Siman - Shekalim Daf 3
- Marking the graves
The Mishnah lists several activities that are done on the fifteenth of Adar, among them is ומציינין את הקברות – they mark the graves. The Tiklin Chaditin explains that since some markers may have been washed away due to winter rains, it was necessary to inspect the graves and replace missing markers, so that Kohanim would know to distance themselves from the graves.
The Gemara asks what the source is that marking graves is required, and answers that it was stated in the name of many Amoraim that the source comes from the parshah regarding the metzorah. The passuk states, וטמא טמא יקרא – and he shall call out, “Contaminated, contaminated!” Why does the Torah require this? כדי שתהא הטומאה קוראה לך בפיה – So that the tumah calls out to you, the passerby, with its mouth, ואומרת לך פרוש – and says to you “Keep away!” The Tiklin Chaditin explains that by the same token, graves must be marked so that people will know to avoid them. The Gemara brings an additional allusion to marking graves.
- הפקר בית דין הפקר
In the next Mishnah, Rebbe Yehudah explains what the inspectors would do when they found kilayim in the fields on the fifteenth of Adar. After failing to dissuade the transgressors in their first two attempts, התקינו שיהו מפקירין כל השדה כולה – The Rabbanon instituted that the inspectors should be mafkir the entire field, (meaning, to declare it ownerless).
The Gemara asks, מניין שהקפר בית דין הפקר – What is the source that what is declared ownerless by beis din is ownerless? It is written in Sefer Ezra, וכל אשר לא יבוא לשלשת הימים כעצת השרים והזקנים – And whoever does not come within three days, as proposed by the princes and the elders, יחרם כל רכושו והוא יבדל מקהל הגולה – all his property shall be confiscated, and he shall be separated from the congregation of the exile. The Gemara continues with seeking the source that the produce that beis din is mafkir, is identical to when an owner declares his produce hefker and is also exempt from maasros.
- Are Kohanim chayav to give a machtzis hashekel?
In the next Mishnah, Rebbe Yehudah says that ben Buchri testified in Yavneh that a Kohen is not sinning if he gives the machtzis hashekel, whereas Rebbe Yochanan ben Zakkai says it is not so. Rather, any Kohen that does not pay, sins. The Gemara brings the source for the rulings. It is written in the Torah concerning the machtzis hashekel, כל העבר על הפקדים – Everyone who passes through the census…. Rebbe Yehudah and Rebbe Nechemyah interpret this passuk differently. One said, כל דעבר בימא יתן – Everyone who passed through the yam suf, shall give. According to this opinion, Kohanim and Leviim are chayav to give, since they passed through the sea, which supports Rebbe Yochanan ben Zakkai. The other one said, כל דעבר על פיקודייא יתן – Everyone who passed through the census, shall give. The Tiklin Chaditin explains that this exempts Kohanim and Leviim, since they did not pass through the census in Moshe’s presence as all other Jews did. Rather, Moshe went to the doors of their tents and counted them there. This supports Ben Buchri who holds that Kohanim are not obligated to give.
