ב"ה

Rambam - 1 Chapter a Day

Me`ilah - Chapter 6

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Me`ilah - Chapter 6

1There are different situations in which the prohibition against me’ilah applies. There are some articles from which a person benefits that are not ordinarily damageable, e.g., one who uses a pure golden utensil. There are other articles that are damageable, e.g., garments, and utensils made from silver, copper, iron, and the like.1איֵשׁ דְּבָרִים שֶׁהָאָדָם נֶהֱנָה בָּהֶן וְלֹא יִפָּגְמוּ, כְּגוֹן הַמִּשְׁתַּמֵּשׁ בִּכְלִי זָהָב טָהוֹר; וְיֵשׁ דְּבָרִים שֶׁיִּפָּגְמוּ, כְּגוֹן בְּגָדִים, וּכְלֵי כֶּסֶף וּנְחֹשֶׁת וּבַרְזֶל, וְכַיּוֹצֵא בָּהֶן.
When a person derives a p’rutah’s worth of benefit from a consecrated substance that is not attached to the ground,2 if he benefits from an article that is not ordinarily damageable, e.g., he used a consecrated golden utensil,3 he violates the prohibition against me’ilah. If he benefits from an article that is damageable, e.g., he wore consecrated garments or chopped with a consecrated axe, he does not violate the prohibition against me’ilah until he causes a p’rutah’s worth of damage to consecrated property, i.e., the article from which he benefited itself, with the intent to benefit from it even though it causes damage at that time.וְהַנֶּהֱנֶה בְּשָׁוֶה פְּרוּטָה מִן הַהֶקְדֵּשׁ שֶׁאֵינוֹ מְחֻבָּר בַּקַּרְקַע: אִם נֶּהֱנֶה בְּדָבָר שֶׁאֵין בּוֹ פְּגָם, כְּגוֹן שֶׁנִּשְׁתַּמֵּשׁ בִּכְלִי זָהָב שֶׁל הֶקְדֵּשׁ – מָעַל; נֶּהֱנֶה בְּדָבָר שֶׁיִּפָּגֵם, כְּגוֹן שֶׁלָּבַשׁ בִּגְדֵי הֶקְדֵּשׁ, אוֹ בָּקַע בְּקֻרְדֹּם - לֹא מָעַל, עַד שֶׁיִּפְגֹּם בַּהֶקְדֵּשׁ בְּשָׁוֶה פְּרוּטָה בְּאוֹתוֹ דָּבָר עַצְמוֹ שֶׁנֶּהֱנֶה בּוֹ, וְיִתְכַּוֵּן לֵהָנוֹת וְיִפְגֹּם וְיֵהָנֶה כְּאַחַת.
If he derived a half a p’rutah of benefit and damaged a half a p’rutah or he derived a p’rutah of benefit and damaged a p’rutah’s worth of another article, but did not benefit from what he damaged or did not damage the article from which he benefited, he does not violate the prohibition against me’ilah unless he derives a p’rutah’s worth of benefit and causes a p’rutah’s worth of damage to that article while deriving benefit from it.4נֶּהֱנֶה בְּכַחֲצִי פְּרוּטָה וּפָגַם בְּכַחֲצִי פְּרוּטָה, אוֹ שֶׁנֶּהֱנֶה בְּשָׁוֶה פְּרוּטָה וּפָגַם בְּשָׁוֶה פְּרוּטָה בְּדָבָר אַחֵר, וְלֹא נֶּהֱנֶה בְּמַה שֶׁפָּגַם וְלֹא פָגַם בְּמַה שֶׁנֶּהֱנֶה - הֲרֵי זֶה לֹא מָעַל, עַד שֶׁיֵּהָנֶה בְּשָׁוֶה פְּרוּטָה וְיִפְגֹּם בְּאוֹתָהּ הֲנָאָה בְּשָׁוֶה פְּרוּטָה בַּדָּבָר עַצְמוֹ.
What is implied? A person removed a patch from a consecrated garment and sewed it unto his garment and wore it, deriving a p’rutah’s worth of benefit and causing a p’rutah’s worth of damage to the garment from which he removed it, without damaging the patch at all. He does not violate the prohibition against me’ilah, because he derived benefit from one article and damaged another.כֵּיצַד? הֲרֵי שֶׁהִתִּיר מַטְלִית מִבֶּגֶד הֶקְדֵּשׁ, וּתְפָרָהּ בְּבִגְדוֹ וּלְבָשָׁהּ, וְנֶּהֱנֶה בָּהּ בְּשָׁוֶה פְּרוּטָה, וְהִפְסִיד בַּבֶּגֶד שֶׁהִתִּירָהּ מִמֶּנּוּ בְּשָׁוֶה פְּרוּטָה, וְלֹא הִפְסִיד בַּמַּטְלִית כְּלוּם - הֲרֵי זֶה לֹא מָעַל; מִפְּנֵי שֶׁנֶּהֱנֶה בְּדָבָר וּפָגַם בְּדָבָר אַחֵר.
We already explained,5 that when a person derives benefit and causes a colleague to derive benefit, the two can be combined to reach the minimum measure of a p’rutah’s worth even if there is a long interval between them.וּכְבָר בֵּאַרְנוּ שֶׁהַנֶּהֱנֶה וּמְהַנֶּה חֲבֵרוֹ - מִצְטָרֵף, וְאַפִלּוּ לִזְמַן מְרֻבֶּה.
2When a person removes wool from unblemished animals consecrated as sacrifices of the highest order of sanctity,6 since he derived a p’rutah’s worth of benefit, he violates the prohibition against me’ilah even though he did not damage the animals. The animals are comparable to a cup of gold, for the removal of their wool does not prevent them from being offered.7בקָדְשֵׁי קָדָשִׁים הַתְּמִימִים שֶׁתָּלַשׁ מִצַּמְרָן - כֵּיוָן שֶׁנֶּהֱנֶה בִּפְרוּטָה מָעַל, אַף עַל פִּי שֶׁלֹּא פָגַם; שֶׁהֲרֵי הֵן דּוֹמִין לְכוֹס שֶׁל זָהָב שֶׁאֵינוֹ נִפְגָם - שֶׁאֵין תְּלִישַׁת הַצֶּמֶר פּוֹסֶלֶת אוֹתָן מִלִּקָּרֵב.
If, however, sacrificial animals incurred a physical blemish,8 since they are designated to be sold and being shorn causes their worth to decrease,9 the prohibition against me’ilah applies. Nevertheless, one does not violate that prohibition unless he derives a p’rutah’s worth of benefit and causes that amount of damage.10אֲבָל אִם נָפַל בָּהֶן מוּם, הוֹאִיל וְלַמְּכִירָה עוֹמְדִין, וְהַגִּזָּה פּוֹגֶמֶת דְּמֵיהֶן - לֹא מָעַל עַד שֶׁיֵּהָנֶה וְיִפְגֹּם בִּפְרוּטָה.
If one removes wool from a sacrificial animal after it dies,11 since he derived benefit, he violates the prohibition against me’ilah, for there is no conception of reducing an animal’s value once it has died. In this instance, this prohibition against me’ilah is of Rabbinic origin, as we explained.12תָּלַשׁ מֵהֶן אַחֵר שֶׁמֵּתוּ, כֵּיוָן שֶׁנֶּהֱנֶה - מָעַל; שֶׁאֵין פְּגָם לַמֵּתָה. וּמְעִילָה זוֹ מִדִּבְרֵיהֶם, כְּמוֹ שֶׁבֵּאַרְנוּ.
3When a person misappropriates articles consecrated for the improvement of the Temple unintentionally, since he did not act intentionally, the consecrated article loses its holiness.13 Anyone who benefits from it afterwards is not liable.14 If one intentionally misappropriates a consecrated article, since he is not obligated to bring a sacrifice to atone for me’ilah,15 the consecrated article does not lose its holiness. Instead, it remains in its consecrated state. Hence, if another person comes and benefits from it unintentionally, he violates the prohibition against me’ilah.גהַמּוֹעֵל בְּקָדְשֵׁי בֶּדֶק הַבַּיִת, כֵּיוָן שֶׁמָּעַל בִּשְׁגָגָה - נִתְחַלֵּל הַקֹּדֶשׁ, וְזֶה שֶׁיֵּהָנֶה אַחֲרָיו פָּטוּר. מָעַל בְּזָדוֹן, הוֹאִיל וְאֵינוֹ חַיָּב בְּקָרְבַּן מְעִילָה - לֹא נִתְחַלֵּל הַקֹּדֶשׁ, אֶלָא הֲרֵי הוּא בַּהֲוִיָּתוֹ, וְאִם בָּא אַחֵר וְנֶּהֱנֶה בּוֹ בִּשְׁגָגָה, מָעַל.
When does the above16 apply? When one misappropriated the article while it was consecrated, used it as if it was an ordinary article, and transferred ownership17 to another person. If, however, one derived benefit from it and damaged it, but did not transfer ownership to another person, there is the possibility of another person18 violating the prohibition against me’ilah with it, even though it has already been violated previously.בַּמֶּה דְּבָרִים אֲמוּרִים? כְּשֶׁמָּעַל בַּקֹּדֶשׁ, וְהוֹצִיאוֹ בְּתוֹרַת חֻלִּין, וְהִקְנָהוּ לְאַחֵר; אֲבָל אִם נֶּהֱנֶה בּוֹ, וּפְגָמוֹ, וְלֹא הִקְנָהוּ לְאַחֵר - יֵשׁ בּוֹ מוֹעֵל אַחַר מוֹעֵל.
4The concept of a second person violating the prohibition against me’ilah with a consecrated article after someone has already done so applies only with regard to an animal19 and a utensil.דוְאֵין מוֹעֵל אַחַר מוֹעֵל בְּמֻּקְדָּשִׁין, אֶלָא בַּבְּהֵמָה וּכְלֵי תַּשְׁמִישׁ בִּלְבַד.
What is implied? One chopped with an axe that was consecrated, derived a p’rutah’s worth of benefit, and damaged the axe. Then his colleague came, chopped with it, derived benefit, and damaged the axe, and then another colleague came, chopped with it, derived benefit, and damaged the axe; they all violate the prohibition against me’ilah.20כֵּיצַד? בָּקַע בְּקֻרְדֹּם שֶׁל הֶקְדֵּשׁ וְנֶּהֱנֶה בִּפְרוּטָה וּפָגַם, וּבָא חֲבֵרוֹ וּבָקַע בּוֹ וְנֶּהֱנֶה וּפָגַם, וּבָא חֲבֵרוֹ וּבָקַע בּוֹ וְנֶּהֱנֶה וּפָגַם - כֻּלָּם מָעֲלוּ.
If he gave it to his colleague as a present,21 he violates the prohibition against me’ilah, but his colleague does not.נָטַל הַקֻרְדֹּם וּנְתָנוֹ לַחֲבֵרוֹ - הוּא מָעַל, אֲבָל חֲבֵרוֹ לֹא מָעַל.
If one drank from a golden goblet and derived a p’rutah’s worth of benefit,22 his colleague came, drank, and derived benefit, and then another colleague came, drank, and derived benefit, they all violate the prohibition against me’ilah. If he took the goblet and gave it to his colleague as a present or sold it to him,23 he violates the prohibition against me’ilah, but his colleague does not.שָׁתָה בְּכוֹס שֶׁל זָהָב וְנֶּהֱנֶה בִּפְרוּטָה, וּבָא חֲבֵרוֹ וְשָׁתָה וְנֶּהֱנֶה, וּבָא חֲבֵרוֹ וְשָׁתָה וְנֶּהֱנֶה - כֻּלָּם מָעֲלוּ. נָטַל הַכּוֹס וּנְתָנוֹ לַחֲבֵרוֹ מַתָּנָה אוֹ מְכָרוֹ - הוּא מָעַל, וַחֲבֵרוֹ לֹא מָעַל.
If one rode on a donkey, derived a p’rutah’s worth of benefit, and damaged the donkey, his colleague rode on it, derived benefit, and damaged it, and then another colleague came, rode on it, derived benefit, and damaged it, they all violate the prohibition against me’ilah.רָכַב עַל גַּבֵּי הַחֲמוֹר וְנֶּהֱנֶה בִּפְרוּטָה וּפָגַם, וּבָא חֲבֵרוֹ וְרָכַב עָלָיו וְנֶּהֱנֶה וּפָגַם, וּבָא חֲבֵרוֹ וְרָכַב עָלָיו וְנֶּהֱנֶה וּפָגַם - כֻּלָּם מָעֲלוּ.
If he gave it to his colleague as a present, sold it to him, or rented it to him, he violates the prohibition against me’ilah, but his colleague does not.נָתַן הַחֲמוֹר לַחֲבֵרוֹ מַתָּנָה אוֹ מְכָרוֹ אוֹ שְׂכָרוֹ - הוּא מָעַל, וַחֲבֵרוֹ לֹא מָעַל.
Similarly, if he lends out a consecrated axe, he is considered to have misappropriated the amount of satisfaction he received from having lent out the axe. His colleague is permitted to chop with it24 even as an initial preference. Similar laws apply with regard to an animal.25וְכֵן הַמַּשְׁאִיל קֻרְדֹּם שֶׁל הֶקְדֵּשׁ - הוּא מָעַל לְפִי טוֹבַת הֲנָאָה שֶׁבּוֹ, וַחֲבֵרוֹ מֻתָּר לְבַקֵּעַ בּוֹ לְכַתְּחִלָּה. וְהוּא הַדִּין לַבְּהֵמָה.
5These laws do not apply to an animal consecrated to the altar.26 Instead, there is the possibility for several individuals to violate the prohibition against me’ilah, one after the other.הבֶּהֱמַת קָדְשֵׁי מִזְבֵּחַ אֵינָהּ כֵּן, אֶלָא יֵשׁ בָּהּ מוֹעֵל אַחַר מוֹעֵל, עַד כַּמָה פְּעָמִים.
What is implied? One removed wool from an animal that is a sin-offering, his colleague came and removed wool, and a third colleague came and removed wool, they all violate the prohibition against me’ilah.כֵּיצַד? תָּלַשׁ מִן הַחַטָּאת, וּבָא חֲבֵרוֹ וְתָלַשׁ, וּבָא חֲבֵרוֹ וְתָלַשׁ - כֻּלָּן מָעֲלוּ.
Similarly, if one gave it to a colleague and the colleague gave it to a third individual, they all violate the prohibition against me’ilah.27וְכֵן אִם נְתָנָהּ לַחֲבֵרוֹ, וַחֲבֵרוֹ לַחֲבֵרוֹ - כֻּלָּן מָעֲלוּ.
It appears to me28 that the laws applying to meal-offerings, offerings of fowl, libations, and sacrificial utensils are the same as those applying to an animal to be offered as a sacrifice, for in all these instance, the very physical person of the entity is consecrated.וְיֵרָאֶה לִי שֶׁדִּין הַמְּנָחוֹת, וְהָעוֹפוֹת, וְהַנְּסָכִים, וּכְלֵי שָׁרֵת - כְּדִין הַבְּהֵמָה, שֶׁכֻּלָּן קְדֻשַּׁת הַגּוּף הֵן.
6When an animal consecrated as a sacrifice of the most sacred order becomes blemished and it is fit to be redeemed,29 it is considered like an entity consecrated for the improvement of the Temple, whose worth30 is consecrated.ובֶּהֱמַת קָדְשֵׁי קָדָשִׁים שֶׁנָּפַל בָּהּ מוּם, הוֹאִיל וְהִיא עוֹמֶדֶת לְפִדְיוֹן - הֲרֵי הִיא כְּקָדְשֵׁי בֶּדֶק הַבַּיִת, שֶׁהִיא קְדֻשַּׁת דָּמִים.
If one gave it to a colleague and the colleague gave it to a third individual, only the first violates the prohibition against me’ilah.31וְאִם נְתָנָהּ לַחֲבֵרוֹ, וַחֲבֵרוֹ לַחֲבֵרוֹ - הָרִאשׁוֹן בִּלְבַד מָעַל.
7Our Sages declared32 that one who takes a consecrated stone or beam intentionally and gives it to a colleague, they both violate the prohibition against me’ilah.33זאָמְרוּ חֲכָמִים, שֶׁהַנּוֹטֵל אֶבֶן אוֹ קוֹרָה שֶׁל הֶקְדֵּשׁ, וּנְתָנָהּ לַחֲבֵרוֹ - שְׁנֵיהֶם מָעֲלוּ.
If he gives it to the treasurer in whose possession the article was, that person violates the prohibition against me’ilah, but the treasurer does not.34וְאִם נְתָנָהּ לְזֶה הַגִּזְבָּר שֶׁהָיְתָה תַּחַת יָדוֹ - הוּא מָעַל, וְהַגִּזְבָּר לֹא מָעַל.
It appears to me that these concepts were stated only with regard to a person who willfully misappropriates a consecrated object, in which instance the holiness of the consecrated article does not depart.35וְיֵרָאֶה לִי שֶׁאֵין אֵלּוּ הַדְּבָרִים אֲמוּרִים אֶלָא בַּמּוֹעֵל בְּזָדוֹן - שֶׁהֲרֵי לֹא נִתְחַלֵּל הֶקְדֵּשׁ.
When a person takes a consecrated p’rutah with the conception that it is his own, he does not violate the prohibition against me’ilah until he uses it for his own desires or gives it as a present.הַנּוֹטֵל פְּרוּטָה שֶׁל הֶקְדֵּשׁ עַל דַּעַת שֶׁהִיא שֶׁלּוֹ - לֹא מָעַל עַד שֶׁיּוֹצִיא אוֹתָהּ בַּחֲפָצָיו, אוֹ עַד שֶׁיִּתֵּן אוֹתָהּ בְּמַתָּנָה.
If he gives it to his colleague as a present, he violates the prohibition against me’ilah, but his colleague does not. For, with regard to other consecrated articles, one person violates the prohibition against me’ilah, but the one following him does not, as we explained.36 Similar laws apply in all analogous situations.נְתָנָהּ לַחֲבֵרוֹ - הוּא מָעַל, וַחֲבֵרוֹ לֹא מָעַל; שֶׁאֵין מוֹעֵל אַחַר מוֹעֵל בִּשְׁאָר הֶקְדֵּשׁוֹת, כְּמוֹ שֶׁבֵּאַרְנוּ. וְכֵן כָּל כַּיּוֹצֵא בְּזֶה.
8If he takes a consecrated stone or beam, he does not violate the prohibition against me’ilah,37 because he has not benefited as of yet.חנָטַל אֶבֶן אוֹ קוֹרָה שֶׁל הֶקְדֵּשׁ - לֹא מָעַל, שֶׁהֲרֵי לֹא נֶּהֱנֶה עֲדַיִן.
If he builds it into his home, he violates that prohibition.38בָּנָה אוֹתָהּ בְּתוֹךְ בֵּיתוֹ, מָעַל.
If he places it on top of a window in the room without attaching it, he does not violate the prohibition against me’ilah until he dwells under it for a p’rutah’s worth of benefit, because merely placing it there is not considered as discernible benefit.39נְתָנָהּ עַל גַּבֵּי חַלּוֹן שֶׁבַּתִּקְרָה וְלֹא חִבְּרָהּ - לֹא מָעַל, עַד שֶׁיָּדוּר תַּחְתֶּיהָ בְּשָׁוֶה פְּרוּטָה; שֶׁאֵין זוֹ הֲנָאָה הַנִּכֶּרֶת.
9If one took a consecrated p’rutah gave it to a bath attendant, he violates the prohibition against me’ilah even though he has not bathed yet, for he benefits in that he could bathe whenever he desires.טנָטַל פְּרוּטָה שֶׁל הֶקְדֵּשׁ, וּנְתָנָהּ לַבַּלָּן, אַף עַל פִּי שֶׁלֹּא רָחַץ - מָעַל, שֶׁהֲרֵי נֶּהֱנֶה בִּהְיוֹתוֹ רוֹחֵץ בְּכָל עֵת שֶׁיִּרְצֶה.
Similarly, if he gives it to another type of craftsman as payment for his services,40 he violates the prohibition even though the craftsman has not performed any work.וְכֵן אִם נְתָנָהּ לְאֶחָד מִבַּעֲלֵי אֻמָּנִיּוֹת - מָעַל, אַף עַל פִּי שֶׁעֲדַיִן לֹא עָשׂוּ מְלַאכְתּוֹ.
10The following rules apply if one purchased an article with a consecrated p’rutah, but did not draw the article after him.41 If he purchased it from a gentile,42 he violates the prohibition against me’ilah; if, from a Jew, he does not violate that prohibition.43יקָנָה בָּהּ חֵפֶץ וְלֹא מָשַׁךְ: אִם מִן הַגּוֹי, מָעַל; וְאִם מִיִּשְׂרָאֵל, לֹא מָעַל.
11When a person spends consecrated money for his own needs with the understanding that they are ordinary funds, he violates the prohibition against me’ilah even though he did not spend the money for ordinary matters.יאהַמּוֹצִיא מְעוֹת הֶקְדֵּשׁ בִּצְרָכָיו עַל דַּעַת שֶׁהֵן חֻלִּין, אַף עַל פִּי שֶׁלֹּא הוֹצִיאָן בְּדִבְרֵי חֹל - מָעַל.
What is implied? A person who brings his sin-offering, guilt-offering, or Paschal sacrifice from consecrated funds or a person who is lacking atonement44 who brings his atonement offering from consecrated funds violates the prohibition against me’ilah.45כֵּיצַד? הַמֵּבִיא חַטָּאתוֹ וַאֲשָׁמוֹ וּפִסְחוֹ מִן הַהֶקְדֵּשׁ, וְכֵן מְחֻסַּר כַּפָּרָה שֶׁהֵבִיא כַּפָּרָתוֹ מִן הַהֶקְדֵּשׁ - מָעַל.
None of the above violate the prohibition until the blood is cast on the altar.46 Therefore one who brings meal-offerings, libations, or the bread for a thanksgiving offering does not violate the prohibition against me’ilah even though he violates a transgression. The rationale is that these offerings do not involve casting blood on the altar to atone for the person.וְכֻלָּם, אֵין מוֹעֲלִין עַד שֶׁיִּזָּרֵק הַדָּם. לְפִיכָךְ הַמֵּבִיא מְנָחוֹת וּנְסָכִים וְלֶחֶם תּוֹדָה מִן הַהֶקְדֵּשׁ, אַף עַל פִּי שֶׁעָבַר עֲבֵרָה - לֹא מָעַל, שֶׁאֵין כָּאן זְרִיקַת דָּם לְכַפֵּר עָלָיו.
12If a person pays his half-shekel47 from consecrated funds,48 when money is taken from the collection of funds49 and even one animal is purchased and its blood is cast on the altar, the person who paid with the half-shekel violates the prohibition against me’ilah, because he has a portion in the animal whose blood was cast.50יבנָתַן שִׁקְלוֹ מִמְּעוֹת הֶקְדֵּשׁ - כְּשֶׁיִּתְרְמוּ הַתְּרוּמָה, וְיִקְנוּ מִמֶּנָּה אַפִלּוּ בְּהֵמָה אַחַת, וְיִזָּרֵק דָּמָהּ, יִמְעַל הַשּׁוֹקֵל; שֶׁהֲרֵי חֶלְקוֹ בְּאוֹתָהּ הַבְּהֵמָה שֶׁנִּזְרַק דָּמָהּ.
13When a person sets aside his half-shekel51 and then uses it for his personal needs both he and his colleague violate the prohibition against me’ilah.52יגהַמַפְרִישׁ שִׁקְלוֹ, וְהוֹצִיאוֹ בִּשְׁאָר צְרָכָיו, בֵּין הוּא בֵּין חֲבֵרוֹ - מָעַל.
The following laws apply when one gives a half- shekel to a colleague to donate on the principal’s behalf and the agent donates it on his own behalf. If the money for the sacrifices was already set aside,53 the agent who made the donation violates the prohibition against me’ilah,54 for the priest who sets aside the money takes also on behalf of the money that will be collected in the future,55 as we explained in Hilchot Shekalim.56 Thus it is considered as if this shekel already reached the treasury.57 Therefore the agent violates the prohibition against me’ilah. If the money was not taken yet, he does not violate the prohibition against me’ilah.58 The prohibition against me’ilah does not apply to money that remains in the chamber.59נְתָנוֹ לַחֲבֵרוֹ לְשָׁקְלוֹ עַל יָדוֹ, הָלַךְ וּשְׁקָלוֹ עַל יְדֵי עַצְמוֹ: אִם כְּבָר נִתְרְמָה הַתְּרוּמָה, מָעַל הַשּׁוֹקֵל; שֶׁהַתּוֹרֵם תּוֹרֵם עַל הָעָתִיד לְהִגָּבוֹת, כְּמוֹ שֶׁבֵּאַרְנוּ בִּשְׁקָלִים, וּכְאִלּוּ הִגִּיעַ שֶׁקֶל זֶה לַלִּשְׁכָּה, וּלְפִיכָךְ מָעַל. וְאִם עֲדַיִן לֹא נִתְרְמָה תְּרוּמָה, לֹא מָעַל. וּלְעוֹלָם אֵין מוֹעֲלִין בִּשְׁיָרֵי הַלִּשְׁכָּה.

Quiz Yourself on Me`ilah Chapter 6

Footnotes
1.

Note the parallels in Hilchot Gezeilah Va’Aveidah 13:12.

2.

If it is attached to the ground, this prohibition does not apply, as stated in Chapter 5, Halachah 5.

3.

In his Commentary to the Mishnah (Me’ilah 5:1), the Rambam writes that “pure gold will not be diminished to a significant extent even over the course of several hundred years.”

4.

To exemplify this concept, in his Commentary to the Mishnah (ibid.:2), the Rambam speaks of a person who partakes of consecrated food. He derived benefit from that food and consumed it.
Implied by the same principle is that a person who damages a consecrated article, but does not derive benefit from it, does not violate the prohibition against me’ilah (Rav Yosef Corcus).

5.

Chapter 5, Halachot 3-4; see also Hilchot Shegagot 9:9.

6.

This ruling does not apply to sacrificial animals of a lesser degree of sanctity, for the prohibition against me’ilah does not apply to such animals before they are slaughtered, as stated in Chapter 2, Halachah 1.

7.

I.e., even if the animal has been weakened and its value diminished, it is still fit for a sacrifice and will bring atonement for the owner (Rashi, Me’ilah 19a). Although the Ra’avad objects to the Rambam’s ruling, Rav Yosef Corcus maintains that the Ra’avad did not possess the complete text of that Talmudic passage.

8.

Not necessarily as a result of that person’s activities.

9.

For the more wool there is on an animal, the more it is worth.

10.

Taking the wool will damage the animal’s worth, because now it would be worth less.

11.

Seemingly, this would apply whether the animal was blemished or not.

12.

Chapter 3, Halachah 1.

13.

I.e., the holiness is transferred to the money brought as atonement.

14.

Since its holiness has departed, it is not considered as if he benefited from a consecrated article.

15.

In his Commentary to the Mishnah (Me’ilah 6:2), the Rambam writes that a person who intentionally misappropriates a consecrated object is not required to bring a sacrifice because “his sin is too severe to be atoned for by merely bringing a sacrifice and making restitution.”

16.

I.e., that when one violates the prohibition against me'ilah inadvertently, a second person who benefits from the article does not violate the prohibition.

17.

Selling it or giving it as a present (ibid. 5:3).

18.

And indeed, even a thousand such people (ibid.).

19.

Here the Rambam is speaking about a non-kosher animal as apparent from the example he gives and from the following halachot.

20.

For its ownership was not transferred; Since none of the individuals sought to give it away to another person, it never departed from its status as consecrated property.

21.

Transferring its ownership.

22.

Since the goblet was made of gold, the prohibition is violated even though it was not damaged, as stated in Halachah 1.
As the Kessef Mishneh and Rav Yosef Corcus explain, the Rambam’s rulings come from his juxtaposition of the teachings of the Mishnah (Me’ilah 5:3) with those of the Tosefta (Me’ilah 2:1). In doing so, he resolves those sources in a different manner than other commentaries.

23.

For renting it for a limited period of time is equivalent to selling it, since during the time it is rented, it is no longer in the legal domain of the renter.

24.

Even though the axe is consecrated, there are no restrictions on his colleague.

25.

Consecrated for the Temple treasury.

26.

I.e., one consecrated as a sacrifice of the highest order of sanctity, as explained in Halachah 1.

27.

This reflects the difference between an entity that is consecrated to be offered as a sacrifice and one consecrated for its value.

28.

I.e., a conclusion made by the Rambam by deduction without an explicit prior Rabbinic source.

29.

So that it could be used for mundane purposes.

30.

And not its physical person.

31.

I.e., it follows the rulings mentioned in Halachah 4 and not the rulings found in Halachah 5.

32.

Me’ilah 19b.

33.

For, as stated in Halachah 3, when a person intentionally misappropriates a consecrated object, its sacred quality does not depart. Hence, anyone who uses it after him also violates the prohibition against me’ilah.

34.

In his Commentary to the Mishnah (Me’ilah 5:4), the Rambam explains that since the article was in the treasurer’s possession before the person took it and it remained in his possession after it was given to him, and he did not benefit from it, he does not violate the prohibition against me’ilah.
This represents the Rambam’s interpretation of Me’ilah 19b-20a. The Ra’avad, Rashi, and others understand the passage differently. The Kessef Mishneh also understands the Rambam differently

35.

In contrast to one who misappropriates it inadvertently, as the Rambam proceeds to explain.
The statements beginning “It appears to me” did not appear in the original version of the Rambam’s Commentary to the Mishnah (loc. cit.), but were added in the later version.

36.

See Halachah 4 and the halachot that follow.

37.

In his Commentary to the Mishnah (toe. cit.), the Rambam explains that this applies even if he damages the article. As long as he does not derive benefit, he does not violate the prohibition.

38.

Even if he does not dwell under its shade at all, he violates the prohibition against me’ilah, because incorporating the consecrated article into a building is considered as benefit.

39.

It is not obvious that he is placing it there for a purpose.

40.

Rav Yosef Corcus emphasizes that we are speaking about a situation in which the craftsman performs a service, but there is no article associated with that service. Otherwise, he would need to draw the article after him as mentioned in the following halachah.

41.

As the Rambam states in Hilchot Mechirah 3:1, according to Scriptural Law, the payment of money completes a transaction. Nevertheless, the Sages ordained that the transaction not be completed until he pulls it after him (meshichah).

42.

According to the Rambam (Hilchot Zechiyah UMatanah 1:14), a gentile can complete his acquisition of an article through either the payment of money or through drawing it after him. (Many other authorities differ and maintain that also for a gentile, the payment of money is not sufficient to finalize a transaction.) Thus according to the Rambam, since the article has been transferred to the gentile’s ownership, the prohibition against me’ilah applies.

43.

Because the object has not been transferred to the Jew’s ownership.

44.

A zav, zavah, or the like who may not partake of sacrificial offerings until they bring the offerings required of them. See Hilchot Mechusrei Kapparah, ch. 1.

45.

For even though he is bringing a sacrifice, he is deriving personal benefit, his atonement, from doing so.

46.

For it is the casting of blood that brings him atonement.

47.

I.e., the half-shekel that each person is obligated to give each year to contribute towards the purchase of communal sacrifices. See Hilchot Shekalim, ch. 1.

48.

Although he transgresses, he is considered to have fulfilled the mitzvah of giving a half-shekel (Hilchot Shekalim 3:11).

49.

Three times a year money was taken from the funds collected and placed in one of the Temple chambers and placed in baskets. The money in the baskets is referred to as teru.mat halishkah (ibid., ch. 3).

50.

For every Jew has a portion in the communal sacrifices.
In his Commentary to the Mishnah (Shekalim 2:2), the Rambam writes that initially, when the person pays the money to the Temple treasurers, its status does not change. The half-shekel remains consecrated and the person is not considered to have violated the prohibition against me’ilah. When the animal is sacrificed, the priest has the intent that everyone who gave his half-shekel has a share in the animal. It is then that the person acquires his share and violates the prohibition against me’ilah.
In that commentary, the Rambam cites our Sages’ statement (Eruvin 31a) that rnitzvot were not given for our satisfaction and asks: Since the money was used to fulfill a mitzvah, what benefit did the person receive? He explains that people who did not pay their half-shekalim were physically compelled to do so (the Jerusalem Talmud, Shekalim 1:3). The benefit the person receives is that he is not subjected to this compulsion.

51.

From his own funds.

52.

The Rambam’s wording is somewhat difficult and has attracted the attention of the commentaries. Rav Yosef Corcus explains that we are not speaking about a situation in which a person gave the half-shekel to a colleague and the colleague used it for his own purposes, because it is already stated in Halachah 3 that in such a situation the person who originally owned the money violates the prohibition against me’ilah, but the recipient does not. Instead, this is speaking about a situation where the half-shekel never left the original owner’s domain and either he or a colleague used it there.
From a comparison to the latter clauses of the halachah, it appears that this is speaking about a situation where the money for the sacrifices had already been set aside, as stated in note 49.

53.

I.e., money was taken from the collected funds and set aside for use for the purchase of sacrifices.

54.

For he is taking a consecrated article, the half-shekel, and using it on his own behalf. The benefit he derives is that, as explained above, coercion will not be used to compel him to pay the half-shekel.

55.

I.e., when the priest sets aside the money for the communal sacrifices, he has in mind that if someone had not given his half-shekel as of yet, when he does give it, it will be retroactively considered as if he had a share in the sacrifices purchased with this money set aside.

56.

Hilchot Shekalim 2:9.

57.

Although in actuality it had not reached the treasury, it was considered as consecrated funds.

58.

Because at the time he took it for himself, it had not been consecrated. He is obligated to reimburse his colleague for the half-shekel (Hilchat Shekalim 3:10).

59.

As stated in Hilchot Shekalim 2:4, after the money that was used to purchase communal sacrifices and take care of other necessities in the Temple were set aside from the collection of half-shekalim, any money that remained was considered as “money remaining in the chamber.” As stated in Hilchot Shekalim 4:8-9, this money was used for improvements to the Temple and the city of Jerusalem and for burnt-offerings sacrificed when the altar was free.
Once the third batch of money set aside for the purchase of the communal sacrifices was separated, the remainder of the money was considered as ordinary funds. Hence the prohibition against me'ilah no longer applies to it.

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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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.