The commandment of appraising houses, such that he give the appraisal that the priest appraises and the addition of a fifth: To rule about the appraisals of homes; meaning [that] the priest appraise the house of one who consecrated it and wants to redeem it from that which is consecrated — he or his wife or his inheritors — and that [the redeemer] gives him according to the appraisal that he says to him, and also a fifth [of that sum]; as it is stated (Leviticus 27:14), “And if a man consecrates his house, holy, etc.”
What I wrote about exchange in this Order (Sefer HaChinukh 352) is from the roots of the commandment — that God wanted for our good to place the fear of the holy in the hearts of people. And even though it was from His many kindnesses to give them room to redeem them, He wanted that they add a fifth to their redemption in order to distance [us], that we not reduce anything from the value of that which is consecrated. And even though there is no fifth with a purchased field, it is since it is not common that a man will consecrate his purchased field — as it is very beloved to him, since he acquired it with his money. Scripture is never concerned with what is not common.
From the laws of the commandment is that which they, may their memory be blessed, said (Mishneh Torah, Laws of Appraisals and Devoted Property 5:3) that [in the case of] one who consecrates his house — and so [too,] his impure beast or movable items — that all of these are evaluated according to their worth, whether it is good or bad. And when the priests come to appraise them, we force the owners to open first and to say, “I would take it for me for such and such,” and [that] value goes to the upkeep of the [Temple]. But they, may their memory be blessed, said (Avodah Zarah 13a) that we do not consecrate at this time. And it appears certain that if [one] transgressed and consecrated his house at this time to the [Temple] upkeep — that we appraise its worth and he does like the solution of Shmuel or throws all of its value to the Dead Sea. And whether it was a house in the walled cities or whether it was in the unwalled cities, the owners or inheritors are always allowed to redeem them from the consecrated. But if another man redeemed it — if it was from the houses of the walled cities and it stood in the hand of the redeemer twelve months, it is finalized [to be his]; and if it was from the houses of the unwalled cities and the Jubilee came and it was in the hand of the redeemer, it goes back to its [original] owner at the Jubilee. And from that which the verse stated, “if a man consecrates his house,” and it did not state, “a house,” they, may their memory be blessed were precise (Bava Kamma 69b): “Just as one’s house is in his possession, so too anything” that one wants to consecrate must be “in his possession.” But if it is not in his possession, he many not consecrate it, even if it is his. And so [too,] did they, may their memory be blessed, say (Bava Kamma 68b), “If he stole [something] but the owners did not despair, neither of them can consecrate it — this one because it is not his, and that one because it is not in his possession.” And that is specifically with movable items; but land stays in the possession of its owners. And even with movable items that were deposited — he may consecrate anything that he can extract with judges. And the rest of its details are in Tractate Arakhin.
And [it] is practiced at the time that the Jubilee is practiced, as the law of appraisals of houses is only practiced — meaning to consecrate a house from the outset — at the time that the Jubilee is practiced. And one who transgresses it and consecrates his home and does not give its appraisal like the law written in the section of the Torah, at the time of the [Temple] — or did not solve the thing as we said, at this time — has nullified the positive commandment. And he also has a punishment since he misappropriated that which is consecrated.
מִצְוַת מַעֲרִיךְ בָּתִּים שֶׁיִּתֵּן כָּעֵרֶךְ שֶׁיַּעֲרִיכֶנָּה הַכֹּהֵן וְתוֹסֶפֶת חֹמֶשׁ – לָדוּן בְּעֶרְכֵי בָּתִּים. כְּלוֹמַר, מִי שֶׁהִקְדִּישׁ בֵּיתוֹ וְרוֹצֶה לִפְדּוֹתוֹ מִיַּד הֶקְדֵּשׁ, הוּא אוֹ אִשְׁתּוֹ אוֹ יוֹרְשָׁיו שֶׁמַּעֲרִיךְ אוֹתוֹ הַכֹּהֵן, וְנוֹתֵן לוֹ כְּפִי הָעֵרֶךְ שֶׁיֹּאמַר הוּא, וְעוֹד חֹמֶשׁ, כְּמוֹ שֶׁכָּתוּב (ויקרא כז יד) וְאִישׁ כִּי יַקְדִּשׁ אֶת בֵּיתוֹ קֹדֶשׁ וְגוֹ'.
The commandment of appraising houses, such that he give the appraisal that the priest appraises and the addition of a fifth: To rule about the appraisals of homes; meaning [that] the priest appraise the house of one who consecrated it and wants to redeem it from that which is consecrated — he or his wife or his inheritors — and that [the redeemer] gives him according to the appraisal that he says to him, and also a fifth [of that sum]; as it is stated (Leviticus 27:14), “And if a man consecrates his house, holy, etc.”
מִשָּׁרְשֵׁי הַמִּצְוָה. מֶה שֶׁכָּתַבְתִּי בִּתְמוּרָה בְּסֵדֶר זֶה (מצוה שנב), כִּי הָאֵל רָצָה לְטוֹבָתֵנוּ לָתֵת מוֹרָאַת הַקֹּדֶשׁ בְּלֵב בְּנֵי אָדָם. וְאַף פִּי שֶׁהָיָה מֵחֲסָדָיו הָרַבִּים לָתֵת לָהֶם מָקוֹם לִפְדּוֹתָן, רָצָה שֶׁיּוֹסִיפוּ חֹמֶשׁ בְּפִדְיוֹנָן כְּדֵי לְהִתְרַחֵק שֶׁלֹּא לִפְחֹת מִדְּמֵי הַהֶקְדֵּשׁ כְּלוּם. וְאַף עַל פִּי שֶׁבִּשְׂדֵה מִקְנָה אֵין בּוֹ חֹמֶשׁ, לְפִי שֶׁאֵינוֹ מָצוּי שֶׁיַּקְדִּישׁ אָדָם שְׂדֵה מִקְנָתוֹ שֶׁחֲבִיבָה עָלָיו בְּיוֹתֵר, מִכֵּיוָן שֶׁקְּנָאָהּ בִּמְעוֹתָיו לֹא תַּקְפִּיד הַתּוֹרָה לְעוֹלָם בַּמֶּה שֶׁאֵינוֹ מָצוּי.
What I wrote about exchange in this Order (Sefer HaChinukh 352) is from the roots of the commandment — that God wanted for our good to place the fear of the holy in the hearts of people. And even though it was from His many kindnesses to give them room to redeem them, He wanted that they add a fifth to their redemption in order to distance [us], that we not reduce anything from the value of that which is consecrated. And even though there is no fifth with a purchased field, it is since it is not common that a man will consecrate his purchased field — as it is very beloved to him, since he acquired it with his money. Scripture is never concerned with what is not common.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (רמב"ם ערכין ה ג), שֶׁהַמַּקְדִּישׁ בֵּיתוֹ וְכֵן בְּהֵמָה טְמֵאָה אוֹ מִטַּלְטְלִין שֶׁכָּל אֵלּוּ נֶעֱרָכִין בְּשָׁוְיֵיהֶן, בֵּין טוֹב בֵּין רַע. וּכְשֶׁבָּאִין הַכֹּהֲנִים לְהַעֲרִיךְ אוֹתָן כּוֹפִין הַבְּעָלִים לִפְתֹּחַ רִאשׁוֹן וְלוֹמַר בְּכָךְ וְכָךְ אֲנִי נוֹטְלָהּ לְעַצְמִי וְהַדָּמִים נוֹפְלִין לְבֶדֶק הַבַּיִת, אֲבָל בַּזְּמַן הַזֶּה אָמְרוּ זִכְרוֹנָם לִבְרָכָה (ע"ז יג א) שֶׁאֵין מַקְדִּישִׁין, וְנִרְאֶה וַדַּאי, שֶׁאִם עָבַר וְהִקְדִּישׁ בֵּיתוֹ בַּזְּמַן הַזֶּה לְבֶדֶק הַבַּיִת שֶׁמַּעֲרִיכִין אוֹתָהּ בְּשָׁוְיָהּ וַעֲבִיד כְּתַקַּנְתָּא דִּשְׁמוּאֵל, אוֹ מַשְׁלִיךְ כָּל שָׁוְיָהּ לְיָם הַמֶּלַח. וּבֵין שֶׁהָיָה הַבַּיִת בְּעָרֵי חוֹמָה, בֵּין שֶׁהָיָה בְּעָרֵי הַחֲצֵרִים לְעוֹלָם יְכוֹלִים הַבְּעָלִים אוֹ יוֹרְשִׁים לִגְאֹל אוֹתָם מִיַּד הַהֶקְדֵּשׁ, אֲבָל גְּאָלוֹ אָדָם אַחֵר, אִם הָיָה בְּבָתֵּי עָרֵי חוֹמָה וְקָם בְּיַד הַגּוֹאֵל שְׁנֵים עָשָׂר חֹדֶשׁ נֶחֱלָט, וְאִם הָיָה בְּבָתֵּי הַחֲצֵרִים וְהִגִּיעַ יוֹבֵל וְהוּא בְּיַד הַגּוֹאֵל חוֹזֵר לִבְעָלָיו בַּיּוֹבֵל, וּמִמָּה שֶׁאָמַר הַכָּתוּב כִּי יַקְדִּשׁ אֶת בֵּיתוֹ, וְלֹא אָמַר בַּיִת, דִּקְדְּקוּ זִכְרוֹנָם לִבְרָכָה (ב"ק סט, ב) מָה בֵּיתוֹ בִּרְשׁוּתוֹ, אַף כָּל דָּבָר שֶׁאָדָם רוֹצֶה לְהַקְדִּישׁ צָרִיךְ שֶׁיְּהֵא בִּרְשׁוּתוֹ, אֲבָל אִם אֵינוֹ בִּרְשׁוּתוֹ אַף עַל פִּי שֶׁהוּא שֶׁלּוֹ אֵינוֹ יָכוֹל לְהַקְדִּישׁוֹ. וְכֵן אָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם סח ב) גָּזַל וְלֹא נִתְיָאֲשׁוּ הַבְּעָלִים שְׁנֵיהֶם אֵינָם יְכוֹלִים לְהַקְדִּישׁ, זֶה לְפִי שֶׁאֵינוֹ שֶׁלּוֹ, וְזֶה לְפִי שֶׁאֵינוֹ בִּרְשׁוּתוֹ. וְדַוְקָא בְּמִטַּלְטְלִין, אֲבָל קַרְקַע בְּחֶזְקַת בְּעָלֶיהָ עוֹמֶדֶת, וַאֲפִלּוּ מִטַּלְטְלִין שֶׁהִפְקִידָן כָּל שֶׁיָּכוֹל לְהוֹצִיאָן בְּדַיָּנִין יָכוֹל לְהַקְדִּישָׁן. וְיֶתֶר פְּרָטֶיהָ, בְּמַסֶּכֶת עֲרָכִין [שם].
From the laws of the commandment is that which they, may their memory be blessed, said (Mishneh Torah, Laws of Appraisals and Devoted Property 5:3) that [in the case of] one who consecrates his house — and so [too,] his impure beast or movable items — that all of these are evaluated according to their worth, whether it is good or bad. And when the priests come to appraise them, we force the owners to open first and to say, “I would take it for me for such and such,” and [that] value goes to the upkeep of the [Temple]. But they, may their memory be blessed, said (Avodah Zarah 13a) that we do not consecrate at this time. And it appears certain that if [one] transgressed and consecrated his house at this time to the [Temple] upkeep — that we appraise its worth and he does like the solution of Shmuel or throws all of its value to the Dead Sea. And whether it was a house in the walled cities or whether it was in the unwalled cities, the owners or inheritors are always allowed to redeem them from the consecrated. But if another man redeemed it — if it was from the houses of the walled cities and it stood in the hand of the redeemer twelve months, it is finalized [to be his]; and if it was from the houses of the unwalled cities and the Jubilee came and it was in the hand of the redeemer, it goes back to its [original] owner at the Jubilee. And from that which the verse stated, “if a man consecrates his house,” and it did not state, “a house,” they, may their memory be blessed were precise (Bava Kamma 69b): “Just as one’s house is in his possession, so too anything” that one wants to consecrate must be “in his possession.” But if it is not in his possession, he many not consecrate it, even if it is his. And so [too,] did they, may their memory be blessed, say (Bava Kamma 68b), “If he stole [something] but the owners did not despair, neither of them can consecrate it — this one because it is not his, and that one because it is not in his possession.” And that is specifically with movable items; but land stays in the possession of its owners. And even with movable items that were deposited — he may consecrate anything that he can extract with judges. And the rest of its details are in Tractate Arakhin.
וְנוֹהֶגֶת בִּזְמַן שֶׁהַיּוֹבֵל נוֹהֵג, שֶׁאֵין דִּין עֶרְכֵי בָּתִּים נוֹהֵג כְּלוֹמַר לְהַקְדִּישׁ בַּיִת לְכַתְּחִלָּה, אֶלָּא בִּזְמַן שֶׁהַיּוֹבֵל נוֹהֵג. וְהָעוֹבֵר עַל זֶה וְהִקְדִּישׁ בֵּיתוֹ וְלֹא נָתַן הָעֵרֶךְ בִּזְמַן הַבַּיִת כַּמִּשְׁפָּט הַכָּתוּב בַּפָּרָשָׁה, אוֹ שֶׁלֹּא תִּקֵּן הַדָּבָר בַּזְּמַן הַזֶּה כְּמוֹ שֶׁאָמַרְנוּ, בִּטֵּל עֲשֵׂה, וְעוֹד יֵשׁ לוֹ עֹנֶשׁ שֶׁמּוֹעֵל בַּהֶקְדֵּשׁ.
And [it] is practiced at the time that the Jubilee is practiced, as the law of appraisals of houses is only practiced — meaning to consecrate a house from the outset — at the time that the Jubilee is practiced. And one who transgresses it and consecrates his home and does not give its appraisal like the law written in the section of the Torah, at the time of the [Temple] — or did not solve the thing as we said, at this time — has nullified the positive commandment. And he also has a punishment since he misappropriated that which is consecrated.