Si l'on proscrit son fils ou sa fille, ou son esclave hébreu ou sa femme esclave, ou son champ [acquis par achat], ils ne sont pas considérés [valablement] proscrits, car on ne peut proscrire quelque chose qui ne lui appartient pas. Les prêtres et les lévites ne peuvent pas proscrire [leurs biens] - [ce sont] les paroles de Rabbi Juda; Rabbi Shimon dit: les prêtres ne peuvent pas proscrire, parce que les choses proscrites leur appartiennent, mais les Lévites peuvent proscrire, parce que les choses interdites ne leur appartiennent pas. Rabbi dit: les paroles de Rabbi Judah semblent acceptables dans les cas de biens immobiliers comme il est dit: «Car c'est leur possession perpétuelle» (Lévitique 25:34) et les paroles de Rabbi Shimon semblent acceptables dans les cas de biens meubles, car les choses interdites ne leur incombent pas.
Bartenura on Mishnah Arakhin
שאין אדם מחרים דבר שאינו שלו – for his daughter, assuming that he can sell her while she is a minor, he is not able to sell her when she is a young woman.
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English Explanation of Mishnah Arakhin
If one proscribes his son or his daughter, or his Hebrew slave or female slave, or the field which he acquired by purchase, they are not considered [validly] proscribed, for one can proscribe something that does not belong to him. One can proscribe only things that belong to him as permanent possessions. This is stated quite clearly in Leviticus 27:28, “But of all that anyone owns, be it man or beast or land of his holding.” Thus one cannot proscribe his children, his Hebrew slaves (whom he does not own) or land which he acquired through purchase. Such land will revert to its original owners when the Jubilee year comes, so it doesn’t really belong to its current owner.
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Bartenura on Mishnah Arakhin
שהחרמים שלהם – as it is written (Numbers 18:14): “ Everything that has been proscribed in Israel shall be yours (see Leviticus 27:28 as well),” and since it is his (i.e., the Kohen’s) what benefit would there with this if he would devote it to priestly or sacred use, he himself has possession of it and he does not give it to another Kohen.
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English Explanation of Mishnah Arakhin
Priests and Levites cannot proscribe [their belongings], the words of Rabbi Judah. Rabbi Shimon says: the priests cannot proscribe, because things proscribed belong to them. But Levites can proscribe, because things proscribed do not belong to them. As we stated in the introduction, when someone proscribes (he uses the language, herem) his property, he is giving it to the priests. Therefore, if priests proscribe their property, nothing happens to it. According to Rabbi Judah, Levites too cannot proscribe their property. Rabbi Shimon holds that while priests cannot proscribe, Levites can, because the property they proscribe does not become theirs, but rather the priets.
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Bartenura on Mishnah Arakhin
נראין דברי ר' יהודה (it appears that the opinion of Rabbi Yehuda is correct) – this is what he said: the words of Rabbi Yehuda appear correct to Rabbi Shimon, for Rabbi Shimon agrees with Rabbi Yehuda and holds like him regarding land/real estate. But Rabbi Shimon did not speak other than about movables, because the Levites do not have things that are devoted to priestly or sacred use. But Rabbi Yehuda holds that an analogy was made between movable things to an ancestral field, as it is written (Leviticus 27:28): “but of all that anyone owns, be it man or beast of land of his holding,” just as ancestral land the Levities do not devote to the Kohen or to sacred use, as it is written (Leviticus 25:34): “[But the unenclosed land about their cities cannot be sold,] for that is their holding for all time,” even movable properties, the Levities cannot devote to priestly or sacred use. But Rabbi Shimon does not make this analogy and since Rabbi [Judah the Prince] goes down to explain the matter of Rabbi Shimon in what he agrees with Rabbi Yehuda and in what he disputes him. We learn from it the Halakha is according to Rabbi Shimon.
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English Explanation of Mishnah Arakhin
Rabbi says: the words of Rabbi Judah seem acceptable in cases of immovable property as it is said: “For that is their perpetual possession,” (Leviticus 25:34) and the words of Rabbi Shimon seem acceptable in cases of movable property, since things proscribed do not fall to them. Rabbi [Judah Hanasi] functions in this mishnah as a halakhic decisor in the debate between Rabbi Judah and Rabbi Shimon concerning whether Levites can proscribe their property. Rabbi agrees that when it comes to immovable property, i.e. land, a Levite cannot proscribe his property. This is because states that the land that the Levites own is their “perpetual possession.” If they were allowed to proscribe their land, they could lose it. Therefore, they cannot proscribe any of their land. However, when it comes to movable property (animals, possessions, etc.) they can proscribe it, as Rabbi Shimon stated. This is because they don’t have the complication that priests have that the proscribed property would become theirs.
