Nediv Lev #2

We already mentioned the Gemorah in Shevout 26b that כל נדיב לב obligates one even in a machshava to give to hekdesh.  Rashi Kiddushin 41b explains that if a person thought that he wants to make an animal into a עולה, it becomes a עולה.  The achronim point out that the Rambam disagrees.  When he brings the law in Ch. 14 of Maaseh Korbanot law 12 he says "גמר בלבו שזו עולה או שיביא עולה הר"ז חייב להביא וכו".   The Rambam says there is an obligation on the person to bring the animal, but it itself doesn’t become hekdash.  That is the opinion of the Meiri as well.

The Ketzos 12:1 says that this rule that for kodshim one is obligated by machshava alone applies only to kodshai mizbaoch, not to bedek habais.  Rashi in Shevout clearly contradicts this for he says the rule of כל נדיב לב applied to the terumah of the mishkan (which is the simple explanation of כל נדיב לב in our parsha.)  The words of the Ketzos would only seem to work in Tosfos that understands we are referring to a verse in Divrei Hayomin (2) 29:31 כל נדיב לב עולות.  (Rashi understands the Gemorah refers to terumah lamikdash and korbanot, not like Tosfos that terumah is terumas dagan and hekdash is korbanot.  Rashi can’t learn like Tosfos because he holds terumah requires it to be uttered to be chal, see Bechoros 59a and Tosfos Menachos 55a [Mishmar Halevi Temurah #16.])

Rav Solevetchik sites from Reb Chaim from the fact the Rambam only cites the law in regard to kedushas haguf it supports the Ketzos ( although it is difficult for the Rambam brings the possuk in our parsha.)  What is the difference between kedushas haguf and bedek habais?  When one is being makdish kedushas haguf, he is making a chalos of kedusha, it is a hekdash halacha and we learn from כל נדיב לב that it is obligatory through machshava alone.  However, when one donates to the bedek habais, he is making a business transaction like any other, he is being מקנה to hekdesh.  It is after hekdesh acquires the object that it assumes the laws that pertain to an object of hekdesh.  Since it is like any other business transaction, it requires speech to create the chalos like any other קנין (Rav Chaim in stencil.)

 The Rashba Kiddushin 50a brings a proof from this Gemorah that one can make a stipulation in a sale even if he doesn’t spell it out.  Everyone asks how is this a proof, it seems to contradict what the Rashba says for the Gemorah says that hekdash being chal via machshava is the exception to the rule?  Rav Naftoli Trop explains the intent of the Rashba.  There are two ways to understand why machshava doesn’t suffice to create a chalos. Number one is that a machshava is meaningless and worthless, it carries no weight at all.  Method number two is that it is valid but lacks the power necessary to create a chalos.  The Rashba says we see from the fact that one becomes obligated through machshova in regard to kodshim that a machshava does carry weight and it just doesn’t have enough power to create a chalos.