The Daf Yomi is currently holding in the sugya of whether stam charamim go to the kohanim or to bedek habayis. After discussing the practices of various Amoraim (Rav, Ula), the gemara (Archin 29) asks why these Amoraim needed to debate the issue -- there is a braysa that tells us that the whole parsha of charamim is applicable only when yovel is in force, which was not the case during the time of the Amoraim.
Rashi learns that the gemara's question was directed equally to those who hold stam charamim go to bedek habayis as well as those who hold it goes to the kohanim. The question of what to do with charamim is moot so long as there is no yovel and the laws of charamim are not in force. The Rambam, however, paskens that only charamim of kohanim are in limited to when yovel is in force, but charamim that go to bedek habayis apply at all times.
The Brisker Rav explains the debate with the following chakirah: Does the din of "stam charamim go to bedek habayis" just mean that bedek habayis instead of the kohein is the pocket into which this type of cheireim donation gets deposited, or does the din mean that these type of charamim are not really charamim at all, but are categorically a type of hekdesh? Does the din mean chermei bedek habayis share a quality of hekdesh l'bedek habayis, or these charamim are hekdesh to bedek habayis?
According to Rashi, charamim to bedek habayis are categorically still part of the world of charamim and therefore apply only when yovel is in force. According to the Rambam, charamim to bedek habayis are hekdesh, not governed by hilchos charamim, and therefore their halachos apply at all times.
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(the Levi'im are as the firstborn
ReplyDeleteof Israel; bnei Israel have learned that these "firstborns" are not to receive individual portions in the land like themselves; thus giving ancestral fields to Kohanim is in a way to redefine the status of the parties to the exchange: the Levite is now landed like the common man, the Israelite landless like the priest; it seems that the identity of the "firstborn"-- so unclear in Bereishis-- is somewhat disguisedly still in play!)