ב"ה

Rambam - 1 Chapter a Day

Me`ilah - Chapter 4

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Me`ilah - Chapter 4

1When a person sets aside money for a sin-offering, a burnt-offering, a guilt-offering, turtle-doves,1 or young doves, the prohibition against me’ilah applies to them from the time he set them aside. If he set them aside for peace-offerings, the prohibition against me’ilah does not apply.2אהַמַּפְרִישׁ מָעוֹת לְחַטָּאתוֹ לְעוֹלָתוֹ וְלַאֲשָׁמוֹ וּלְתוֹרִים וּבְנֵי יוֹנָה - מוֹעֲלִין בָּהֶן מִשָּׁעָה שֶׁהִפְרִישׁ. הִפְרִישׁ לִשְׁלָמִים, אֵין מוֹעֲלִין בָּהֶן.
2When a person consecrated the value of one limb3 of an animal to the altar, there is an unresolved doubt whether the holiness spreads throughout the entire animal or not. Therefore it should be offered4 and not redeemed.5 If it is redeemed, the prohibition against me’ilah does not apply to the money used to redeem it.6בהִקְדִּישׁ אֵבֶר אֶחָד לְדָמָיו לַמִּזְבֵּחַ - הֲרֵי זֶה סָפֵק אִם פָּשְׁטָה קְדֻשָּׁה בְּכֻלּוֹ אוֹ לֹא פָשְׁטָה, לְפִיכָךְ תִּקְרַב וְלֹא יִפָּדֶה; וְאִם נִפְדָּה, אֵין מוֹעֲלִין בְּפִדְיוֹנוֹ.
3When a person sets aside money for the sacrifices to be offered at the conclusion of his nazirite vow, it is forbidden to benefit from it. If one benefits from it, he does not violate the prohibition against me’ilah, because all of the funds are fit to be used to purchase a peace-offering7 and the prohibition against me’ilah does not apply to a peace-offering, except to its fats and organs after the blood has been cast.8 If he dies,9 the money should be used for freewill offerings.10 גהַמַּפְרִישׁ מָעוֹת לִנְזִירוּתוֹ, אָסוּר לֵהָנוֹת בָּהֶן; וְאִם נֶּהֱנֶה - לֹא מָעַל, מִפְּנֵי שֶׁהֵן רְאוּיִין לָבוֹא כֻּלָּן שְׁלָמִים, וְאֵין בַּשְּׁלָמִים מְעִילָה אֶלָא בְּאֵמוּרֵיהֶן אַחַר זְרִיקַת דָּמִים. מֵת, יִפְּלוּ לִנְדָבָה.
If the money was explicitly designated for the particular sacrifices, the money for the sin offering should be taken to the Mediterranean Sea.11 One should not benefit from them, nor does the prohibition against me’ilah apply.12 The money for the burnt-offering should be used for a burnt-offering and the prohibition against me’ilah applies.13הָיוּ מְפֹרָשִׁים: דְּמֵי חַטָּאת - יֵלְכוּ לְיָם הַמֶּלַח, וְלֹא נֶהֱנִין וְלֹא מוֹעֲלִין; דְּמֵי עוֹלָה - יָבִיאוּ עוֹלָה, וּמוֹעֲלִין בָּהֶן.
When the person said: “This money is for my sin-offering and the remainder for my nazirite offering,”14 if he benefited from all the remaining money, he violates the prohibition against me’ilah.15 If he benefited only from part of it, he does not violate that prohibition.16אָמַר 'אֵלּוּ לְחַטָּאתִי, וְהַשְּׁאָר לִנְזִירוּתִי': אִם נֶּהֱנֶה בְּכָל הַשְּׁאָר, מָעַל; נֶּהֱנֶה בְּמִקְצָתוֹ, לֹא מָעַל.
Similarly, were he to say: “This money is for my burnt-offering and the remainder for my nazirite offering,”17 if he benefited from all the remaining money, he violates the prohibition against me’ilah.18 If he benefited only from part of it, he does not violate that prohibition. The rationale is that the prohibition against me’ilah does not apply to a peace-offering.וְכֵן אִם אָמַר 'אֵלּוּ לְעוֹלָתִי, וְהַשְּׁאָר לִנְזִירוּתִי', וְנֶּהֱנֶה בְּכֻלָּן - מָעַל; נֶּהֱנֶה בְּמִקְצָתָן - לֹא מָעַל, שֶׁאֵין בִּדְמֵי שְׁלָמִים מְעִילָה.
If he set aside money and said: “This is for my burnt-offering; this is for my sin-offering; and this is for my peace-offering,”19 and the money became intermingled, the prohibition against me’ilah applies both whether he benefited from the entire sum or only a portion of the money.20הִפְרִישׁ מָעוֹת וְאָמַר 'אֵלּוּ לְעוֹלָתִי וְאֵלּוּ לְחַטָּאתִי וְאֵלּוּ לִשְׁלָמִים', וְנִתְעָרְבוּ - מוֹעֲלִין בְּכֻלָּן, וּמוֹעֲלִין בְּמִקְצָתָן.
What should he do to correct the situation? He should bring three animals and transfer the holiness of the money for the sin-offering wherever it is on one for a sin-offering, that of the money for the burnt-offering on one for a burnt-offering, and that of the money for the peace-offering on one for a peace-offering.וְכֵיצַד יַעֲשֶׂה? יִקַּח שָׁלוֹשׁ בְּהֵמוֹת, וּמְחַלֵּל דְּמֵי חַטָּאת בְּכָל מָקוֹם שֶׁהוּא עַל הַחַטָּאת, וּדְמֵי עוֹלָה עַל הָעוֹלָה, וּדְמֵי שְׁלָמִים עַל שְׁלָמִים.
4When one of the individuals obligated to bring a pair of doves21 separated money and said: “This is for my obligation,” the prohibition against me’ilah applies whether he benefited from the entire sum or only a portion of the money.22דאֶחָד מִמְּחֻיְּבֵי קִנִּין שֶׁהִפְרִישׁ מָעוֹת וְאָמַר 'אֵלּוּ לְחוֹבָתִי' - מוֹעֲלִין בְּכֻלָּן, וּמוֹעֲלִין בְּמִקְצָתָן.
If the person dies, the money should be used for freewill offering, as explained above with regard to a nazirite.23 The prohibition against me’ilah applies to it.וְאִם מֵת - יִפְּלוּ לִנְדָבָה, כְּמוֹ שֶׁבֵּאַרְנוּ בִּנְזִירוּת, וּמוֹעֲלִין בָּהֶן.
5When a person sets aside a sin-offering for partaking of forbidden fat and brings it for partaking of blood, he does not secure atonement.24 Therefore he is not considered to have violated the prohibition against me’ilah.25ההַמַּפְרִישׁ חַטָּאת עַל אֲכִילַת חֵלֶב וְהֵבִיאָהּ עַל אֲכִילַת דָּם - הֲרֵי זֶה לֹא כִּפֵּר, לְפִיכָךְ לֹא מָעַל.
If he set aside money for a sin-offering to atone for partaking of forbidden fat and instead purchased a sin-offering to atone for partaking of blood with it inadvertently, he can secure atonement with that offering. Therefore he has violated the prohibition against me’ilah26 applies. If he did so intentionally, he cannot secure atonement with that offering. Therefore he does not violate the prohibition against me’ilah.הִפְרִישׁ מָעוֹת לְחַטַּאת חֵלֶב וְקָנָה בָּהֶן חַטַּאת דָם: בְּשׁוֹגֵג - כִּפֵּר, לְפִיכָךְ מָעַל; בְּמֵזִיד - לֹא כִּפֵּר, לְפִיכָךְ לֹא מָעַל.
6When a person sets aside two selaim for a guilt-offering27 and uses them to purchase two rams as ordinary animals, he has committed me’ilah, for he purchased ordinary animals with money designated for a guilt-offering. He is obligated to pay ten dinarim, i.e., the two selaim28 and an additional fifth.29 He should use this money to buy a ram for a guilt-offering and should bring another guilt-offering to atone for his me’ilah.והַמַּפְרִישׁ שְׁתֵּי סְלָעִים לְאָשָׁם וְלָקַח בָּהֶן שְׁנֵי אֵילִים לְחֻלִּין, הוֹאִיל וְקָנָה חֻלִּין בִּדְמֵי אָשָׁם - מָעַל, וְחַיָּב לְשַׁלֵּם עֲשָׂרָה דִּינָרִין, שֶׁהֵן שְׁנֵי סְלָעִים וָחֹמֶשׁ, וְיָבִיא בָּהֶן אָשָׁם; וְיָבִיא קָרְבַּן אָשָׁם, עַל מְעִילָתוֹ.
Therefore if one of the two rams that he had purchased is worth two selaim and the other is worth ten dinarim, he should bring the one worth ten as a guilt offering for the money that he misappropriated30 and the additional fifth and he should bring the one worth two selaim as a guilt-offering for his violation of the prohibition of me’ilah.לְפִיכָךְ אִם הָיָה אֶחָד מִשְּׁנֵי הָאֵילִים שֶׁקָּנָה יָפֶה שְׁתֵּי סְלָעִים, וְהַשֵּׁנִי יָפֶה עֲשָׂרָה דִּינָרִין - יָבִיא הַשָׁוֶה עֲשָׂרָה, אָשָׁם תַּחַת הַמְּעִילָה עִם הַחֹמֶשׁ; וְיָבִיא הַשָׁוֶה שְׁנֵי סְלָעִים, אָשָׁם עַל מְעִילָתוֹ.
Different rules apply if he purchased one of the rams as a guilt-offering and one as an ordinary animal.31 If the one purchased as a guilt-offering was worth two selaim, he should bring that for the first guilt-offering for which he was originally liable. לָקַח אֶחָד לְאָשָׁם וְאֶחָד לְחֻלִּין, אִם הָיָה שֶׁל אָשָׁם יָפֶה שְׁתֵּי סְלָעִים - יָבִיא אוֹתוֹ לַאֲשָׁמוֹ הָרִאשׁוֹן.
Similarly, if the one purchased as an ordinary animal was worth two selaim, he should bring it as a guilt-offering for his misappropriation of consecrated funds, for he misappropriated one sela of the money originally set aside for a guilt-offering. He should pay five dinarim32 which should be used for a freewill offering.וְכֵן אִם הָיָה זֶה הַחֻלִּין יָפֶה שְׁתַּיִם - יָבִיא אוֹתוֹ אָשָׁם מְעִילָתוֹ, שֶׁהֲרֵי מָעַל בְּסֶלַע אַחַת מִדְּמֵי הָאָשָׁם; וִישַׁלֵּם חֲמִשָּׁה דִּינָרִין וְיִפְּלוּ לִנְדָבָה.
7When one benefits from money set aside for a sin-offering before the sin-offering is offered, he should add a fifth to the amount he benefited33 and bring his sin-offering with this money.34 And he should bring a guilt-offering for his misappropriation of consecrated funds.זהַנֶּהֱנֶה מִדְּמֵי חַטָּאת עַד שֶׁלֹּא קָרְבָה חַטָּאתוֹ - יוֹסִיף חֹמֶשׁ עַל מַה שֶׁנֶּהֱנֶה, וְיָבִיא בַּדָּמִים חַטָּאתוֹ, וְיָבִיא קָרְבַּן אָשָׁם עַל מְעִילָתוֹ.
Similarly, when one benefits from money set aside for a guilt-offering before the guilt-offering is offered, he should add a fifth to the amount he benefited and bring his guilt-offering with this money. And he should bring a guilt-offering for his misappropriation of consecrated funds. The rationale is that the money paid for the misappropriation of animals consecrated to be offered on the altar should be used for such sacrifices. Money paid for the misappropriation of articles consecrated for the upkeep of the Temple should be used for that purpose.וְכֵן אִם נֶּהֱנֶה מִדְּמֵי אָשָׁם עַד שֶׁלֹּא קָרַב אֲשָׁמוֹ - יוֹסִיף חֹמֶשׁ, וְיָבִיא בַּדָּמִים אֲשָׁמוֹ, וְיָבִיא אָשָׁם אַחֵר לִמְעִילָתוֹ; שֶׁקָּרְבְּנוֹת הַמִּזְבֵּחַ, מְעִילָתָן לְקָרְבְּנוֹת הַמִּזְבֵּחַ. וְקָדְשֵׁי בֶּדֶק הַבַּיִת, מְעִילָתָן לְבֶדֶק הַבַּיִת.
In the instance mentioned above, if he discovered that he committed me’ilah with a portion of the money and afterwards, his sin-offering was sacrificed, but he did not set aside the money he misappropriated or he set it aside, but did not include it with the money for his sin-offering,35 the money he misappropriated and the additional fifth should be taken to the Mediterranean Sea.36 If he discovered that he committed me’ilah with a portion of the money and afterwards, his sin-offering was sacrificed, the money for the misappropriation and its additional fifth should be used for a freewill offering,37 for money is not set aside at the outset to be destroyed. In either instance, he must bring a guilt-offering for me’ilah.נוֹדַע לוֹ שֶׁמָּעַל, וְאַחַר כָּךְ קָרְבָה חַטָּאתוֹ, וַעֲדַיִן לֹא הִפְרִישׁ מְעִילָתוֹ, אוֹ שֶׁהִפְרִישָׁהּ וְלֹא כְלָלָהּ בִּדְמֵי חַטָּאתוֹ - יוֹלִיךְ הַמְּעִילָה וְחֻמְשָׁהּ לְיָם הַמֶּלַח. נוֹדַע לוֹ שֶׁמָּעַל אַחַר שֶׁקָּרְבָה חַטָּאתוֹ - יִפְּלוּ מְעוֹת הַמְּעִילָה וְחֻמְשָׁהּ לִנְדָבָה, שֶׁאֵין מַפְרִישִׁין בַּתְּחִלָּה לְאִבּוּד. וּבֵין כָּךְ וּבֵין כָּךְ, יָבִיא אָשָׁם מְעִילָתוֹ.
Were the above situation to take place with regard to a guilt-offering, whether he discovered that he committed me’ilah before his guilt-offering was offered or afterwards, the money for the misappropriation and its additional fifth should be used for a freewill offering,38 because it is considered as money left over from a guilt-offering. And he must bring a guilt-offering for me’ilah.וּבָאָשָׁם, בֵּין שֶׁנּוֹדַע לוֹ שֶׁמָּעַל קֹדֶם שֶׁקָּרַב אֲשָׁמוֹ אוֹ אַחַר שֶׁקָּרַב - תִּפֹּל מְעִילָתוֹ וְחֻמְשָׁהּ לִנְדָבָה, מִפְּנֵי שֶׁהִיא כְּמוֹתַר אָשָׁם; וְיָבִיא אֲשַׁם מְעִילָתוֹ.
8A person who sells an animal designated as a burnt-offering or a peace-offering has done nothing of consequence.39 According to Scriptural Law, the money should be returned to its original state.40 Nevertheless, our Sages penalized the purchaser41 and required that the money be used for a freewill offering.חהַמּוֹכֵר עוֹלָתוֹ וּשְׁלָמָיו - לֹא עָשָׂה כְּלוּם. וְדִין תּוֹרָה שֶׁיַּחְזְרוּ הַמָּעוֹת חֻלִּין כְּמוֹת שֶׁהָיוּ; וְקָנְסוּ אוֹתוֹ חֲכָמִים, שֶׁיִּפְּלוּ הַמָּעוֹת לִנְדָבָה.
Even if the animal was worth four zuzim and it was sold for five, all of the five should be used for a freewill offering.42 The prohibition against me’ilah, however, does not apply, neither according to Scriptural Law, nor according to Rabbinic Law.אַפִלּוּ הָיְתָה הַבְּהֵמָה שָׁוָה אַרְבָּעָה וּמְכָרָהּ בַּחֲמִשָּׁה - הַחֲמִשָּׁה כֻּלָּן יִפְּלוּ לִנְדָבָה. וְאֵין כָּאן מְעִילָה, לֹא מִדִּבְרֵי תּוֹרָה וְלֹא מִדִּבְרֵי סוֹפְרִים.
9The prohibition against me’ilah applies to articles set aside through vows.טיֵשׁ מְעִילָה בַּנְּדָרִים.
What is implied? A person said: “This loaf is considered like a sacrifice” or “...consecrated property for me.” If he partakes of it, he violates the prohibition against me’ilah,43 even though the loaf is permitted to others.44 Therefore such an article cannot be redeemed,45 for it is only considered as consecrated for this person.כֵּיצַד? הָאוֹמֵר 'כִּכָּר זוֹ עָלַי קָרְבָּן' אוֹ 'הֶקְדֵּשׁ', וַאֲכָלָהּ - מָעַל, אַף עַל פִּי שֶׁהִיא מֻתֶּרֶת לַאֲחֵרִים. לְפִיכָךְ אֵין לָהּ פִּדְיוֹן, שֶׁהֲרֵי אֵינָהּ קֹדֶשׁ אֶלָא לְזֶה בִּלְבַד.
If he said: “This loaf is consecrated” or “...a sacrifice,” whether he or someone else partakes of it, the prohibition against me’ilah is violated.46 Therefore it can be redeemed.אָמַר 'כִּכָּר זוֹ קֹדֶשׁ' אוֹ 'קָרְבָּן', וַאֲכָלָהּ, בֵּין הוּא בֵּין אַחֵר - מָעַל. לְפִיכָךְ יֵשׁ לָהּ פִּדְיוֹן.
If a ownerless loaf was before a person and he said: “This loaf is consecrated,”47 should he take it to partake of it, he is considered to have misappropriated its entire value. If he took it to endow it to others, he is considered only to have misappropriated the value of giving such a gift.48הָיְתָה לְפָנָיו כִּכָּר שֶׁל הֶפְקֵר, וְאָמַר 'כִּכָּר זוֹ הֶקְדֵּש': נְטָלָהּ עַל מְנָת לְאָכְלָהּ, מָעַל לְפִי כֻּלָּהּ; עַל מְנָת לְהוֹרִישָׁהּ, מָעַל לְפִי טוֹבַת הֲנָאָה שֶׁבָּהּ.
10When a person tells a colleague: “My loaf is considered as consecrated property for you,” and then gives it to that colleague, the recipient violates the prohibition against me’ilah when he uses it.49 The giver does not violate this prohibition, because the article is not forbidden to him.50 Similar laws apply to all analogous situations applying to other types of vows;51 the prohibition against me’ilah applies to those forbidden to benefit from them.יהָאוֹמֵר לַחֲבֵרוֹ 'כִּכָּרִי עָלֶיךָ הֶקְדֵּשׁ', וְחָזַר וּנְתָנָהּ לוֹ - הַמְּקַבֵּל מַתָּנָה זוֹ מָעַל, לִכְשֶׁיּוֹצִיא; שֶׁהֲרֵי הַנּוֹתֵן אֵינָהּ אֲסוּרָה עָלָיו. וְכֵן כָּל כַּיּוֹצֵא בְּזֶה מִשְּׁאָר הַקּוֹנָמוֹת, יֵשׁ בָּהֶן מְעִילָה לַנֶּאֱסָר בָּהֶן.
All entities forbidden to a person because of a vow can be combined. If he derived a p’rutah’s worth of benefit from the combination,52 he violates the prohibition against me’ilah.וְכָל דְּבָרִים הַנֶּאֱסָרִין עָלָיו מִנֶדֶר כְּזֶה, מִצְטָרְפִין; וְאִם נֶּהֱנֶה מִכֻּלָּן בְּשָׁוֶה פְּרוּטָה, מָעַל.
11When a person says: “These plantings are a sacrifice if they are not cut down today” or “This garment is a sacrifice if it is not burnt today,” and the day passed without the plantings being cut down or the garment being burnt, they are consecrated and they should be redeemed like other consecrated property. Only afterwards may one benefit from them.יאהָאוֹמֵר 'הֲרֵי הַנְּטִיעוֹת הָאֵלּוּ קָרְבָּן אִם אֵינָן נִקְצָצוֹת הַיּוֹם', וְ'טַלִית זוֹ קָרְבָּן אִם לֹא תִשָּׂרֵף הַיּוֹם', וְעָבַר הַיּוֹם, וְלֹא נִקְצְצוּ וְלֹא נִשְׂרְפָה הַטַּלִית - הֲרֵי הֵן הֶקְדֵּשׁ, וְיִפָּדוּ כִּשְׁאָר הַהֶקְדֵּשׁוֹת, וְאַחַר כָּךְ יֵהָנֶה בָּהֶן.
If, however, he says: “These plantings are a sacrifice until they are cut down,” he cannot redeem them. For whenever they will be redeemed, they will become consecrated again until they are cut down53 and once they are cut down, they need not be redeemed, but one may benefit from them immediately.54אֲבָל אִם אָמַר 'הֲרֵי הַנְּטִיעוֹת הָאֵלּוּ קָרְבָּן עַד שֶׁיִּקָּצְצוּ' - אֵינוֹ יָכוֹל לִפְדּוֹתָן; שֶׁבְּכָל עֵת שֶׁיִּפָּדוּ יַחְזְרוּ הֶקְדֵּשׁ, עַד שֶׁיִּקָּצְצוּ. וְכֵיוָן שֶׁנִּקְצְצוּ - אֵינָן צְרִיכִין פִּדְיוֹן, אֶלָא נֶהֱנִין בָּהֶן מִיָּד.
When does the above apply? When the person who consecrated them redeemed them. If, however, another person redeemed them,55 they do become ordinary property even though they have not been cut down56 and they are permitted even to the person who consecrated them.בַּמֶּה דְּבָרִים אֲמוּרִים? בְּשֶׁפְּדָאָן הַמַּקְדִּישׁ. אֲבָל אִם פְּדָאָן אַחֵר - הֲרֵי אֵלּוּ יוֹצְאִין לְחֻלִּין אַף עַל פִּי שֶׁעֲדַיִן לֹא נִקְצְצוּ, וְיִהְיוּ מֻתָּרִין אַף לַמַּקְדִּישׁ.

Quiz Yourself on Me`ilah Chapter 4

Footnotes
1.

I.e., so that the fowl will be offered either as burnt-offerings or as sin-offerings.

2.

The rationale for the difference is that, as stated in Chapter 2, Halachot 1-2, the prohibition against me’ilah applies to sacrifices of the most sacred order from the time they were consecrated, but does not apply to sacrifices of a lesser degree of sanctity until their blood is cast on the altar. As reflected by Hilchot Pesulei HaMukdashin 5:1, money set aside for a sacrifice is bound by the same laws as an animal set aside for that sacrifice.

3.

Based on Hilchot Ma’aseh HaKorbanot 15:2, we are forced to say that this refers to a limb or organ on which the life of the animal depends.

4.

The Kessef Mishneh emphasizes that this is the proper version of the text. There are versions which substitute tikaver (“it should be buried”) for tfkrav (“it should be offered”). See Hilchot Arachin 5:14.

5.

The rationale is that one may not redeem a consecrated animal that is unblemished. Hence if the holiness did spread through the entire animal, it would be forbidden to redeem it.

6.

Since it is possible that the holiness did not spread throughout the entire animal, only th’e money paid for that particular limb is consecrated. The remainder is not (Kessef Mishneh). Alternatively, since it is possible that the holiness spread throughout the entire animal and thus it is not fit to be redeemed, the redemption is not effective and the money has not become consecrated (Rav Yosef Corcus).

7.

Even though the funds are sufficient to purchase the burnt-offering and sin-offering that he is also required to bring, since a specific designation was not made, it can be said that they were all intended for the peace-offering.

8.

As stated in Chapter 2, Halachah 1.

9.

Before purchasing animals for his sacrifices or explicitly designating the funds for each one.

10.

Even though one of the offerings is a sin-offering and the money for a sin-offering for a person who died should be cast away and never used, as stated below, an exception is made in this case, for there was an explicit teaching received by Moses at Sinai to that effect (Nazir 25a).

11.

See Hilchot Pesulei HaMukdashim 5:1.

12.

As stated in Chapter 3, Halachah 4.

13.

The funds set aside for the peace offering should be used for a peace offering (Hilchot Nizirut 9:3). The Rambam does not mention that point here because the prohibition of me’ilah does not apply.

14.

For the burnt-offering and peace-offering that he must bring.

15.

For he certainly benefited from the money set aside for the burnt-offering.

16.

For it is possible to say that he benefited only from the money set aside for the peace-offering.

17.

For the sin-offering and peace-offering that he must bring.

18.

For he certainly benefited from the money set aside for the sin-offering.
The Kessef Mishneh questions this ruling, asking why is this instance different from the first clause where we said that it is possible to say that he would use the entire sum to purchase peace-offerings? The Kessef Mishneh gives two answers: a) since the donor has died, there is no way that he can change his mind and use the money only for a peace-offering; b) since he stated: “The remainder is for my nazirite offering,” it would appear that he desired to bring all of his nazirite offering from those funds.

19.

Setting aside specific coins for each sacrifice.

20.

When he used only some of the money, to be liable, he must use more than the value of a peace-offering. Otherwise, it is not certain that coins that had been designated for the sin-offering and the burnt-offering were used and it is possible that he is not liable. Hence were he to bring a guilt-offering to atone for the transgression of me’ilah, he would be transgressing (Rav Yosef Corcus).

21.

A zav, a zavah, a woman after childbirth, and a convert. The first three are required to bring one dove as a burnt-offering and one as a sin-offering. A convert brings two doves as burnt-offerings (Hilchot Mechusrei Kapparah, ch. 1).

22.

For the prohibition against me’ilah applies to both these types of offerings. There is no peace-offering among them (Kessef Mishneh).

23.

The teaching transmitted to Moses mentioned above includes this instance as well.

24.

See Hilchot Pesulei HaMukdashim 15:6; Hilchot Shegagot 3:3.

25.

Rav Yosef Corcus comments that the Rambam does not state “the prohibition against me’ilah does not apply,” for certainly, if one benefits from the sacrifice, the prohibition against me’ilah applies. His intent is that the act of transferring the sacrifice from one sin to another is not considered an act of me’ilah, because it is not effective.
He also notes that Keritot 27b, the source for this ruling, considers atonement dependent on me’ilah and not the converse, as the Rambam states here. Nevertheless, the difference is that here the Rambam is putting the emphasis on me’ilah, while the Talmud is putting the emphasis on whether the sacrifice brings about atonement.

26.

As Rav Yosef Corcus explains, he is considered to have taken the money for his own personal use and then used it to purchase an animal for a sin-offering.

27.

The mandatory minimum value of a guilt-offering (Hilchot Pesulei HaMukdashim 4:22). See the Rambam’s Commentary to the Mishnah (Keritot 6:6) for an explanation of these rulings.

28.

For each sela is worth four dinarim.

29.

As part of his atonement for the transgression of me’ilah.

30.

Even though he paid only a sela for it, he fulfills his obligation, for the profit on the exchange is his.

31.

He is still obligated to bring two guilt-offerings (one for which he was originally liable and one for purchasing one of the rams as an ordinary animal with money set aside to purchase a guilt-offering). And he must make restitution for the sela that he used for the ordinary animal and add an additional fifth.

32.

The four dinarim that he misappropriated plus an additional fifth. This money should come from his own funds.

33.

For one must add a fifth in atonement for me’ilah.

34.

I.e., he should purchase a more valuable animal as a sin-offering.

35.

I.e., he purchased an animal of lesser value for a sin-offering.

36.

Since the money should have been used for the sin-offering and the sin-offering has already been purchased, there is nothing to do with the money, but have it destroyed.
Rav Yosef Corcus comments that this ruling appears to follow the opinion of Rabbi Shimon (Me’ilah 10a) who maintains that any animal designated as a sin-offering should be consigned to death if its owners received atonement through the offering of another sacrifice. Nevertheless, in Hilchot Pesulei HaMukdashim 4:8, the Rambam follows the differing view, which maintains that this stringency is applied only when the first animal was lost and it was discovered after the person found atonement. The Sages who follow that view maintain that, in this instance, the money should be used for a freewill offering. Rav Yosef Corcus explains that since he knew that he misappropriated the money for the sacrifice and yet, did not use it to purchase another more expensive offering, it is as if he purposely diverted it from its intended use. Hence the money is consigned to destruction.

37.

I.e., he should have used the money that he misappropriated and the additional fifth to purchase a more expensive offering. Since he failed to do so, one might think that the money should be destroyed as in the previous instance, Nevertheless, that stringency is not followed for the reason stated by the Rambam.

38.

This applies in all instances, because the stringencies mentioned above apply only to a sin-offering and not a guilt-offering.

39.

The animal should be offered as designated for the sake of its original owner (Rashi, Pesachim 89b).

40.

I.e., given back to the purchaser.

41.

For he purchased a consecrated animal.

42.

We do not say that the additional zuz is a present to the owner (ibid.).

43.

And must make restitution of the value of the article and an additional fifth to the Temple treasury (Nedarim 35a).

44.

For he consecrated it only with regard to himself. It is not considered as the property of the Temple treasury.

45.

For it is not really consecrated property and does not belong to the Temple treasury.

46.

For the article itself has been consecrated and is the property of the Temple treasury.

47.

This is speaking about an instance where the loaf is within a radius of four cubits of a person. A person has the right to acquire any property within four cubits of him (Bava Metzia 10a). Since he has the right to acquire it for himself, he also has the right to consecrate it.

48.

I.e., we evaluate how much it would be worth for a person to be able to endow his heirs with such a gift.

49.

I.e., we do not say that once the loaf leaves the property of the person who consecrated it, its consecrated dimension is released.

50.

Hence giving it to another person is not considered a violation of this prohibition. Had he consecrated the article in a universally applicable manner, the giver would have transgressed when he transferred ownership of the object.

51.

The term konem is one of the terms for vows used in the vernacular of the Talmudic era.

52.

I.e., the Rambam is speaking about situation in which a given article is not worth a p’rutah, but all of the articles together are worth a p’rutah.

53.

I.e., his original vow takes effect repeatedly.

54.

For they were consecrated only until they were cut down. Since the plantings themselves were never consecrated, only their value, the person’s stipulation limits the extent to which the consecration applies. Hence, redemption is not required.
This ruling represents a change of opinion for the Rambam. In his Commentary to the Mishnah (Nedarim 3:4), he rules that after they are cut down, they must be redeemed.

55.

They become his property.

56.

For the vow of the person who consecrated them does not affect them since they now belong to someone else.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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