A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Erchin 27A - 27B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
March 10, 2008
Duration
48:11

This transcript was auto-generated and polished for readability. While we aim for accuracy, errors may occur. If you notice a mistake, please click to submit corrections.

The Mishnah discusses the redemption of a field that has been consecrated to the Temple treasury, known as Hekdesh. The scenario involves a field that is not subject to the laws of the Jubilee year (Yovel), meaning its value is not fixed by a formula but determined by market value. When the Gizbar (treasurer) wants to redeem such a field, an announcement is made inviting bids. The first option to redeem the field is given to its original owner. This is because the owner, when redeeming their own field, must pay an additional fifth (chomesh) of its value to Hekdesh, unlike other bidders. This extra payment benefits Hekdesh.

The Mishnah provides an example: A man consecrated his field because it was unprofitable, incurring more expenses than profit. He wanted to benefit Hekdesh by consecrating it. When the Gizbar offered him the first option to redeem it, the owner, not wanting the field back, bid a low amount, an "isar." Rabbi Yosef states it was a "besa" (egg), not an "isar." The field can be redeemed with money or its equivalent value. The owner's bid was accepted, and he received his field back, even though he had intended to be rid of it. He lost the "isar" but regained the field. The purpose of this story, the Gemara clarifies, is to illustrate that even if the owner doesn't want the field, he is still given the first option, and his bid, even if low, can be accepted if no one else outbids him. The dispute between Rabbi Yosef and the Sages (Rabbanan) regarding the "isar" or "besa" centers on whether an item whose fifth is less than a peruta (the smallest coin) can be used for redemption. Rabbi Yosef holds that the equivalent of money (shaveh kesef) is like money, even if the fifth is negligible, while the Sages require the fifth to be at least a peruta. The Mishnah's conclusion, mentioning "isar," aligns with the view of the Sages.

The discussion then shifts to a different type of consecrated field, not a "field of inheritance" (sadeh achuzah), but a regular field. For such a field, the redemption price is its market value, not a fixed formula. The Mishnah describes an auction where bidders offer increasing amounts: 10, 20, 30, 40, up to 50. If the highest bidder (the 50-bidder) backs out, Hekdesh incurs a loss. To compensate, 10 units are taken from the 50-bidder's property, as the next highest bid was 40, and Hekdesh was relying on 50. If the 40-bidder also backs out, he too must pay 10 units, and so on. If all bidders back out, the field is sold for its current market value, and the original bidders must compensate Hekdesh for the difference between their bids and the final sale price.

A specific scenario is presented: the owners bid 20, and another person bids 20. In this tie, the owners get preference. This is because the owners must pay an additional fifth (chomesh), making their effective bid 25 (20 + 5). Therefore, Hekdesh benefits more from the owner's bid. If another person bids 21, the owner's bid of 20, with the chomesh, still totals 25. The Gemara explains that Hekdesh will still take the owner's bid of 20, which becomes 25 with the chomesh. However, to ensure Hekdesh doesn't lose the additional principal that the 21-bidder offered, the owner is required to pay an extra 1, bringing his total to 26. This demonstrates that the chomesh is added to the original bid, not to a raised bid. The principle is that Hekdesh should always gain the maximum benefit.

The Gemara then addresses a case where the owner bids 20, and another person bids 22. The owner's bid, with chomesh, is 25. The other person's bid is 22. The owner's bid is still preferred because 25 is greater than 22. The Mishnah states that if the owners are willing to pay 31 and a dinar, they get the field. This implies a complex calculation to ensure Hekdesh receives the highest possible value, factoring in the chomesh and any additional principal that would have been lost.

Rav Chazda introduces a novel concept regarding bidders backing out. He states that the rule for the 50-bidder paying 10 when he backs out applies only if the 40-bidder is still committed. If the 40-bidder also backs out, the loss is divided between the 50-bidder and the 40-bidder. For example, if the 50-bidder backs out, and the 40-bidder remains, the 50-bidder pays 10. But if both the 50-bidder and 40-bidder back out simultaneously, the 50-bidder is responsible for the difference between 50 and 30, and the 40-bidder for the difference between 40 and 30. This means the 50-bidder pays 15 (10 for his own backing out, plus 5 for the shared loss from 40 to 30), and the 40-bidder pays 5. The Mishnah's cases, where each bidder pays 10, are understood to refer to situations where bidders back out sequentially, one after the other, not simultaneously. If they back out one after another, each is responsible for the loss he directly caused at that moment. If they back out simultaneously, the loss is shared proportionally.

The Gemara further explores the principle of adding chomesh. The Mishnah's rule that chomesh is added to the original bid, not to an increased bid, is clarified. If the field's value has not been assessed by three experts, the chomesh is still added to the original bid. However, if the field has been assessed, then the chomesh is added to the higher, assessed price. This aligns with the view of Beit Shammai, who holds that chomesh is added to the higher bid, while Beit Hillel holds it is added to the lower bid. The Gemara concludes that Rav Chazda's ruling, which states that if there was an evaluation, one pays the higher price, aligns with Beit Shammai. However, the Gemara then suggests that the Mishnah's case might be one where no evaluation was made, and Beit Shammai is still stringent, requiring the higher price. Ultimately, the Gemara reverts to the understanding that in a case where the field was evaluated, everyone agrees that the chomesh is added to the higher price, which is what Rav Chazda was teaching.

The Gemara returns to the scenario where the owner bids 20, and another person bids 26. The owner's bid of 20, with chomesh, equals 25. The other person's bid of 26 is higher. The Mishnah states that if the owner wants to match, he must pay 31 and a dinar. The Gemara explains that this complex calculation arises from the owner's initial bid of 20, which with chomesh becomes 25. To match the 26-bidder and compensate Hekdesh for the additional principal, the owner must pay 25 plus the 6-unit difference (between 20 and 26), totaling 31. The "dinar" is added to account for a small initial advantage in the owner's first bid (e.g., 20 plus a peruta). This ensures that Hekdesh does not lose any potential gain. If the owner is unwilling to pay this amount, the field is sold to the other bidder.

The Gemara then contrasts this with the redemption of Ma'aser Sheni (second tithe). If someone wants to redeem Ma'aser Sheni produce, and another person bids a higher price, even if the owner would add a fifth to his redemption, the higher bid is accepted. This is because Hekdesh does not lose in this scenario; the money from Ma'aser Sheni is for the owner's benefit in Jerusalem. In the case of a consecrated field, however, Hekdesh must always benefit, so the chomesh is factored in to ensure the highest possible gain for the Temple treasury.