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Week 167 - Monday - 3 February 2003

ARAKHIN: CHAPTER 6: MISHNAH 4

If he had many of one kind and few of another kind, we do not tell him to sell of the many and buy some of the few, but we give him two of the kind of which he has many and all of which he has few. If one consecrates his property, they estimate his tefillin.

Kehati

The preceding mishnah taught that "if he (who owed a valuation) was a craftsman, they give him two of each kind of tools: a carpenter - they give him two axes and two saws." In this context our mishnah considers a craftsman who does not possess several of each tool, but more than two of one kind and only one of another.

If he - the craftsman from whom a pledge was being taken for the valuation he dedicated - had many of one kind - e.g., a carpenter had three axes - and few of another kind - e.g., one saw - we do not tell him to sell of the many - i.e., one of the axes - and buy some of the few - i.e., a saw, so that he may have two of each kind, as taught in the preceding mishnah, but we give him - we leave him - two of the kind of which he has many - i.e., two axes, and take one - and leave him all of which he has few - i.e., the one saw. Since he managed so far with one saw, he will continue to do so, and we do not buy him another. The Gemara explains that although up to now he could lend his spare axe for a saw and cannot do so now that the axe was taken away, our mishnah rules that he is left only with two axes and one saw, i.e., two tools of which he has many and all of which he has few.

If one consecrates all his property, they estimate the value of his tefillin and he pays the Temple the valued amount; since tefillin are included in his possessions, they must be redeemed from the Temple Treasury (concerning the phrase they estimate, lit. lift or raise for him, see Tosefot Yom Tov and Tiferet Yisrael).

ARAKHIN: CHAPTER 6: MISHNAH 5

Whether one consecrates his possessions or dedicates his valuation, it has no claim to his wife's clothing, or to his children's clothing, or to the dye with which he dyed it for them, or new shoes that he bought for them. Although they said that slaves are sold with their clothes to increase their value, since if a garment worth thirty dinars is bought for him his value increases by a maneh; so also a cow: if one waits until market-day its value increases; so also a pearl: if it is taken to the city its value increases - the Temple can claim only in its place and at its time.

Kehati

The preceding mishnah taught that "If one consecrates his property, they estimate his tefillin, i.e., these also belong to the Temple, as explained. Yet concerning valuations it is taught (mishnah 3 above) that he is left his tefillin. Our mishnah explains that the Temple Treasurer does not take these from either the one who consecrated his possessions or from one who dedicated a valuation.

Whether one consecrates his possessions or dedicates his valuation to the Temple, it - the Temple, or (Rashi; Rabbenu Gershom) ‘ein lo’ refers to the Temple Treasurer who has no claim to his wife's clothing, or to his children's clothing, since these are not his (the consecrator's or dedicator's), or to the dye with which he dyed it for them - for his wife or children, even before they wore it - or new shoes that he bought for them, although they had not yet worn them they belong to them from the time they were bought.

Although they said that slaves are sold with - clad in - their fine clothes to make them appear attractive and thus increase their value, since if a garment worth thirty dinars is bought for him his value increases by a maneh; so also a cow: if one waits with the sale until the cattle market-day, its value increases; so also a pearl: if it is taken to the city - where the demand is greater - its value increases; nevertheless the Temple can claim only the price it fetches in its place and at its time (Rambam) for fear that any delay might lead to a loss through depreciation or theft (see Rambam's Mishnah Commentary ad loc.).

Alternatively, if a poor man who dedicated his valuation has a pearl, the Treasurer may not postpone the collection by bidding him to take it to a big city and pay him the price it fetches there. Rather, it is estimated at the local value, and the poor man may wait and sell it as he prefers, and pay the local price, since he did not possess more when the priest estimated him (Rashi).

Tosafot associate our mishnah with the sale of movables which is not announced for fear of theft (this also applies to slaves, lest they escape). Accordingly, the rule (mishnah 1 of this chapter) that "the valuing of (property dedicated to) the Temple (must be announced during) sixty (consecutive) days," in the morning and in the evening is confined to landed property.

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