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Kollel Iyun Hadaf, Jerusalem

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Shekalim 19



(a) If money that was found between the box of Shekalim and that of Nedavah was ...
1. ... closer to the box of Shekalim - it went to Shekalim, because we learn from the Parshah of Eglah Arufah that one must contend with that which is nearest.
2. ... closer to the box of Nedavah - it went to Nedavah, for the same reason.
(b) If the money was found exactly half way between the box of Eitzim and that of Levonah, it went to Levonah - because Levonah is itself a Korban, whereas Eitzim is no more than Machshirei Korban.

(c) Our Tana speaks about money that was found between Shekalim and Nedavah (even though they are listed as being the furthest apart) - because the boxes were actually placed in a circle, in which case Shekalim and Nedavah would be next to each other, full circle apart.

(a) We would have thought that if the money was found half way between Shekalim and Nedavah, that it should rather go to Shekalim - from which the *regular* Korbanos are bought, rather than to Nedavah, which is only used to buy *irregular* Korbanos for Kayitz ha'Mizbe'ach.

(b) In the second reason, the Gemara explains that in fact, it goes to Nedavah because Mechtzah le'Mechtzah, Ke'mi She'Mes' - and a half Shekel whose owner died, goes to Nedavah anyway.

(c) The first reason is due to the likelihood of the money ending up in the Sheyarei ha'Lishkah, which went towards the rebuilding of the walls of Yerushalayim. Consequently, Nedavah, which was used for the Korbanos themselves, took precedence.

(d) The Tana does not tell us what was done with money that was found between Ketores and Eitzim, and between Levonah and Zahav le'Kapores - because it is self-understood from the cases already mentioned in the Mishnah.

(a) According to Rebbi Elazar, if the Kohen Gadol died, the Asiris ha'Eifah (like the half-Shekel) went to Nedavah. According to Rebbi Yochanan, it was thrown into the Yam ha'Melach.

(b) If the money was found between the Kinin (incorporating money for Chata'os) and the Gozlei Olah, it went to Gozlei Olah, even if it was half- way - because of a T'nai Beis-Din (an automatic stipulation of Beis-Din)?

(c) The precedent for this is the Mosar Chatas that is brought as an Olah - because of T'nai Beis-Din.

(d) Assuming it was a woman (e.g. a Yoledes) who placed the money in the box, how she would fulfill her obligation of bringing a Chatas ha'Of - because of a second T'nai Beis-Din, which obligated whoever supplied the birds etc. to make up for all the Sefeikos (such as the Chata'os in our Sugya). Note: Safek Chata'os ha'Of were brought, but not eaten.

Halachah 2


(a) Money that one found in Yerushalayim in front of the animal merchants, was always Ma'ser-Sheni - because most of the money found there was Ma'ser money, since the people who had brought their Ma'ser money on Yom-Tov, could not possibly finish all of it on Yom-Tov. Consequently, they would leave the remainder with their relatives in Yerushalayim to purchase Shelamim throughout the year. Neither would we assume that it was the merchants who had lost the money (which became Chulin when it reached their hands) - because the purchasers were in the majority.

(b) If money was found in the streets of Yerushalayim, it would depend upon whether it was found on Yom-Tov (when it would be Ma'aser) or during the rest of the year (when it would be Chulin) - because the streets of Yerushalayim tended to be swept every day; whereas money found on Har Habayis was always Chulin - because, due to the srtrong winds that prevail at high altitudes, it did not need to be swept manually.

(c) Limbs of animals that were found in the Azarah, were treated as Olos - because Olos tended to be cut up into whole limbs, before being placed on to the Mizbe'ach. Pieces of flesh, on the other hand, were treated as Chata'os, because it was only Chata'os and Ashamos (which had the same Din as Chata'os) that were eaten in the Azarah, and which would therefore have been cut into pieces.

(d) Pieces of flesh that were found in Yerushalayim were considered Shelamim - because the majority of meat eaten in Yerushalayim was that of Shelamim.

(a) Both the flesh found in the Azarah and that found in Yerushalayim - had to be left overnight (to become Pasul be'Linah - otherwise known as Ibur Tzurah), before being burned in their respective Beis-ha'Sereifos.

(b) If one found elsewhere in Eretz Yisrael ...

1. ... whole limbs of animals - they were considered to be Neveilos (which people would throw into the street for the dogs.
2. ... cut pieces of flesh - they could be eaten, since one only tended to cut them into small pieces either to sell or to place in the pot (and could therefore be assumed to be Kasher).
(c) If one found even whole limbs on Yom-Tov, they would be permitted, because on Yom-Tov, when one eats far more meat, one tends to cook even whole limbs. Consequently, even the majority of whole limbs were Kasher, and were permitted.


6) We learnt in our Mishnah that money that was found on Har ha'Bayis was Chulin. We do not assume it to have been money that fell from the Terumas ha'Lishkah and was therefore Kodesh - because of the Chazakah that the Kohen who took the money from the Terumas ha'Lishkah would buy the animals (for the Korbanos) immediately, transferring the Kedushah from the money on to the animals.


(a) There is no proof from our Mishnah (which rules that flesh found in the Azarah required Ibur Tzurah) for Rebbi Elazar quoting Rebbi Hoshaya, who says that Kodshim which became Pasul through Hesech ha'Da'as required Ibur Tzurah - because as long as the animal remained in the Azarah, there was no Hesech ha'Da'as (but where there *was* Hesech ha'Da'as, it may well not require Ibur Tzurah). The reason that the flesh was Pasul in our Mishnah is because of the Safek that it was left overnight - in which case, had they discovered that it was *not*, it would be Tahor (like any other Safek), and woulds therefore be considered a regular Pesul Tum'ah.

(b) Our Mishnah, which says 'Evrei, Neveilos, va'Chatichos Mutaros' - is comparing the limbs to the pieces: just as the latter were completely Mutar, so were the former, completely Neveilos (and one would receive Malkos for eating them) - a proof for Rebbi Yossi bar Chanina, who is quoted as saying that someone who ate whole limbs that he found outside Yerushalayim, received Malkos for eating Neveilah.

(c) He permits however, limbs of meat that one found tied together - because they were definitely Kasher limbs that someone dropped inadvertently (since people did not tend to throw limbs that were tied together, to the dogs).

(a) If someone purchased a piece of meat that he bought from one of ten shops, nine that sold Neveilah and one, Shechutah, but he cannot remember from which one he bought it, he may not eat the meat. However, he will not receive Malkos for doing so, because then it is a case of 'Kol Kavua ke'Mechtzah al Mechtzah' (whenever the Safek began in its original location, it is considered like fifty-fifty - a regular Safek), for which there is no Malkos.

(b) If he found the meat on the street - it becomes a case of 'Kol de'Parish, me'Ruba Parish (when the Safek originates elsewhere, then we go after the majority) - and he will receive Malkos.

(c) In the reverse case, when *nine* shops sell Kasher meat, and *one* sells Neveilah - then if the Safek originated in the shop (as in a.), he too will be forbidden to eat it, but will not receive Malkos; whereas if it originated elsewhere (as in b.) - then he will be permitted to eat it.

(d) If he found the meat in the hands of a gentile - it is as if he found it in the street, and provided the majority of shops in that town sell Kasher meat, he is permitted to eat it.

(a) The Gemara asks on the previous case from the episode where they saw a gentile leaving a non-Kasher shop with a piece of horse-meat which he had himself cut off from a dead horse - and answers that we only permit meat in the hands of a gentile when we saw him coming out of a Kasher butcher shop.

(b) When the butcher in Tzipori refused to sell a certain man meat - he sent a gentile to purchase meat from there on his behalf.

(c) When the man boasted that the butcher could not stop him from purchasing from his shop, the butcher replied that he had supplied the gentile Sheliach with Neveilah.

(d) When they asked Rebbi whether the meat from that butcher's shop had become prohibited - he replied that, since there had been no announcement that day that there was non-Kasher meat in the shop, all the meat was assumed to be Kasher, and the butcher was not believed to render the meat of Tzipori, Tereifah.

(a) When Rav arrived in Bavel and saw how careless they were in leaving their meat with gentiles to look after - he issued a decree forbidding all meat that was left even momentarily out of sight and to which non-Jews had access ('Basar she'Nis'alem min ha'Ayin').

(b) When the piece of meat that the man was washing in the river, fell into the water, and he left, intending to return later to fish it out - Rebbi told him that his meat was forbidden, because of the possibility that the river would sweep it away and replace it with a piece of Neveilah (Note: Our Gemara does not discuss a case where the actual piece was clearly recognizable, but a similar Halachah will be discused in the next Sugya.)

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