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SHEKALIM: CHAPTER 2 : MISHNA 5

Kehati

The remainder of shekels is unconsecrated If one collected coins toward his shekel and found that he had collected more than the amount he needed, the remainder is unconsecrated, in accordance with the opinion of Bet Hillel (Mishnah Three above). The remainder of the tenth of an ephah One who collects money for the tenth part of an ephah of fine flour for a hatat as when he sinned by making a false oath or by entering the Temple while tameh (ritually impure) or ate sanctified meat when in a state of impurity, the Torah states (Lev. 5:11), But if he be not able to bring two turtledoves, or two young pigeons, then he that sinned shall bring for his offering the tenth part of an ephah of fine flour for a sin offering, and there was excess money after he bought the fine flour, the remainder of the bird offerings of a zavim, zavot and women after childbirth A pair of turtledoves or young pigeons that a zav (a man who has a seminal discharge see Lev. 15:14) or a zavah (a woman who has a flow at a time other than normal see Lev. 15:29) or a woman after childbirth (see Lev. 12:8) must bring after purifying himself or herself are called 'nest.' If one collected money to purchase the nest and there was a remainder, of sin offerings and of guilt offerings So, too, one who collected money to purchase a sin offering a hatat or guilt offering an asham, and money remained over after he purchased the animal, these remainders are a donative offering whatever money remained is given to the Temple for the purchase of donative burnt offerings to be sacrificed when the altar is idle.

This is the general rule: whatever has been designated for a sin offering and for a guilt offering money collected toward the purchase of a sacrifice as a sin or guilt offering, its remainder is a donative offering the money remaining is used to buy donative burnt offerings.

The remainder of a burnt offering is for a burnt offering One who sets aside funds to purchase a burnt offering and finds he has money remaining, must use it toward purchasing another burnt offering. The remainder of a meal offering is for a meal offering One who sets aside funds to purchase a meal offering and finds he has money remaining, must use it toward buying another meal offering. The remainder of a peace offering is for a peace offering One who sets aside funds to purchase a peace offering and finds he has money remaining, must use it toward buying another peace offering.

The remainder of a paschal sacrifice is for a peace offering If one has money remaining of the money he set aside for a (korban pesah), he brings a peace offering. In the Babylonian Talmud (Tractate Zevahim 9a), this is deduced from the verse (Deut. 16:2), You shall slaughter the korban pesah to the Lord your God of the flock and cattle and is the korban pesah offered from the cattle? Rather, the remainder is to used to purchase that which comes from the cattle, that being a peace offering. The remainder of nazirites to nazirites If money was collected toward the sacrifices of poor nazirites and money remained, the money is to be given for the sacrifices of other nazirites. The remainder of a nazirite is for a donative offering If a nazirite set aside coins to buy his sacrifices, any remaining money is used for donative burnt offerings. The remainder of the poor is for the poor If money was collected to feed and clothe the poor and money remained, it is put aside for other poor people. The remainder of a poor person is for that poor person If money was collected to feed and clothe a specific poor person and money remained, that money is given to that specific poor person.

The remainder of captives is for captives If money was collected to ransom captives, and after they had been ransomed money remained, the money is set aside to ransom other captives. The remainder of a captive is for that captive But if the money was collected for the ransom of a particular captive, whatever money remains is given to him. The remainder of money for the dead is for the dead If money was collected to bury those who had no relatives or to bury the poor and there was money left over after the burials, the remaining money is set aside to bury other dead people. The remainder of money for a dead person is for his heirs But if the money was collected for the burial of a particular person, any remaining money is give to his heirs.

R. Meir says, The remainder of money for the dead is set aside until Elijah comes and is not to be used. R. Natan says, with the remainder of money for a dead person one builds a monument for him on his grave The remaining money is used to put up a tombstone on the grave. In the Babylonian Talmud (Tractate Sanhedrin 48a) Rava explains the reason of the Tannaim who argue here in regard to money remaining after it had been collected to bury a specific person. The dead person is humiliated that money had to be collected to bury him. According to the first Tanna, the dead person would be willing to endure that humiliation for the sake of the children and therefore the remainder is given to his children. R. Meir is doubtful whether a dead person would be willing to suffer indignity for the benefit of his heirs and therefore the remaining money is put aside until Elijah the prophet comes. According to R. Natan, the deceased would certainly not be willing to suffer indignity for the benefit of his heirs, and consequently the remaining money should be used for a tombstone on his grave. The halakhah follows the first Tanna.

SHEKALIM: CHAPTER 3 : MISHNA 1

Kehati

Half a month before Pesah The Jerusalem Talmud here and the Babylonian Talmud in Tractate Bekhorot 58a explain that this is fifteen days before Pesah because the Hebrew word pros means half, referring to half the time devoted to inquiring and expounding the laws of Pesah as stated in a baraita: One inquires about and expounds on the laws of Pesah thirty days before the festival, and the same applies to the other festivals. B:

Half a month before atzeret Fifteen days before Shavuot. C: Half a month before the hag Fifteen days before Sukkot, namely on the last day of Elul (see Tosafot Yom Tov). The commentators explain that they would not collect all the shekels at one time, as those who lived far away had not yet brought their shekels. And these are the gathering times for the animal tithe these three periods are also the gathering times for tithing animals during which one was required to tithe those animals born since the previous season. And it is forbidden to eat or to sell them before tithing. The word granot, gathering is borrowed from the same term applied to produce, for in regard to produce, the gathering of the produce into a granary or storehouse determines the obligation to tithe after which one is forbidden to eat it until the tithe has been set aside. Our Sages also decreed that for those animals born during a year, the above three seasons should determine when the tithing is to take place, and that once this time has arrived one is not permitted to sell or slaughter the animals until after tithing;

The words of R. Akiva The Talmud states that these three seasons correspond to the three times during the year that animals give birth. There are animals that give birth only at the onset of winter and others later during the period between Pesah and Shavuot and yet others during the summer. Others hold that the Sages chose these three seasons so that animals will be readily available for pilgrims. While it is permitted to eat or slaughter these animals before the seasons arrive (as explained in Mishnah Bekhorot 9:6), they would nevertheless refrain from selling or slaughtering such animals until tithed, for a person is gratified that a mitzvah be performed with his possessions where there is only a slight financial loss. And here, all that one sacrifices is its helev fat and its blood, and he can eat the rest. Thus, had there not been a decree to tithe during these three seasons, many would refrain from selling because they had not yet tithed them, and there would be a shortage of animals available for the pilgrims.

Ben Azzai says The three seasons for tithing animals are as follows: A: On the twenty-ninth of Adar; -- Ben Azzai also agrees that the time is fifteen days before Pesah, but according to R. Akiva the month of Adar preceding Nisan (in leap years there are two Adars) may either be 29 or 30 days, so that fifteen days before Pesah will either be the twenty-ninth or the thirtieth of Adar; as a result, R. Akiva did not specify a definite date. Ben Azzai, though, holds that the month of Adar preceding Nisan is always 29 days, so that fifteen days before Pesah is always on the twenty-ninth of Adar; B: And on the first of Sivan The Babylonian Talmud (Tractate Bekhorot 58a) explains that the reason is that only a small number of animals are born between Pesah and Shavuot, a period of seven weeks, if they would tithe fifteen days before Shavuot, many animals will be eaten in the fifteen days until Shavuot, and there will be a shortage of animals available for pilgrims. As a result, the date was set for the first day of Sivan, namely five days before Shavuot; C: And on the twenty-ninth of Av For Ben Azzai holds that animals which were born in the month of Elul are tithed by themselves (as explained in the Mishnah, Bekhorot 9:5).

R. Eleazar and R. Shimon say The three times for animal tithes are: A: On the first of Nisan For they hold like R. Shimon b. Gamliel, that one inquires about and expounds on the laws of the festival two weeks before the festival, and the time for animal tithing was set for the same day, as it, too, is part of the laws of Pesah, namely that one should make the pilgrimage for the festival, and bring his tithed animals with him. B: On the first of Sivan They agree here with Ben Azzai, whose view was explained above. C: And on the twenty-ninth of Elul For reasons which the mishnah will explain below.

Why did they R. Eleazar and R. Shimon, say the twenty-ninth of Elul, and not the first of Tishrei just as they said the first of Nisan? Because it is yom tov Rosh Hashanah, And one may not tithe on yom tov The Babylonian Talmud (Tractate Bekhorot 58a) explains that there are two answers here: A: That the first day of Tishrei is the new year for animal tithing (Mishnah Rosh Hashanah 1:1), and one must differentiate between the old year and the new year. B: Because the first of Tishrei is yom tov, and one is not permitted to tithe on yom tov, as tithing animals involves dyeing every tenth animal, and dyeing is forbidden on yom tov; therefore they advanced it to the twenty-ninth of Elul They advanced the tithing date of those born in the summer to the twenty-ninth of Elul.

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