Monday, October 29, 2007

Kesubos 59b - Uprooting Shi'bud

Rashi explains that a konam can uproot shi'bud just like kedushas haguf, but kedushas damim cannot uproot shi'bud. At first it seems counter intuitive since konam is weaker than hekdesh in that it is not strong enough to have its kedusha transfered on the money of pidyon, therefore it becomes more chamur than hekdesh and is treated as kedushas haguf. It seems that the peshat is that technically all hekdesh has the power to uproot the shi'bud, just that if there is another way out so that it won't have to uproot the shi'bud, such as through pidyon, so we say that you have to use pidyon. Therefore, konam which is more kal than kedushas damim so that pidyon is not a possibility, automatically has the chomer of kedushas haguf since there is no other option, and it can uproot shi'bud.

2 comments:

Yossie Schonkopf said...

i went thru the same cheshbon, but have a hard time digesting, because we are talking of a din, is it or is it not מפקיע the שיעבוד at the point of חלות?

one must say that technically NO הקדש has intrinsic power to uproot, only that if it can't go off then ממילא it us מפקיע.

Yossie Schonkopf said...

ritva in nedarim (in the back) seems to learn that konam is intrinsically kdushas haguf - see there.