Torah Community Connections

Week 27 - Friday - 2 June 2000

SHEKALIM: CHAPTER 7 : MISHNA 1

Money which was found between shekels and donative offerings - nearer to shekels they fall to shekels, to donative offerings they fall to donative offerings, halfway they fall to donative offerings. Between wood and frankinsence - nearer to wood they fall to wood, to frankincense they fall to frankinsence, halfway they fall to frankinsence. Between nests and young birds for burnt offerings - nearer to nests they fall to nests, to young birds for burnt offerings they fall to young birds for burnt offerings, halfway they fall to young birds for burnt offerings. Between non-consecrated and second tithe - nearer to non-consecrated they fall to non-consecrated, to second tithe they fall to second tithe, halfway they fall to second tithe. This is the general rule: the decision is according to the proximity for leniency. Halfway the decision is according to stringency.

Kehati

This mishnah deals with money found in the Temple courtyard between two chests.

Money which was found between shekels and donative offerings - Between the shekel chest and the donative offering chest, nearer to shekels - If the money was closer to the shekel chest, they fall to shekels - It should be place in the shekel chest, to donative offerings - and if the money was nearer to the donative offerings chest, they fall to donative offerings - Because we follow the nearest source, as stated in the laws of eglah arufah, where, when a person was found murdered between two cities, the elders of the nearest city had to bring a calf and break its neck (see Deut. 21); Halfway - If the money is found halfway between the two chests, they fall to donative offering - One acts more stringently and money for donative offerings has a more stringent law than the shekels because it can only be used for burnt offerings, while the shekels can be used for communal sin offerings as well, such as the musaf goats of the festivals, whose meat is eaten by the kohanim. Furthermore, surplus money of the shekel chest is used for the city maintenance (as we saw above, Mishnah 4:1-2).

Between wood and frankinsence - If the money was found between the wood chest and the frankinsence chest, nearer to wood they fall to wood, to frankinsence they fall to frankinsence, - The reason is as we mentioned above, that we follow the nearest source. Halfway - If it was found halfway between them, They fall to frankinsence - Because frankinsence is more stringent than wood, as it itself is a sacrifice, while wood is only a means to a sacrifice.

Between nest offerings and young birds for burnt offerings - If the money was found between the nest chest and the young birds for burnt offerings chest, nearer to nest offerings they fall to nest offerings, to young birds for burnt offerings they fall to young birds for burnt offerings - As explained above, Halfway they fall to young birds for burnt offerings - Because money in the young birds chest is all for burnt offerings, while the other chest for birds is used for buying pairs of birds, one for a sin offering and the other for a burnt offering, following the views of the Sages above (Mishnah 6:5). The Jerusalem Talmud asks: If indeed the money that fell was money needed for an obligatory sacrifice, and if it is used for pigeons for a burnt offering, how will the woman who was supposed to bring two pigeons or young doves - one for a sin offering and one for a burnt offering - receive atonement? The Talmud answers: the bet din in charge of the bird pairs takes an equal amount of money from public funds and deeds it to the loser of the money, and then a sin offering is sacrificed out of doubt, and this sacrifice may not be eaten.

Between non-consecrated and second tithe - If one has two separate chests in his house, one for non-consecrated (i.e. everyday) money and one for money with which he redeemed his second tithe in order to take it to Jerusalem and use it to buy food to be eaten in that city, and money was found between these two chests, nearer to non-consecrated they fall to non-consecrated - They are considered to be non-consecrated, while if they were found near to second tithe they fall to second tithe - For reasons given above, Halfway - If it was found exactly in the middle, They fall to second tithe - And must be brought to Jerusalem.

This is the general rule: the decision is according to the proximity for leniency - Even if it means being more lenient. Halfway the decision is according to stringency - Where it is impossible to determine to which of the two it was nearer, one follows the more stringent position.

SHEKALIM: CHAPTER 7 : MISHNA 2

Money that was found before cattle dealers - is always tithe. On the Temple Mount - it is unconsecrated. In Jerusalem during the festival - it is tithe. But at other times of the year - it is non-consecrated.

Money that was found before cattle dealers - in the cattle dealers market in Jerusalem, is always tithe - Is always considered to be second tithe money, and not only at festival time but throughout the year, because pilgrims who bring their second tithe money with them do not manage to spend it all during the festivals, and they give the remaining money to their relatives or friends in Jerusalem, so that the latter can purchase animals for peace offerings, for the main objective of the second tithe money is to use it to buy peace offerings.

It thus follows that most animals bought in Jerusalem, even during the whole year round are purchased with second tithe money, and thus if money is found near the cattle dealers, it is assumed to be second tithe money that was lost by the buyers, and one does not assume that it fell from the dealers and the money had been redeemed, because there are more buyers than sellers, and one follows the majority.

Kehati

On the Temple Mount - If money was found on the Temple Mount, It is unconsecrated - And even during the festival, where most of the money circulating is that of the second tithe, nevertheless one follows the majority of the year, when most money is non-consecrated, and we assume that it was lost before the festival (Korban Ha'eidah; Bartenura); and we are not afraid that it was from withdrawal funds of the chamber having been lost by the treasurer of the Temple, for the assumption is that the treasurer will never take money out of withdrawal funds of the chamber unless he has redeemed it first for animals he has purchased for sacrifices; therefore any money that he lost is already non-consecrated (Jerusalem Talmud; Rambam Hil. Shekalim 3:15).

In Jerusalem - Money found in Jerusalem, not in the proximity of the cattle dealers, During the festival - If found during the festival, it is tithe - It is considered the second tithe, because there are many pilgrims in Jerusalem, and most of the money in their possession is second tithe money, and it probably fell from them. And one does not take into account the rest of the year here, because the Jerusalem markets were swept out daily, and had the money fallen before the festival, it would have been found already; the Temple Mount, though, was not swept, for, as it was high up, the wind would sweep up the dust there. Furthermore, it was forbidden to enter the Temple Mount with the dust on one's feet, therefore there was very little dust there;

But at other times of the year - And if money was found in Jerusalem during the rest of the year, it is non-consecrated - as one follows the majority.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives