1MISHNAH: The excess of sheqalim is profane 74 Mishnah 3 . . The excess of a tenth of an ephah 75 Either the daily offering of the High Priest, which is the only obligatory offering by a single person which is neither a purification nor a reparation offering, or the purification offering of the very poor, Lev. 5:11 . , the excess of nests 76 Couples of pigeons or turtle doves, needed to permit the person access to sancta . of male sufferers from gonorrhea 77 Lev. 15:14 . , the nests of female sufferers from flux 78 Lev. 15:29 . , the nests of women after childbirth 79 Lev. 12:8 . , or purification offerings, or reparation offerings, their excesses are gift 41 Meaning the coins given as sheqel . . This is the principle: of anything brought for a sin or as reparation the excess is gift. The excess 94 In all these cases the money was saved for the purpose of a certain type of sacrifice. If not all the money was actually used, the excess may be used later for the same purpose. It cannot return to profane status since “a promise to Heaven is like delivery to an individual”. of elevation sacrifices is for elevation sacrifices, the excess of flour offerings is for flour offerings, the excess of well-being sacrifices is for well-being sacrifices, the excess of Pesaḥ is for well-being sacrifices. The excess of nezirim is for nezirim , the excess of a nazir 95 If money was collected in order to help any nazir who might apply for a subsidy for the cost of his sacrifices, the money remain in its status even if not used in the time frame originally envisaged. But if money either was set aside by a nazir himself or it was given to him personally for his sacrifices and not completely used, the excess goes to the Temple’s gift account. is for gift.
2HALAKHAH: “The excess of sheqalim is profane,” etc. Rebbi Yasa 81 While all sources have “R. Yose”, the reading must be R. Yasa, a Babylonian early enough to have visited Samuel’s academy. The name is spelled correctly at the end of the Halakhah. said, when I still was there, I heard the voice of Rav Jehudah asking Samuel, if somebody had set his sheqel apart and died? He told him, they shall fall to gift 82 Since the monies were set aside for the sheqel and “a promise to Heaven is like delivery to an individual” ( Mishnah Qiddušin 1:6 ), they are Temple property. Since they are not sheqalim they must be given to the Temple account into which all Temple monies not otherwise specified are collected. . The excess of his tenth of an ephah , Rebbi Joḥanan said, one shall bring them to the Dead Sea 83 If this refers to the daily offering of the High priest and the High priest had died, then the monies cannot be used in the Temple since possibly they were not dedicated; they cannot be used as profane since possibly they were dedicated. They have to be destroyed. . Rebbi Eleazar said, it shall fall to gift. The Mishnah disagrees with Rebbi Joḥanan 84 The reading of B is “disagrees with both of them”. : “The excess of sheqalim is profane The excess of a tenth of an ephah , the excess of nests of male sufferers from gonorrhea, the nests of female sufferers from flux, the nests of women after childbirth, or purification offerings, or reparation offerings, the excesses are gift.”. What does Rebbi Joḥanan do with this? He explains it as excess from the tenth of an ephah of the purification offering of any one in Israel 85 This seems to be required by the wording of the Mishnah, which decrees that the excess of monies for the tenth of an ephah is Temple property but allows only excess of purification or reparation sacrifices to be so taken. The High Priest’s flour offering is neither of these; therefore the Mishnah cannot include it. The reading of B implies that R. Eleazar identifies that tenth of an ephah as the High Priest’s offering. .
386 This and the next paragraph also appear in Pesaḥim 5:1, Notes 80–97 , where also the readings of B are noted (ג is unreadable or lacunary for the present paragraph.) Only the most necessary notes are given here, the remainder should be consulted there. Rebbi Joḥanan said, about this Abba bar Abba enlightened me, for they are saying, from where that Pesaḥ is changed into the denomination of well-being sacrifices? The verse says 87 Lev. 3:6 . , and if his sacrifice be from small cattle as meal well-being offering ; anything from small cattle comes as well-being offering. They objected, is there not an elevation offering from small cattle? Anything which only comes from small cattle; this eliminates the elevation offering which even may come from large cattle. They objected, is there not reparation offering? Rebbi Abun bar Cahana said, “ from small cattle ”. this eliminates the reparation offering, which only comes from rams. Everywhere you are saying that מִן (is to include) [is to exclude], but here you are saying that (מִן is to exclude) [is to include] 88 The text is difficult since it is standard rabbinic interpretation to consider prefix mem or מִן as privative, excluding certain categories (cf. Šabbat 7 Note 26 , Ševuot 1:2 Note 75 , Bava Meṣia` 4:8 Note 122, Nazir 5:4 Note 105 ). Also in the next sentence, R. Mana gives the interpretation that here מִן is privative. On the other hand, the testimony of the scribe’s two texts, the Genizah fragment available for Pesaḥim , and the Munich ms. of Šeqalim do not permit emendation. It seems that here “every where” is derogatory, meaning Babylonian. The sequence of arguments leads to a contradiction. Abba bar Abba treats מִן as inclusive, R. Abun bar Cahana as exclusive. R. Mana explains that מִן always is partitive; automatic switch to well-being offerings is possible only for sacrifices that totally correspond to the declaration צאן, i. e., both sheep and goats, male and female. . Rebbi Mana said, (it excludes it,) [here also מִן is to exclude: It excludes in that it may not be brought two years old; it excludes that it cannot be brought female; and for a reparation offering also it excludes] 89 Corrector’s addition from B. since it only comes from rams. They objected, is there not written, 90 Lev. 1:10 . and if his sacrifice be from small cattle, from sheep or goats, as elevation offering ; then excess Pesaḥ should become elevation offering? Rebbi Abun said, one changes something to be eaten into something to be eaten, but one does not change something to be eaten into something not to be eaten. Rebbi Yose ben Rebbi Abun said, one changes simple sancta into simple sancta , but one does not change simple sancta into most holy sacrifices. Rebbi Joḥanan said, about what Rebbi Ḥanina enlightened, that they are saying, Pesaḥ is changed into a well-being offering only if he slaughtered it for the purpose of well-being offering; but I am saying, even for the purpose of an elevation offering. Rebbi Illa said, the reason of Rebbi Joḥanan: And if his sacrifice be from small cattle as meal well-being offering 87 Lev. 3:6 . ; anything to be consumed as sanctum is a well-being offering. Does it change with respect to disqualifying thoughts 91 If the animal dedicated as Pesaḥ is used against the rules for something other than a well-being offering, do the rules of the other kind apply or is it disqualified and no rules of intent apply? ? How is this? If he slaughtered it for the purpose of an elevation offering in order to pour its blood the next day. In any case, it is disqualified. If you are saying that it changes with respect to disqualifying thoughts, it is piggul 92 If the animal still is a sacrifice, now under the rules of elevation sacrifices, the intention to perform any required action out of its prescribed time-frame is piggul , a deadly sin causing extirpation. . If you are saying that it does not change with respect to disqualifying thoughts, it is disqualified 93 If the animal is disqualified and not under the rule of any kind of sacrifice, the illegitimate intent is inconsequential. .
494 In all these cases the money was saved for the purpose of a certain type of sacrifice. If not all the money was actually used, the excess may be used later for the same purpose. It cannot return to profane status since “a promise to Heaven is like delivery to an individual”. For its purpose and not for its purpose on the other days of the year? Rebbi Abun bar Ḥiyya in the name of Samuel bar Abba: Since it is left without a name it is as if from the start he slaughtered for its purpose and not for its purpose in silence and is qualified. They said to him. if it is so, even if he slaughtered for its purpose to pour the blood not for its purpose it should be treated as if from the start he slaughtered for its purpose and not for its purpose in silence and be qualified. Rebbi Abba Mari said, who says that in silence it is qualified? Or may we say, in silence it is disqualified?
596 This text also is in Nazir 4:4 (Notes 61–72 , נ ) which probably was the source. Mishnah Nazir 4:4 deals with the case of a married woman who made a vow of nazir and started putting aside money for her required sacrifices when her husband dissolved her vow. Then she no longer is nezirah and therefore cannot bring the sacrifices, but the monies remain dedicated. The Mishnah states: “If she had money not designated, it should be given to the gift account. If the monies were designated, the value of the purification offering shall be thrown into the Dead Sea; one may not use it but there can be no me`ilah . For the value of the elevation offering, they shall bring an elevation offering; it is subject to the law of me`ilah . For the value of the well-being offering, they shall bring a well-being offering, to be eaten on one day; it does not need bread.” Money not designated is money for which it never was decided for which kind of sacrifice it should be used. Rav Ḥisda said, only if his purification offering was presented last. But if his well-being offering was presented last, what is left over is for a well-being offering 97 If monies were collected to help indigent nezirim with the expenses of their sacrifices but not all was used, the remainder has to be kept in trust to be used in the future for the same purpose. But if a person dedicated his own money for his sacrifices and had money left over, if the last sacrifice bought was of the most holy kind, the leftover money is of the same kind and has to go to the account for elevation offerings. But if the leftovers are of a well-being sacrifice, a “simple sanctum ” which may be consumed by lay people, the monies have to be used for a simple sanctum . . Rebbi Ze`ira said, even if his well-being offering was presented last, it is a general rule for a nazir that his leftover be for the gift account 98 Mishnah Me`ilah 3:2, overriding the general rule of Mishnah 2:6 . In the Babli, Nazir 25a , the statement is attributed to R. Joḥanan. . A baraita supports one and a baraita supports the other. A baraita supports Rebbi Ze`ira: “The following are not designated monies: any which contain money for purification offerings should be left to die. Even if he designated money for purification offerings that should be left to die, it remains not designated 98 Mishnah Me`ilah 3:2, overriding the general rule of Mishnah 2:6 . In the Babli, Nazir 25a , the statement is attributed to R. Joḥanan. .” A baraita supports Rav Ḥisda: “This is for my purification offering and the rest for my nezirut . Then he died. One commits larceny with all of them but not with part of them.” It does not say, when he died it should be given to the gift account100.