ME'ILAH 13 (ROSH HASHANAH) - Dedicated l'Zechut Refu'ah Shleimah for Elisheva Chaya bat Leah. Dedicated by Michael Steinberg, David Steinberg, and Ethan Steinberg.

1)

SHEVACH HEKDESH

(a)

(Mishnah): Me'ilah applies to the following (the Mishnah will give examples):

1.

Things fit for the Mizbe'ach, but not for Bedek ha'Bayis;

2.

Things fit for Bedek ha'Bayis, but not for the Mizbe'ach. (Most Rishonim hold that this refers to things useful for building. Re'em (in Shitah Mekubetzes, Bava Basra 79a) - it refers to things that Bedek ha'Bayis could honorably sell and benefit from the proceeds, but not to manure. Money paid for it is disgraceful, like Mechir Kelev. Still, Me'ilah applies, for in any case it is Hekdesh.)

3.

Things not fit for either of these.

(b)

If one was Makdish any of the following, Me'ilah applies to it and its contents:

1.

A pit full of water (it can be used for mud for Bedek ha'Bayis, but not for the Mizbe'ach), a waste heap full of manure (it is not fit for either), a dovecote full of doves (they are valid for Korbanos), a tree full of fruit, or a field full of grass.

(c)

However, if one was Makdish it empty, and afterwards the pit, waste heap, dovecote, tree or field became full, Me'ilah applies to it, but not to its contents;

(d)

R. Yosi says, Me'ilah applies to a field and tree and to what later grows in them, for they are Gidulei (things that grow from) Hekdesh.

(e)

The calf of (an animal made) Ma'aser may not nurse from its mother;

1.

Others are Misnadev for this. (Tosfos - they volunteer Chulin animals from which the calves may nurse. Rashi - they bring females into the pen on condition that if they become Ma'aser, the milk will be Chulin).

(f)

Similarly, the child of a Korban may not nurse from its mother. Others are Misnadev for this.

(g)

(Even though the Torah entitles a worker to eat from food he works with,) one who works for Hekdesh may not eat figs (or any other food) of Hekdesh;

(h)

Similarly, (even though one may not muzzle an animal working with food,) we do not let a cow eat vetch of Hekdesh.

(i)

(Gemara) Question: What is the source that we may not let a child of a Ma'aser animal nurse from its mother?

(j)

Answer (Rav Achdevoy bar Ami): We learn from a Gezeirah Shavah "Ha'avarah-Ha'avarah" from Bechor. Just like Me'ilah applies to (every part of) Bechor (it is a male, it has no milk), it applies to (every part, including) milk of Ma'aser. ("Me'ilah" is imprecise. Me'ilah does not apply to milk (Mishnah 12b), nor to Kodshim Kalim before Zerikah. Rather, it refers to Isur Hana'ah.)

(k)

(Mishnah): A worker may not eat figs of Hekdesh...

(l)

Question: What is the reason? (Tosfos - we ask about this law. Rashi - we ask why a cow may not eat. We know that workers eat only "b'Cherem Re'echa," i.e. in one's vineyard, but not from Hekdesh.)

(m)

Answer (Rav Achdevoy bar Ami): "Lo Sachsom Shor b'Disho" -- the Isur to muzzle applies to the owner's threshing, not to Hekdesh's. (Tosfos - the Torah equates the rights of people to eat while working with the rights of animals to eat while working.)

(n)

One who threshes (Chulin) Kal'ilin (a kind of legume) in a Hekdesh field is Mo'el (he benefits from the field).

(o)

Question: Me'ilah applies only to detached things!

(p)

Answer (Ravina): (Me'ilah applies to the dust that is strewn up.) We learn that dust is beneficial for Kal'ilin.

13b----------------------------------------13b

2)

ME'ILAH OF WATER

(a)

(Mishnah): If roots of one's tree enter a Hekdesh field, or roots of a Hekdesh tree enter one's field, one may not benefit from them. Me'ilah does not apply to them. (The Gemara in Bava Basra explains that the Seifa discusses roots that grew after the tree was Hukdash. This Tana holds that Me'ilah does not apply to Gidulei Hekdesh. Alternatively, the Reisha discusses roots within 16 Amos of the tree (they belong to the tree's owner), and the Seifa discusses roots beyond 16 Amos. The latter belong to the owner of the field, therefore there is no Me'ilah.)

(b)

If a spring (originates in a Chulin field, and) passes through a Hekdesh field, one may not benefit from it. Me'ilah does not apply to it;

1.

After it leaves the Hekdesh field, one may benefit from it.

(c)

One may not benefit from water in a gold (Chulin) jug (drawn for Nisuch ha'Mayim on Sukos), Me'ilah does not apply to it;

1.

After it is put in a gold (Hekdesh) flask, Me'ilah applies to it.

(d)

One may not benefit from an Aravah (willow branch). Me'ilah does not apply to it. (This refers to an Aravah designated to be erected by the Mizbe'ach on Sukos (Sukah 45a). It only resembles Hekdesh - Tif'eres Yisrael. Rambam - it refers to an Aravah that grew in a Hekdesh field.)

(e)

R. Eliezer b'Rebbi Tzadok says, Chachamim used to put it with their Lulavim. (Pirush Kadmon (A) - it is permitted even before its Mitzvah is done. Tosfos - he holds that Mitzvos Lav Lehanos Nitnu. I.e. fulfillment of Mitzvos, e.g. taking the four species, is not considered benefit regarding Isurei Hana'ah.)

(f)

(Gemara - Reish Lakish): Me'ilah does not apply to all the water (in the jug), only to three Lugim (Pirush Kadmon (B). Most Mefarshim - Me'ilah applies only if there are exactly three Lugim.)

(g)

Question (Seifa): After it is put in a gold flask, Me'ilah applies to it.

1.

Inference: Beforehand, Me'ilah does not apply (even to three Lugim, the amount put in the flask)!

(h)

Answer: Reish Lakish discusses the Seifa, which says that Me'ilah applies (to water in the flask);

1.

He teaches that Me'ilah applies only if there are exactly three Lugim.

(i)

(R. Yochanan): Me'ilah applies regardless of the amount of water.

(j)

Inference: Reish Lakish holds that there is a Shi'ur (three Lugim) to the amount of water (for Nisuch ha'Mayim).

(k)

Question: Elsewhere, he said differently!

1.

(Mishnah - R. Elazar): Even one who pours the water for Nisuch ha'Mayim outside the Beis ha'Mikdash on Sukos is liable (for Avodah outside the Mikdash).

2.

(R. Yochanan citing R. Menachem Yudfa'ah): R. Elazar holds like his Rebbi, R. Akiva, who expounds "u'Nesacheha" (plural). The verse discusses two libations, of water and wine. (Since Nisuch ha'Mayim is mid'Oraisa on Sukos, one is liable for doing it outside.)

3.

Question (Reish Lakish): If so (both Nesachim should be the same), Nisuch of water should be three Lugim, just like Nisuch of wine!

i.

Inference: Reish Lakish holds that there is no Shi'ur for Nisuch ha'Mayim!

(l)

Answer: Reish Lakish asked according to R. Menachem (who said elsewhere that there is no Shi'ur). Reish Lakish himself holds that there is a Shi'ur.

3)

A NEST IN A FORBIDDEN TREE

(a)

Question (Reish Lakish - Mishnah): If a nest is in a Hekdesh tree, one may not benefit from it. Me'ilah does not apply to it;

(b)

If it is in an Asheirah (a tree planted for idolatry), one knocks it down with a stick (and the nest is permitted).

(c)

If one was Makdish a forest, Me'ilah applies to everything (trees, branches and leaves).

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