Thursday, January 15, 2009

Kodoshim Damaging

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Rabbi Abba(Bava Kamma 13) says: If shelamim damage, one collects from their meat (which is eaten) and not from their limbs (which is burnt on the mizbe’ach).

The Ketzos Hachoshen asks: Why, even according to Rabbi Yosi HaGelili, who holds that kodshim kalim are not the property of the High, should one be liable to pay for the damages? It is forbidden to derive pleasure from this animal, and something that is forbidden to derive benefit from is regarded as if it is ownerless!?

The Minchas Chinuch notes that this question is only according to the Rishonim, who maintain that something that is forbidden to derive benefit from is regarded as if it is ownerless. However, there are Rishonim who hold that one is considered the owner on things that are forbidden for benefit; it is just that it is not regarded as being under his domain. Accordingly, one would still be liable if his korban shelamim damaged.

Reb Shimon Shkop distinguishes between two types of items that are forbidden for pleasure. There are things that the Torah requires one to destroy. Such items are considered ownerless, and one cannot betroth a woman with those items. However, there are other items that are forbidden to derive benefit from because they are designated for a mitzvah, such as a sukkah during the holiday of Sukkos, tefillin and korbanos – these items are regarded as his. One would be allowed to sell them, for that does not retract from the mitzvah – it does not contradict that which it was designated for. One would be permitted to betroth a woman with a korban. This is why he would be liable if his shelamim damaged.