The Mishna in Shekalim writes that although a katan is
exempt from the mitzvah of giving machtzis hashekel, if he voluntarily gives,
his money is accepted. The Sha’ar
haMelech asks: M’doraysa a katan has no power to be makneh anything to others. Therefore, the machtzis hashekel money which he gives is
owned by hekdesh only m’derabbanan. Since korbanos tzibur
must be bought from the public funds, funds that belong to the tzibur, how is
the tzibur yotzei if they use this machtzis hashekel that (m’doraysa) still
belongs to the katan?
The Sha’ar haMelech’s suggests that the katan’s
machtzis hashekel is but a drop in the bucket compared with thousands of other
shekalim donated and is therefore bateil b’rov.
Many Achronim since have debated how to make sense of this chiddush. The gemara in Beitzah (38) writes that if I contribute some
ingredients to a Yom Tov dish you are cooking, you can’t move the dish outside
the limits of my techum; my portion of the ingredients are not bateil. Just because most of the dish belongs to you
doesn’t mean the entire dish belongs to you.
So how is it that just because the majority of the shekalim funds used to buy korbanos belong to the
tzibur, the percentage that may belong to a katan can be ignored? Aside from the gemara, it’s hard to understand
how logically the sevara works. If I mix
$10 of yours with a bunch of other bills in my wallet, does your $10 become
mine because it is bateil b’rov? Of
course not. Ownership cannot be
bateil. What does the Sha’ar haMelech
mean?
(Aside from the dinei mamonos issue, there is an issue that
impacts issur v’heter here as well. Oneg Yom Tov discusses whether bitul b’rov
helps in a case where strings for tzitzis not made lishma become mixed into a
rov of those that were made lishma – does bitul mean that the miyut takes on
the properties of the rov, or does bitul simply render a miyut as if it did not
exist? It seems that the Sha’as haMelech
comes down squarely on the side of saying that the miyut takes on the property
of the rov, meaning the money of the katan is treated a tzibur money because
that is the quality of the majority of funds.)
I think the easiest answer in a nutshell is that the difference between the gemara in
Beitzah and this din in Shekalim is that the gemara is speaking about bitul
b’rov – when a whole mixture is present, is a miyut counted apart from the
whole? The Sha’ar haMelech’s question is
one of kol d’parish – when the gizbar pulls a bunch of coins from the lishka to
buy new korbanos (terumas halishka), is there a potential “bad” shekel that
belongs to a katan in the mix? These are
two different issues entirely. To return
to the analogy of a wallet, it’s true that if you take your friend’s $10 and
mix it into your wallet, that $10 doesn’t become yours, but that doesn’t change
the fact that if you pull put a $10 bill at random, odds are that it is one that truly is yours
and not the bill you took from your friend.
But again, lots of bigger minds than mine have what to say on these
issues (and yes, the Mishna at the end of Me'ila will pose a problem that I don't have time to work out right now.)
before the katan joins (or not) the tzibur to own
ReplyDeletekorbonos, he joins the tzibur to buy them, & a
"korban tzibur is not [bought]...by the sum of the individuals who contribute to its being offered, but is [bought]...by the collective
entity called 'tzibur' that is greater than the
sum of its parts"
>>> how is the tzibur yotzei if they use this machtzis hashekel that
ReplyDelete(m'doraysa) still belongs to the katan?
his transfer of ownership here is the least of transfers:
kee meemcha ha'kol u'mi'yadcha nawsanu lach, Divrei Ha'yamim 29:14
(perhaps too, the katan is least likely to say in his heart, kochi
v'otzem yawdi awsaw lee es-ha'chayil hazeh [Devarim 8:17]?)