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Why can three judges redeem a consecrated slave when the Torah (תורה) requires ten? The shiur distinguishes between Yesh Koach Chacham La'akor (rabbinic power to suspend mitzvos passively) and Hefker Beis Din Hefker (sovereign power to transfer property ownership). The Chachamim's authority here stems from their role as ultimate owners of communal property, not from suspending Torah law.
The shiur addresses a fundamental question raised by Tosafos (תוספות) and the Tur Even on Megillah 23b: The Mishna states that redeeming consecrated property requires ten people, yet the Gemara (גמרא) (citing Rabbi Shami) says that as a practical matter, three suffices. Tosafos asks why we need to learn this from a human being (Adam) rather than from an Eved Kena'ani (Canaanite slave), which is unquestionably property and subject to the principle that slaves are equated with land (Eved Hukash LeKarka). The answer, according to Tosafos, is that Midoraisa (Biblically) ten are required, but Miderabbanan (rabbinically) three suffice. This leads to the Tur Even's sharp question: If ten are required Midoraisa, how can the Chachamim permit redemption with only three? When property is consecrated and not properly redeemed according to Torah (תורה) law, it remains holy (Hekdesh), and anyone who derives benefit from it violates the prohibition of Me'ilah. While there is no sacrifice (Korban Me'ilah) for misusing land-based consecrated property, there remains a Biblical prohibition. The general rule is that rabbinic authorities can only suspend positive commandments passively (Yesh Koach Chacham La'akor Shev V'Al Ta'aseh) but cannot permit active violations of Biblical law (Kum Va'aseh). Yet here, by allowing redemption with only three judges, the Chachamim appear to permit people to use property that remains Biblically consecrated—an active transgression.
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Megillah 23b
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