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Bava Metzia 57

1) [line 1] L'MINKAT U'MEICHAL MINAIHU - to take [out the planted seeds that have as yet not taken root] and eat them

(a) Two similar concepts are invoked by Chazal with regard to transferring the Kedushah of an animal that was designated as Hekdesh: Temurah (exchange) and Chilul (redemption). While the Torah prohibits making a Temurah (Vayikra 27:10; see Background to Bava Kama 73:5), Chilul is permitted, and even a Mitzvah at times.
(b) In practice, the difference between these two concepts is that Temurah involves an attempt to transfer the Kedushas ha'Guf of one Korban onto a replacement Korban, while Chilul refers to transferring the Kedushas Damim of an invalid Korban onto money (or an object of value), so that the money can be used to purchase a valid Korban to replace the first one. (For a definition of Kedushas ha'Guf and Kedushas Damim, see Background to Bava Metzia 43:11a:c.)
(c) For example, the Mishnah (Temurah 26b) teaches that a person can make a Temurah by taking two animals, one of which was designated as a Korban, and saying "Zo Tachas Zo" - "This [animal] is instead of this [animal]" or "Zo Temuras Zo" - "This is in place of this" or "Zo Chalifas Zo" - "This is in exchange for this." If he uses the phrase "Zo *Mechuleles* Al Zo" - "This is *redeemed* onto this," he is not trying to make a Temurah, but trying to perform a Chilul (*redeeming* the Hekdesh by transferring it onto money). If the animal is a valid, unblemished Korban, it does not become redeemed, since an animal that is still fit for a sacrifice has no redemption. On the other hand, as our Gemara quotes from the above-mentioned Mishnah, is the animal is a Korban that became invalidated for use because of a Mum, (a blemish, see Background to Bava Kama 109:16), the animal becomes redeemed. The former Hekdesh animal becomes Chulin, and the owner must pay the difference between the values of the two animals to Hekdesh, if the second animal is worth less than the first one.

3) [line 27] V'EIPUCH D'REBBI YOCHANAN L'REISH LAKISH UD'REISH LAKISH L'REBBI YOCHANAN - and the opinions of Rebbi Yochanan and Reish Lakish with regard to the Mishnah in Temurah should be switched; Rebbi Yochanan rules that one repays the difference Min ha'Torah and Reish Lakish rules that it is mid'Rabanan.


4) [line 2] RIBIS
(a) It is forbidden to lend money with interest (Shemos 22:24, Vayikra 25:36, Devarim 23:20). Even if interest is charged conditionally, and it is eventually not collected, the transaction is prohibited mid'Oraisa according to some Tana'im. It is also forbidden to take money in order to allow the borrower more time to complete the payment of the loan. (Such payment is known as "Agar Natar.")
(b) The Torah forbids lending with interest only if the rate or amount of interest was fixed at the time that the loan was made. This is called Ribis Ketzutzah. If interest was paid but the amount paid was not fixed at the time of the loan, or if a higher price was paid in a *sale* in order that the seller should allow the buyer more time to complete his payment for the purchase, it is called Avak Ribis or Ribis d'Rabanan. In addition to these, certain payments that are not actually Ribis mid'Oraisa or mid'Rabanan were prohibited because they have similarities to Ribis. Chazal refer to this as "Ha'aramas Ribis."

5) [line 11] OZFEI GIZBAR - the treasurer of Hekdesh lent out funds of Hekdesh on interest, thinking that the laws of usury do not apply to the funds of Hekdesh

6) [line 13] KEIVAN SHE'MA'AL HA'GIZBAR YATZ'U MA'OSAV L'CHULIN V'HAVU LEHU D'HEDYOT - since the treasurer transgressed the prohibition of Me'ilah (see Background to Bava Metzia 43:11a), the coins of Hekdesh become Chulin and enter the possession of a private citizen (i.e. the treasurer, in that he must reimburse Hekdesh and pay a Chomesh)

7) [line 15] KEGON SHE'KIBEL ALAV L'SAPEK SELATOS ME'ARBA V'AMDU MI'SHALOSH - with regard to a case where a person accepted upon himself to supply fine flour to the Beis ha'Mikdash (for the Menachos) at the price of four Se'in for a Sela, and the price of flour went up to the extent that three Se'im were selling for a Sela

8) [line 20] AVNEI VINYAN HA'MESUROS L'GIZBAR - building stones that were under the supervision of the treasurer of Hekdesh

When the Beis ha'Mikdash and other holy structures were built, the builders used building materials that were not sanctified until the structure was completed. This prevented the builders and others from transgressing the prohibition of Me'ilah during the construction process (RASHI).

10) [line 23] "AL KOL DEVAR PESHA: AL SHOR, AL CHAMOR, AL SEH, AL SALMAH, AL KOL AVEIDAH ASHER YOMAR [KI HU ZEH...]" - "In every case of liability, whether it be for an ox, for a donkey, for a sheep, for a garment, or for any kind of lost thing, about which he will say [that this is it, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double to his neighbor.]" (Shemos 22:8)

(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael, who is Doresh Kelalei and Peratei (see Background to Kidushin 21:15), lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is Kelal u'Frat u'Chelal Iy Atah Dan Ela k'Ein ha'Perat.
(b) When a Kelal (general term) is followed by a Perat (specification), which is followed in turn by another Kelal, then everything belonging to the general category that is similar to the Perat is included. Anything that is not in the *general category* of the limiting Perat is not included.

12) [line 32] "RE'EHU" - "his neighbor" (Shemos 22:8) -- as opposed to Hekdesh

13) [line 33] TASHLUMEI ARBA'AH V'CHAMISHAH AMAR RACHMANA - the Torah specified payment of four [times the value of a stolen sheep] and five [times the value of a stolen bull] (see Background to Bava Metzia 56:10), not three and four (i.e. the Gemara has already proven that the second "Kefel" payment does not apply to Hekdesh. Since the Kefel payment is part of the payments of four and five, they, too, are limited to Hedyot, and do not apply to Hekdesh.

14) [line 36] "KI YITEN ISH KESEF O CHELIM (V'GUNAV MI'BEIS HA'ISH) [LISHMOR...]" - "If a man gives to his friend money or utensils to guard, [and they are stolen from the house of the person, then if the thief is found, he shall pay double.]" (Shemos 22:6)

15) [line 46] "KI YITEN ISH EL RE'EHU CHAMOR O SHOR O SEH V'CHOL BEHEMAH LISHMOR; U'MES O NISHBAR O NISHBAH EIN RO'EH." - "If a man delivers to his neighbor an a donkey, or a bull, or a sheep, or any beast, to guard, and it dies, or is hurt, or is captured, no man seeing it." (Shemos 22:9)

16) [last line] SHIKLEIHEN
(a) In the Beis ha'Mikdash, many public sacrifices were offered (for example the daily Temidim, the Korbenos Musaf of Rosh Chodesh and the festivals etc.). In order to finance these Korbanos, one half a Shekel was collected from every Jew, both those living in Eretz Yisrael and in the Golah, once a year.
(b) The half Shekalim were collected before Rosh Chodesh Nisan so that the Korbanos of the new year (which starts with the month of Nisan) would be offered from the money that was collected for the new year. On the first of Adar, Beis Din announced that the Shekalim should be collected, in order to ensure that all of the Shekalim would be collected before Rosh Chodesh Nisan (see Insights to Shekalim 2a). Some commentaries contend that a portion of the Shekalim would not arrive until after Rosh Chodesh Nisan, while others claim that all of the Shekalim arrived by Rosh Chodesh Nisan, since the Shekalim were collected from the regions further from Yerushalayim earlier in the year. (This latter opinion appears to be the conclusion of the Yerushalmi, Shekalim 2a - see Mishnas Eliyahu ibid. 2b.)
(c) The amount that was collected from each Jew was not fixed at half a Shekel. Rather, the amount given was always half of the "Matbe'a ha'Yotzei" (the primary coin in use at the time), provided that it was not *less* than the value of half a Shekel.
(d) The word "Shekel," as used in the phrase "Machatzis ha'Shekel," refers to the Shekel that was in use at the time of Moshe Rabeinu, which was equivalent to the "Sela" of the times of the Gemara. Machatzis ha'Shekel is half of a Sela, or two Dinarim. People became accustomed to calling the coin that was valued at half of a Sela, "Shekel," since it was "paid out" ("Shoklim" Oso) in order to fulfill the Mitzvah of Machatzis ha'Shekel each year (RAMBAN to Shemos 30:13).

(a) Every year, one half Shekel was collected from every Jew to fund the Korbenos Tzibur that were offered in the Beis ha'Mikdash. Beis Din placed the money that was collected in a room in the Mikdash reserved for that purpose (see previous entry).
(b) At three times during the year (before each of the three festivals), Beis Din filled three boxes, each of which held three Se'in (approximately 21.6, 25 or 43.2 liters, depending upon the differing Halachic opinions) with Shekalim from that room. The portion that was set aside in the boxes was called the "Terumas ha'Lishkah," while the remainder of the Shekalim were called "Sheyarei ha'Lishkah" (Shekalim 7b, 8a). (See Insights to Shekalim 9:2)
(c) There is a difference of opinion as to why the Terumas ha'Lishkah was done three times a year rather than just once. One opinion states that the reason was only to publicize the Terumas ha'Lishkah (Shekalim 2b, see Insights there). According to others, Beis Din was concerned that the Terumas ha'Lishkah should be collected from the Shekalim that arrived later in the year (this opinion is also mentioned in the Yerushalmi, ibid.).
(d) The Shekalim from the Terumas ha'Lishkah were used to purchase the animals needed for public sacrifices and for the wages of certain laborers and appointees of Hekdesh. The Shekalim from the Sheyarei ha'Lishkah were used to buy other goods necessary for the upkeep of the Mikdash and the entire city of Yerushalayim (Shekalim 4a-b).

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