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Laws of Shekalim Chapter 4 (Auto Translated)

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Summary of Hilchos Shekalim Chapter 4 — Rambam

General Overview of Chapter 4

The final chapter of Hilchos Shekalim deals with the financial details of the Beis HaMikdash — from which fund money is taken for which purposes. There is a three-tiered structure:

1. Terumas HaLishka — the main machatzis hashekel money, for korbanos tzibur and main expenses of the Beis HaMikdash.

2. Sheyarei HaLishka — what remains after having already separated terumas halishka three times.

3. Kodshei Bedek HaBayis — for the building and physical structure of the Beis HaMikdash, which cannot come from terumas halishka.

The fundamental principle is that korbanos tzibur must come from Klal Yisrael’s money — therefore every Jew gives machatzis hashekel, even a “weak Jew.” The verse “al tifen el minchasam” (Parshas Korach) — Moshe Rabbeinu’s prayer that Korach’s portion in the korban tzibur should not be accepted — was a special prayer; generally, every Jew has a portion in korbanos tzibur through his machatzis hashekel.

Halacha 1 — Terumas HaLishka Mah Osin Bah

The Rambam: “Terumas halishka mah osin bah? Lokachin mimenu temidim shel kol yom, vehamusphin, vechol korbanos hatzibur, veniskeihem, vehamelach shemolchin bo kol hakorbanos, vehaeitzim… vehaktores, uschar oseh [ktores], uschar osei lechem hapanim, vehaomer, ushtei halechem, useir hamishtaleiach, velashon shel zehoris shekoshrim lo bein karnav — kol eilu ba’in miterumas halishka.”

Translation: From terumas halishka one purchases: korban tamid (morning and afternoon), musafim (Shabbos, Rosh Chodesh, Yom Tov), all korbanos tzibur, nesachim, salt, wood (if there are no voluntary donors), ketores, wages of the makers of ketores and lechem hapanim, omer, shtei halechem, seir hamishtaleiach, and lashon shel zehoris.

Chiddushim and Explanations:

Eitzim: Certain families had the privilege to bring korban ha’eitzim (voluntarily). But im lo hevi’u eitzim velo matzu ela bedamim — when one must purchase wood — it comes from terumas halishka.

Schar oseh ketores ulechem hapanim: Why does it specifically state by ketores and lechem hapanim “schar oseh” (wages for the maker)? Because these are professional tasks that require special expertise, unlike an animal that one simply purchases from a merchant. The kohanim themselves didn’t necessarily know how to make ketores or lechem hapanim. The distinction: With animals one purchases a product; with ketores and lechem hapanim one pays a wage (schar) for a worker who sits in the Beis HaMikdash. Kohanim are not paid for their service — they receive matanos kehunah, but not a salary.

Seir hamishtaleiach: The seir hamishtaleiach is not a korban (it is not offered on the mizbe’ach), yet it comes from terumas halishka.

Lashon shel zehoris: Zehoris (red dye) can be expensive (comparable to techeiles which was once very expensive). But the main reason it is listed is not because of expense — the Mishnah lists every item so one should know the halacha of each detail.

Halacha Regarding Par He’elem Davar Shel Tzibur

The Rambam: Par he’elem davar shel tzibur, use’irei avodah zarah — batchilah govin lahem ve’eino ba’ah miterumas halishka.

Translation: When Klal Yisrael sinned through an error of Beis Din (Horayos), or inadvertently worshiped avodah zarah — one makes a special collection from Jews, and does not take it from terumas halishka.

Chiddushim and Explanations:

Why not from terumas halishka? Three explanations:

1. Or Sameach (R’ Meir Simcha): The par he’elem davar is not a korban tzibur in the technical sense — it is like a “large korban yachid” with many partners. A korban tzibur is only those korbanos that must always be brought (fixed), not korbanos that come for a specific reason (sin).

2. Rashi: When they were makdish the machatzis hashekel, they did not plan to sin — therefore the hekdesh was not “al daas zeh.” Even after they sinned, they didn’t know it was a sin (because it was b’shogeg), so they didn’t have in mind to cover this korban.

3. A third explanation is hinted at but not elaborated.

Practically: One goes around in all cities and asks Jews to donate.

Halacha Regarding Paroches — Building or Tzorchei Beis HaMikdash?

The Rambam: Paroches shel heichal — tachas binyan asuyah… paroches shel she’arim — miterumas halishka.

Translation: The paroches that hangs in the heichal (between heichal and Kodesh Hakodashim) is considered part of the building (bedek habayis) and comes from kodshei bedek habayis. The paroches at the gates of the azarah come from terumas halishka.

Chiddushim and Explanations:

The principle: Everything that is for korbanos or tzorchei Beis HaMikdash can come from terumas halishka. But the building (bedek habayis) cannot come from terumas halishka — therefore there is a separate fund.

The distinction between the two paroches: Paroches shel heichal is bimkom binyan — in Bayis Rishon there was an actual door between heichal and Kodesh Hakodashim (as explicit in the verse), and in Bayis Sheini instead of this they made two paroches through which the Kohen Gadol passes. Thus the paroches is a substitute for a stone wall/door, and is part of the building. Therefore it comes from kodshei bedek habayis.

Paroches shel she’arim is not bimkom binyan — it is made for tznius (privacy of the kohanim) or kavod habayis, not as a structural part of the building. Therefore it comes from terumas halishka, because it is part of the tzorchei avodah/convenience.

Maintenance costs: We’re not only talking about when building the Mikdash (then Shlomo HaMelech specially collected), but also when one must repair or replace — paroches shel heichal would be made new for beauty, and this comes from kodshei bedek habayis.

[Digression: Ashkenazim vs. Sephardim by paroches] — By Ashkenazim the aron kodesh’s door is simple, with a beautiful paroches; by Sephardim the door itself is beautiful, without a paroches. This is an example of the distinction: if the door is weak and the paroches is bimkom binyan — it is binyan; if one already has a beautiful door, the paroches is only for beauty.

[Digression: Building fund]: From this principle stems the custom that institutions ask for extra money for “keren habinyan” — the building fund is a separate thing that cannot be taken from other tzedakah money.

Halacha Regarding Menorah and Klei Shares — Mosar HaNesachim

The Rambam: Hamenorah uchlei shares — mitzvasan sheyavo’u mimosar hanesachim. Ve’im lo hayah lahem mosar nesachim — yavo’u miterumas halishka.

Translation: Klei shares (menorah, etc.) should ideally come from mosar hanesachim (leftover money from the nesachim fund). If not enough — from terumas halishka.

Chiddushim and Explanations:

What is “mosar hanesachim”? When a person brings a korban, he puts money into a special fund for nesachim. If money remains (because the nesachim didn’t cost that much), this is “mosar hanesachim.” This is not the nesachim from korbanos tzibur (which come from terumas halishka), but extra money from individuals’ nesachim payments.

Why does one need new klei shares? Menorah and other vessels need maintenance — repair, cleaning, replacement. There were extra sets of vessels in the Mikdash, so that when cleaning one, one uses the other.

Lechatchilah vs. bedieved: Mosar nesachim is the lechatchilah source, but it’s not me’akev — if not available, one takes terumas halishka.

Halacha Regarding Bigdei Kehunah

The Rambam: Bigdei kehunah, bein bigdei kohen gadol bein she’ar bigdei kol hakohanim — hakol miterumas halishka.

Translation: All kehunah garments come from terumas halishka.

Chiddushim: In Maseches Yoma it states “zeh mishel atzmo vezeh mishel tzibur” — the tzibur gave a basic amount, and if the Kohen Gadol wanted to add better quality, he could add from his own.

Halacha Regarding Behemos Found in Yerushalayim

The Rambam: Kol habehemos hanimtza’os biYerushalayim or near it — harei eilu bechezkas olah. Niskeihem ba’im miterumas halishka.

Translation: A found animal in Yerushalayim — safek shelamim, safek olah — one brings it as an olah (lechumra), and the nesachim come from terumas halishka.

Chiddushim: This parallels the principle that with doubtful money one goes lechumra. The nesachim come from terumas halishka because this is not a private korban (no owner to pay), and not a regular korban tzibur — it is a safek-korban that the tzibur must offer.

Halacha Regarding Goy Sheshalach Olaso Mimedinas Hayam

The Rambam: Goy sheshalach olaso mimedina acheres velo shalach imah demei nesachim — yavo’u niskeiha miterumas halishka.

Translation: A non-Jew who sends a korban from far away without nesachim money — the tzibur pays.

Chiddushim and Explanations:

Why only a non-Jew? A Jew usually knows he needs nesachim; a non-Jew doesn’t know the halacha.

Why only mimedina acheres? If the non-Jew is here in Yerushalayim, one tells him to also bring nesachim. Only when he is far and one cannot reach him, the tzibur pays.

Lesson against the error of Zecharyah ben Avkulos: One should not reject the korban because nesachim are missing; better the tzibur should pay. The korban is essentially for Hashem, not for the person, therefore it’s worth it that the tzibur should add.

Halacha Regarding Ger Shemes Vehinich Zevachim

The Rambam: Ger shemes vehinich zevachim — im yesh lo nesachim, krivin mishelo. Ve’im lav — ba’in miterumas halishka.

Translation: A convert without heirs (because his previous relatives are k’mi she’einam, katan shenolad dami) — if he left nesachim money, one takes from his; if not, from terumas halishka.

Halacha Regarding Kohen Gadol Shemes — Minchas Chavittin

The Rambam: Kohen gadol shemes velo minu acher tachtav — makrivin minchas chavittin miterumas halishka.

Translation: In the interim when there is not yet a new Kohen Gadol, the minchas chavittin comes from terumas halishka.

Chiddushim and Explanations:

Chiddush in the structure of minchas chavittin: From here we see that minchas chavittin is not only a personal obligation of the Kohen Gadol, but it is a general mitzvah that every day there should be minchas chavittin. There are two aspects: (1) a mitzvah that every day minchas chavittin should be brought, (2) a mitzvah that the Kohen Gadol should bring it. When there is no Kohen Gadol, the first mitzvah remains in force, and a regular kohen offers it.

Machlokes Tanna’im: Rabbi Yehudah says that the heirs of the Kohen Gadol must pay. The Tanna Kamma (as the Rambam rules) says that the tzibur pays — from terumas halishka.

Halacha Regarding Schar Ovdei Tzibur — Mevakrei Mumin, Melamdei Shechitah, Melamdei Kemitzah, Nashim Megadlos Beneihen LePara Adumah

The Rambam: Mevakrei mumin shebiYerushalayim notlin scharan miterumas halishka. Also talmidei chachamim hamelamdim hilchos shechitah lakohanim, hilchos kemitzah, nashim megadlos beneihen lepara adumah.

Translation: People who do work for the Mikdash/tzibur receive wages from terumas halishka.

Chiddushim:

Mevakrei mumin is a great expertise — to know what is a mum. This is a professional job that is paid from tzibur money. The mevaker mumin is not paid by the person bringing the animal, but by the tzibur (terumas halishka). The reason: so he should not have a negiah to declare kosher or pasul according to who pays him.

Hilchos kemitzah is a great wisdom — more than it appears at first glance. Proof: Nachum Ish Gamzu asked children if they are engaged in hilchos kemitzah. Chaggai HaNavi taught hilchos shechitah and kemitzah.

Nashim megadlos beneihen lepara adumah: There was a halacha that one specially raised children who would never become tamei, so they could engage with para adumah. This was a job for the women — to guard their children the entire time in taharah.

Payment — kemo sheyifseku beis din: How much one pays is assessed by beis din. One cannot give more than a machatzis hashekel.

Broader principle: If the tzibur has a mitzvah of machatzis hashekel to purchase korbanos, it’s obvious that one must also ensure the korbanos are kosher, that the kohanim know everything — all this is part of “korbanos.”

Halacha 2 — Shomrei Sefichei Shevi’is

The Rambam: In shnas shemitah, Beis Din appoints guards to watch a portion of the sefichim, so it should remain for the omer and shtei halechem. The guards receive wages from terumas halishka.

Translation: The omer and shtei halechem must come from new grain. In a shemitah year one cannot purchase it from a seller because everything is hefker. Beis Din must appoint guards on a certain portion of sefichim, so it should remain mechubar lakarkar (fresh) until needed for the Beis HaMikdash.

Chiddushim — Mi Sheyisnadev Lishmor Bechinam — Ein Shom’in Lo:

If someone wants to volunteer to guard the sefichei shevi’is for free, one does not follow him. The reason: gezeirah mishum ba’alei zero’a.

1. Simple meaning of “gezeirah mishum ba’alei zero’a”: When people guard as volunteers (for free), they guard “a little” — not with full force. Ba’alei zero’a will overcome them. But if one pays for guarding, it’s like hiring a “security company” — it is done well and professionally.

2. The higher principle — shemitah context: One may not guard a field in shemitah — one must make it hefker. The heter here is that one guards lichvod hakodesh — a certain portion, paid from terumas halishka. It should be “davar yadu’a” and publicized that this is the place that is guarded lichvod the Beis HaMikdash.

3. The ba’al hasadeh who wants to volunteer: A person comes and says: “I have a field, I will guard it myself, take from my field the omer.” One tells him no — because when he guards it, it looks like he is not mafkir his field (transgressing shemitah), and ba’alei zero’a will attack him. But when Beis Din appoints paid guards, it is a formal, publicized arrangement.

4. Connection with the Gemara: In the Gemara there is an inquiry whether a person may be makdish for the tzibur. The ruling is yes, a person can donate even korbanos tzibur. The problem here is a technical problem — it doesn’t pay to do such a thing because of ba’alei zero’a. Also: the omer must come “min hahekdesh” — when a shomer chinam guards it, he wants to acquire it min hahekdesh, which creates a problem.

Halacha Regarding Magihei Sefarim ShebiYerushalayim

The Rambam: Magihei sefarim shebiYerushalayim notlin scharan miterumas halishka.

Translation: There was a Sefer Torah in the azarah, and one constantly checked sifrei Torah — checking if there are errors by comparing with more original sefarim. This is a tzorech tzibur — that there should be kosher Torahs by Klal Yisrael.

Chiddushim:

1. “Kosher Torah” — what does it really mean: “Kosher” in this context means not only that one should be yotzei krias haTorah or dance on Simchas Torah. “Kosher Torah” means that one should be able to look up a verse — that the text should be truthful. If not — if it says “lo” instead of “yes” — the purpose of the Torah is nullified.

2. Different explanations of “magihei sefarim”: (a) Those who checked the Sefer Torah that was read at hakhel; (b) the Sefer Ha’azarah — the original Sefer Torah that lay in the azarah; (c) the sefarim from which one learned seder ha’avodah — as one taught the Kohen Gadol “vayikra lefanav beparashiyos” (as stated in the Mishnah).

3. Why “shebiYerushalayim”: Because there were the original Sifrei Torah, it was an institution — like “Torah asher yorichu” — where the sofrim guarded the correct version of Torah.

4. [Digression: bedikas mezuzos] The Rambam says one must check mezuzos — but not for hagahos (checking if the sofer wrote correctly). What one must check is whether it has become kaleh over time (letters that become worn, faded). When a sofer writes a mezuzah, he must write correctly — this helps once. If something will become kaleh, it will become kaleh generally, not just one letter. What sofrim take money for “checking mezuzos” (in the sense of hagahah) is “properly a scam” — there is no halacha on it. The custom to check mezuzos internally during a time of trouble has a source in Maharil, and the Lubavitcher Rebbe had work on this. But the main law of checking once/twice in seven years is because weather can make kaleh. Therefore there is a distinction between a front-door mezuzah (where it gets moisture/heat) and an interior one. By tefillin it states explicitly that one need not check because it’s sealed — so too a good mezuzah case one never needs to check, unless one sees it’s getting wet inside.

Halacha Regarding Dayanim Shedanin Es HaGazlanim BiYerushalayim

The Rambam: Dayanim shedanin es hagazlanim biYerushalayim notlin scharan miterumas halishka.

Translation: Special judges in Yerushalayim who dealt with dinei gezeilah received wages from terumas halishka.

Chiddushim and Explanations:

1. Why specifically “gazlanim” and not all judges? Several answers are brought:

2. First explanation — connection to korbanos: When someone brings a korban from gezel, it is a mitzvah haba’ah ba’aveirah. The judges in Yerushalayim had to determine if a korban is kosher — this has a direct connection to Yerushalayim and to terumas halishka.

3. Second explanation — “gezeilos” means broadly Choshen Mishpat: “Gezeilos” can mean all Choshen Mishpat matters — not paying a loan, transgressing schar sachir, all sorts of gezeilah.

4. The main chiddush — why specifically judges of gezeilos receive wages: The principle is “kol dayan shenotel schar ladin dinav beteilim” — a judge may not take money for ruling, only schar batalah. The answer: The Sanhedrin didn’t have to sit all day — they had other livelihoods. But dinei gezeilos was a “continuous job” — there were so many gazlanim that one had to constantly sit there. Because he couldn’t have any other livelihood, he was paid from terumas halishka. This is the distinction — by other judges schar batalah is enough, but here one needed a full livelihood.

5. The halacha that one gives generously: It states clearly that one must give him generous livelihood — that nothing should be lacking — so he should be able to rule without any concern of bribery.

Halacha Regarding Shi’ur HaSachar — 99 Maneh

The Rambam: Kamah hayah noter? Tish’im vetesha maneh bechol shanah. Ve’im lo yaspiku lahem — mosipin lahem, af al pi shelo ratzu, mosipin lahem kedei tzorcham — hem uveneihem uvnei veitam.

Translation: The wage was 99 maneh a year. If it’s not enough — e.g. he has a large family, he needs to make a wedding — one adds, even if he doesn’t want to take.

Chiddushim:

1. “Af al pi shelo ratzu”: Even if he is such a tzaddik who doesn’t want to take more, one forces him — because it’s important that the judges should be well fed, so they can rule correctly.

2. “Lo hispiku” means a larger family: The “lo hispiku” refers to a person who has a larger family — for each child one receives additional allowance. The “lo ratzu” means because he is a tzaddik, but one must think of his wife and children.

Halacha 12 — Sheyarei HaLishka: Kevesh HaPara, Kevesh Seir HaMishtaleiach, Mizbe’ach, Heichal, Azarah

The Rambam: Kevesh shehayu bonin mehar habayis lehar hamishchah, uchevesh shehayu motzi’in alav seir hamishtaleiach — shneihem na’asin misheyarei halishka. Vechen mizbe’ach ha’olah, vehaheichal, veha’azaros.

Translation: After having already separated terumas halishka three times, money remains — “sheyarei halishka.” From this one paid: (a) the ramp from Har HaBayis to Har HaMishchah for the para adumah — a chumra in taharas hapara, that it should not go over earth where there might be graves (as stated in Maseches Parah); (b) the ramp for the seir hamishtaleiach of Yom Kippur — because the Alexandrians would grab the seir; (c) mizbe’ach ha’olah, mizbe’ach hapenimi, the heichal, and the azaros.

Chiddushim:

1. Why the mizbe’ach must often be rebuilt: There is very much fire there, one constantly cooks and burns on it — one must sometimes rebuild.

2. Chiddush: sheyarei halishka vs. bedek habayis: Why does this come from sheyarei halishka and not from bedek habayis? The answer: Bedek habayis is only for maintenance — when something is broken, one fixes it from bedek habayis. But when one must build something new — a new mizbe’ach, rebuild the heichal — it must come from sheyarei halishka, which comes from all Jews. This is an interesting distinction between repairs (bedek habayis) and new building (sheyarei halishka).

3. Bavli vs. Yerushalmi: In the Gemara it is implied that it comes from bedek habayis — this is a contradiction between Bavli and Yerushalmi, and it’s not clear.

Halacha 12 (continued) — Amas HaMayim, Chomas Yerushalayim, Vechol Tzorchei Ha’ir

The Rambam: Amas hamayim shebiYerushalayim… chomas Yerushalayim vechol migdaloseha vechol tzorchei ha’ir — ba’in misheyarei halishka.

Translation: The water system of Yerushalayim (Mei HaShiloach/Gichon), the city walls, towers, and all city needs — everything from sheyarei halishka.

Chiddushim:

1. Yerushalayim is part of the Beis HaMikdash: Everything that has to do with Yerushalayim is part of the Beis HaMikdash — Yerushalayim in its entirety has a kedushah status, because one eats kodashim kalim in the entire city. Therefore it is not me’ilah when one uses Mikdash money for the wall — because the wall itself is mekudash bikedushas Yerushalayim. Therefore it didn’t come from the kingdom, but from sheyarei halishka — because it’s tzorech tzibur.

2. A question: How can machatzis hashekel from Klal Yisrael cover so much? A calculation is made — with two million Jews it comes out to about twenty million dollars, which is not so much for such large projects.

3. Answer: Practically one may also take from other sources — the king can give from his conquests, wealthy people can donate (like Nicanor who brought a door). The halachos speak of what one may do, besides what one must (like korbanos tzibur which must be from tzibur money). By korbanos tzibur there is a law that it must be from the tzibur, but even there there is a heter — one can add to the tzibur, as the Chasidim who brought shtei halechem and said they are adding to the tzibur.

Halacha Regarding Goy SheHisnadav — One Doesn’t Take from a Non-Jew for Binyan HaMikdash

The Rambam: Goy shehisnadav ladevarim halalu — the mizbe’ach, amas hamayim, built things — ein mekablin mimenu, afilu ger toshav.

Translation: From a non-Jew one takes for a korban yachid (which is something that passes), but not for building and structures of the Mikdash (which remains standing), because one doesn’t want there to be a remembrance of a non-Jew in the Beis HaMikdash. Even a ger toshav is not accepted.

Chiddushim:

Verses: The Rambam brings two verses from Ezra/Nechemiah: (1) “lo lachem velanu” — Ezra rejected the Tzarei Yehudah who wanted to help build; (2) “velachem ein cheilek utzedakah vezikaron biYerushalayim” — Nechemiah’s words.

Historical context: The Tzarei Yehudah (Toviah etc.) first made troubles, wrote informing that the Jews are going to rebel, wrote to Haman/Achashverosh. When that didn’t help, they tried “if you can’t beat them, join them” — they will donate in order to get a foot in and then undermine from within. Nechemiah saw through the plan — “lo miduvshach velo me’oktzach” — and rejected.

Question: Shlomo HaMelech did take from Chiram Melech Tzor for the building of the Beis HaMikdash! And Nechemiah himself took from the king of Persia! Answer: There it was a different situation — the king didn’t want to interfere, he only gave. Here the Tzarei Yehudah wanted ownership.

[General chiddush — also relevant for Jews:] The main distinction is not Jew/non-Jew itself, but the intention of the giver. If a Jewish wealthy person is an “attention seeker” / egotist, who wants to have an opinion in education because he sponsors, one must also push him out. Tzedakah means “I submit to the Mikdash,” not “I submit the Mikdash to me.” A korban anyone can bring (because it passes), but building (which remains) must be pure from negios.

Parallel to modern times: The Rebbe’s approach is that one may not take money from the state for education, because “soon you’ll tell me what to teach in cheder.”

Answers a previous question: This answers why the mevaker hamumin and dayanei gezeilos are paid from terumas halishka (not from the person bringing the korban) — so he should remain pure from negios.

Other side: It’s not an eternal halacha that one never takes from non-Jews. If non-Jews would truly do teshuvah, one could take — as long as they cannot write their name on it.

Halacha 9 — Mosar Terumas HaLishka / Kayitz HaMizbe’ach

**The Rambam: Mosar terumas halishka vechen mosar sheyurei halishka — lokchim bo behemos zecharim veyikarvu kulam olos. Tenai beis

din hu misneh al kol hamostaros. Ve’eilu ha’olos haba’os mimosar hashekalim hen hanikra’im kayitz hamizbe’ach.**

Translation: When money remains — whether from terumas halishka or from sheyurei halishka — one purchases male animals and brings them all as olos. This is called “kayitz hamizbe’ach.”

Chiddushim:

Tenai beis din: The basis for why one may use the money for olos (even though the Jews were makdish for korbanos tzibur) is because there is a tenai beis din — misneh al kol hamostaros — that when someone gives machatzis hashekel, if there will be a remainder, one should offer olas behemah.

Only behemah, not of (bird): One doesn’t bring olas ha’of — because korbanos tzibur are not from of. This also answers a previous halacha that even when someone’s mosar from kinim (birds) also becomes a behemah — because tzibur cannot bring any of.

Meaning of “kayitz”: Several explanations:

– (1) Kayitz = dry (like a hot summer) — when the mizbe’ach is “dry” / empty of korbanos, one brings this as “dessert.”

– (2) Kayitz = figs (kotzetz te’enim) — the cutting of figs that grow late in summer (Av-Elul), are very sweet because they are long in the sun. So too this is a “sweet addition” for the mizbe’ach.

– (3) It’s a “dessert” for Hashem — on days when there aren’t many korbanos yachid, one brings this as an addition, not an obligation but a bonus.

Halacha Regarding Shekalim Shelo Yaspiku — Motzi’in Mikodshei Bedek HaBayis

The Rambam: Shekalim shelo yaspiku lahem lechol korbanos hatzibur — motzi’in es hara’ui mikodshei bedek habayis. Aval ein bedek habayis motzi’in es hasha’ar al kodshei hamizbe’ach.

Translation: If the lishka becomes empty and one still needs korbanos tzibur, one takes money from kodshei bedek habayis. But conversely — if one needs money for bedek habayis, one cannot take from kodshei hamizbe’ach.

Chiddushim:

– The principle is that kodshei hamizbe’ach (korbanos) are more important than kodshei bedek habayis, because they are more directly for the kedushah — one places it directly on the mizbe’ach. Therefore one may ma’alin from a weaker kedushah (bedek habayis) to a stronger one (mizbe’ach), but not conversely — one cannot moridin from a higher kedushah to a lower one. This is the principle of ma’alin bakodesh ve’ein moridin.

Halacha Regarding Rosh Chodesh Nisan — New Terumah for Korbanos, and What One Does with Old Animals

The Rambam: Misheba Rosh Chodesh Nisan ein makrivin korbanos hatzibur ela miterumah chadashah. Im lo ba’ah chadashah — motzi’in min hayeshanah. Lefichach im higi’a Rosh Chodesh Nisan veyesh imahen behemos litemidim miterumah yeshanah — podin osan veyotz’os lechulin, af al pi she’ein temimin [=af al pi shehen temimos]. Terumas yashan nish’ar lekayitz hamizbe’ach.

Translation: From Rosh Chodesh Nisan one must use new terumah for korbanos tzibur. If new has not yet arrived, one may bedieved use old. Animals that were already purchased from old terumah for temidim — one redeems them (even though they are unblemished), the animal becomes chulin, and the money goes for kayitz hamizbe’ach.

Chiddushim and Explanations:

1. Chiddush that one redeems unblemished animals: Usually one can only redeem a behemas kodesh when it has a mum. Here is a special law that one redeems even unblemished animals — because tenai beis din was made when purchasing the animals, that if one won’t need them (because a new year comes), they go out lechulin. The tenai beis din is the mechanism that enables the pidyon.

2. Question — why can’t one use the same animals for kayitz hamizbe’ach? Instead of redeeming and repurchasing, one should take the animals and bring them directly as kayitz hamizbe’ach? The answer: The animals were already hukdeshu as temidim, which is a higher level than kayitz hamizbe’ach (tamid is an obligation, kayitz hamizbe’ach is only olas nedavah when the mizbe’ach is empty). One cannot moridin from tamid to kayitz hamizbe’ach directly — one must first redeem (remove to chulin), and then with the money one purchases new animals for kayitz hamizbe’ach.

3. “Tenai beis din” — what does it mean? It doesn’t mean that Beis Din stands each time and makes a formal tenai. It’s a standing ordinance that is understood — that all animals purchased for temidim are purchased with the implicit tenai that if one won’t need them, they go out lechulin.

Halacha Regarding Mosar HaKetores — What One Does with Leftover Ketores

The Rambam: Vechen hayah oseh bemosar haketores — mishehigi’a Rosh Chodesh Nisan, mechalelin osah al schar ha’umanin, vechozerim venosnim scharan lekayitz hamizbe’ach, venosnim la’umanin mosar haketores bischaran, chozerim velokchim haketores meihem biterumah chadashah kedei lehakrivah.

Translation: When ketores remains from the old year (because one made 368 manim — 365 for each day plus 3 extra for Yom Kippur’s melo chofnav — and in a regular year at least 11 manim remain), one does as follows: One is mechalel the ketores on the wages that the craftsmen (osei haketores) must receive. The money from their wages goes for kayitz hamizbe’ach. The craftsmen receive instead of money — the ketores itself. Then the Beis HaMikdash buys back the ketores from the craftsmen with terumah chadashah, and now it is new ketores.

Chiddushim and Explanations:

1. The mechanism of “mechalelin al schar ha’umanin”: This is a multi-step process with three transactions:

First: The mosar money (from the old terumah) goes for kayitz hamizbe’ach — like all mosar money from previous machatzis hashekel.

Second: The ketores becomes “new” ketores — because one buys it back with terumah chadashah, as if one just now acquired it for the new year.

Third: The craftsmen receive their wages — not directly from lishka money, but through the detour of receiving ketores and reselling it.

2. Why does one need this whole detour? One cannot use old ketores for the new year (because one needs terumah chadashah). But one also doesn’t want the ketores to be lost — one made it with a calculation (365 manim + 3 extra), and one will need it because there won’t be enough without it. Therefore one must sell it and buy it back — through this it becomes legally “new” ketores.

3. Why specifically through schar ha’umanin? It is brought from commentators on the Mishnah that it’s a matter of kavod — it’s more honorable for the osei haketores that they should not receive money directly from the lishka (at least once a year), but through the detour. But this is only once a year — a whole year they do receive money directly, and only with the mosar haketores does one do it through this special mechanism.

4. Question on the kavod answer: Why is it more honorable? All other workers receive money directly. And also — what honor is it that one receives a bit of ketores instead of money? This remains somewhat unclear.

5. Law of im lo ba’ah chadashah by ketores: Just as with korbanos, if new machatzis hashekel has not yet arrived, one can bedieved use from the old terumah — it’s not me’akev.

Summary of Hilchos Shekalim in General

Hilchos Shekalim consists of three main parts:

1. Laws of separating shekalim — who must give, how much, when, etc.

2. Seder haterumah — how one brings in the money, the chests (shofaros), and the entire order of bringing in.

3. What one does with the money — purchasing korbanos, ketores, paying workers, and all related halachos (mostaros, lost items, theft, etc.).

Baruch Rachmana desaya’an — Siyum Hilchos Shekalim.


📝 Full Transcript

Rambam Laws of Shekalim Chapter 4 – What is Done with the Terumas HaLishka

Introduction: General Overview of Chapter 4

Good day, dear Jews. This is the Rambam Laws of Shekalim Chapter 4, the last chapter of Laws of Shekalim. The chapter is more detailed about how, one could say, the finances of the Beis HaMikdash work, from which money. We’ve already learned that there are different collection boxes, the boxes for the machatzis hashekel and for other nedavos (donations). From which box does one take for which purposes, for which tzarchei hakodesh (needs of the sanctuary)?

But in the most general way, which things does one take from what is called terumas halishka, that is from the main machatzis hashekel, and what not? That is, afterwards there are more details which make sense.

The Three Categories of Hekdesh Money

There are things, the main korbanos (sacrifices), that one may, that is one must, one brings from the machatzis hashekel, from terumas halishka. The point is that the korbanos should be from the tzibur (community).

There are other things which are not korbanos, which one still takes, particularly this is the part of the main expenses of the Beis HaMikdash, that is terumas halishka.

Afterwards there are things which one takes from shirei halishka (remainder of the chamber), I don’t know clearly which thing, one must see the definition.

There is a third type of thing which is called generally kodshei bedek habayis. That is, simply building a beautiful building for the Beis HaMikdash, parts of the Beis HaMikdash, that one cannot take from terumas halishka, there is a different type of hekdesh for that.

That is more or less. So you say, afterwards in the nedavos and other things, special people are makdish (dedicate). But the main halacha, so I think, and apparently this is how there is perhaps a definition, which type of things, perhaps one learns from this something, which type of things are called like the main korbanos tzibur which one brings, and which not.

Yes. Do you agree? Yes. Good, very good.

The Relevance for Tzaddikim and Money from Jews

It’s very relevant for the great tzaddikim who used to take money from all kinds of people. And they were careful, as is known, that only the money from the ehrliche (honest) Jews should go for the real korbanos, for the dvarim shebikdusha (matters of holiness). And the not-so-ehrliche Jews who bring money or whatever, one gave for the taxes.

It’s understood that it’s also important to mention that those who give money for our shiur (lecture), it goes for the shiur. And one hundred percent. Our money, I say for each one, people think it’s a joke. Our money goes, almost all the money goes directly to the maggid shiur (lecturer). Not everything, there are of course other expenses and things, but a large portion of our money goes directly for the… what’s it called? For the… for the… for the… yes.

And also, we only take money from ehrliche Jews. If there is chas v’shalom (God forbid) if there is among you a root bearing poison and wormwood, we don’t take the money. Only from ehrliche Jews. But if he sends money for us, it’s a sign that he’s an ehrliche Jew.

Every Jew Has a Share in Korbanos Tzibur

Says the holy Rambam Chapter 4. What does one do with the money from the shekalim? But the shekalim one takes literally from everyone. You remember that we learned in Parshas Korach that Moshe Rabbeinu prayed “al teifen el minchasam” (do not turn to their offering). Rashi says their korban tzibur You should not accept today. But generally, even a Korach, when Moshe Rabbeinu is not specifically praying, he has a share in the korbanos. Every Jew who gives a korban, he gives a machatzis hashekel. Oh, he’s a weak Jew? There’s no such thing.

There are certain things which the kohen brings, like minchas chavitim and such things, but most things are from all of Klal Yisrael. Therefore every Jew must daven (pray), because tefillah (prayer) is corresponding to korbanos, and every Jew must extremely provide his… one can give a perutah (small coin) for some tzaddik, because you can daven a little bit.

Halacha 1: Terumas HaLishka What is Done With It

Terumas halishka what is done with it? Terumas halishka is what we learned earlier, what one puts the money into the large box, the first box, and from there one takes out three times a year. What does one do with the money?

Says the Rambam thus: One purchases from it the temidin (daily offerings) of each day – every day there are two korban tamid, tamid of morning and tamid of the afternoon, one purchases with this.

And the musafin (additional offerings) – every time when there is a korban musaf, like Rosh Chodesh, Shabbos, Yom Tov.

And all korbanos hatzibur – which korbanos tzibur are there that are not temidin and not musafin? Like shtei halechem (two loaves), the omer offering, the bull of Yom Kippur, such things. Yes, the extra korbanos of Yom Kippur, the extra korbanos of Sukkos. Sukkos is apparently musaf, but Yom Kippur and Shavuos.

And their nesachim (libations) – and all nesachim of the korbanos tzibur also come together with the money from terumas halishka.

Salt, Wood, Ketores

And the salt with which all the korbanos are salted – there is the mitzvah of “bris melach” (covenant of salt), that with every korban one puts salt on the meat. The salt, there was a beis hamelach, a chamber filled with salt. There were times when salt was a very expensive thing. It comes from the terumas halishka.

And likewise the wood – ah, but this is… in other places it appears that there were certain families who had the privilege to bring korban ha’etzim (wood offering). Right, so usually, if not… if they did not bring wood, if people bring wood, I know, a person who has fields, he chops down his trees, he brings wood, one uses that. But if they did not bring wood, and they found only with money, the hekdesh must go buy wood, that also comes from the terumas halishka.

What else? And the ketores (incense). The ketores which one brings every day is from the terumas halishka.

Wages of the Maker of Ketores and Lechem HaPanim

And the wages of the maker, later we will learn exactly how the wages of the maker work, but the wages of the maker also come from the… the people who make the ketores, the experts, as we learned. Where did we just learn it? Who were they? Who was maskil l’shevach (skilled in praise)? Who made the ketores? It says in Maseches Yoma. Yes, yes.

And the wages of the maker of lechem hapanim (showbread). Did I say, why is there a wage of a maker? Apparently, because a korban one buys a korban, there are merchants of animals. But ketores is something professional, one must know how to make it. The same with lechem hapanim. It’s not the job of the kohanim. So it says in the Mishna in Yoma, about this I say that it’s also not like the avodah (service) of the kohanim. The kohanim receive matanos kehuna (priestly gifts), but they don’t get paid because it’s their job.

But it appears that the kohen, not necessarily the kohen knows how to make ketores and lechem hapanim. It’s something professional. No, but I say, the person who sells animals, it’s called wages of sellers of animals, that’s the animal. But this is work, one doesn’t buy ketores from him. He sits in the Beis HaMikdash and he makes ketores, and he receives a wage, he gets paid. Both it’s work, and also it doesn’t appear like avodah. There is avodah from his avodah. The kohanim don’t get paid for their avodah. Kohanim eat meat, yes. That is a wage.

Omer, Shtei HaLechem, Se’ir HaMishtale’ach

And lechem hapanim… and the wages of makers of lechem hapanim. And the omer, the korban omer, and shtei halechem, the korban shtei halechem, the two korbanos which one brings on Pesach. The bread itself he means, not the animals, because earlier he already said korbanos tzibur. The omer means the barley.

And se’ir hamishtale’ach (scapegoat). Interesting, and se’ir hamishtale’ach is also not a korban, so the se’ir hamishtale’ach is also not a korban. Not the se’ir la’Hashem, the se’ir la’azazel, right? Se’ir la’Hashem was in the korban.

And se’ir hamishtale’ach and the tongue of crimson that they tie between its horns. It’s interesting, how expensive is the tongue of crimson? Crimson can be that it’s yes expensive. But it can also be, the Mishna doesn’t list according to the expense, one lists so that one should know the halacha of every detail has a thing. Crimson means something… it must be a red color. Okay. Like techeles. Techeles we learned that once it wasn’t a color, it was once very expensive, right? One goes to make it with special materials, yes.

In short, all these come from terumas halishka.

The Limits of Terumas HaLishka

But as we already learned that… it’s an interesting thing, because it depends how many Jews bring. If there are millions of Jews, it covers it. What happens if there is a time after a plague? Is there such a reality of Jews giving more than a machatzis hashekel, as we learned earlier, v’chachamim hosifu aleihem (and the Sages added to them).

Halacha 2: Par He’elem Davar of Tzibur – A Korban That Doesn’t Come from Terumas HaLishka

Says the Rambam, but which thing doesn’t come? It was that one can learn two things. First of all, something is a type of korban which is yes a korban tzibur, and it doesn’t come from the machatzis hashekel. It’s very interesting.

Par he’elem davar of tzibur means when Jews did a sin because it was ne’elam (hidden), they didn’t know the halacha how they conduct. Yes, Horayos. Yes. Because the Beis Din ruled falsely. Or… or b’shogeg avodah zarah (inadvertent idolatry), if Jews served avodah zarah, the same thing is that all Jews served avodah zarah, that’s the difference that one brings a se’ir (goat).

Then one goes and initially one collects for them and it doesn’t come from terumas halishka, one asks from the Jews who then did the sin that there should be an extra fine such a thing. Initially, not a… I mean that it doesn’t make from the money that already lies in the box, one takes for the… it makes sense, because it’s free. If one wouldn’t punish the lishka, now one punishes the Jews who did the sin. It’s not a fine, but… the special korban that comes for the sin, which they did comes a special. So it appears that one makes a special collection, one turns in all cities, and one brings for Jews should be menadeiv (donate) whoever wants. All Jews must bring it, but presumably one can give it for the Jews of the tzibur. Interesting.

Why Not from Terumas HaLishka? – Three Explanations

He brings from Rav Meir Simcha that it’s not called a korban tzibur. It means that it means that it means that it’s a large korban yachid (individual offering), like many partners. Interesting. I mean that it’s certainly a korban tzibur, but according to my reasoning is a different reason. He thought that it’s not called a korban tzibur. It’s not called a korban tzibur, because korban tzibur are korbanos which one must always bring, not because someone did something an olah (burnt offering). This is something a korban that comes for a specific reason.

He brings from Rashi another thing, that one already thought of this, one didn’t plan to sin. So, they weren’t makdish on this. Okay. Even what one yes sinned, they didn’t know that it’s a sin, they didn’t know that one must do teshuva. Whatever it is.

Halacha 2 (Continued): Parochess of the Heichal – Building or Needs of Beis HaMikdash?

Paroches of the heichal, the curtain that was placed in the heichal, and they learned, I mean in Maseches Yoma, I don’t remember how, the paroches were very… it says in the Gemara exaggerations, one needed to have tens of kohanim, it was a very expensive thing. Right, but let’s say the point.

There are two types of paroches. That is, there is a halacha, the halacha is that all things that came for korbanos, or for like perhaps for needs of the Beis HaMikdash, as one now learned, like the… we haven’t yet learned. We will learn other things. The needs of Beis HaMikdash can come from the terumas halishka.

What certainly cannot come from the terumas halishka? The building. The building is called bedek habayis. There is a first special thing called bedek habayis. And this came the tradition that all schools ask for extra money for the building fund. Keren habinyan (building fund) is an extra thing, and one cannot take for the keren habinyan from other money.

The Question: Paroches – Building or Needs of Beis HaMikdash?

So now, there is a question like this: the paroches, what is that? A building? Or it’s something an extra thing which can yes come from terumas halishka?

The answer is, it depends which paroches. He says, a paroches of the heichal, the paroches that divides between the heichal and the entrance to kodesh hakodashim, tachas binyan asuya (made in place of building), it’s a part of the building, it’s a type of wall. Tachas binyan means it’s instead of the building. Instead of the building, it means that instead of building a wall from a hard wall of concrete, and the kohen should be able to go through two paroches. In the First Temple there was a door. It wasn’t any paroches. Yes. The First Temple there was a door, so it says explicitly in the verse, there was a door. So naturally the Second Temple where one made a paroches is instead of a door. So essentially it’s a building, it’s exactly that a fabric door. Therefore it’s a part of the building, and it’s not terumas halishka, but rather from bedek habayis.

But how often did one already need to buy new ones? We’re not talking here when one built the Beis HaMikdash. When one built the Beis HaMikdash it was a special extra thing, one then collected money, King Shlomo. But paroches of the heichal, I remember, one used to make new ones for beauty. Who did that? Does one take from kodshei bedek habayis. As opposed to, kodshei bedek habayis is a place where people can be extra menadeiv money for kodshei bedek habayis. Extra cost. One also sees, there are people who specifically like to be menadeiv the building, as is known. Whoever makes money knows the rule, yes?

But not so paroches of the gates, the paroches that are in the front, that by the doors to enter to the azarah (courtyard) were also for modesty. Yes, there was a band of seven or thirteen paroches. So this is not a part of building, because this is only made for beauty or for the privacy of the kohanim. Therefore they come from terumas halishka, because this was a part of… you can call it perhaps a part of the avodah, because it’s made so that one shouldn’t look into the convenience of the kohanim hamesharshim (serving kohanim). Right, it’s not… or for the kavod Beis HaMikdash (honor of the Temple), but it’s not a part of… it’s not a thing that is… it’s not simple that one made… there are two types of paroches, basically.

Digression: Ashkenazim and Sephardim Regarding Paroches

There are paroches that one doesn’t have money. Today for example, we have a custom to put on the aron kodesh (holy ark) a paroches. I mean the Sephardim don’t have this custom, if I remember. But Ashkenazim… yes? Yes? Some yes. No, I mean the Sephardim make a very beautiful door. By us the door was a simple piece of wood, but on it a beautiful paroches. If someone has a weak door and puts a paroches, that’s in place of building. If he yes has a beautiful door, the paroches is just for something beautiful, for custom. There are two hundred types of paroches.

Also on the Sefer Torah, we have a very hard case on the Sefer Torah, and we have such a fabric thing. I hear it’s a big dispute between Ashkenazim and Sephardim whether one must be hard or soft, I don’t know. It’s opposite. Good, further. What is put in? I will need to explain that this is the difference of a paroches of modesty, like… of building, or of building, or in place of, tachas binyan.

The Menorah and Vessels of Service – Mosar HaNesachim

Continuation: The Menorah and Vessels of Service

Further, the menorah and vessels of service. Yes, vessels, vessels. Their mitzvah is that they should come from the surplus of the nesachim. What the mitzvah is… there was a charity box for nesachim. But interesting, because we learned earlier “veniskehem”, it was… ah, not the nesachim from the communal offerings, because that was a part of the communal offerings. It was extra nesachim. For example, for the nesachim that are offered on Sukkos, they poured a lot of nesachim. An individual offering, a person brings… no, the person who brings an offering with money, he brings his nesachim. No, as we learned earlier, there are things that one puts in… ah, surplus of the nesachim, very good. Ah, one puts money in the charity box for nesachim, and if there remains extra money there because the nesachim didn’t cost as much money as he put in. If you don’t know about any prices, I’ll tell you in, I won’t tell you out, he’ll tell you later. “Therefore the vessels of the Temple and those who serve in it, blessed be He, and what is the surplus of the nesachim”. So we don’t know what it is. You say you know?

Discussion: Why Do We Need New Menorahs?

But I don’t understand the menorah. Does menorah mean if something happened, some sign, did they have to make a new menorah, or something? It says in the Beis HaMikdash there were several menorahs. Thirteen menorahs, if I remember correctly? Yes, twelve. Yes, to go, they added menorahs for beauty. Is that the word? No. Didn’t they make once a menorah of gold? No, they bought another one. Something broke, what are you asking? I don’t know, they had to fix it. Every thing, let’s… everyone who has a building knows that maintenance is a constant expense. The Beis HaMikdash also needed maintenance. The menorah, everything needs maintenance. Yes, I remember that… I don’t remember where I learned, that every thing from the Beis HaMikdash had extra sets, so that if they need to replace something, they need to clean, they should have in the meantime. Yes, for example, they need to fix the menorah, clean the menorah, so on the day they clean the menorah they held the other menorah, the replacement menorah. Okay, so the sense, yes.

Says the Rambam, and if they didn’t have surplus nesachim, if the surplus nesachim wasn’t enough to cover the vessels of service, they come from terumas halishkah, one can indeed bring it with terumas halishkah.

Priestly Garments

Priestly garments, so what does it mean it’s better, but it’s not me’akev. It’s not a sacrifice, it’s not any priestly garments, whether the garments of the Kohen Gadol, or the other garments of all the Kohanim who serve in the Beis HaMikdash, everything is from terumas halishkah. Except in Maseches Yoma we see that there were those who brought the white ones, the mothers brought… it says in the Mishnah zeh mishelo vezeh mishel tzibur. The tzibur gave you a certain amount, if he wanted to add he could add.

Animals Found in Jerusalem – Doubtful Offerings

Now, says the Rambam further: All animals found in Jerusalem okay. One finds an animal in Jerusalem, or outside it nearby, or next to Jerusalem close to Jerusalem. The halachah is, behold they are in the presumption of olos, that the law is that when one finds such an animal one must be concerned to go lechumra. Just as we learned earlier, when money that we don’t know, we go lechumra. Also an animal that we don’t know, perhaps it’s a shelamim, perhaps it’s an olah, we go lechumra, and we bring an olah entirely to Heaven. As will be explained in Pesulei HaMukdashin, that this is what we do. Yes, now we need to bring nesachim. What happens with the nesachim? Their nesachim come from terumas halishkah. Not from the regular nesachim comes with the abundance. The one who brings an offering must bring, but earlier it said that it comes with terumas halishkah. Also, we have with the nesachim of communal offerings. This is not a communal offering, it’s some offering that must be offered, because it’s a doubt. I don’t know what to do with this, we make an olah, right? We also bring with the nesachim that we learned earlier, nesachim of communal offerings, but also that which a communal offering that we bring with communal property, we also bring with the nesachim. It’s an offering that is being offered, because the animal is perhaps kodesh.

A Gentile Who Sent His Olah from Overseas

Yes, says the Rambam further, a gentile who sent his olah from another country, a gentile sent his offering from far away. We know that gentiles could also bring offerings, ki beisi beis tefilah yikarei lechol ha’amim. But what happens if he didn’t send with it the money for nesachim? He didn’t send the money for nesachim. He didn’t know about it, he didn’t know the halachah. It’s different, when a Jew brings an offering, he knows that he must give nesachim, he puts the money in the charity box for nesachim, but the gentile doesn’t know about this. His nesachim come from terumas halishkah, we add the nesachim from terumas halishkah.

Interesting, it seems to me that we shouldn’t make the mistake of Zecharyah ben Avkilas. As if, if you won’t send nesachim, he won’t offer it. You know what? The tzibur will pay. Normally, a Jew brings, we tell him, excuse me, Rabbi Yehudah, send nesachim. We can’t tell a gentile, he won’t understand. The gentile already sent also from another country, go look for him now. It came from far away. It’s different, indeed, perhaps another country means actually that if the gentile is nearby, we tell him that the gentile brings with, he is also a donor of nesachim. But if he comes from another country, they don’t want the Beis HaMikdash to now have a loss, that they shouldn’t offer the offering. We add the nesachim. Interesting.

Discussion: If a Jew Doesn’t Know?

He says that it could be a Jew also actually, which serves it’s yes, but a Jew usually knows. A gentile we assume he doesn’t know. You’re right, if the gentile is here, we tell him. But it’s interesting, I say that there’s something… or you could say the opposite, we must offer the offering, it’s kodesh, we can’t not offer it without nesachim we’re not allowed, but we ourselves pay for the nesachim. I say it’s interesting that the tzibur pays for the person. It’s interesting, the offering is actually for the Almighty, not for the person. He sent it.

A Convert Who Died and Left Offerings

Further, says the Rambam thus: a convert who died and left offerings, a convert who has no heirs. A convert, if he didn’t have children after converting, then his previous relatives are as if they don’t exist, it’s a child who was born, so and left offerings, he left offerings that he had sanctified. So if he has nesachim, if he also left money for nesachim, they are offered from his own, we also take from his money nesachim and offer it. If not, also they come from terumas halishkah.

A Kohen Gadol Who Died – Minchas Chavitin

A Kohen Gadol who died and they didn’t appoint another in his place, they haven’t yet appointed a Kohen Gadol. Usually, the minchas chavitin that the Kohen offers is the Kohen Gadol’s offering ostensibly, but here we see that no, chavitin is a minchah, yes, a certain minchah, a certain type of minchah. Every day the Kohen brings a minchah called minchas chavitin, it’s brought from the money of the Kohen Gadol, and when a new Kohen Gadol is appointed it comes from the money of the new Kohen Gadol. But the period in between, when there isn’t yet a new Kohen Gadol, from where do we take the chavitin then? It’s different, we bring then, we take simply a Kohen who should offer it. Why must we offer it? It’s an obligation of the Kohen… it seems that it’s a mitzvah to offer that every day there should be minchas chavitin, and there’s a mitzvah that the Kohen Gadol should be it. I didn’t think so, but that’s how it comes out.

So we say, there’s actually a dispute in the Mishnah. Rabbi Yehudah said that the heirs must give it, and the Tanna Kamma, as the Rambam rules, he says no, that the tzibur gives it. Yes, we offer it from terumas halishkah.

Wages of Public Workers – Inspectors of Blemishes and Teachers of Shechitah

Further, there are people who do work for the Beis HaMikdash or for the benefit of the tzibur. Inspectors of blemishes in Jerusalem, the people whose job it was to approve the offerings. Everyone buys offerings, and it’s a great expertise to know what is a blemish, and they may not rule, and they learn, it’s Yom Tov Chol HaMoed. The inspectors of blemishes in Jerusalem, they get paid for this. The same thing, Torah scholars who teach, not those who work for the Beis HaMikdash, right? A simple person weighs an offering, then he also slaughters it, he doesn’t charge money, he doesn’t have to give money for the rav. And the Torah scholars who teach the laws of shechitah to the Kohanim, they teach the young Kohanim to know the laws of shechitah.

Halachah 1 (Continued) — Terumas HaLishkah: What Is Paid From Terumas HaLishkah

Teachers of the Laws of Kemitzah

And because they teach them the laws of kemitzah. Perhaps this is the only law they don’t know? Shechitah and kemitzah you see are specified. Chaggai HaNavi did teach them. He held that they don’t know the laws of tumah and taharah. I think it was the job of the chacham to learn with them. Interesting.

Okay. And women, another one. And they teach about the laws of kemitzah, it seems also that it’s a great wisdom. See, Nadchi HaTzaddik asked the children, are you engaged in the laws of kemitzah? It seems it’s not as simple as it seems to us.

Women Raising Their Sons for Parah Adumah

And the women were raising their sons for parah adumah, which was a law that they specially raised children who should remain in purity, they should never become tamei so they should deal with parah adumah, so this is work for the women to watch over their children the whole time.

Payment for Inspector of Blemishes and Other Positions – As Beis Din Decides

All of them receive their wages from terumas halishkah. How much is their wage, how much do we pay? On this it’s as Beis Din decides. Beis Din must assess how much such a thing is worth.

Ahh, interesting. It’s different, when one buys offerings, the Kohen decides to the… it’s the Kohen, the dealer. Dealing in animals is work. There is in the laws, yes, one may not make too much money on the… the seller must take the loss for himself. If the rate changed, and so on. But in any case, on this thing, things that aren’t clear, it’s as Beis Din decides.

I think people should think for his own honor it’s examined, but one who deals with the tzibur, people bring him questions, check his four species and his inspections and so on, one must bring from the tzibur, and the Beis Din must decide how much this is worth.

Why the Inspector of Blemishes Is Paid From the Tzibur

It seems that the atonement in the Beis HaMikdash… that is, we don’t ask from everyone. We can’t say… normally today such a thing goes with a tip. I know that among the people who bring to the inspector of blemishes, there will be one who will throw in a ten. “Come here, come here, the tips are here on the tips.” But the tips we send into the… ah, we can’t give more than a half-shekel. I forgot.

Yes, it’s strong an inspector of blemishes. A person brings his animal, immediately we saw how matters. Immediately we saw how matters. You’re truthful, it seems it doesn’t fit the right thing that he should be like a swindler.

Exactly, he’s not paid by the person, he’s paid by the tzibur. It’s a part of if the tzibur has a mitzvah and makes a shekel for its offerings, then it’s obvious that you must make sure that the offerings are kosher, you must make sure that the Kohanim know everything. Think about it, it’s all part of offerings.

Immediately we saw that there are other things. In section 7 we saw things that are really not Beis HaMikdash. But here until now we’re still holding things that, if you make a shekel means buying an animal, also means buying a kosher animal. You without calculation are the animal, when you buy meat it’s paid for the same thing, you understand the same thing, you should make that it’s kosher.

And it’s for the voluntary offerings that one brings. Ah, okay, but also for the communal offerings, both. Imagine that the treasurer of the hekdesh, he knew what to buy. No, there’s a verse, there’s an expertise, there’s an expertise, there’s an expertise. The laws of shechitah and all these things you understand of course simply.

Okay, now another thing that we need, again, the reason why all these are with terumas halishkah, because these things are not simply communal needs that the king should pay or I don’t know what the king is Jerusalem. This has to do with the honor of the Beis HaMikdash, it comes from the terumas halishkah. Yes, immediately we saw that there are indeed things that are simply communal needs that are also paid from terumas halishkah, this we need to understand. Afterwards we saw that until now it fits.

Halachah 2 — Guardians of Aftergrowth of Shevi’is

In the Shemittah year when it’s hefker, the Shemittah year one must make hefker all the… it’s hefker, it’s from the aftergrowth, yes. So then, Beis Din appoints, actually we do it the same time when we announce about the shekalim, yes, because vessels, because a… because Shemittah, I don’t remember, okay.

Beis Din appoints guardians to guard some of the aftergrowth that grew. There’s a law that the Omer offering and shtei halechem must come from the new year, from chadash. In the Shemittah year it’s hefker, people will come and eat it. It’s not like a provider. Usually we buy it from those who sell the provider, the merchants who sell for the Beis HaMikdash. But this year we can’t buy it, the Mikdash also takes it from hefker.

What do they do? Beis Din places guardians, they should guard a portion of the aftergrowth so that this should remain for when the Beis HaMikdash will need it. In order to bring from them the Omer and shtei halechem, which only come from the new crop. The Omer and shtei halechem must come from the chadash, from the new year, and the new year is Shemittah. They take guardians, and they should guard a portion of the aftergrowth.

They can’t pick and put in the refrigerator, it must be fresh, it must remain attached to the ground until the time comes. It will dry out. But even without the law, it will dry out, you can’t… from the beginning of winter until Pesach time one must now place guardians. When it’s ready, from a few weeks earlier we were it. I don’t know from when.

Who pays for the guardians? Says the law, and these guardians receive their wages from terumas halishkah. The guardians also get paid from terumas halishkah.

One Who Volunteers to Guard for Free — We Don’t Listen to Him

Says the Rambam, it happens, if someone wants to do a mitzvah, he wants to be the guardian, he wants to volunteer for the Beis HaMikdash and guard it. One who volunteers to guard for free, someone wants to volunteer to guard the aftergrowth of Shevi’is for free, we don’t listen to him. We don’t follow him.

Why? There are several opinions in the Gemara why we don’t follow, but we rule the reason, simply a decree because of strongmen. We’re afraid that among the people who go around grabbing from the Shevi’is there are also bandits, bullies, who will take theirs by force. So we’re afraid of the strongmen lest they come and take from them.

And therefore the Sages enacted that they should receive their wages from the lishkah, the Sages enacted that those who guard the aftergrowth should specifically indeed receive money from the lishkah, so that everyone should separate from that place that these guardians are guarding. So the strongmen won’t come and grab it from them.

Discussion: What Does “Decree Because of Strongmen” Mean

Speaker 1: That is, when people… let me come say my simple explanation. When people guard as volunteers, for free one gets free, they’ll guard a little, and the strongmen will overcome them. But if we pay for this, it will be like hiring a security company and it will be done well.

Speaker 2: Okay, so I now understand what this means, it’s a bit simpler. I asked earlier, and they struggled. Now I understand that the story is simple, because I see the subject context in the Gemara.

The story is thus: We’re not allowed to guard Shemittah, right? A person has a field, even if it’s the field from which we take every year the Omer, he’s not allowed to guard, he’s not allowed to watch, we must make it hefker.

Now, comes the permission that’s here in Maseches Shomrim is actually also a certain leniency in the laws of Shemittah, right? We’re not allowed to guard. We say, no, we guard for the honor of the kodesh, we guard a certain portion, and we pay someone with the money from terumas halishkah. It’s called an extra guarding, but it’s not hefker the field.

Comes a person and he says, I’ll tell you, I have a field, I’ll guard it myself, and you should take from my field. You should take from my field the Omer. Who will guard it? I’ll myself transgress ostensibly on the Shemittah, I’ll make sure that no one takes.

We say, no, this is not good. Why is this not good? Because there are all kinds of people who grab from Shemittah, from open things. There are also wicked people, they grab even such a person.

Let’s understand, if a person is not mafkir (relinquishing) his field, one doesn’t seize it. A person says, “Mine is my field,” he is transgressing, he is a criminal, and the beis din will come make it mafkir. But an ordinary person doesn’t seize. There is a bandit who does seize, yes, even when the other is not mafkir.

So the person comes and they should come. The Chachamim say, no, and they should set up extra guarding. Everyone should know, this, it should be a davar yadua (known matter), it should be publicized, that this is the place that is guarded in honor of the…

Speaker 1: For this it fits for me in the Gemara, because the Gemara speaks that the inquiry is whether the person may be makdish (consecrate) for the public. You mentioned yourself.

No, the baal hasadeh (field owner) was, it’s no difference from shomer chinam (unpaid guardian) who guards at the time. No, the other thing that stands in the Gemara was that the omer must come from hekdesh (consecrated property). Therefore I’m afraid that when the shomer chinam guards it, he wants to acquire it from hekdesh. I mean he can no longer acquire.

Speaker 2: About this you say, we’re talking about the baal hasadeh, now I understand much better. Besides what you say that chinam comes from acquiring, I mean it’s simple. That means, when you place a guard, the hekdesh has placed a boss, now one sends this, but this is my field. Your field, shemittah, even a whole year, a whole year is yours on shemittah, there are people who throw themselves at what you guard.

That’s how I understand the halacha. And as you say, true pesakim (rulings) yes, one can transfer to the public. A person can be a nadav (donate) even korbanos tzibur (communal offerings), it’s not the problem, but here there is a technical problem that it’s not worthwhile to do such a thing.

Halacha 7 — Megihi Sefarim She’biYerushalayim (Proofreaders of Books in Jerusalem)

Further, megihi sefarim she’biYerushalayim (proofreaders of books in Jerusalem). Very good. Now we come to those whose work is to proofread the sifrei Torah.

Yes, this means there was a thirteenth sefer in the Azarah, and they would constantly proofread the sefarim of the tribes. Not exactly from that sefer, but there are sifrei kodesh (holy books), and there is a matter of “al tishkon be’ahalecha avlah” (let not wickedness dwell in your tents), to leave a sefer she’ein bo hagaha (book without proofreading). It means a sefer Torah.

There is, yes, once there weren’t yet books. One must remember, the Rambam’s learned that one must sometimes check the mezuzos.

Digression: Bedikas Mezuzos (Checking Mezuzos)

No, no, one doesn’t need to check the mezuzos for corrections. It’s a mistake of the sofer that the people have. Check if it hasn’t become ruined. Yes, exactly.

What the sofrim do and take money for checking mezuzos is properly a scam. There is no halacha at all. I don’t say so strongly. I don’t say so. Okay, very good. Make a scam, make a clip, make a clip, thousands of people, we ride, clip, listen, make a clip, and it should be that a sofer should find it.

And the Rambam, I only know what the Rambam says. And the Rambam, in the Gemara it doesn’t say that it’s not that there is a… there isn’t any at all.

Certainly, one must proofread sefarim that one learns here. A person writes a mezuzah, he must write, not miss any letters and the like. This helps once, because if something becomes worn in the words, one letter won’t be erased. It will become worn generally. And even if yes, this isn’t the topic of checking the mezuzah that what becomes worn, one must check.

Okay, we’ve already learned this about mezuzah.

Back to Megihi Sefarim — What Does “Kosher Torah” Mean

I say, the megihi sefarim means as you say, that a person writes a Torah, one must check it from the more original sefarim to see if it has an error. So they took their wages from terumas halishkah (the Temple chamber fund). Yes.

Why? Because this is a tzorech tzibur (public need), it’s an important thing that there should be kosher Torahs by Klal Yisrael.

Kosher doesn’t mean kosher that one should be able to fulfill krias haTorah (Torah reading). Kosher means that there shouldn’t be any errors in the Torah.

No, I say, people think that kosher Torah is some law that one should be able to dance with the sefer Torah without a gartel (belt) from outside. Kosher Torah means that one should be able to look up the verse, if it says “lo” (no) instead of “yes”, the Torah becomes void. And for this I have the gartel from outside, that from the sefer one shouldn’t be harmful. Understand? I’m just saying that it’s not the kashrus of hilchos sefer Torah, a kosher Torah is an important thing.

Digression: The Custom to Check Mezuzos

But the custom that one should check the mezuzos inside has a source, I mean the Maharil, that when there is an eis tzarah (time of trouble) a person should check his mezuzos. The Lubavitcher Rebbe had an avodah (service) in this. It’s not worth anything.

But this isn’t the main law that says one must check once in seven years, twice in seven years, is a matter of because the weather can ruin. And actually for this there is a difference between the front door and something inside the house that never came any moisture or heat.

Today’s mezuzah boxes one doesn’t need to check. It says explicitly that tefillin one doesn’t need to check because it’s closed. Once, it depends on which mezuzah box you have, but if it’s a good mezuzah box one never needs to check it. But this too, if the area outside becomes very wet, many times the mezuzah box, and you open it, you see it’s full of sweat, it becomes wet, it becomes… if it’s well closed, they also sell good ones today, that they sell for outside, that it shouldn’t become ruined. Put it in plastic.

In short, this doesn’t mean megihi sefarim, this means a topic by itself.

Back to Megihi Sefarim — Different Interpretations

Megihi sefarim means the one who checks. Why does it say about years? There is as you say, because there were the original sifrei Torah. One could know, there was such an institution, it was some institution. I don’t know, it seems it was some institution once that they guarded. Like a Torah that they will teach. I say, the sofrim guarded the correct version of the Torah.

Ah, he says megihi sefarim she’biYerushalayim means those who proofread the sefer that is read publicly. Is this some topic of service? Because this has to do with Jerusalem directly.

But Rashi says yes that a poor person, Rashi says in Kesubos, why is it actually as you brought, may not have any non-kosher Torah? It’s important. See, everyone knows all these.

And the second interpretation is the sefer of the Azarah, and the third thing is the sefarim that one learns seder ha’avodah (order of service), as we learned earlier the dayanim who teach the kohanim. Yes, but the open fifty means it, I mean it’s sifrei Torah, as it says in the Mishnah, they taught before him in the parshiyos, yes, it says in Yoma, they taught the Kohen Gadol the parshiyos of the avodah.

Dayanim She’danin Es HaGazlanim BiYerushalayim (Judges Who Judge the Robbers in Jerusalem)

Further, dayanim she’danin es hagazlanim biYerushalayim (judges who judge the robbers in Jerusalem), judges who judge dinei gezeilah (cases of robbery). That means, there are other types of judges. Other judges receive from other places. It doesn’t say here, one must know who covers just so, the judges of dinei nefashos (capital cases), of dinei mamonos (monetary cases). But here it says specifically the judges who judge dinei gezilos in Jerusalem.

Judge doesn’t mean that he rules in Torah, he means that he seizes from the robbers, right? Not hilchos halvaa’os (laws of loans). We’re not talking here about the shotrim (officers), but what does gezilos mean? Gezilos means a robber? I mean that gezeilah and genevah (theft) that they collect kefel (double payment), arba’ah vachamishah (four and five times), these things. Not clear.

Different Interpretations of “Dayanim She’danin Es HaGazlanim”

The dayanim she’danin es hagazlanim biYerushalayim, ah, he says a whole good interpretation, that when one brings a korban from gezel, is yes, you don’t know the gezel and the opener, it’s a mitzvah haba’ah ba’aveirah (commandment that comes through a sin). And Jerusalem were those who judged, and quickly a person brings a korban, he quickly asked a question. I had a dispute with my partner, and will this be a kosher korban. Mine has a connection with… perhaps there are other decrees, yes, in the Gemara. It could be that… so he brings from the Rav.

That’s what it’s called. A Choshen Mishpat beis din he’s called, still gezeilah. What is a Choshen Mishpat beis din case? After all, if one had for another, it’s about stealing, not paying the loan, not transgressing on a day with wages, it’s all a type of gezeilah. One can hear, it’s a whole good interpretation, because so it has a direct connection to Jerusalem. It seems it’s a tzorech tzibur, which was a great public need.

Discussion: Why Specifically Dinei Gezilos Receive Wages from Terumas HaLishkah?

Okay, but terumas halishkah. He says, vechama hayah nosar terumas halishkah? (and how much remained of terumas halishkah?) Here it says yes a measure, what is there earlier that it says how much the beis din says? How much remained of terumas halishkah? So the measure is, they took ninety-nine maneh every year. Whatever is there. Okay.

Ve’im lo yaspiku lahem (and if it wasn’t enough for them), there wasn’t enough, they had a large house with children and the like, they need to make a wedding. Mosifin lahem (they add to them), they give them more. Af al pi shelo ratzu? Af al pi shelo ratzu (even though they didn’t want? Even though they didn’t want), even if they say they are honest Jews, they don’t want to take more, mosifin lahem kedei tzorcham (they add to them according to their needs). It’s important that the matters should be well fed. Hem unsheihem uveneihem uvnei veisam (they and their wives and their children and their household members).

That means, it seems this solves enough, a person has a larger family. I understand that the lo ratzu means because he’s such a tzaddik, he was old. But what happens with a wife with your children? There is some number here. Beis din hagadol, every child one receives another twenty maneh, I don’t know, something is such a sort of allowance.

And it’s very important, because the halacha is that kol dayan shenotel sachar ladin dinav beteilim (any judge who takes payment to judge, his judgments are void). One may not take money for ruling, only sechar beteilah (compensation for lost time), which is a scam. Anyway, you have baruch Hashem that it’s a scam, because the fact is that it’s a scam. But there is an answer. It’s understood that the rabbis have already found an answer why the rabbis may take money for ruling, but the Mishnah says one may not. And the Mishnah doesn’t say one may not, it’s a problem.

The law is said, and they found a solution that the money that the Jews give for korbanos, one also pays for the judgments, and so they had. And it says so clearly that he needs him with comfortable livelihood, nothing should be lacking, so he will be able to rule without any concern.

But you mean that dinei gezilos here means all judges of Choshen Mishpat. One must know if… I mean, I have no proof, but I imagine, why specifically gezilos? There are many… what happens at all? Why specifically Choshen Mishpat? What happens with all other judges? There was in every city a beis din of twenty-three, a beis din of dinei nefashos, and according to the Torah that they will teach comes to learn in Jerusalem. One must pay, it doesn’t say here. Today it had to do with me. What he had to do with the kingdom or with the… perhaps the king paid, I don’t know.

About this it’s not a bad interpretation that the robbers have a connection. It’s an answer, but it must have a connection to terumas halishkah. I understand, but this is the excuse that was used, but in practice he ruled more than gezilos. Okay, but it says the Yavneh gezilos? Yes. Further, I don’t know. It’s interesting, yes.

What do you ask about the one who ruled on niddos? I don’t know. Perhaps this one must do for free? No, it could be. I think about him, I have a new interpretation. Exactly. Everything was. He may not take any money. The answer is, what is something different?

The beis Sanhedrin for example had a job, the Sanhedrin doesn’t take a whole day. The Sanhedrin goes to work, he was a worker in a trade, he did other jobs. Yes, speaking can’t with a job. Once he had jobs, means Pika, he had a field, he was a merchant, he worked around, he was a wealthy man. Wealthy. He didn’t have to come every day to the beis hamidrash in the Sanhedrin.

Your exile is a continuous job. It seems these things, it was, one had to have someone who shouldn’t have any other jobs, should only do this, because there were many robbers. This is common. The one here who rules, I see here, you work with me, and besides you rule on other questions. It seems one can do both, yes?

Already. It doesn’t stand and I bring out, and not that it could be that this was a need, that one must have that someone should constantly sit there and examine the matters. This could be. Chazal, it happens often, and therefore one had to sit there. Already, okay.

Halacha 12 — Shirei HaLishkah (Remainder of the Chamber Fund): Kevesh HaParah, Kevesh Se’ir HaMishtale’ach, Mizbe’ach, Heichal, Azarah

Now one goes to learn what one does with the non-terumas halishkah. Until now things already what one takes with terumas halishkah, and now one goes to see with the remaining money.

The Rambam says thus: Kevesh shehayu bonin meHar HaBayis leHar HaMishchah (The ramp that they would build from the Temple Mount to the Mount of Anointing). It says in Maseches Parah that they built a special ramp so the parah (red heifer) shouldn’t go over the earth where there are perhaps graves and the like, it’s a stringency in the purity of the parah. So they made a special ramp, a special ramp, that goes from Har HaBayis to Har HaMishchah, where at Har HaMishchah they slaughtered the parah and brought from there the water for the parah or further. So they built a special ramp.

Vechen (and likewise), another ramp that they had to build was kevesh shehayu motzi’in alav se’ir hamishtale’ach (the ramp on which they would take out the scapegoat). The se’ir hamishtale’ach of Yom Kippur they placed on a special ramp. It says there because the Alexandrians, the Egyptians, they would grab and pull its hair, so they made a ramp. Building a ramp costs money. From where comes the money? Shneihem na’asin mishirei halishkah (Both of them are made from the remainder of the chamber). The remaining money that remains in the chamber after one has already been terem three times terumas halishkah, the shirei halishkah covers these things.

Vechen mizbe’ach ha’olah vehaheichal veha’azarah (And likewise the altar of burnt offering and the Sanctuary and the courtyard). The altars, if one had to… it seems the altar is something one must sometimes rebuild, makes sense. There are very many fires there, one keeps cooking on it and burning on it. One must sometimes rebuild, one must make a new one, and so on. So the altar of the olah or the altar of the Sanctuary, yes, the inner altar and the outer altar. But I mean that the Azarah means just so, the Heichal and the Azarah. Rebuilding the Azarah, what one had to do for the Temple maintenance. So mizbe’ach ha’olah, and after that the Heichal and the Azarah, on the word Azarah goes on the altar. Yes, it says stones of the altar of the Heichal and the Azarah? No, it doesn’t mean… yes, yes, it means… so he translates, the altar, besides that, the Heichal and the Azarah, everything from shirei halishkah.

Discussion: Why Not Bedek HaBayis?

Why not bedek habayis (Temple maintenance) I don’t know? Why not bedek habayis? It means one can, if one has bedek habayis. I don’t know. Perhaps because the altar is more like a need for korbanos. Does this have something to do with this? Ah, what is the Heichal and the Azarah? I don’t know why, but so I mean, so is the translation.

Why actually not? This is mainly bedek habayis. What is actually bedek habayis if not this? He explains that bedek habayis is only for maintenance. So he brings, an interesting chiddush. That bedek habayis means, when it’s broken, unfortunately, one fixes it from bedek habayis. But here, if one must make a new one, it must be from all Jews. We’re talking here when one builds the altar of olah. From terumas halishkah. Not clear.

And the Gemara he says that yes it’s implied that it comes from the bedek habayis, I said Bavli Yerushalmi. Actually not clear. But in short, what will we struggle, I’ve already struggled the Bavli Yerushalmi. As always when Jews struggle, we continue a fifteen hundred year tradition. Yes, it’s all… when a Jew doesn’t know something, he must know that there have already been many other Jews who didn’t know. He holds a long tradition of not knowing. It’s not nothing, it’s not nothing, it’s not… yes!

Halacha 12 (Continued) — Amas HaMayim, Chomas Yerushalayim, Vechol Tzorchei Ha’ir (Water Conduit, Wall of Jerusalem, and All Needs of the City)

Further, the Rambam says further, amat hamayim sheba Yerushalayim, Jerusalem had a special water system through which water was brought from the Gichon, not Gichon, rather the Gichon, the Gichon that is upon mei burot, right? The mei hashiloach, yes? It’s very interesting, when one goes to visit Jerusalem, and they recently uncovered, one can see very much how water used to be brought to Jerusalem, it was filled from there to purify the azarot (courtyards), and so forth, the water system of Jerusalem.

And what else? chomat Yerushalayim v’chol migdaloteha v’chol tzorech ha’ir. It didn’t come from the kingdom, rather everything that has to do with Jerusalem is part of the Beit HaMikdash, as we learned in hilchot shofar, that’s what the Beit HaMikdash is called. So ba’in mishiyurei halishkah. It’s tzorech hatzibbur, tzorech hatzibbur understands that it’s correct.

It’s interesting that shiyur halishkah, from each person a machatzit hashekel should cover so much, we’re talking here… I don’t know how much it was. Okay, so it becomes once again a difficult question.

The Wall of Jerusalem and City Needs Come from Shiyurei HaLishkah

The water system of Jerusalem. And what else? chomat Yerushalayim v’chol migdaloteha v’chol tzorchei ha’ir didn’t come from the kingdom, rather everything that has to do with Jerusalem is part of the Beit HaMikdash, as we learned in hilchot shofar. Yes, it’s called HaMikdash. u’tva mishiyurei halishkah. It’s tzorchei tzibbur, tzorchei tzibbur understands this. It’s correct.

Question: How Can Machatzit HaShekel Cover So Much?

It’s interesting, that shiyurei halishkah, from each person a machatzit hashekel should cover so much. We’re talking here about a great… Okay, so the question becomes difficult again. What’s happening? When Klal Yisrael was smaller. But let’s say there are… come, I don’t know. Let’s say there are a million Jews, two million Jews, that comes out to half a million shekalim, that comes out to approximately twenty million dollars. Not so much. Walls used to be cheaper, walls, Jerusalem, these are great things.

Answer: One May Also Take from Other Sources

It could be that practically, what I’m saying, it could be that the halachot mean that one may come from other sources. That’s the halacha. If the king has more money, he conquered from a gentile, it’s certainly permitted. It’s not a question, one must. It’s implied in other places that there were also people who brought, Nikanor brought doors. No, you asked thus, one may bring, and the king, one may bring, and the king, one may, you know, a wealthy person, you can be a donor for bedek habayit, for a door, as you say, for the wall of the house. The king most likely does.

Distinction: What One May Do and What One Must Do

But I think that all these halachot mean what one may do, that’s what it means. Except for what one must do. That is, there are things that one must do, like the korbanot one must. That’s a halacha. Even if there is a heter. If the king wants, it makes it obligatory, we learned, one can add for the tzibbur, and one also fulfills. Like the Chasidim who bring the shtei halechem, the tzaddikim, they bring it themselves, and they say they are adding for the tzibbur. And there are those who say that the tzibbur doesn’t agree, that’s already another investigation. Do you understand? According to halacha one may do this.

But what we’re learning, that it must be from the tzibbur. Apparently, the wall of Israel isn’t different that it must be from the tzibbur. It means that it may be from the tzibbur. It doesn’t constitute me’ilah, using money from the Mikdash for the wall. The wall has become sanctified, perhaps it has to do with this.

The Sanctity of Jerusalem

It’s the sanctity of Jerusalem, it could be kodashim kalim. Yes, you’re right. Mikdash, what the Rambam says, I understand now, what the Rambam says that the entire city is Mikdash. It’s true, one eats kodashim throughout the city. And regarding this it says there that the area of the gates was not sanctified so that Egyptians could sit there. Yes, the sanctity of Jerusalem. There is sanctification with the sanctity of Jerusalem, and that means the holy city.

Lakewood the holy city says in your head that one can eat kodashim kalim in Lakewood, and Bnei Brak one can eat kodashim kalim in Lakewood. No, only in Jerusalem. There’s only one holy city, Jerusalem. Holy city means… city of Torah and chassidut they may call it. City of Torah? Yes, could be.

Halacha 8 — A Gentile Who Donated to These Things

Further, the Rambam says thus, we learned earlier that a gentile sends korbanot, and we offer the korbanot. So the zealots among our listeners became a bit agitated. Oy vey! We don’t take from a gentile, we learned explicitly, right? Yes, only from a Jew. A korban tzibbur, a korban yachid he can bring, not a korban tzibbur. But there are things that we don’t take from a gentile under any circumstances.

Goy shehistnadav ma’ot lidevarim halalu, a gentile who wants to donate for the altar, the water system, the built things, we’re going to the last things. We take from a gentile money for a korban, for something that tomorrow is already gone. But something that will remain, it will remain a memorial, we don’t want a memorial to remain in the Beit HaMikdash for a gentile. Oy, oy, oy, ein mekablin mimenu, even a ger toshav, not only a gentile who is completely a gentile, but even a ger toshav who lives among Jews and doesn’t serve idolatry, we don’t take.

Verses from Ezra and Nechemiah

And it says in the verse what happened in the times when Ezra returned to Jerusalem, and the gentiles who lived among them… they wanted to donate for what? Those who came lo lachem v’lanu? v’lachem v’lanu means no, we’re not going to make it a joint effort, lachem v’lanu, that the Jews with the gentiles build a Beit HaMikdash. No, the Beit HaMikdash is built by Jews.

And it says in another verse v’lachem ein chelek u’tzedakah v’zikaron biYerushalayim. It means, whether in the Beit HaMikdash, whether in the Beit HaMikdash, whether in the walls of Jerusalem, we don’t take from a gentile. Very good. And there’s another verse, this is a verse from the returnees from Babylon at the beginning of Sefer Ezra, and afterwards there’s another verse that Nechemiah said, lachem ein chelek u’tzedakah v’zachor miYerushalayim.

Question: But King Solomon and Nechemiah Did Take from Gentiles!

One must say the explanation, I want to say the explanation, because the Ri brings this verse, apparently it means according to the reality. And only the words, what was the incident? There one must understand. King Solomon did take from Chiram, I mean he received from him a portion for building the Beit HaMikdash, and even Nechemiah took from the king of Persia.

Answer: The Historical Incident with the Enemies of Judah

What he means here is thus, the Jews came to Jerusalem, the children of those who returned from exile came, to rebuild Judaism, to rebuild the Beit HaMikdash, and so forth. They were then the enemies of Judah, yes? They had names, it’s all over with Toviah with all kinds of names, and they made all kinds of troubles. They said informing that the Jews are going to rebel, and all kinds of troubles they made for the Jews, yes? Wrote to Haman that Achashverosh shouldn’t allow the Beit HaMikdash etc. etc. So they did constantly, constantly made troubles.

They saw that it’s not working to make troubles, so they got the idea that the halacha is, “You can’t beat them, you join them”. They go, on the contrary, they’ll be part of us, they’ll undermine the city through being, I’ll still donate, afterwards he’ll say I’m donating, and I have a condition that it should be broken a bit, you know? Not how it goes.

So to this Ezra, Toviah, Zerubbabel, with Ezra all said reject the good, do you understand? Lo midevshach v’lo me’oktzach. He knew that this is a, how do you say, an undermining, he didn’t truly mean to help, he just wants to have a foot in. And it’s understood they even had chambers, there were later troubles, there were those who drew close, they gave them a place in the Beit HaMikdash, and Ezra had to make, these are destroyers, these are not good people. We don’t take money from you, you’re going from here we don’t have anything from you at all. Gentiles mean to say this, and don’t allow any foothold for such people who can still use it to undermine.

Parallel to Modern Times

Like the Rebbe said, he may not take money from the state, do you understand? It’s such a thing, because immediately you’ll tell me what to teach in the cheder. That’s true, he says, we won’t get into that. Do you understand the idea?

Other Side: If Gentiles Would Truly Do Teshuva

But it’s not that if it were truly that the gentiles would do teshuva, it would be good, it wouldn’t be the question, I’ll bring out. But what you mean to bring out, apparently it will be relevant that if there’s a wealthy person who is a great egotist, it will be the same law, no difference if it’s a Jew.

General Innovation — Also Relevant for Jews

The halacha is that a Jew always means well. A Jew with chesed is a question, but if he has a track record that he’s an attention seeker, an egotist, and he’s going to interfere in education, and he’s going to sponsor things because he wants to have an opinion, one must also push him away, because tzedakah doesn’t come with ego. Tzedakah is because I submit to the Mikdash, not I submit the Mikdash to me.

Okay, that’s a risk. When one takes money from someone, one must know that you’re giving him that you’re an owner. If he’s a proper Jew, he knows he’s giving for the Mikdash, that’s one thing. If he’s not, he can bring a korban, as we say, he can bring a korban. A korban anyone can bring.

Answers a Previous Question

Ah, very good. It could be that this will actually answer earlier why the inspector of blemishes and the judges of thefts. Because if he must take money from the person who brings the korban, he’ll give him a nudge, a tip, he’ll say yes, it’s kosher. But when he takes the money from the Mikdash, he remains pure from conflicts of interest. Yes, very good. Yes, that’s the point.

Other Side (Continued): If Gentiles Would Agree

Okay, further. Now we’re going to learn… One wants to bring out there that the gentiles can do teshuva. This is not an eternal halacha. If the gentiles will agree one day, go ahead, we’ll take from their money. This I say for the king who wants to give money for the Beit HaMikdash. We agree as long as he can’t write his name on it, do you understand? Yes.

Halacha 9 — Motar Terumat HaLishkah / Kayitz HaMizbe’ach

Now we’re going to learn things that come from the shiyurei halishkah, from the money that lies in the lishkah itself, outside of the boxes, which was a surplus of money. Okay, let’s learn. Yes. Ah, let’s see. Yes, section 9.

Motar terumat halishkah… motar means that there remained in the lishkah more than… not in the lishkah, shiyurei halishkah. It didn’t go into the collection boxes. No, on the contrary. He says, one put in from the lishkah. One made terumat halishkah for the whole year, yes, for the third of the year. When there remained, it came Rosh Chodesh Nissan, there’s still money left. And one doesn’t need to put in from the new. v’chen, motar shiyurei halishkah, this is the total that remains in the lishkah, which wasn’t used.

Ah, very good. So lokchim bo, what does one do with this? one buys beasts, males, v’yikarvu kulam olot, one brings additional olot (burnt offerings).

Why Is It Called Kayitz HaMizbe’ach?

Why is it called kayitz on the altar? Yes, the Rav is going to say himself, it says in the Mishnah, well… it’s a tnai beit din, that is, you’ll ask, the Jews sanctified in order to buy korbanot tzibbur, how is the right given to make some kind of olah? The answer is, the tnai beit din is conditional on all the surpluses, that when he gives a machatzit hashekel, if it will turn out one should offer from it an olat behemah. All the surpluses means in general, not only the machatzit hashekel, as we learned earlier, that all surpluses one makes into an olat behemah.

Aval lo olat ha’of, one doesn’t bring an olat ha’of (bird offering), she’ein bekorbanot hatzibbur of. Generally poor people, korbanot yachid. So these are the korbanot, olot from korbanot habehemah. This answers regarding what we learned earlier, that even one who has a surplus from the nests that one brought for a person, he also brings from a behemah. Why? Because a tzibbur cannot bring any bird.

Explanation of “Kayitz”

The Rambam says, v’elu ha’olot haba’im umotar hashekalim, the olot that one brings from the remaining shekalim, hen kera’im kayitz hamizbe’ach. The remainder, when the altar is empty, when it’s dry. Kayitz means dry. When the altar is dry, it’s a long summer, it becomes hot and dry. Yes?

I hear an explanation, I don’t know. I brought a translation from another translation, that kayitz… ah, kayitz is like… what does one build? Kayitz is figs, yes? One harvests figs. Kayitz is… you spoke, we spoke many times that there are many words for cutting each thing. Each thing also has a season. There is a time called kayitz. There are days of first grapes for example, yes? And there is kayitz. Kayitz means when one cuts the fig trees. They grow later in the summer, approximately now, Elul, Av Elul. And therefore it’s very sweet, because it was in the sun so long. That’s what I mean. In short, that’s called kayitz, as it says before kayitz, what is kayitz? Kayitz I mean I mean that.

And this is the dessert, like the… it’s the dessert for the Blessed One. That days when there aren’t many korbanot yachid, not many korban todot and the like come, one brings a korban obligation, it’s not to fill up. It’s more like one doesn’t need at all, one already had everything, but one brings already, you know what it is already. Anyway, the Rambam… I still understand everything already why it’s called kayitz hamizbe’ach. I, I, sorry, there’s something a Torah in this. So the Rambam brings, one says, but I don’t know, perhaps there’s perhaps a better explanation what this has from kayitz hamizbe’ach. Anyway, this one brings, very good.

Halacha 10 — When Shekalim Are Not Enough

What’s the opposite? Ah, you see what’s the opposite? If there wasn’t enough. Yes, the opposite. Shekalim shelo yaspiku lahem l’chol korbanot hatzibbur. One finished, the lishkah already became empty, and one still needs to bring more korbanot tzibbur. What does one do? Motzi’in et hara’ui mikdashei bedek habayit. One takes money from there where it lies for kodshei bedek habayit. People donated to build, to rebuild the kodshei bedek habayit, and one elevates the money. It means the money now becomes more important. Kodshei bedek habayit is less important than korbanot that one places actually on the altar.

Halacha: Shekalim Shelo Yaspiku Lahem L’chol Korbanot HaTzibbur

Speaker 1: What’s the opposite?

Speaker 2: Ah, you see what’s the opposite? If there wasn’t enough. Yes, the opposite, shekalim shelo yaspiku lahem l’chol korbanot hatzibbur. One finished, the lishkah already became empty, and one still needs to bring more korbanot tzibbur. What does one do? Motzi’in et hasha’ar al kodshei bedek habayit. One takes money from there where it lies for kodshei bedek habayit. People donated to build, to rebuild the kodshei bedek habayit, and one elevates the money.

It means, the money now becomes more important. Kodshei bedek habayit is less important than korbanot that one places actually on the altar. One may take something that one gave for a lesser tzedakah and give for a better tzedakah. But the opposite one cannot.

Aval ein bedek habayit motzi’in et hasha’ar al kodshei hamizbe’ach. If one needs to rebuild something in the Beit HaMikdash, there isn’t enough money in the bedek habayit, one cannot go take from the money that was sanctified for the altar, because the altar is more important, it’s more direct for the holiness. Very good.

Halacha: Misheba Rosh Chodesh Nissan — New Terumah for Korbanot

Speaker 2: Now we’re going to learn the halacha that what? That one must bring new korbanot, and what one does with the old. Already, we learned that the new machatzit hashekel goes for the year of the korbanot.

The Rambam says, misheba Rosh Chodesh Nissan, the first of Adar begins shekalim, and the first of Nissan is already the cut-off date. So from then ein makrivin korbanot hatzibbur ela miterumah chadashah. There’s still old money, still lying in the lishkah, but one doesn’t take from that old money, one takes from the new. If it’s still lying, yes. Im lo ba’ah chadashah, if somehow the new money hasn’t yet arrived, then one cannot stand still, one takes yes from the old money.

Behemot LeTamidim MiTerumah Yeshanah — Podin Otan

Lefikach, im higi’a Rosh Chodesh Nissan v’yesh imahen behemot letamidim miterumah yeshanah, there are still animals for korban tamid from the old terumah. Here we’re not just talking about there being money, but one has already bought animals with the money. What does one do with the animals? One does thus: podin otan v’yotzei lechulin, one redeems them, one sells them, and the money becomes holy, and the animal becomes secular. Af al pi she’ein temimim.

Translation

Usually when you redeem an animal there’s a certain law of… no, usually an animal that is kodesh you’re not allowed to redeem except if it has a blemish that makes it unfit to be offered. That one you do redeem, even if it is. But what do you do? Yes.

What do you do with the money? Terumat yeshen nishar lekayitz hamizbe’ach. The money goes to become for kayitz hamizbe’ach. With the money from the money you buy back animals. In the end it remains the same level of holiness. That means, it’s money that was for animals for temidim, now it goes to become for animals for kayitz hamizbe’ach.

Discussion: Why May One Redeem the Animals?

Speaker 1: Hey, how can one? How can one redeem the animals that were already sanctified for the temidim?

Speaker 2: The answer is… but it could be that this is also somewhat of a downgrade, because what needs to go as temidim for the tamid is more important than a korban. He redeems the animals entirely. From the money he buys he buys. Because the money remains kodesh, and with the money he buys kayitz hamizbe’ach. If the animals he sends out to chulin.

So, tenai beit din hu al kol habehemot shelo kechan lenemudim she’im lo yihyu tzrikhim lahem. Beit din makes a condition, when you buy the animals, that if you’ll use it if there’s as much as you need it. And if not, it will go out to chulin, and the money will then… money is the second thing. Money is simply because it’s money from machatzit hashekel.

Speaker 1: But why can’t you take the animals themselves and bring them for kayitz hamizbe’ach?

Speaker 2: Not clear. Because the animals you already took for temidim and to bring them for kayitz hamizbe’ach would be a weaker level of kedusha. You can redeem it, you can buy back from the same animals tomorrow in any case.

Speaker 1: Good, but why do you need to sell at all? Why don’t you take the animals? And you say, okay, instead of bringing it for a tamid, you’ll bring it for kayitz hamizbe’ach.

Speaker 2: I don’t know, it seems that it’s already become kodesh, it’s already become a tamid as if. You can redeem it. I don’t know if tamid is a greater level than kayitz hamizbe’ach. Tamid is certainly a greater level. An obligation, and the kayitz hamizbe’ach is just such. That’s the point. Yoter lekholel doesn’t mean that it goes light lekholel. It’s so direct that you may redeem it. Just with redeeming it so.

Speaker 1: Actually why, but all these things that it says beit din mesater, doesn’t mean that the beit din needs to stand and make and dream for years. Beit din means to say what it was that one understands.

Speaker 2: Yes, the instructions don’t go like that. Vekha chinu oten? The same thing we did yes, further. So this is regarding the animals, the temidim, vekhen haya osin.

Law: Motar Haketoret (Leftover Incense)

Speaker 2: Yes, says the Rambam, ve’ata vekhakh haya osin umotar haketoret. Ketoret also, apparently, you learn, ketoret comes from the… yes, vekhen haya osin umotar haketoret. The money from the machatzit shekel you buy a lot of ketoret. But what happens when there’s leftover extra ketoret? Because you took down melo chofnav, and there always remained a little extra. You always filled more so that you could take down melo chofnav, and it remains over.

Speaker 1: Yes, you remember though not just that, that they used to make like you learn every day in the ketoret, they used to make a big batch of ketoret every year. I don’t know when, every year they made a… of three hundred sixty-five manim, usheloshim manim yeteirim shemehen mekhnis kohen gadol, yes? That means, lo chofno until Yom Kippur, every day you take a kaf. So, you understand? It comes out that if there was a simple year, it wasn’t me’uberet, there was more. It remained over. Every year, what’s correct?

Speaker 2: Yes. Every normal year they made three hundred sixty-five, three hundred sixty-eight, because plus Yom Kippur, and it remained for the next year, if it wasn’t a leap year, there remained at least eleven pieces of ketoret. So what do you do?

Speaker 1: Yes, what do you do with the leftover ketoret?

The Order of Mechalelin Motar Haketoret (Redeeming Leftover Incense)

Speaker 2: Says the Rambam like this, mishehegia rosh chodesh nisan, the new year, is… from the new year you buy new ketoret. You’re now left over with old ketoret. Umechalelin ota al sekhar ha’omanin. You learned earlier that you pay money for the osei haketoret. Okay. So you take the… you take the ketoret and you sell it off, the craftsmen who receive the wages buy off the extra ketoret. Vechozrim venotnim sekharan lekayitz hamizbe’ach. The money also goes to, like all money goes for the leftovers, goes for kayitz hamizbe’ach.

The craftsmen go and they sell the motar haketoret back to the Beit Hamikdash, and it becomes like fresh ketoret. Venotnim la’omanin motar haketoret beskharan. The craftsmen still need to receive money. So instead of the money, their money was taken and it was given for kayitz hamizbe’ach. What do you do? You give them the extra ketoret. They take off the old ketoret, this is as their wages they take it, and they go and they sell the motar haketoret to the treasurers of the Beit Hamikdash, and you then make it fresh ketoret. Chozrim velokchim haketoret mehem biteruma chadasha kedei lehakriva. You make new leftovers.

Discussion: Why Do It Through Sekhar Ha’omanin (Craftsmen’s Wages)?

Speaker 1: What is this like? You can’t take old ketoret, you need to take ketoret that you now bought in honor of the new year. But you don’t need to now go… what do you do with the motar haketoret? You can’t just go throw it out.

Speaker 2: So there’s such an interesting chiddush that you do. You take the ketoret money, and you are mechalel it on money that the craftsmen need to receive. It’s the ketoret money. By the ketoret itself, yes, hey you redeem it. In short, you take the ketoret, and what? The craftsman. And the craftsman gives money. Or the money that is mekudash for the craftsman, yes, that the treasurer has money that stands there on the envelope. In short, it’s one money, yes.

And you go, what do you do now with the money? The money you do like all other money from motar, and from where do the craftsmen now get money? They gave away the money for kayitz hamizbe’ach. The craftsmen receive the ketoret, the ketoret that have now become chulin. They now receive the ketoret, and they go and they sell it to the treasurer of the Beit Hamikdash for new ketoret. They receive money, and the ketoret now becomes new ketoret that you now bought for the new year. You sell it again, you sell it again. That’s the point.

Speaker 1: Why do you do it this way?

Speaker 2: It says there in the commentators that it’s a more refined way of paying the osei haketoret. But just to be clear, besides that you pay them like this as if, it’s also a simple thing, you sell it, you understand.

Three steps you can say here. One, that the motar money goes for kayitz hamizbe’ach, like all motar money from the previous machatzit hashekel. The second step is that the new ketoret is from the new year further, because the previous ketoret became finished. You buy it back. And the third step is that the sekhar ha’omanim you don’t receive directly from money from the lishka.

You need to know exactly the oseh haketoret it’s better that he doesn’t receive the worst. It doesn’t say that always he doesn’t receive money like that. This is with the year. He can receive money just like that. He receives money just like that. Then you do it with the sekhar ha’omanim.

Speaker 1: Why do you do it with the sekhar ha’omanim not with just such money? What comes in the craftsmen here? This is as if relevant.

Speaker 2: Actually, what you’re seeking here to explain, when you understand is, we want to use the same ketoret, we don’t want the ketoret would go to chulin. Why not? Something not any way. So comes the end, the bo mitzvah, chada, whatever, the ketoret has for him no ketoret. You made the ketoret.

Speaker 1: No, it was made with the calculation, you made the ketoret. Three hundred sixty-five. It comes out, when it should be a leap year, we must have the ketoret, because there won’t be enough. You say, you can make more?

Speaker 2: I don’t know, the order goes something like this. So you need to have it but you can’t use from the old teruma, you must sell it and buy it back for a new teruma. And in between you also give the craftsman money for this. I don’t know why it works out. Why does it work out? Do you imagine it like this? I remember in the commentary on a Mishna is that it’s more of a kavod that you don’t give money directly from the lishka.

Speaker 1: You need to know why all others, the poor… a whole year you give him yes money, but this I say, just once a year you give him no money. This is the honor of their year. From a little ketoret? I don’t know here. Do you know something the worth of the Bora’s kerosene?

Speaker 2: I have no idea. So. Okay. There’s drama.

Speaker 1: On whom? I learn around bechadasha if the new money shouldn’t come in yet.

Speaker 2: No, so further you can’t call. No, if you’ll already come in the new machatzit hashekel. If you said the same law like the korbanot, he means to say the same law that it’s not me’akev, you can take it if you don’t have new, you can from the old.

Summary: The Three Parts of Hilkhot Shekalim

Speaker 2: And here we have finished the laws of shekalim. That means, shekalim is actually three different laws. That means, there are the laws that a Jew needs to separate shekalim, yes? Two other laws, because the laws, yes? What did we learn?

What a Jew needs to separate shekalim, who needs to separate, and how much, and so on. Ah, two, three, I want to say three. Yes. After that there’s the order of the teruma, the order where the money is brought, and all the chambers, and all kinds of activities. And the third thing is what you do with it.

In between there are more laws, what happens if it’s lost, or gets stolen, and the like. But these are the three parts of hilkhot shekalim. You need to give shekalim, there’s a whole order of, and you do something with it, you buy with it korbanot, and all the other things that we learned now in this section, and with this we finish barukh rachmana that. Siyum.

Barukh Rachmana Desayan

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