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Kollel Iyun Hadaf, Jerusalem
(a) Rav Ami asked whether the four things in our Mishnah which are not subject to Ona'ah, are subject to Bitul Mekach. If they are - this means that if the excess charge amounts to more than a sixth, the sale will be void.2)
(a) Rebbi Yonah quoting Rebbi Yochanan says 'Ona'ah Ein Lahem, Bitul Mekach Yesh Lahem' with regard to Hekdesh. Rebbi Yirmiyah quoting Rebbi Yochanan, says it - with regard to Karka.3)
(a) The Mishnah in Temurah say about someone who declares on a blemished Hekdesh animal 'Harei Zu Mechulal al Zu', Yotzei le'Chulin, ve'Tzarich La'asos Lo Damim'. The latter statement means - that if the Chulin animal is worth less than the Hekdesh one, he remains obligated to make up the difference to Hekdesh.4)
(a) According to Rebbi Yonah therefore - we switch the opinions, Rebbi Yochanan holds 've'Tzarich La'asos ... ' is d'Oraysa, and Resh Lakish, de'Rabbanan. Note, since we are now speaking about Bitul Mekach, 've'Tzarich La'asos ... ' must be a matter (not of adding money to make up the difference, but) of ensuring that the Chulin animal is of equal value to start off with.5)
(a) Alternatively, they argue over bi'Ch'dei Ona'ah, and it is not necessary to switch their opinions. And we answer the original Kashya (that Hekdesh is not subject to Ona'ah) by establishing the Machlokes like Rav Chisda - who explains 'Ein Lahem Ona'ah' to mean 'Einan be'Toras Ona'ah', meaning that Hekdesh can retract even for the slightest discrepancy in price, even if it is less than a sixth.
(a) Rav Chisda explains ...7)1. ... the Reisha of the Beraisa 'Ribis ve'Ona'ah le'Hedyot, ve'Ein Ribis ve'Ona'ah le'Hekdesh' - like he explained our Mishnah 'Ein Ribis ve'Toras Ona'ah le'Hekdesh'.(b) The Tana did not add 'Zeh Chomer be'Hekdesh mi'be'Hedyot' with regard to Ona'ah (despite the fact that Hekdesh there is more stringent than Hedyot) - because 'Zeh' implies that this case is unique, whereas in reality, there are numeroous cases where that is so.
(a) The problem with establishing Ribis by Hekdesh when the treasurer lent someone a hundred Zuz for a hundred and twenty is - that then the money would go out to Chulin, and would indeed be subject to Ribis as the property of the Gizbar (the treasurer).8)
(a) We establish the case of Ribis by someone who undertook to supply flour for the Menachos and the price rose from four Sa'ah per Sela to three, or dropped from three to four. Either way - the supplier is obligated to supply four Sa'ah (because we have a principle that Hekdesh is never the loser).9)
(a) Rav Papa establishes the case when the Gizbar lent someone stones for building, on interest. He is not Mo'el because Shmuel said - 'Bonin be'Chol, ve'Achar-Kach Makdishin' (which means that they would obtain all building materials on credit, and not declare them Hekdesh until the work was complete. Only then, would they pay for the materials which then became sanctified.10)
(a) The Tana of our Mishnah also precluded the four things (Karka'os, Avadim, Sh'taros and Hekdesh) from the Din of Kefel, and he learns the first three from a 'K'lal u'Prat u'K'lal', from the Pasuk in Mishpatim. (in connection with To'en Ta'anas Ganav or Ganav himself). "al Kol D'var Pesha" is the first 'K'lal', and "al Kol Aveidah Asher Yomar" is the second. The Tana learns from the P'rat "al Shor, al Chamor, al Seh al Salmah" to preclude ...11)1. ... Karka'os - because the P'rat is movable, whereas they are not.(b) He precludes Avadim - because they are compared to Karka (as we explained earlier).
(a) The Tana learns from ...Next daf1. ... a 'K'lal u'Prat u'K'lal' from the Pasuk (also in Mishpatim, in connection with a Shomer Chinam) "Ki Yiten Ish el Re'eihu (K'lal) Kesef O Keilim (P'rat) Li'shmor (P'rat)" - that a Shomer Chinam is Patur from swearing on Karka'os, Sh'taros and Avadim.(b) And he learns from a 'K'lal u'Prat u'K'lal' from the Pasuk (also in Mishpatim, in connection with a Shomer Sachar) "Ki Yiten Ish el Re'eihu (K'lal), "Chamor O Shor O Seh" (P'rat), ve'Chol Beheimah Li'shmor" (K'lal) - that a Shomer Sachar is exempt from paying in all four cases.