The commandment of the law of one who dedicates from his properties, that it is of the priests: To rule in matters of dedications (cherem, something that is put off limits) — that is, if anyone dedicated something of his possessions undifferentiatedly — for example, [if] he said, “Thing x of mine will become dedicated” — that thing must be given to the priest; as it is stated (Leviticus 27:28), “But any dedication that a man dedicates, etc.” [That is,] unless he explicitly said that the dedication be to the Lord, or to the upkeep of the [Temple]. As so did they, may their memory be blessed, say (Arakhin 28b), “Undifferentiated dedications are for the priest.” And their proof is from that which is written explicitly in the section, “like the dedicated field, his holding shall be of the priest.”
It is from the roots of the commandment [that it is] because Israel is the nation that God chose from all the other nations for His service and to recognize His Name, and they are not under the rule of the constellations that God apportioned to all the other nations. They are instead [directly] under the hand of the Holy One, blessed be He, without any intermediary of an angel or constellation; and as it is written (Deuteronomy 32:9), “For the portion of the Lord is His people, Yaakov is the measure of His inheritance.” And as you find when He took them out from Egypt — which was a miracle that included all the people — that He took them out by Himself in His glory. And [this is] as they, may their memory be blessed, expounded, “‘I will pass through Egypt’ (Exodus 12:12) — I and not an angel; ‘and I will strike the firstborn’ — I and not a seraph,” as it appears in the Haggadah. And therefore anytime Israel maintains the Torah and crowns themselves with His service, only goodness will rest upon them, and the flow of blessing and a pure benevolent spirit will support them; and the opposite — the curse and the “dedication” — will [rest] upon their enemies and haters. As such, if one of their tempers become short and he pronounces an expression of curse and “dedication” on his money or his lands — which are under the blessing — the verse informs that it is impossible to remove it from the domain of the blessed to another domain. [This is] since everything that belongs to Israel — who is the portion of God — is His; [as] whatever a slave acquired, his master acquired (Pesachim 88b). Still, since we truly know that the intention of the one who dedicates is to remove that thing from his domain, it is fitting to fulfill his will; and [so] it returns to the domain of his Master and it becomes holy.
And that is [the sense of that] which Scripture (Leviticus 27:29) states nearby, “Any dedication that is dedicated of a man you shall not redeem, he shall surely die”; as its content in the way of the simple meaning is that [in the case of] one who dedicates of a man that is not his — for example, those fighting against their enemies who make a vow, “If this nation is surely given into my hands, I will dedicate their cities” (Numbers 21:2) — [the objects of the vow] should die. As other nations are not included in the wellspring of blessings, as we have said; and [so] the expression of “dedication” clings to them. And so did Ramban (Rambam) explain this verse in the way of its simple understanding (Ramban on Leviticus 27:29). And even though there are many midrashic explanations about this verse, there are seventy faces to the Torah and “they are all straight for the one who understands.” And from this root they, may their memory be blessed, said (Arakhin 28a) that all that belongs to the Levites and the priests — whether land or whether movable items — cannot be dedicated. That is, even if the priest or the Levite said about his field that it be dedicated, it does not hold. As he is like one who dwells in his Master’s house — the place of blessing and kindness and good — and all that he has is God’s. And amidst blessing there is no place for “dedication.”
From the laws of the commandment is that which they, may their memory be blessed, said (Arakhin 28b), “What [is the difference] between dedications of the priests and dedications of the Heavens? That dedications of the Heavens are consecrated and are redeemed with their worth, their value goes to the [Temple] upkeep and the properties go out to the non-sacred. But the dedications of the priests” — meaning to say, an undifferentiated dedication, that [goes] to the priests — “never have redemption, but are rather given to the priests like priestly tithe.” And it is concerning the dedications of the priests that it is stated, “it shall not be sold and it shall not be redeemed” (Leviticus 27:28) — “it shall not be sold” to another, “and it shall not be redeemed” for its [original] owners. It is one whether he dedicates land or movable items — they are given to the priests of that shift, [serving] at the time that he dedicates. And during the whole time that the dedications of the priests are in the house of the owners, they are consecrated for all of their purposes — as it is stated (Leviticus 27:28), “every dedication is holy of holies to the Lord.” [Once] they are given to the priest, behold they are like the non-sacred for all of their purposes — as it is stated (Numbers 18:14), “Every dedication in Israel shall be for you.” And a field that is dedicated to a priest never returns to the original owners. And the rest of its details are in the eighth chapter of Arakhin and the first of Nedarim. (See Mishneh Torah, Laws of Appraisals and Devoted Property 6.)
And [it] is practiced at the time of the [Temple] by males and females. But at this time, we have already said in the first commandment of this Order (Sefer HaChinukh 350) that we do not dedicate. If, however, one transgressed and did dedicate [something] at this time, Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Appraisals and Devoted Property 8:11) that if one dedicated outside of the Land [of Israel] movable property undifferentiatedly or land explicitly to the priests — that they are given to the priests found in that place; as the status of land outside of the Land is like movable items for this matter. But if he dedicated land in the Land, it is not dedicated — as the field of dedications is only practiced when the Jubilee is practiced. And one who transgressed this and dedicated from his properties but did not give them to a priest or to the upkeep of the [Temple] — in the cases that we explained that they are given to the upkeep of the [Temple] — has violated this positive commandment. And his punishment is very great, as he has misappropriated from the holy.
מִצְוַת דִּין מַחְרִים מִנְּכָסָיו שֶׁהוּא לַכֹּהֲנִים – לָדוּן בְּדִינֵי חֲרָמִים. כְּלוֹמַר, שֶׁכָּל מִי שֶׁהֶחְרִים דָּבָר מִנְּכָסָיו סְתָם, כְּגוֹן שֶׁאָמַר דָּבָר פְּלוֹנִי מִמָּה שֶׁיֵּשׁ לִי יְהִי חֵרֶם, שֶׁיִּנָּתֵן אוֹתוֹ דָּבָר לַכֹּהֵן, שֶׁנֶּאֱמַר (ויקרא כז כח) אַךְ כָּל חֵרֶם אֲשֶׁר יַחֲרִם אִישׁ וְגוֹ', אֶלָּא אִם כֵּן אָמַר בְּפֵרוּשׁ שֶׁהַחֵרֶם יִהְיֶה לַיְיָ, אוֹ לְבֶדֶק הַבַּיִת, שֶׁכָּךְ אָמְרוּ זִכְרוֹנָם לִבְרָכָה (ערכין כח, ב) סְתָם חֲרָמִים לַכֹּהֲנִים, וּרְאָיָתָם מִמָּה שֶׁכָּתוּב בְּפֵרוּשׁ בַּפָּרָשָׁה כִּשְׂדֵה הַחֵרֶם לַכֹּהֵן תִּהְיֶה אֲחֻזָּתוֹ.
The commandment of the law of one who dedicates from his properties, that it is of the priests: To rule in matters of dedications (cherem, something that is put off limits) — that is, if anyone dedicated something of his possessions undifferentiatedly — for example, [if] he said, “Thing x of mine will become dedicated” — that thing must be given to the priest; as it is stated (Leviticus 27:28), “But any dedication that a man dedicates, etc.” [That is,] unless he explicitly said that the dedication be to the Lord, or to the upkeep of the [Temple]. As so did they, may their memory be blessed, say (Arakhin 28b), “Undifferentiated dedications are for the priest.” And their proof is from that which is written explicitly in the section, “like the dedicated field, his holding shall be of the priest.”
מִשָּׁרְשֵׁי הַמִּצְוָה. לְפִי שֶׁיִּשְׂרָאֵל הוּא הָעָם אֲשֶׁר בָּחַר הָאֵל מִכָּל שְׁאָר הָעַמִּים לַעֲבוֹדָתוֹ וּלְהַכִּיר שְׁמוֹ, וְהֵם אֵינָם תַּחַת מֶמְשֶׁלֶת מַזָּלוֹת אֲשֶׁר חָלַק הַשֵּׁם לְכָל שְׁאָר הָעַמִּים, אֲבָל הֵם תַּחַת יָדוֹ שֶׁל הַקָּדוֹשׁ בָּרוּךְ הוּא מִבְּלִי אֶמְצָעוּת מַלְאָךְ וּמַזָּל, וּכְמוֹ שֶׁכָּתוּב (דברים לב ט) כִּי חֵלֶק יְיָ עַמּוֹ יַעֲקֹב חֶבֶל נַחֲלָתוֹ. וּכְמוֹ שֶׁאַתָּה מוֹצֵא כְּשֶׁגָּאֳלָם מִמִּצְרַיִם, שֶׁהָיָה נֵס כּוֹלֵל כָּל הָאֻמָּה, שֶׁהוּא בְּעַצְמוֹ וּבִכְבוֹדוֹ הוֹצִיאָם מִשָּׁם, כְּמוֹ שֶׁדָּרְשׁוּ זִכְרוֹנָם לִבְרָכָה (שמות יב יב) וְעָבַרְתִּי בְּאֶרֶץ מִצְרַיִם אֲנִי וְלֹא מַלְאָךְ, וְהִכֵּיתִי כָּל בְּכוֹר אֲנִי וְלֹא שָׂרָף וְגוֹ'. כְּמוֹ שֶׁבָּא בַּהַגָּדָה. וְלָכֵן בְּכָל עֵת הֱיוֹת יִשְׂרָאֵל מַחְזִיקִים בְּתוֹרָתוֹ וּמִתְעַטְּרִים בַּעֲבוֹדָתוֹ, לֹא תָּנוּחַ בָּהֶם רַק טוֹבָה, וְשֶׁפַע בְּרָכָה וְרוּחַ נְדִיבָה וּטְהוֹרָה תִּסְמְכֵם, וְהַהֶפֶךְ וְהִיא הַמְּאֵרָה וְהַחֵרֶם עַל אוֹיְבֵיהֶם וְשׂוֹנְאֵיהֶם. וְעַל כֵּן כִּי יִקְצַר רוּחַ אֶחָד מֵהֶם וְיוֹצִיא מִפִּיו לְשׁוֹן קְלָלָה וְחֵרֶם עַל מָמוֹנוֹ וְקַרְקְעוֹתָיו, שֶׁהֵם תַּחַת הַבְּרָכָה הוֹדִיעוֹ הַכָּתוּב שֶׁאִי אֶפְשָׁר לוֹ לְהוֹצִיאוֹ מֵרְשׁוּת הַמְּבֹרָךְ לִרְשׁוּת אַחֵר, לְפִי שֶׁכָּל אֲשֶׁר לְיִשְׂרָאֵל, שֶׁהֵם חֵלֶק הַשֵּׁם לוֹ הוּא, וּמַה שֶׁקָּנָה עֶבֶד קָנָה רַבּוֹ (פסחים פח ב), אֲבָל מִכָּל מָקוֹם, אַחַר שֶׁיָּדַעְנוּ בֶּאֱמֶת כִּי כַּוָּנַת הַמַּחְרִים לְהוֹצִיא אוֹתוֹ הַדָּבָר מֵרְשׁוּתוֹ רָאוּי לְהַשְׁלִים חֶפְצוֹ וְיָשׁוּב לִרְשׁוּת אֲדֹנָיו וְיִהְיֶה קֹדֶשׁ.
It is from the roots of the commandment [that it is] because Israel is the nation that God chose from all the other nations for His service and to recognize His Name, and they are not under the rule of the constellations that God apportioned to all the other nations. They are instead [directly] under the hand of the Holy One, blessed be He, without any intermediary of an angel or constellation; and as it is written (Deuteronomy 32:9), “For the portion of the Lord is His people, Yaakov is the measure of His inheritance.” And as you find when He took them out from Egypt — which was a miracle that included all the people — that He took them out by Himself in His glory. And [this is] as they, may their memory be blessed, expounded, “‘I will pass through Egypt’ (Exodus 12:12) — I and not an angel; ‘and I will strike the firstborn’ — I and not a seraph,” as it appears in the Haggadah. And therefore anytime Israel maintains the Torah and crowns themselves with His service, only goodness will rest upon them, and the flow of blessing and a pure benevolent spirit will support them; and the opposite — the curse and the “dedication” — will [rest] upon their enemies and haters. As such, if one of their tempers become short and he pronounces an expression of curse and “dedication” on his money or his lands — which are under the blessing — the verse informs that it is impossible to remove it from the domain of the blessed to another domain. [This is] since everything that belongs to Israel — who is the portion of God — is His; [as] whatever a slave acquired, his master acquired (Pesachim 88b). Still, since we truly know that the intention of the one who dedicates is to remove that thing from his domain, it is fitting to fulfill his will; and [so] it returns to the domain of his Master and it becomes holy.
וְזֶה שֶׁאָמַר הַכָּתוּב בְּסָמוּךְ (ויקרא כז כט) כָּל חֵרֶם אֲשֶׁר יָחֳרַם מִן הָאָדָם לֹא יִפָּדֶה מוֹת יוּמָת, שֶׁעִנְיָנוֹ עַל דֶּרֶךְ הַפְּשָׁט, שֶׁהַמַּחְרִים מִן הָאָדָם שֶׁאֵינוֹ שֶׁלּוֹ, כְּגוֹן הַנִּלְחָמִים עַל אוֹיְבֵיהֶם שֶׁנּוֹדְרִים נֶדֶר אִם נָתֹן תִּתֵּן אֶת הָעָם הַזֶּה בְּיָדִי וְהַחֲרַמְתִּי אֶת עָרֵיהֶם (במדבר כא ב), שֶׁיָּמוּתוּ, כִּי שְׁאָר הָאֻמּוֹת אֵינָם בְּתוֹךְ מַעְיַן הַבְּרָכוֹת, כְּמוֹ שֶׁאָמַרְנוּ, וּלְשׁוֹן חֵרֶם נִתְפַּס עֲלֵיהֶן וּפוֹעֵל בָּהֶם, וְכֵן פֵּרֵשׁ הַכָּתוּב הַזֶּה [הָרַמְבַּ"ן] (הָרַמְבַּ"ם) זִכְרוֹנוֹ לִבְרָכָה (עה"ת בחוקותי כז כט) עַל צַד הַפְּשָׁט. וְאַף עַל פִּי שֶׁיֵּשׁ בַּכָּתוּב מִדְרָשׁוֹת רַבִּים שִׁבְעִים פָּנִים לַתּוֹרָה, וְכֻלָּם נְכֹחִים לַמֵּבִין. וּמִזֶּה הַשֹּׁרֶשׁ הוּא מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם כח א), שֶׁכָּל אֲשֶׁר לַלְּוִיִּם וְלַכֹּהֲנִים, בֵּין קַרְקַע בֵּין מִטַּלְטְלִין, אֵין מַחְרִימִין אוֹתָם. כְּלוֹמַר, שֶׁאֲפִלּוּ אָמַר הַכֹּהֵן אוֹ הַלֵּוִי עַל שָׂדֵהוּ שֶׁיְּהֵא חֵרֶם אֵין נִתְפָּס בּוֹ כְּלָל, כִּי הוּא כְּשׁוֹכֵן בֵּית אֲדוֹנָיו מְקוֹם הַבְּרָכָה וְהַחֶסֶד וְהַטּוֹב, וְכָל יֶשׁ לוֹ לְהַשֵּׁם הוּא, וּבְתוֹךְ הַבְּרָכָה, אֵין מָקוֹם לְחֵרֶם חָלִילָה.
And that is [the sense of that] which Scripture (Leviticus 27:29) states nearby, “Any dedication that is dedicated of a man you shall not redeem, he shall surely die”; as its content in the way of the simple meaning is that [in the case of] one who dedicates of a man that is not his — for example, those fighting against their enemies who make a vow, “If this nation is surely given into my hands, I will dedicate their cities” (Numbers 21:2) — [the objects of the vow] should die. As other nations are not included in the wellspring of blessings, as we have said; and [so] the expression of “dedication” clings to them. And so did Ramban (Rambam) explain this verse in the way of its simple understanding (Ramban on Leviticus 27:29). And even though there are many midrashic explanations about this verse, there are seventy faces to the Torah and “they are all straight for the one who understands.” And from this root they, may their memory be blessed, said (Arakhin 28a) that all that belongs to the Levites and the priests — whether land or whether movable items — cannot be dedicated. That is, even if the priest or the Levite said about his field that it be dedicated, it does not hold. As he is like one who dwells in his Master’s house — the place of blessing and kindness and good — and all that he has is God’s. And amidst blessing there is no place for “dedication.”
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם ב) מַה בֵּין חֶרְמֵי כֹּהֲנִים לְחֶרְמֵי שָׁמַיִם? שֶׁחֶרְמֵי שָׁמַיִם הֶקְדֵּשׁ, וְנִפְדִּין בְּשָׁוְיֵיהֶן, וְיִפְּלוּ הַדָּמִים לְבֶדֶק הַבַּיִת, וְיֵצְאוּ הַנְּכָסִים לְחֻלִּין. וְחֶרְמֵי הַכֹּהֲנִים כְּלוֹמַר, חֵרֶם סְתָם שֶׁהוּא לַכֹּהֲנִים אֵין לָהֶם פִּדְיוֹן לְעוֹלָם, אֶלָּא נִתָּנִין לַכֹּהֲנִים כִּתְרוּמָה. וְעַל חֵרֶם כֹּהֲנִים נֶאֱמַר לֹא יִמָּכֵר וְלֹא יִגָּאֵל. לֹא יִמָּכֵר לְאַחֵר וְלֹא יִגָּאֵל לַבְּעָלִים. וְאֶחָד הַמַּחְרִים קַרְקַע אוֹ מִטַּלְטְלִין נִתָּנִין לַכֹּהֲנִים שֶׁבְּאוֹתוֹ מִשְׁמָר בְּשָׁעָה שֶׁמַּחְרִים, וְחֶרְמֵי כֹּהֲנִים כָּל זְמַן שֶׁהֵם בְּבֵית הַבְּעָלִים הֲרֵי הֵם הֶקְדֵּשׁ לְכָל דִּבְרֵיהֶם, שֶׁנֶּאֱמַר (במדבר יח יד) כָּל חֵרֶם קֹדֶשׁ קָדָשִׁים הוּא לַיְיָ. נְתָנָם לַכֹּהֵן הֲרֵי הֵן כְּחֻלִּין לְכָל דִּבְרֵיהֶם. שֶׁנֶּאֱמַר (שם) כָּל חֵרֶם בְּיִשְׂרָאֵל לְךָ יִהְיֶה, וּשְׂדֵה חֶרְמוֹ שֶׁל כֹּהֵן אֵינָהּ חוֹזֶרֶת לַבְּעָלִים הָרִאשׁוֹנִים לְעוֹלָם. וְיֶתֶר פְּרָטֶיהָ, בְּפֶרֶק שְׁמִינִי מֵעֲרָכִין וְרִאשׁוֹן מִנְּדָרִים [ה' ערכין פ"ו].
From the laws of the commandment is that which they, may their memory be blessed, said (Arakhin 28b), “What [is the difference] between dedications of the priests and dedications of the Heavens? That dedications of the Heavens are consecrated and are redeemed with their worth, their value goes to the [Temple] upkeep and the properties go out to the non-sacred. But the dedications of the priests” — meaning to say, an undifferentiated dedication, that [goes] to the priests — “never have redemption, but are rather given to the priests like priestly tithe.” And it is concerning the dedications of the priests that it is stated, “it shall not be sold and it shall not be redeemed” (Leviticus 27:28) — “it shall not be sold” to another, “and it shall not be redeemed” for its [original] owners. It is one whether he dedicates land or movable items — they are given to the priests of that shift, [serving] at the time that he dedicates. And during the whole time that the dedications of the priests are in the house of the owners, they are consecrated for all of their purposes — as it is stated (Leviticus 27:28), “every dedication is holy of holies to the Lord.” [Once] they are given to the priest, behold they are like the non-sacred for all of their purposes — as it is stated (Numbers 18:14), “Every dedication in Israel shall be for you.” And a field that is dedicated to a priest never returns to the original owners. And the rest of its details are in the eighth chapter of Arakhin and the first of Nedarim. (See Mishneh Torah, Laws of Appraisals and Devoted Property 6.)
וְנוֹהֶגֶת בִּזְמַן הַבַּיִת בִּזְכָרִים וּנְקֵבוֹת, אֲבָל בַּזְּמַן הַזֶּה כְּבָר אָמַרְנוּ בַּמִּצְוָה הָרִאשׁוֹנָה שֶׁבְּסֵדֶר זֶה (מצוה שנ) שֶׁאֵין מַחְרִימִין, אֲבָל אִם עָבַר וְהֶחְרִים בַּזְּמַן הַזֶּה כָּתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (ערכין ח יא), שֶׁאִם הֶחְרִים בְּחוּצָה לָאָרֶץ מִטַּלְטְלִין סְתָם אוֹ קַרְקַע לַכֹּהֲנִים בְּפֵרוּשׁ, שֶׁהֵם נִתָּנִין לַכֹּהֲנִים הַנִּמְצָאִים בְּאוֹתוֹ מָקוֹם, שֶׁהַקַּרְקַע שֶׁבְּחוּצָה לָאָרֶץ דִּינוֹ כְּמִטַּלְטְלִין לְעִנְיָן זֶה, אֲבָל אִם הֶחְרִים קַרְקַע בְּאֶרֶץ יִשְׂרָאֵל אֵינָהּ חֵרֶם, שֶׁאֵין שְׂדֵה חֲרָמִים נוֹהֵג אֶלָּא בִּזְמַן שֶׁהַיּוֹבֵל נוֹהֵג. וְהָעוֹבֵר עַל זֶה וְהֶחְרִים מִנְּכָסָיו וְלֹא נְתָנָם לַכֹּהֵן אוֹ לְבֶדֶק הַבַּיִת בְּאוֹתָן צְדָדִין שֶׁפֵּרַשְׁנוּ שֶׁנִּתָּנִין לְבֶדֶק הַבַּיִת בִּטֵּל עֲשֵׂה זֶה, וְעָנְשׁוֹ גָּדוֹל מְאֹד שֶׁמּוֹעֵל בַּקֹּדֶשׁ.
And [it] is practiced at the time of the [Temple] by males and females. But at this time, we have already said in the first commandment of this Order (Sefer HaChinukh 350) that we do not dedicate. If, however, one transgressed and did dedicate [something] at this time, Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Appraisals and Devoted Property 8:11) that if one dedicated outside of the Land [of Israel] movable property undifferentiatedly or land explicitly to the priests — that they are given to the priests found in that place; as the status of land outside of the Land is like movable items for this matter. But if he dedicated land in the Land, it is not dedicated — as the field of dedications is only practiced when the Jubilee is practiced. And one who transgressed this and dedicated from his properties but did not give them to a priest or to the upkeep of the [Temple] — in the cases that we explained that they are given to the upkeep of the [Temple] — has violated this positive commandment. And his punishment is very great, as he has misappropriated from the holy.