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Although this week’s column may seem futuristic, we pray daily for the return of the service of the Beis HaMikdash

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Two weeks before Purim, flyers were posted on billboards: “Bring your machatzis hashekel for purchase of korbanos.” The exact amount each person was required to donate was listed on the flyer, as well as the local collection point.

The day after Purim, the collection points opened to receive the machatzis hashekel. People lined up excitedly to donate their coins. Many inquired about the availability of a machatzis hashekel app to pay by credit card. (What’s the answer? B”H, we’ll find out…)

As Nissan approached, the coins were exchanged for large bills. The townspeople hired a messenger to bring the machatzis hashekel money to the Beis HaMikdash. He put it carefully into a special pouch.

Along the way, the messenger was accosted at gunpoint. Unfortunately, his pleas that the money was donated as machatzis hashekel fell on deaf ears; the money was stolen. The messenger reported to the Beis HaMikdash treasurer that the machatzis hashekel money had been stolen by armed robbers. He also informed the townspeople of the incident.

A tumult arose in the town. “What about our machatzis hashekel?” the people clamored. “We also want to have a share in the korbanos! Why should we not be included?”

“Have no fear,” Rabbi Dayan calmed them. “When the Beis HaMikdash treasurer takes the money out of the drop-off room on Rosh Chodesh Nissan – this is called terumas halishka – he does so also on behalf of those who sent their machatzis hashekel, but it hadn’t arrived yet or was lost on the way, and those who still intend to send.” (B.M. 58a)

Nonetheless, the question arose of what to do about the donation. “Do we have to donate again?” some people asked. “Is it fair that we should have to pay twice?”

“Why should the Beis HaMikdash treasury lose out?” argued others.

“Maybe the messenger should have to pay?” suggested someone. “He was entrusted with the money. Maybe he made up a story that he was robbed and pocketed the money!”

The townspeople turned to Rabbi Dayan. “What happens now?” they asked. “Do we have to donate again?

“The Mishnah (Shekalim 2:1) addresses this case, and the ruling depends on when the money was stolen or lost,” answered Rabbi Dayan. “Once the Beis HaMikdash treasurer did the terumas halishka on Rosh Chodesh Nissan, machatzis hashekel money that was on its way comes under the responsibility of the Beis HaMikdash. Thus, if it was stolen afterward, the people do not have to donate again and the messenger must swear to the treasurer. However, if the terumas halishka was not yet done when the money was stolen, it remains the responsibility of the townspeople. Thus, they have to donate again and the messenger must swear to them.”

“I thought, though, that there is neither liability of guardianship nor requirement of oath for hekdesh, money dedicated to Beis HaMikdash?” someone asked.

“That is correct, mid’oraysa, according to Torah law,” replied Rabbi Dayan. “However, the Sages instituted that one should not be exempt from hekdesh money without an oath. Thus, the messenger has to swear that he did not use the money nor is holding it, but rather was armed at gunpoint.” (B.M. 56a; C.M. 95:1, 301:1)

“Does it make a difference whether the messenger was hired or appointed without pay?” someone asked.

“According to Rashi, there is no difference in regards to the liability of the townspeople,” answered Rabbi Dayan. “However, the Rambam maintains that the townspeople are always liable to donate again if they sent the money with a shomer chinam, since they were not careful with the money. The distinction of the Mishnah – whether the loss occurred before or after the terumas halishka – is only when they sent the money with a paid messenger, when they did their best.” (See Hil. Shekalim 3:8-9; Mishpetai Uziel 4:misc. #7; Aruch Hashulchan He’asid, Hil. Shekalim 86:6-8.)

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Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to [email protected]. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail [email protected].