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1) AN ERROR ABOVE A SIXTH

(a) Question (Rav Asi): Everything in the Mishnah to which Ona'ah (returning the overcharge or undercharge of a sixth) does not apply - is the sale invalid if the error was more than this?
(b) (Rav Nachman): He later concluded, the sale is invalid.
(c) (R. Yonah citing R. Yochanan): Ona'ah does not apply to Hekdesh, cancellation of the sale does apply.
(d) (R. Yirmeyah citing R. Yochanan): Ona'ah does not apply to land, cancellation of the sale does apply.

1. R. Yonah said this by Hekdesh (even though there is only a mistake by one party, i.e. the person) - all the more so by land (in which the buyer and seller erred);
2. R. Yirmeyah said this by land - but by Hekdesh, the sale is never invalid.

i. (Shmuel): If 100 Maneh (10,000 Dinarim) was redeemed on a Perutah, the redemption works.

(e) (Mishnah): Reuven said, this sacrifice is redeemed onto this animal - if the sacrifice was blemished, it is redeemed, but Reuven must compensate Hekdesh if the redemption is worth less than the sacrifice.
(f) (R. Yochanan): Mid'Oraisa, it is redeemed; mid'Rabanan, Reuven must compensate Hekdesh.
(g) (Reish Lakish): Mid'Oraisa, Reuven must compensate Hekdesh.
(h) Question: What is the case?

1. If the mistake was a sixth - why would Reish Lakish say that Mid'Oraisa, he must compensate Hekdesh? Our Mishnah teaches, there is no Ona'ah by Hekdesh!
2. If it was more than a sixth, how could R. Yochanan say that Mid'Oraisa, it is redeemed - R. Yonah cited R. Yochanan to say that by Hekdesh, the redemption is cancelled!

(i) Answer #1: Really, it was more than a sixth - the opinions must be switched.

1. Question: On what do they argue?
2. Answer #1: Regarding Shmuel's law (that any amount of Hekdesh can be redeemed on a Perutah) - Reish Lakish holds as Shmuel, R. Yochanan does not.
3. Answer #2: Really, both hold as Shmuel; they argue whether l'Chatchilah, one may redeem Hekdesh on less than its value;

i. Reish Lakish says, this is l'Chatchilah (therefore, only mid'Rabanan he must compensate Hekdesh);
ii. R. Yochanan says, this is b'Diavad - therefore, mid'Oraisa he must compensate Hekdesh.

(j) Answer #2: Really, the mistake was a sixth - the opinions need not be switched - they argue about Rav Chisda's law.

1. (Rav Chisda): The threshold of Ona'ah does not apply to Hekdesh - even less than a sixth, Hekdesh must be compensated.

(k) Question (Beraisa): Usury and Ona'ah apply to people, not to Hekdesh.
(l) Answer: We can answer as we answered our Mishnah - that means, usury and the threshold of Ona'ah do not apply to Hekdesh.
(m) Question (end of the Beraisa): Here, a commoner in more stringent than Hekdesh. (According to Rav Chisda, Hekdesh is more stringent!)
(n) Answer: That refers to usury, by which a commoner is more stringent.
(o) Question: The Beraisa should also teach (regarding Ona'ah), here, Hekdesh is more stringent than a commoner!
(p) Answer: No - usury is the only stringency of a commoner above Hekdesh, it is fitting to say 'Here, a commoner is more stringent' - but Hekdesh has many stringencies over a commoner.
(q) Question: What is the case of usury regarding Hekdesh?

1. If the Gizbar lent 100 on condition to get back 120 - the Gizbar transgressed Me'ilah, the money is his (and he owes Hekdesh - this is usury of a commoner)!

(r) Answer #1 (R. Hoshiya): The case is, Reuven accepted to supply Hekdesh with flour for four Sa'im per Sela, and the price rose to 3 Sa'im per Sela - he supplies as he stipulated. (It is forbidden to do so regarding a commoner until the price stabilizes (many people are selling it in the market).

1. (Beraisa): One who accepts to supply Hekdesh with flour for four Sa'im per Sela, and the price rose to 3 Sa'im per Sela - he supplies for four;
2. If he accepted to supply for three Sa'im per Sela, and the price declined to four Sa'im per Sela - he supplies for four, because Hekdesh has the upper hand. (It is forbidden to do so regarding a commoner until the price stabilizes,)

(s) Answer #2 (Rav Papa): The case is, the Gizbar lent 100 rocks used for building on condition to get back 120;

1. (Shmuel): The building materials are Chulin; only after finishing, we give what is built to Hekdesh (to avoid accidental Me'ilah).

(a) (Mishnah): One who steals them does not pay double...
(b) Question: How do we know this?
(c) Answer (Beraisa): "Al Kol Davar Pesha" - this is a generality; "Al Shor Al Chamor Al Seh Al Salmah" - these are specifics; "Al Kol Avedah" - generality;

1. A generality, specific, generality teaches everything similar to the specific - something movable that has intrinsic value;

i. This excludes land, slaves (which are equated to land), and documents (their value is not intrinsic).
ii. Hekdesh is excluded - it says "L'Re'ehu".

(d) (Mishnah): Nor four or five...
(e) This is because the Torah speaks of four or five, not three or four (one of the four or five is the double payment, and he is exempt from this).
(f) (Mishnah): A free watchman does not swear...
(g) Question: How do we know this?
(h) Answer (Beraisa): "Ki Yiten Ish El Re'ehu" - generality; "Kesef O Kelim" - specifics; "Lishmor" - generality;

1. The generality, specific, generality teaches everything similar to the specifics - something movable that has intrinsic value;

iii. This excludes land, slaves and documents;
iv. Hekdesh is excluded - it says "Re'ehu".

(i) (Mishnah): A paid watchman does not pay...
(j) (Beraisa): "Ki Yiten Ish El Re'ehu" - generality; "Chamor O Shor O Seh" - these are specifics; "V'Chol Behemah Lishmor" - generality;

1. The generality, specific, generality teaches everything similar to the specifics - something movable that has intrinsic value;

v. This excludes land, slaves and documents;
vi. Hekdesh is excluded - it says "Re'ehu".