Commentaire sur Arakhin 1:3
הַגּוֹסֵס, וְהַיּוֹצֵא לֵהָרֵג, לֹא נִדָּר וְלֹא נֶעֱרָךְ. רַבִּי חֲנִינָא בֶּן עֲקַבְיָא אוֹמֵר, נֶעֱרָךְ, מִפְּנֵי שֶׁדָּמָיו קְצוּבִין, אֲבָל אֵינוֹ נִדָּר, מִפְּנֵי שֶׁאֵין דָּמָיו קְצוּבִין. רַבִּי יוֹסֵי אוֹמֵר, נוֹדֵר וּמַעֲרִיךְ וּמַקְדִּישׁ. וְאִם הִזִּיק, חַיָּב בַּתַּשְׁלוּמִין:
Une personne sur le point de mourir ou sur le point d'être mise à mort ne peut se voir vouer sa valeur, ni être évaluée. Rabbi Chanina ben 'Akavia dit: On peut être évalué parce que sa valeur est fixe, mais on ne peut pas promettre sa valeur parce que sa valeur n'est pas fixe. Rabbi Yose dit: il peut vœu, évaluer et consacrer [au sanctuaire], et s'il a causé des dommages, il est obligé de faire la restitution.
Bartenura on Mishnah Arakhin
הגוסס – is not subject to the vow [of payment of their worth to another], for he stands to be dead.
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English Explanation of Mishnah Arakhin
Introduction
In today’s mishnah three sages debate whether a person who is about to die can have his worth or value dedicated to the Temple.
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Bartenura on Mishnah Arakhin
ולא נערך – as it is written (Leviticus 27:8): “he shall be presented…and [the priest] shall assess him,” but this one (i.e., the person at the point of death) is presentable nor assessable.
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English Explanation of Mishnah Arakhin
One at the point of death or about to be put to death cannot have his worth vowed, nor be evaluated. A person about to die, either naturally or by being executed, has no worth. Therefore, another person cannot dedicate the dying person’s monetary worth or his value to the Temple. The first opinion in the mishnah makes no distinction between the amount set by the Torah (value) and the amount estimated by his value in the marketplace (his worth).
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Bartenura on Mishnah Arakhin
והיוצא ליהרג – that the proceedings [of his trial] are finished (i.e., the sentence has been pronounced) in an Israelite court. But if he goes to be killed at the hands of the [heathen] kingdom, it does not matter whether it is a kingdom of Israelites or a kingdom of heathens, everyone holds that he pledges the Valuation [of others] and he is subject to the Valuation [by others].
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English Explanation of Mishnah Arakhin
Rabbi Hanina ben Akavia says: he can be evaluated because his value is fixed, but his worth cannot be vowed because his worth is not fixed. Rabbi Hanina ben Akavia does make a distinction between the two. A person’s “value” is set by the Torah and it doesn’t matter whether he is about to die or is alive. Therefore, if someone says, “So and so’s value is upon me,” he is liable to make that payment. However, his monetary worth cannot be vowed through a statement such as, “So and so’s monetary worth is upon me.” This is because there is no fixed “worth” to a human being, and since this human being is about to die, his life has no worth.
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Bartenura on Mishnah Arakhin
לא נידר – that he is not worth anything [monetarily].
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English Explanation of Mishnah Arakhin
Rabbi Yose says: he may vow, evaluate, and consecrate [to the sanctuary], and if he caused damage, he is obliged to make restitution. Rabbi Yose adds that when it comes to the dying person vowing to give someone’s worth or value to the Temple or consecrating an object to the Temple, he has the same ability as everyone else does. Since he will be dead before he pays off these debts, the money will have to be taken out of his estate. Similarly, if he damages another’s property, his inheritors will have to pay out the restitution.
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Bartenura on Mishnah Arakhin
ולא נערך – as it is written (Leviticus 27:29): “No human being who has been proscribed can be ransomed; [he shall be put to death].”But Rabbi Haninah ben Akaviah who stated that he is subject to the Valuation [of others], maintains this Biblical verse (Leviticus 27:29): “No human being who has been proscribed” for a different exposition.
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Bartenura on Mishnah Arakhin
ר' יוסי אומר כו' – Rabbi Yossi and the first Tanna/teacher do not disagree regarding a person who takes a vow and makes an assessment and who sanctifies. But they disagree if it caused damaged. The first Tanna/teacher holds, if it caused damage, it is exempt from payment/indemnity. For even if the one who causes damage is liable for indemnity/payment from the Torah, a loan that is written about in the Torah is not equivalent to something written in a document, but it is an oral loan. And an oral loan does not collect from the heirs. But Rabbi Yossi holds, that the loan that is written in the Torah is equivalent to a loan written in a document and he collects from the heirs. But the Halakha is according to the first Tanna/teacher. But after they have established that an oral loan collects from the heir, the Jewish court collects his money and they pay for what he has damaged.
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