Rambam Summaries: Hilchos Erechin Vecharamim Chapter 7

Chapter 7

1.      How to redeem the Hekdeishos:

  • The currency to use: Hekdish cannot be redeemed with either land or a loan document but rather through cash or movable items of value. [Halacha 1]
  • Adding 1/5 to the value: One who redeems his own Hekdish must pay an additional fifth, 20%, of its value. The same applies if his wife or any of his heirs redeem it. [Halacha 2] Only the original Hekdish needs to have an additional fifth paid for its redemption. [Halacha 4] Thus, if somebody made a Temurah, the Temurah does not need an additional fifth added when it is redeemed by the owner. [Halacha 5] in some cases, it is a question whether an additional fifth must be added. [Halacha 6]
  • The law if one redeemed the Hekdish with less than its value: In such a case it is considered redeem Bedieved. Nonetheless, he must reimburse the excess amount that was missing from the payment. [Halacha 8-9]
  • Determining the value of the Hekdish item:It is determined through a proper evaluation and not through estimation. [Halacha 11]
  • The law in a case that there is a dispute regarding the value of the item: Halacha 10
  • The law in a case that one switched the Hekdish item for an item of greater value: then the item of greater value becomes Hekdish, and at times one even has to add an additional fifth. [Halacha 11]
  • The law of the value of the Hekdish went up or down prior to him paying the money, but after making a Kinyan of Meshicha: In such a case, one always has to pay the higher value, whether it went up or down after the Meshicha. [Halacha 12]
  • The law of the value of the Hekdish went up or down after he already paid the money, but prior to making a Kinyan of Meshicha: In such a case, whatever one already paid he paid, and he does not have to pay any more money even if it went up in value, but also does not get any reimbursement if it went down in value. [Halacha 13]

2.      When the Hekdish item becomes mundane:

  • Once payment of the actual value has been given for redemption, the item becomes mundane and is biblically permitted to be used even if the additional fifth was yet to be paid. However, rabbinically it may not be used until one pays the additional fifth, as stated above. [Halacha 3]

3.      Redeeming sacrifices that have become blemished:

  • Require an additional fifth to be paid if the owner is the one who redeems it. [Halacha 4]

4.      The laws of Temurah by Kadshei Bedek Habayis:

  • Temura only works by actual sacrifices that have been designated for the altar, and not by animals that have been dedicated to the temple treasury. [Halacha 7]

5.      Collecting a debt and a Kesuba from property that was sanctifying:

  • If one sanctified all of his property, then those who have debts on the property lose their rights of collecting the debt from it. Nonetheless, after the property is redeemed they may collect from it. [Halacha 14-15]
  • How such property is redeemed when there is a lien on it which will be collected by the debtors: Halacha 16-18

6.      When to believe a rumor that somebody disowned or sanctified as property:

  • Only when there is absolute proof. [Halacha 20]

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