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Q&A: If It Is Closer to the Shekel Funds, It Falls to the Shekel Funds; If to the Freewill Offering, It Falls to the Freewill Offering

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Originally published:
This is an English translation (via GPT-5.4). Read the original Hebrew version.

If It Is Closer to the Shekel Funds, It Falls to the Shekel Funds; If to the Freewill Offering, It Falls to the Freewill Offering

Question

A small question, if possible.
In the Mishnah in tractate Shekalim (7:1): money that was found between the shekel funds and the freewill offering fund—if it is closer to the shekel funds, it falls to the shekel funds; if to the freewill offering, it falls to the freewill offering. And Maimonides likewise rules in the laws of Second Tithe (6:12): if one found produce between second-tithe produce and terumah produce, it falls to whichever is closer.
Many have asked: but regarding majority and proximity, we follow the majority and not the closer one (Bava Batra 23b), so why is there no need to check which box has the majority?a0
Bartenura writes that this is speaking of equal amounts. Several later authorities (the Radbaz on Maimonides, Tiferet Yisrael on the Mishnah in Shekalim, Sha’arei Yehudah on Maimonides in the laws of theft, and others) wrote that it is difficult to fit this into Maimonides, since he states the law plainly and does not note that it is speaking of equal amounts.a0
There are other explanations among the later authorities, but none of them appealed to me.
If you have any flash of insight on the matter, I’d be happy to hear it (there is a practical legal implication for some ruling, otherwise I wouldn’t trouble you).a0
Thank you very much!

Answer

I don’t think it’s some brilliant flash of insight, but it definitely seems to me a reasonable and correct explanation. The Mishnah, and Maimonides following it, are presenting here the law of proximity. The novelty is that the rule of proximity applies also in the areas of prohibition and permission and in monetary law. They did not get into practical questions here: what happens if one side has a majority, and what if the coin resembles those in one pile and differs from those in the other pile (for example, perhaps one is shekels and the other dollars), and so on. That is the way of the Talmud, and from here comes the need for limiting interpretations. I do not see this as any real difficulty. Incidentally, in light of what I explained in my article about limiting interpretations, you can understand that even someone who explains the case as involving equal piles does not really mean to say that this is what the Mishnah was actually discussing. His point is that the Mishnah comes to introduce the rule of proximity. And when you ask, “But what about majority?” a limiting interpretation will be made that it is speaking of equal piles. But the novelty is always true, even when the piles are not equal: namely, that the rule of proximity is relevant in these situations as well. See my article there.

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