Sanhedrin - Daf 15
- "ערכין המטלטלין": Three interpretations
The Mishnah taught that ערכין המטלטלין – arachin which are movable items are appraised by three judges. The Gemara asks that fixed ערכין only apply to people, and three interpretations are given: (1) Rav explains that someone said: ערך כלי זה עלי – the “erech” of this utensil is upon me to give to hekdesh. Rav rules he must give its market value, because אדם יודע שאין ערך לכלי – a person knows that there is no erech-value for utensils, וגמר ואמר לשום דמים – so we assume he decided to pledge its appraised value, since otherwise his pledge is meaningless. (2) Avimi says the case is במתפיס מטלטלין לערכין – about someone who designated מטלטלין as payment for ordinary arachin pledges which he had previously undertaken. (3) Rebbe Abahu explains that someone said, "ערכי עלי" – my erech value is upon me, and his assets are being collected as payment. If his מטלטלין are collected, they are appraised by three people. Ravina was asked why an accurate appraisal is critical in this final interpretation, which is bringing in an item to hekdesh!? He replied: סברא הוא מה לי עיולי מה לי אפוקי – it is logical; what is the difference between bringing something into hekdesh and removing it (i.e., redeeming)? Just as redeeming requires three judges to prevent a mistaken loss to hekdesh, bringing items into hekdesh (to pay a debt) requires an accurate appraisal to avoid errors.
- A person requiring appraisal for hekdesh, and hair which is ready to be cut
The Mishnah taught that אדם – a person requires ten people to be appraised for hekdesh. Since a person cannot become hekdesh, Rebbe Abahu explains it refers to one who said, "דמי עלי" – my value is upon me. A Baraisa teaches that the person is appraised like a slave being sold in the market, and since slaves are compared with a hekesh to land, ten appraisers are required. Rebbe Avin asked: שער העומד ליגזוז בכמה – how many people are required to appraise hair ready to be cut, which was pledged to hekdesh? The Gemara answers that this question is the subject of a machlokes Tannaim about someone who was makdish his slave. There is no me’ilah liability for using the slave (since slaves are compared to קרקע), but Tannaim argue if there is me’ilah for using his hair (which is ready to be cut). The Gemara distinguishes between this machlokes and another, regarding swearing about ענבים העומדות ליבצר – grapes which are ready to be harvested, where Rebbe Meir holds: כבצורות דמיין – they are considered already harvested, and subject to swearing, and the Chochomim disagree. Rebbe Meir may consider only grapes detached, because the longer they remain attached, the more they deteriorate.
- If lions, wolves, etc. are only killed acc. to Rebbe Eliezer if they killed someone first
In the Mishnah, the Tanna Kamma said that lions, wolves, and other dangerous animals also require twenty-three judges to put them to death for killing someone. Rebbe Eliezer says: כל הקודם להורגן זכה – whoever is first to kill them merits, and no judges are required. Reish Lakish clarifies: והוא שהמיתו – this applies only if they actually killed someone, but Rebbe Eliezer agrees they are not killed if they never killed a person. He holds: יש להן תרבות ויש להן בעלים – [these animals] can be tamed and do have owners. Rebbe Yochanan holds they can be killed outright even if they never killed anyone, because he holds they cannot be tamed and have no owners. According to Rebbe Yochanan, Rebbe Eliezer means that whoever kills them first “merits,” i.e. acquires their hides, since they are ownerless. But according to Reish Lakish, since they must have killed someone, and the Rabbis consider it כמאן דגמר דינייהו – as if [Beis Din] sentenced them to death, then they are forbidden in benefit!? The Gemara explains that Rebbe Eliezer means: זכה לשמים – he merits Heavenly [reward]. A Baraisa supports Reish Lakish’s view.
