1)

MISTAKEN HEKDESH

(a)

(Mishnah): Beis Shamai say that if one makes something Hekdesh by mistake, it is Hekdesh;

(b)

Beis Hillel say, it is not Hekdesh.

(c)

Beis Shamai say, if one said 'the black ox that will leave my house first, will be Hekdesh', and a white ox left first, it is Hekdesh;

(d)

Beis Hillel say, it is not Hekdesh.

(e)

Beis Shamai say, if one said 'the gold coin that will be the first to come to my hand, will be Hekdesh', and a silver coin came first to his hand, it is Hekdesh;

(f)

Beis Hillel say, it is not Hekdesh.

(g)

Beis Shamai say, if one said 'the barrel of wine which will be the first to come to my hand, will be Hekdesh', and a barrel of oil came first, it is Hekdesh;

(h)

Beis Hillel say, that it is not Hekdesh.

(i)

(Gemara) Question: What is the reason of Beis Shamai?

(j)

Answer #1: They learn initial Hekdesh (making Chulin into Hekdesh) from final Hekdesh (Temurah, trying to transfer the Kedushah of a Korban to a Chulin animal. Another answer will be given on 31b.)

1.

Just like Temurah imparts Kedushah, even mistakenly (he did not know that both will be Kodesh), also initial Hekdesh.

2.

Beis Hillel say that this applies only to Temurah, not to initial Hekdesh.

2)

BEIS SHAMAI'S OPINION ABOUT MISTAKEN HEKDESH

(a)

Rhetorical question: According to Beis Shamai, if one said 'at midday, this animal should be Temurah of this animal', does it become Kodesh right away?!

(b)

Answer: Surely, it is not Hekdesh until midday!

(c)

Objection: Also in the Mishnah, Hekdesh should not take effect unlike the man's words (he said that he is Makdish the black one that will leave first)!

(d)

Version #1 (our text, Tosfos (33a)) Answer (Rav Papa): He meant, the first black ox to leave. (Beis Shamai say that this is Hekdesh, not the white ox that left first.)

(e)

Question: He said 'the black ox.' Doesn't the Mishnah apply even if he only has one black ox? (Surely, he meant the black ox, which will leave first!)

(f)

Answer: No, he has more than one.

(g)

Version #2 (Rashi) Answer (Rav Papa) He intended for the first ox to leave, be it black or white.

(h)

Question: He said 'the black one'! Doesn't the Mishnah discuss one who has several black oxen? (He meant 'the first of the black ones to leave'!)

(i)

Answer: No, he has only one. (end of Version #2)

(j)

Beis Hillel say, if that was his intention, he should have said 'the one that leaves ba'Rishon.' (Tosfos, Rashi - 'Rishon' connotes that the first one to leave will be black. Rosh - he should not have mentioned 'from the house'.)

(k)

Question (Rava of Barnish): This is intended Hekdesh, not mistaken Hekdesh!

(l)

Answer (Rav Ashi): Because his words can be misconstrued, it is called mistaken Hekdesh.

(m)

Question: Beis Shamai hold that mistaken Hekdesh is Hekdesh!

1.

(Mishnah): If Reuven was a Nazir and a Chacham permitted his Nezirus, and he had designated an animal for one of Korbanos Nazir, it may graze with the flock (i.e. it has no Kedushah);

2.

Beis Hillel (to Beis Shamai): Don't you agree that this is a case of mistaken Hekdesh, and it has no Kedushah!

3.

Inference: Beis Shamai hold that mistaken Hekdesh has Kedushah!

(n)

Answer: Beis Hillel misunderstood Beis Shamai:

1.

Beis Hillel thought that Beis Shamai say that the ox is Hekdesh because they hold that mistaken Hekdesh has Kedushah (Birkas Rosh - even if he did not intend for it. This is wrong);

2.

Here, he did not err (he intended to be Makdish the first). His only mistake was that he expected a black one to leave first.

(o)

Question: Beis Shamai hold that mistaken Hekdesh is Hekdesh!

31b----------------------------------------31b

1.

(Mishnah): Six men (Reuven, Shimon...) were walking on the road; they saw a man walking towards them.

2.

Reuven: I am a Nazir if the man approaching us is Ploni.

3.

Shimon: I am a Nazir if it is not Ploni.

4.

Levi: I am a Nazir if one of you (Reuven and Shimon) is a Nazir,'

5.

Yehudah: I am a Nazir if one of you (Reuven and Shimon) is not a Nazir,'

6.

Yisachar: I am a Nazir if both of you are Nezirim.

7.

Zevulun: I am a Nazir if all five of you are Nezirim.

8.

Beis Shamai says, all six of them are Nezirim.

9.

(Summation of question): This is a mistaken Hekdesh, and Beis Shamai says that they are all Nezirim!

(p)

Response: Indeed, this Mishnah proves that Beis Shamai say that mistaken Hekdesh is Hekdesh (Birkas Rosh - even when his words were not fulfilled at all. We must say that he intended to be a Nazir in any case.) Our Mishnah is not a proof.

3)

THE CASE OF THE MISHNAH

(a)

Answer #2 (to Question 1:i - Abaye): Our Mishnah does not discuss the morning (before the oxen have left), rather in the afternoon, after they have left.

1.

He said 'the black ox that left first should be Hekdesh.' People told him that a white ox left first.

2.

The man: Had I known this, I would not have said 'the black ox' (i.e. I intended to be Makdish the first that left. I said black only because I thought that it was the black one.)

(b)

Objection (Seifa): If he said 'the gold coin that will come first (to my hand)...' (This shows that he spoke before the event!)

(c)

Correction: The Mishnah should say 'that came first.'

(d)

Objection (Seifa): If he said 'the barrel of wine that will come first...'

(e)

Correction: The Mishnah should say 'that came first.'

(f)

(Rav Chisda): A black ox among white ones detracts. A white spot in a black ox is a sign of leprosy.

(g)

Question (Mishnah): If he said 'the black ox that left my house first is Hekdesh...'

1.

We are thinking that a person is Makdish stingily.

2.

According to Rav Chisda, the person is Makdish generously (better than what he said)!

3.

Suggestion: Perhaps a person is Makdish generously!

4.

Rejection (Seifa): If he said 'the gold coin that will come first to my hand', and a silver coin came first, it is Hekdesh.

5.

Counter-question: You hold that this shows that one is Makdish stingily. The Seifa disproves this!

i.

(Seifa): If he said 'the barrel of wine that will come...', and a barrel of oil came first, it is Hekdesh.

ii.

Oil is worth more than wine!

6.

Answer: The Tana discusses Galil, where oil is cheaper than wine.

(h)

Question: The Reisha remains difficult for Rav Chisda. (If we do not say that white oxen are better, we can say that the Mishnah discusses Galil, and Beis Shamai say that a person makes Hekdesh stingily.)

(i)

Answer: Rav Chisda referred only to oxen of Karmenai (Tosfos - a certain kingdom; Rashi - regarding plowing).

(j)

(Rav Chisda): Black oxen have the best hide. Red oxen have the best meat. White oxen are the best for plowing.

(k)

Objection Rav Chisda said that a black ox among white ones detracts!

(l)

Answer: He referred to oxen of Karmenai.

4)

MISTAKEN NEZIRUS

(a)

(Mishnah): Reuven accepted Nezirus. He asked a Chacham to permit it, but the Chacham did not. He counts his Nezirus from the day he vowed (even if he was not observing the laws of Nezirus).

(b)

If the Chacham declared his Nezirus to be void, if he had designated an animal for his Korbanos, it may graze with the flock (it has no Kedushah).

(c)

Beis Hillel (to Beis Shamai): Don't you agree that because it is mistaken Hekdesh, it has no Kedushah!

(d)

Beis Shamai: Don't you agree that if one (was counting his flock to declare the 10th Ma'aser and) erred, and called the ninth '10th', called the 10th 'ninth', and called the 11th '10th', that they are all Hekdesh!

(e)

Beis Hillel: He does not make them Hekdesh because he hit them with his staff (i.e. called them 10th);

1.

Had he called the eighth or 12th '10th', would this have any effect?!

2.

Rather, the verse that teaches that the 10th is Hekdesh, also teaches (through a Derashah) that the ninth and 11th can become Hekdesh.

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