Arakhin 6:4-5
משנה ערכין ו:ד-ה
Seder: Kodashim | Tractate: Arakhin | Chapter: 6
📖 Mishna
Mishna 6:4
משנה ו:ד
Hebrew:
הָיָה מִין אֶחָד מְרֻבֶּה וּמִין אֶחָד מֻעָט, אֵין אוֹמְרִים לוֹ לִמְכֹּר מִן הַמְרֻבֶּה וְלִקַּח לוֹ מִן הַמֻּעָט, אֶלָּא נוֹתְנִין לוֹ שְׁנֵי מִינִין מִן הַמְרֻבֶּה וְכֹל שֶׁיֶּשׁ לוֹ מִן הַמֻּעָט. הַמַּקְדִּישׁ אֶת נְכָסָיו, מַעֲלִין לוֹ אֶת תְּפִלָּיו:
English:
If one had many tools of one type and few tools of one other type, e.g., three adzes and one saw, he may not say to the treasurer to sell one tool of the type of which he has many and to purchase for him one tool of the type of which he has few. Rather, the treasurer gives him two tools of the type of which he has many and he retains whatever he has of the type of which he has few. In contrast to one whose property is repossessed to pay valuations, from one who consecrates all his property, the treasurer takes his phylacteries, as they are included in the category of all his property.
קלאוד על המשנה:
This mishna addresses two distinct points about property seizure—one about tool allocation and another about a surprising distinction regarding tefillin.
The Tool Distribution Rule: When a craftsman has an uneven distribution of tools (say, three adzes but only one saw), the Temple treasurer cannot strategically sell and buy to optimize. Instead, the rule is simple: keep two of the abundant type and all of the scarce type. This prevents the treasurer from getting involved in complex economic calculations and keeps the process straightforward.
The Tefillin Distinction: Here the mishna draws a crucial distinction between two types of property loss:
- Repossession for unpaid valuations (משכון): The debtor keeps his tefillin because they’re essential religious items
- Voluntary consecration (הקדש): The tefillin are taken because the person explicitly consecrated “all” their property
This distinction reveals an important principle: when the Temple seizes property to collect a debt, it must leave religious necessities. But when someone voluntarily consecrates everything, their own declaration includes even sacred items. The person’s intent matters—they chose to give everything, including their tefillin.
This creates a practical problem: the person now needs tefillin but gave theirs away. The implication is that they must acquire new ones, reminding us that consecrating “everything” has real consequences.
Key Terms:
- מין מרובה (Min Merubeh) = Abundant type; many of one kind
- מין מועט (Min Mu’at) = Scarce type; few of one kind
- מעלין (Ma’alin) = They take up; they collect
- תפילין (Tefillin) = Phylacteries; religious items worn during prayer
- מקדיש (Makdish) = One who consecrates; dedicates to Temple
- ממשכנין (Memashkenin) = They repossess; seize for debt collection
Mishna 6:5
משנה ו:ה
Hebrew:
אֶחָד הַמַּקְדִּישׁ אֶת נְכָסָיו, וְאֶחָד הַמַּעֲרִיךְ אֶת עַצְמוֹ, אֵין לוֹ, לֹא בִכְסוּת אִשְׁתּוֹ, וְלֹא בִכְסוּת בָּנָיו, וְלֹא בַצֶּבַע שֶׁצְּבָעָן לִשְׁמָן, וְלֹא בְסַנְדָּלִים חֲדָשִׁים שֶׁלְּקָחָן לִשְׁמָן. אַף עַל פִּי שֶׁאָמְרוּ, עֲבָדִים נִמְכָּרִים בִּכְסוּתָן לְשֶׁבַח, שֶׁאִם תִּלָּקַח לוֹ כְסוּת בִּשְׁלֹשִׁים דִּינָר, מַשְׁבִּיחַ הוּא מָנֶה, וְכֵן פָּרָה, אִם מַמְתִּינִים אוֹתָהּ לָאִטְלִיס, מַשְׁבַּחַת הִיא, וְכֵן מַרְגָּלִית, אִם מַעֲלִין אוֹתָהּ לַכְּרָךְ, מַשְׁבַּחַת הִיא, אֵין לַהֶקְדֵּשׁ אֶלָּא מְקוֹמוֹ וְשַׁעְתּוֹ:
English:
Both in the case of one who consecrates his property and the case of one who valuates himself, when the Temple treasurer repossesses his property he has the right to repossess neither the garment of his wife nor the garment of his children, nor the dyed garments that he dyed for their sake, even if they have yet to wear them, nor the new sandals that he purchased for their sake. Although the merchants said: Slaves are sold in their garments for profit, as if a fine garment worth thirty dinars would be purchased for him, his sale price appreciates by one hundred dinars; and likewise with regard to a cow, if one waits to sell it until the market day, when demand is high, its sale price appreciates; and likewise with regard to a pearl, if one brings it to sell it in the city, where demand is high, its sale price appreciates; nevertheless, one does not make such a calculation in this case. Rather, the Temple treasury has the right to collect the item based only on its current location and its price at the present time.
קלאוד על המשנה:
This mishna establishes two important principles: family property protection and the “as-is” valuation rule.
Family Property Protection: Items designated for wife and children—their clothing, dyed fabrics prepared for them, sandals purchased for them—belong to them, not to the husband/father. Even though he technically paid for these items, once designated for family members, they’re no longer “his property” to consecrate or have seized.
This reveals an important concept: intent of acquisition matters. If you buy something “for” someone else, it’s considered theirs even before physical transfer. The dyed fabrics haven’t been made into clothes yet, the sandals haven’t been worn, but the designation “for their sake” (לשמן) transfers ownership.
The “As-Is” Valuation Rule: The mishna then addresses a merchant’s insight: presentation and timing dramatically affect price. A well-dressed slave sells for more. A cow fetches higher prices on market day. A pearl is worth more in the city.
Despite this economic reality, the Temple takes property at its current value “in its place and time” (מקומו ושעתו). Why?
Several reasons emerge:
- Practicality: The Temple treasury shouldn’t have to wait, transport, or invest in property improvement
- Certainty: Current value is knowable; future appreciation is speculative
- Fairness: The consecrator knew the current value when making their vow
This principle protects both parties: the Temple gets certain value now, and the consecrator isn’t charged for theoretical future gains.
Key Terms:
- כסות אשתו (Kesut Ishto) = His wife’s garment
- צבע (Tzeva) = Dye; colored fabric
- לשמן (Lishman) = For their sake; designated for them
- איטליס (Itlis) = Market; place of commerce
- מרגלית (Margalit) = Pearl; precious stone
- כרך (Kerakh) = City; urban center with higher demand
- מקומו ושעתו (Mekomo V’Sha’ato) = Its place and time; current value
