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Shekalim Chapter 1, Mishnah 5: Accepting Offerings from Women, Non-Jews and Kusim

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We continue with Maseches Shekalim, Chapter 1, Mishnah 5. The Mishnah opens by saying: "Af al pi she'amru" - even though the Sages said, as we learned above in Mishnah 3, that "ein memashkenin nashim va'avadim uketanim" - we do not take a pledge from women, slaves or minors for the half shekel - nevertheless, "im shaklu mekablin miyadam": if one of these three categories gave the half shekel of his own accord, we accept it from him.

There is a condition attached: the money must be handed over to the community completely, in a way that makes it clear that it is no longer theirs. It is not private money, but money that belongs to the public.

The Non-Jew and the Kuti:

From here the Mishnah moves on to discuss the status of a non-Jew and of a Kuti (Samaritan). Regarding the Kutim there was a dispute in the time of the Mishnah as to whether they had the status of converts or not: were they genuine converts, or 'lion converts' who converted only out of fear of the lions that were devouring them. In any case, the attitude toward them was different, and they were not regarded as full-fledged non-Jews. Later, in the time of the Gemara, they were given the status of non-Jews entirely, but in the time of the Mishnah, since they were not quite like non-Jews, certain laws did apply to them.

The Mishnah says: "Hanochri vehakuti sheshaklu - ein mekablin miyadam" - if a non-Jew, and even a Kuti, gave the half shekel, we do not accept it from him. They cannot take part together with the community, since they are not part of the community and not part of the congregation.

Included in this rule of "ein mekablin miyadam" are also the following:

  • "Kinei zavin vekinei zavos vekinei yoldos" - the bird offerings brought by zavin, men who have the status of a zav and must bring an offering; by women who are zavos (these are two cases of different discharges for which a bird offering must be brought); and likewise the offerings of women who have given birth - a woman who gave birth and must bring this offering. These are accepted neither from non-Jews nor from Kutim. One could say that this law is really relevant only to Kutim, since a non-Jew has no status of zav, zavah or a woman after childbirth at all.

  • "Vechata'os va'ashamos" - a sin offering and a guilt offering are likewise not accepted from them.

What we do accept from them:

The Mishnah continues: "Aval nedarim unedavos mekablin miyadam" - from non-Jews, and therefore also from Kutim, we do accept a vow, in which they undertook of their own free will to bring an offering, or a donation, in which they took an animal and declared: "This is an offering." Once again, these are not obligations, but things they did of their own free will - and these we accept from them. A non-Jew who wishes to bring a donation to the Beis HaMikdash may do so.

It is worth noting that some have a slightly different version of this Mishnah, and according to that version the law of the Kuti is included in it with a certain change.

In any event, the Mishnah concludes with a comprehensive principle: "Zeh hakelal" - any type of offering that can come as a vow, on the basis of a vow they made to bring an offering, or as a donation, in which they consecrate an animal and say that they wish it to be an offering - these we accept from them. And anything that does not come as a voluntary gift, we do not accept from them.

The source of the law:

The basis for not accepting from them anything that does not come as a voluntary gift is stated explicitly in the words of Ezra - and in fact in the Book of Nechemiah, which the Sages counted together with the Book of Ezra. There it is said to the Kutim who wished to take part in the building of the Beis HaMikdash that it is not for them and for us together to build the Beis HaMikdash. They wanted to have a share in the Beis HaMikdash, and their participation was not wanted. Therefore, anything that involves their participation in the community is not accepted from the Kutim.

In summary: In this Mishnah we learned that although we do not take a pledge from women, slaves and minors for the half shekel, if they gave it of their own accord we accept it from them, provided that the money is handed over to the community completely. In contrast, from a non-Jew and from a Kuti we do not accept the half shekel, nor do we accept from them the bird offerings of zavin, zavos and women after childbirth, or sin offerings and guilt offerings; but vows and donations we do accept from them. And this is the rule: whatever comes as a vow or a donation is accepted, and whatever does not come as a voluntary gift is not accepted, as its source is in the words of Ezra and Nechemiah.