358. Not for Sale: The prohibition against selling cherim

If one makes a vow of cherim prohibiting some real or movable property, the property must be given to the kohanim on duty, as per the previous mitzvah. Our current mitzvah informs us that such property must not be sold instead. The owner may not sell it to a kohein or even to the Temple treasurer. It must be given to a kohein free of charge.

The reason for this mitzvah is that once the person declares a vow of cherim, the object in question is no longer his, so he can’t sell it. It rightfully belongs to a kohein, so the kohein cannot be charged for it.

This mitzvah only prohibits the one who vowed from selling the object instead of giving it to a kohein. From the time the owner declares a thing cherim, it is considered sanctified and is taboo. Once the kohein acquires it, the item reverts to a permitted status. Accordingly, the kohein may sell the object after he has received it.

This mitzvah is discussed in tractate Arachin on pages 28b-29a. It is codified in the Mishneh Torah in the sixth chapter of Hilchos Arachin and is #110 of the 365 negative mitzvos in the Rambam’s Sefer HaMitzvos.