Arakhin 5:4-5
משנה ערכין ה:ד-ה
Seder: Kodashim | Tractate: Arakhin | Chapter: 5
📖 Mishna
Mishna 5:4
משנה ה:ד
Hebrew:
הָאוֹמֵר, עֶרְכּוֹ שֶׁל פְּלוֹנִי עָלָי, מֵת הַנּוֹדֵר וְהַנִּדָּר, יִתְּנוּ הַיּוֹרְשִׁין. דָּמָיו שֶׁל פְּלוֹנִי עָלָי, מֵת הַנּוֹדֵר, יִתְּנוּ הַיּוֹרְשִׁין. מֵת הַנִּדָּר, לֹא יִתְּנוּ הַיּוֹרְשִׁין, שֶׁאֵין דָּמִים לַמֵּתִים:
English:
With regard to one who says: It is incumbent upon me to donate the valuation of so-and-so, and both the one who vowed and the object of the vow die, the heirs of the one who vowed must give the valuation of the object of the vow to the Temple treasury. With regard to one who says: It is incumbent upon me to donate the assessment of so-and-so, and the one who vowed dies, his heirs must give his assessment to the Temple treasury. If the object of the vow dies, the heirs of the one who vowed need not give his assessment to the Temple treasury, as there is no monetary value for the dead.
קלאוד על המשנה:
This mishna highlights a fundamental distinction between two types of Temple donations: valuations (ערכין) and assessments (דמים).
A valuation is a fixed amount determined by the Torah based solely on the age and gender of the person being valued (as outlined in Leviticus 27:1-8). Since this amount is fixed by Torah law and does not depend on the actual market value of the person, the obligation remains binding even after death. The heirs inherit not just assets but also liabilities, so they must pay.
An assessment, however, is based on the person’s actual market value—what they would fetch if sold as a slave. Once someone dies, they have no market value whatsoever. A dead person cannot be sold. Therefore, if the person whose assessment was pledged dies before payment, the obligation simply evaporates because its basis no longer exists.
Think of it like this: if you promised to donate “the price of my neighbor’s car,” and the car gets totaled before you pay, there’s no longer any car to price. But if you promised to donate “50 dollars” while pointing at the car, you still owe the $50 regardless of what happens to the car.
Key Terms:
- ערך (Erekh) = Valuation; the fixed Torah amount based on age and gender
- דמים (Damim) = Assessment; market value as if sold as a slave
- נודר (Noder) = The one who vows (the person making the pledge)
- נידר (Nidar) = The object of the vow (the person whose value is being pledged)
- יורשין (Yorshim) = Heirs; those who inherit both assets and liabilities
Mishna 5:5
משנה ה:ה
Hebrew:
שׁוֹר זֶה עוֹלָה, בַּיִת זֶה קָרְבָּן, מֵת הַשּׁוֹר וְנָפַל הַבַּיִת, אֵינוֹ חַיָּב לְשַׁלֵּם. דְּמֵי שׁוֹר זֶה עָלָי עוֹלָה, אוֹ דְּמֵי בַיִת זֶה עָלָי קָרְבָּן, מֵת הַשּׁוֹר וְנָפַל הַבַּיִת, חַיָּב לְשַׁלֵּם:
English:
In the case of one who says: This bull is consecrated as a burnt offering, or: This house is consecrated as an offering, and the bull died or the house collapsed, he is exempt from paying his commitment. But in the case of one who says: It is incumbent upon me to give this bull as a burnt offering, or: It is incumbent upon me to give this house as an offering, if the bull died or the house collapsed, he is obligated to pay its value.
קלאוד על המשנה:
This mishna teaches a crucial distinction in the language of vows that has practical consequences: the difference between direct consecration and personal obligation.
When someone says “This bull is a burnt offering,” they are making a declaration about the status of the bull itself. The bull becomes sacred property (הקדש). If the bull then dies, it was the Temple’s loss—the person fulfilled their vow the moment they spoke, and what happens afterward is not their responsibility.
However, when someone says “It is upon me to bring this bull as an offering,” they are taking a personal obligation upon themselves. The specific bull they pointed to was merely an intended means of fulfilling that obligation. If that bull dies, the obligation remains on their shoulders. They must now provide the Temple with the monetary equivalent, because they promised to give something and have not yet delivered.
This is similar to the difference between saying “This painting is yours” (immediate transfer of ownership) versus “I will give you this painting” (promise to transfer in the future). In the first case, if the painting is destroyed while in transit, it’s the recipient’s loss. In the second case, if it’s destroyed before delivery, the promiser must still fulfill their commitment, perhaps by providing compensation.
The mishna reinforces that Torah law pays careful attention to the precise language of vows and obligations. Words matter—they create different legal realities.
Key Terms:
- עולה (Olah) = Burnt offering; entirely consumed on the altar
- קרבן (Korban) = Offering; general term for Temple sacrifices
- הקדש = Consecrated property; items belonging to the Temple
- עלי (Alai) = Upon me; language of personal obligation