בֵּית שַׁמַּאי אוֹמְרִים, הֶקְדֵּשׁ טָעוּת הֶקְדֵּשׁ. וּבֵית הִלֵּל אוֹמְרִים, אֵינוֹ הֶקְדֵּשׁ. כֵּיצַד. אָמַר, שׁוֹר שָׁחוֹר שֶׁיֵּצֵא מִבֵּיתִי רִאשׁוֹן הֲרֵי הוּא הֶקְדֵּשׁ, וְיָצָא לָבָן, בֵּית שַׁמַּאי אוֹמְרִים הֶקְדֵּשׁ, וּבֵית הִלֵּל אוֹמְרִים אֵינוֹ הֶקְדֵּשׁ:
Beth Shammai say: Hekdesh (consecration) in error is hekdesh, [deriving it from temurah (a substitute), which is hekdesh even in error, it being written (Leviticus 27:10): "And it (the offering) and its substitute shall be holy," "shall be" being expounded to include unwitting substitution along with witting substitution.] And Beth Hillel say: It is not hekdesh. [For we do not derive the beginning of hekdesh — something that does not come from the "power" of hekdesh — from something which comes from the power of hekdesh — from temurah, which is the end of hekdesh, coming from the power of a different thing which was already hekdesh.] How so? If he said: "Let the black ox that leaves my house first be hekdesh," and a white one came out. Beth Shammai say that it is hekdesh, and Beth Hillel say that it is not hekdesh.
Jerusalem Talmud Shekalim
HALAKHAH: “If somebody collects coins,” etc. Rebbi Yose in the name of Rebbi Eleazar, where do they disagree? If he collects small change. But if he says, these [are for my sheqel ], everybody agrees that the excess is gift. Rebbi Ḥizqiah, Rebbi Bevai in the name of Rebbi Eleazar, where do they disagree? If he collects small change. But if he says, these, everybody agrees that the excess is profane. Rebbi Ḥizqiah said, a Mishnah supports Rebbi Bevai, [as we have stated]: “Rebbi Simeon says, what is the difference between sheqalim and purification offerings? It is that sheqalim are a fixed sum but purification offerings have no fixed price.” Where do we hold? If about one who says, “that I shall bring my sheqel from these,” everybody agrees that the excess is profane. If about one who says, “that I shall bring my purification offering from these,” everybody agrees that the excess is gift. But we must deal with the case of one who says “these sheqalim”, since from the Torah they are a fixed amount the excess is profane, “purification offerings”, since their value is not a fixed amount from the Torah the excess is gift. How does Rebbi Simeon ben Laqish treat this? He explains it, if he collects small change following the House of Hillel. But did we not state, “the excess of sheqalim is profane”? He explains it, if he collects small change following the House of Hillel. But did we not state, “the excess of the tenth of an ephah” [is profane]? Still he explains it if he collects small change following the House of Hillel.
Ask RabbiBookmarkShareCopy