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In theTanakh, the termherem (Hebrew חֵרֶםḥêrem) is used, among other meanings, for an object or real property to be devoted to God, with God authorizing akohen (Jewish priest) to be its receiving agent.[1]
This law is one of thetwenty-four kohanic gifts and, of those twenty-four, as one of ten gifts given to the priest even outside theland of Israel.[2]
According toAbba Jose ben Hanan, the nuances of theherem laws (as well as laws ofhekdesh andarakhin, and five other categories of laws) are considered "eight pillars ofTorah law" that are "principles ofHalakha".[3]
InHebrew the adjectiveherem (Hebrew חֵרֶם) means "devoted thing" or "thing devoted to destruction". The term is used 29 times in theMasoretic Text of the Tanakh. An unrelatedhomonym, the nounherem meaning "fisherman's net" (also חֵרֶם), is used a further 9 times.[4] The adjectiveherem and the associate verbharam ("devote") come from theSemitic rootḤ-R-M, with cognates in theSyriac andArabic languages.
The word "devoted" (herem) is understood byMaimonides as a "complete and total transition" from one status to another.[5] TheTargums define the word as a complete separation.[6] According toSamuel ben Meir, this is the complete transition of an estate or object fromhullin (mundane) status to that ofkodesh (holy).[7]
The first of two sources of the commandment is stated inLeviticus:
Notwithstanding no devoted thing, that a man shall devote unto the LORD of all that he hath, both of man and beast, and of the field of his possession, shall be sold or redeemed: every devoted thing [is] most holy unto the LORD.
— Leviticus 27:28,KJV
A second source, however, explicitly instructs that the devoted thing be given to the priest;
Every thing devoted in Israel shall be thine.
— Numbers 18:14
To reconcile the seemingly incompatible instructions in the Biblical verses, theTosefta explains them as detailingtwo types of devoted things:hermei gavoah (devoted things specifically consecrated by their owner to theTemple in Jerusalem) andhermei kohanim (devoted things to be given the priest, as the estate or object was not designated by its owner to theTemple in Jerusalem).[8]
Malbim, a 19th century Bible commentator, explainedJoshua 24:33 as referring to the practice ofherem. According to him, thetribe of Joseph desired the merit thatEleazar thehigh priest should be buried in their territory. Thus, when he died they designated Givat Pinchas (modernAwarta) as aherem estate; that is to be given the priests currently in duty as per thepriestly divisions), and calculated to publicize the herem designation during the division cycle when Pinchas was in service, thus increasing the likelihood of Pinchas burying his father in theherem property, which ultimately happened.[9]
TheSifra describes the commandment to devote things as enabling the Israelite to perform a commandment with objects that otherwise do not have a commandment attached to them, e.g. a non-kosher animal other than the firstborn of a donkey; by way of the Israelite making his possession thereofherem he elevates it toholiness.[10]
Maimonides describes the act of creating a "devoted" estate a worthy act, since it goes against the sin ofmiserhood. In addition, he also categorizes the initiation of devoted goods by an Israelite as an act of respect and honor to theGod of Israel.[11]
Raya Mehemna (a conversation between Moses and Elijah found as an addition to theZohar) describesherem as rectifying and healing thenegative emotion of anger the initiator of a devotion of property may possess.[12]
TheSifre argues that the priests' right toherem is a reward forJochebed (mother ofAaron, the first priest) for rescuing the infants of Israel from the pharaonic decree of infanticide of Israelite newborns:
"And Kotz gave birth to Onuv and to HaTzovevah and the families (of) Acharcheil the son of Harum"[13] - "son/child of Harum"[14] refers to Jochebed, as it is written: "Allherem in Israel shall be yours"[15]
— Sifre to Numbers 10:29
Opinions differ as to what is done withherem in cases where the initiator ofherem did not designate whether the property is consecrated to theTemple or to the priests (stam herem). Maimonides opines that this undesignated herem be given the priests by default. Maimonides further states that undesignated devoted property is considered mundane (hullin) and may be used by the priests for personal needs. This is in contrast to the case where the person does designate hisherem to be given the priests, in which case theherem retains a holy (kodesh) state and cannot be used for personal needs.[16]
Allocation ofherem may depend on the type of the object devoted; whether it is real estate or goods. According to RavSheshet, devotion of real estate is considered one of the four priestly gifts that is divided among the serving priestly division (mishmar kehuna), while tangible devoted goods are appropriated even to an individual priest not currently in active Temple service.[17]
Theherem commandment, although practice infrequently today, still hashalakhic implication in modern times:
Considering thatherem is listed as one of the ten priestly gifts that can be given to a priest outside of Jerusalem (similar to thePidyon HaBen and the giving of theshoulder, cheeks and maw), someposkim have noted that both types of devoted things, both real estate and goods, are designated and given to the priest of thebeit din's choice.[18]
Solomon Luria is of the opinion that the dedicator ofherem is required to specify that the property be given to a priest, in order for a priest to be eligible as the recipient. In terms of thebeit din choosing an eligible priest, Rabbi Luria opines thatthe status quo Kohen is sufficient to be the recipient of a devoted item and it to be "mundane" (hullin).[19]