ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Shekalim 5
Questions
1)
(a) If the father left property and animals, it is possible to be Chayav
both Kalbon and Ma'aser Beheimah, or to be Patur from both. One is ...
1. ... Chayav both - if they divided the property i.e. the money and then
entered into partnership, but not the animals.
2. ... Patur from both - if they divided the animals and then went into
partnership, but not the property.
(b) According to Rebbi Mana, one would sometimes be Patur from Kalbon, even
in the former case - if the animals comprised the majority of the property.
(c) Rebbi Avin Amar Rebbi Shimi queries Rebbi Mana - when all's said and
done, they *did* divide the money, which therefore did not come from from
Tefusas ha'Bayis. So why should they be Patur from Kalbon, on the basis of
not having divided the animals (What has the money got to do with the
animals)?
(d) Rebbi Mana answers - since he gives a whole Shekel from the money that
was originally destined to be his, it is as if the money had never been
divided (and was still in Tefusas ha'Bayis).
2)
(a) But in that case, asks the Gemara, why should we not say the same thing
by 'Chazru ve'Nishtatfu'? Why did our Mishnah say there that he is Chayav
be'Kalbon?
(b) This Kashya remains unanswered.
3)
(a) There is no difference between Yerushah d'Oraysa and Yerushah
de'Rabbanan - i.e. whether it is two sons inheriting from their father or
two brothers-in-law from their father-in-law - in both cases, they are Patur
from Kalbon.
(b) Rebbi Meir holds that the Kalbonos went where the Shekalim went -
according to Rebbi Elazar, they went to Nedavah.
(c) Rebbi Shimon Shezuri holds that they were melted down and used to
overlay the Kodesh ha'Kodoshim - according to Ben Azai, it went to pay the
bankers their commision.
(d) Others (Rebbi Nasan) say that it was used to pay for the transportation
of the Shekalim from the towns to Yerushalayim.
***** Hadran Alach 'be'Echad ba'Adar'! *****
***** Perek Metzarfin Shekalim *****
Halachah 1
4)
(a) 'Metzarfin Shekalim le'Darkonos' means - that if the townspeople wish to
change their combined half-Shekalim into Darkonos (the name of a gold coin),
in order to facilitate transport, they may do so.
(b) The Shofros were gigantic collecting boxes, wide at the bottom and
narrow on top (so that it was easy to put money *in*, but difficult to take
it *out*). They were placed in the Azarah, and throughout Yerushalayim
(according to the Rambam - Medinah incorporates the other cities, too).
(c) If, *after* money had been withdrawn from the Lishkah (the room in the
Beis Hamikdash into which all the half-Shekalim were stored), the money of
the town's half-Shekalim was stolen from the Shelichim on the way to
Yerushalayim, the Shelichim would have to swear to the treasurers that they
had not been careless and that they had not taken the money themselves. The
reason that they swore to the treasurers and not to the townspeople who had
sent them - is because, once the Terumas ha'Lishkah has taken place, it is
as if the money belongs to Hekdesh; consequently, it is to Hekdesh that they
are answerable.
(d) If the same thing happened *before* the money was drawn - then the
Sheli'ach would have to swear to the people in order to be exempt from
apaying, and the people would then be obligated to pay their half-Shekel
again.
5)
(a) If the money or the thief was found, both lots of money retained the Din
of half-Shekel.
(b) Nor is it in place of next year's half-Shekel, which they remain
obligated to give.
6)
(a) The townspeople are not permitted to transfer their half-Shekalim into
jewels, because of the fear that the jewels might depreciate in value,
causing Hekdesh a loss.
(b) The Shofros in the Beis-Hamikdash were restricted to the *current*
year's Shekalim - they were not for the benefit of people bringing *last*
year's.
(c) According to the Rambam, the Mishnah in Bechoros reads 'Atikin
ba'Mikdash, ve'Atikin bi'Medinah' - and the Gemara is actually quoting this
Mishnah in order to *disprove* the previous statement, not to *prove* it.
7)
(a) The Gemara confines the Din of a Sheliach to a Shomer Chinam - because
it is only *he* who is Patur for theft and loss, a Shomer Sachar would be
Chayav, so what would be the point of swearing?
(b) According to Rebbi Aba, our Mishnah might even be speaking about a
Shomer Sachar - in which case, 'theft' would specifically mean through an
armed robber, and 'loss', that his ship sunk in the sea (both of which are
pure accidents beyond his control, and would therefore be considered O'nes),
for which a Shomer Sachar too, is Patur.
(c) The Tana of our Mishnah, which differentiates between whether the
Terumah has been taken or not, must hold 'Tormin al ha'Gavuy ve'Al he'Asid
Ligavos', which is why, once the Terumah has been taken, the half-Shekalim
are considered the possession of Hekdesh, the Sheli'ach swears to the
treasurers, and the townspeople are exempt from paying - According to those
who hold 'Ein Tormin Al ha'Gavuy ve'Al he'Asid Ligavos', the money will
remain in the possession of the towspeople even *after* the Terumah has been
taken, and the Din will therefore be the same as when when the money was
stolen or lost *before* the Terumah was taken.
8)
(a) Rebbi Elazar maintains that the author of our Mishnah, which exempts
Sheli'ach and the townspeople from having to pay a second time through an
oath, must be Rebbi Shimon - who holds that 'Kodshim for which one is
responsible, are considered his property (according to the Rabbanan, the
property belongs to Hekdesh, and one never swears on property belonging to
Hekdesh.
(b) According to Rebbi Yochanan, this oath is mi'de'Rabbanan (min ha'Torah,
the Sheli'ach is Patur from swearing and is not required to pay).
(c) According to Rebbi Elazar, why, in the Reisha does the Sheli'ach swear
to the treasurers, even though they are not responsible for the half-
Shekalim?
5b---------------------------------------5b
Questions
9)
(a) Rebbi Elazar will explain the Mishnah 'Nishba'in le'Gizbarin' to mean
that he swears to the townspeople in the presence of the treasurers (in
order to receive his remuneration - should he be a Shomer Sachar).
(b) The reason that the treaurers should be present when the Sheli'ach
swears is so that they do not suspect the townspeople of witholding their
half-Shekel (or the Sheli'ach of stealing the money), or the Sheli'ach of
losing the money through negligence.
(c) According to Rebbi Yochanan (in whose opinion the oath is a Takanas
Chachamim), the Sheli'ach needs to swear even if the townspeople undertake
to pay anyway.
10)
(a) One is held responsible for one's half-Shekel, according to Rebbi
Yochanan - until he has handed it over to the treasurer.
(b) This applies even after the the money for the Korbanos has already been
drawn from the Lishkah.
(c) Resh Lakish exempts one from responsibility from the moment one sets
aside the money - because whatever is Hekdesh is in the domain of Hekdesh
wherever it is.
(d) According to Resh Lakish, our Mishnah, which obligates the Sheli'ach to
swear to the townspeople (if the money was not yet drawn from the Lishkah),
and the townspeople to pay, is part of the Takanas Chachamim that we learnt
above. Chazal instituted this oath in order to discourage people from
sending their half-Shekalim through a Sheli'ach (because it is preferable to
perform a Mitzvah oneself than through a Sheli'ach).
11)
(a) If the money or the thief is found, both sets of money remain in the
domain of Hekdesh. The original money goes into the box marked 'Tiklin
Chadtin' - the second set, into the box marked 'Tikln Atikin'.
(b) Some say that the original set refers to the one that the townspeople
sent first; others, to the money that reached the hands of the treasurer
first.
Halachah 2
(c) If a Sheli'ach who was given Machtzis-ha'Shekel money to put into the
Shofar for somebody else, placed it there for himself, he will be Mo'el only
if the Terumas ha'Lishkah was already taken.
(d) If someone takes money which he designated for Bedek ha'Bayis, and,
mistaking it for Chulin-money, he placed it in the Shofar, he is also Mo'el
- but only if the Terumas ha'Lishkah had been taken, and the Korban had been
purchased and sacrificed.
12)
(a) In the Reisha of the Mishnah, the Tana writes 'Im Nisremah ha'Terumah,
Ma'al - according to Tana de'Bei Rebbi, this speaks only after they had
actually sacrificed the animals, too - just like in the Seifa.
(b) Rebbi Shimon says that the storekeeper who supplied the commodities for
the Korbanos was paid immediately (as opposed to the Chachamim, in whose
opinion, he was only paid when the relevant Korban had been sacrificed on
the Mizbei'ach) - because the Kohanim were keen, and one need have no fears
that they would delay until the animal became blemished. From here we see
that, according to Rebbi Shimon, the money goes out to Chulin (and one is
Mo'el on it), even before the animal has been sacrificed.
(c) If someone steals an Olah and sacrifices it, it is the original owner
who receives the atonement.
(d) That being the case, why is the Sheli'ach Mo'el in our Mishnah when he
places the Shekel in the box on his own behalf?
13)
(a) The Gemara therefore establishes the Mishnah by a Shekel Mesuyam -
meaning a specific Shekel which is recognisably the second person's (the
Sheli'ach's), and as a result of which the treasurers purchase the Korban -
on his behalf.
(b) But the half-Shekel, asks the Gemara, may have been taken from the
Shirayim - and if it was, we have a principle 'Ein Mo'alin be'Shirayim' - so
why would there be Me'ilah at all?
(c) The author of our Mishnah, answers the Gemara, might well be Rebbi Meir
- who holds 'Mo'alin be'Shirayim'.
(d) Or it might even be the Rabbanan, answers the Gemara - when we know that
the Korban was bought with this half-Shekel (and that it did not go into the
Mosar ha'Terumah) - like the story with Raban Gamliel, who made certain that
his Shekel went straight into the box, and not into the Lishkah.
14)
(a) Only someone who benefits from Hekdesh brings a Korban Me'ilah. The
benefit that the two people in our Mishnah who are Mo'el, receive - is that,
now that they have ostensibly given their half-Shekel, the treasurers will
not take a security from them.
(b) We cannot ascribe the benefit to the Mitzvah of bringing a Korban -
becauses of the principle 'Mitzvos La'v Lehanos Nitnu' (the benefit that one
receives from a Mitzvah is not considered benefit).
(c) If someone used Ma'aser-Sheini or Shevi'is money to pay his half-Shekel,
he is not Mo'el - because Kedushah cannot become effective on something that
is already Kadosh.
(d) If someone gave such a coin for his Machtzis ha'Shekel - he must bring
another coin and declare that wherever the Ma'aser Sheini or Shevi'is coin
is, its Kedushah is now transferred on to this new coin, and the first one
(which is now lying in the Lishkah) adopts the Kedushah of the half-
Shekalim).
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