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)

(a)What does our Mishnah say about something that is fit either for the Mizbe'ach, or for Bedek ha'Bayis, or even for neither?

(b)What does the Tana rule in the case of someone who declares Hekdesh a pit that is full of water, a trash-heap that is full of dung, a dove-cot that is full of doves, a fruit-tree that is full of fruit or a field that is full of grass?

(c)And what does he rule in a case where they were filled only after they were declared Hekdesh?

(d)What sort of Kedushah is fit neither for the Mizbe'ach, nor for Bedek ha'Bayis?

1)

(a)Our Mishnah rules that something that is fit either for the Mizbe'ach, or for Bedek ha'Bayis, or even for neither - is subject to Me'ilah. Note, that the Mishnah in the Mishnayos concludes 'Divrei Rebbi Yehudah'.

(b)The Tana rules that if someone declares Hekdesh a pit that is full of water, a trash-heap that is full of dung, a dove-cot that is full of doves, a fruit-tree that is full of fruit or a field that is full of grass - both the original Hekdesh objects (the pit ...) and the contents are subject to Me'ilah.

(c)But if the pit, the trash-heap, the dove-cot, the fruit-tree or the field were filled only after they were declared Hekdesh - then the contents are not subject to Me'ilah.

(d)The Kedushah that is fit neither for the Mizbe'ach, nor for Bedek ha'Bayis is - Kedushas Damim (where it stands to be sold and the proceeds used for Hekdesh).

2)

(a)Why is a pit full of water ...

1. ... fit for Bedek ha'Bayis?

2. ... not fit for Kodshei Mizbe'ach (for Nisuch ha'Mayim)?

(b)To which of the three categories mentioned in our Mishnah does a trash-heap full of dung belong?

(c)The fruit of a grape-vine is fit for the Mizbe'ach in the form of wine for the Nesachim). Why can the Tana not be referring to any of the fruit-trees from which one brings Bikurim?

(d)Why is the vine itself not fit for Bedek ha'Bayis?

2)

(a)A pit full of water is ...

1. ... fit for Bedek ha'Bayis - to manufacture cement (see also Tosfos DH 'Aval').

2. ... not fit for Kodshei Mizbe'ach (for Nisuch ha'Mayim) - because they only use water from the spring of Shilo'ach.

(b)A trash-heap full of dung belongs to the category of - 'Lo le'Mizbe'ach ve'Lo le'Bedek ha'Bayis'.

(c)The fruit of a grape-vine is fit for the Mizbe'ach in the form of wine for the Nesachim). The Tana cannot be referring to any of the fruit-trees from which one brings Bikurim - because Bikurim do not go on the Mizbe'ach.

(d)The vine itself is not fit for Bedek ha'Bayis - because the branches are too thin to be made into beams of wood.

3)

(a)To which of the three categories does a field full of grass belong?

(b)What does Rebbi Yossi say about someone who declares Hekdesh a field or a tree?

(c)What is the basis of the Machlokes between the Tana Kama and Rebbi Yossi?

(d)Why does Rebbi Yossi argue in these two cases, but not in the other three (a pit full water, a trash-heap full of dung and a dove-cot full of doves)?

3)

(a)A field full of grass too, belongs to the category of - Lo le'Mizbe'ach ve'Lo le'Bedek ha'Bayis.

(b)Rebbi Yossi rules that - if someone declares Hekdesh a field or a tree - what subsequently grows from it is subject to Me'ilah, because he holds ...

(c)... Mo'alin bi'Shevach Hekdesh (What grows from Hekdesh is subject to Me'ilah), whereas the Tana Kama holds Ein Mo'alin bi'Shevach Hekdesh.

(d)Rebbi Yossi argues in these two cases, but not in the other three (a pit full water, a trash-heap full of dung and a dove-cot full of doves) - because the latter are brought to the Hekdesh object externally, as opposed to the former, which actually grow from it).

4)

(a)Why does the Tana forbid the baby of an animal that is Ma'aser Beheimah or Hekdesh, to feed from its mother?

(b)What does he mean when he says 'va'Acherim Misnadvin Kein'? What are the connotations of Acherim?

(c)On what basis is it nevertheless Halachically permitted?

(d)And what does the Tana finally say about a worker eating figs, or a cow, oats, from the Hekdesh field in which they are working?

4)

(a)The Tana forbids the baby of an animal that is Ma'aser Beheimah or Hekdesh to feed from its mother - because the milk is Hekdesh, whereas the V'lad is Chulin (see Tosfos DH V'lad Me'useres'), in which case, the owner is deriving benefit from Hekdesh.

(b)When he says 'va'Acherim Misnadvin Kein', he means that - some people send their female animals into the pen to be Ma'asered on condition that the milk remains Chulin (to enable the V'lad to feed be'Heter), and he refers to them as 'Acherim' (which is a derogatory title) because they should not be so lenient.

(c)Nevertheless it is Halachically permitted - since he could have delayed placing the mother in the pen until later (see also the commentaries on the Mishnah).

(d)The Tana finally - forbids a worker to eat figs, or a cow, oats, from the Hekdesh field where they are working.

5)

(a)What Gezeirah-Shavah does Rav Achdevoy bar Ami learn Ma'aser from B'chor ...

1. ... "Ha'avarah" "Ha'avarah" ("Veha'avarta Kol Peter Rechem" in Bo; "Kol asher Ya'avor Tachas ha'Sheivet" in Bechukosai?

2. ... "Imo" "Imo" ("Shiv'as "Shiv'as Yamim Yih'yeh im Imo" in Mishpatim; "Vehayah Shiv'as Yamim Tachas Imo" in Emor, in connection with Mukdashin])?

(b)Why is this Limud obvious by a B'chor?

(c)What do we learn from the word "Rei'echa" (in the Pasuk in Ki Seitzei [in connection with an employee] "Ki Savo be'Kerem Rei'echa, ve'Achalta" see also Tosfos DH 'Mai Ta'ama')?

(d)And what does Rav Achdevoy bar Ami learn from the Pasuk there "Lo Sachsom Shor be'Disho" (See Tosfos, Ibid.)?

5)

(a)Rav Achdevoy bar Ami learns via the Gezeirah-Shavah (Ma'aser from B'chor) ...

1. ... "Ha'avarah" ("Shiv'as Yamim Yih'yeh im Imo") "Ha'avarah" "Shiv'as Yamim Yih'yeh im Imo") that - just as one is Mo'el on every part of a B'chor, so too, is one Mo'el on every part of Ma'aser Beheimah.

2. ... "Imo" "Imo" ("Shiv'as "Shiv'as Yamim Yih'yeh im Imo" in Mishpatim; "Vehayah Shiv'as Yamim Tachas Imo" in Emor) that - one is Mo'el on every part of a Hekdesh animal.

(b)This Limud is obvious by a B'chor - since B'chor is a male, in which case every part of it is automatically included in the Isur Hana'ah (and we now learn from it that the same applies to a female Ma'aser or Mukdashin animal).

(c)We learn from the word "Rei'echa" (in the Pasuk in Ki Seitzei "Ki Savo be'Kerem Rei'echa, ve'Achalta") that - the Heter for an employee to eat from the fruit on which he is working does not extend to one who is working with fruit-trees belonging to Hekdesh (see also Tosfos DH 'Mai Ta'ama').

(d)And Rav Achdevui bar Ami learns from the Pasuk there "Lo Sachsom Shor be'Disho" that - neither does the Din permitting an animal to eat from the corn which it is threshing, extend to an animal that is threshing the corn of Hekdesh (see Tosfos, Ibid.).

6)

(a)What is the Din regarding someone who threshes Kal'ilin (a species of legumes) of Chulin in a field of Hekdesh?

(b)What problem do we have with this?

(c)How do we solve it?

(d)What does Ravina extrapolate from here?

6)

(a)Someone who threshes Kal'ilin (a species of legumes) of Chulin in a field of Hekdesh - is Mo'el.

(b)The problem with this is that - Me'ilah is confined to things that are detached from the ground (whereas the earth itself is considered attached).

(c)And we solve it by establishing the Me'ilah - with regard to the dust that gathers from the threshing ...

(d)... and Ravina extrapolates from here, that dust is good for the Ka'l'ilin.

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

7)

(a)What does our Mishnah say regarding the roots of a tree belonging to a Hedyot that grow into a field belonging to Hekdesh, or vice-versa?

(b)Why do we rule Lo Mo'alin in both cases?

(c)And what does the Tana rule in the case of a spring belonging to a Hedyot ...

1. ... whose water flows into a field belonging to Hekdesh?

2. ... once the water has flowed out of the Hekdesh field?

7)

(a)Our Mishnah rules that - the roots of a tree belonging to a Hedyot that grow into a field belonging to Hekdesh or vice-versa - 'Lo Nehenin ve'Lo Mo'alin' ...

(b)... 'Lo Mo'alin' - since it is only something that both grows from a tree of Hekdesh and is located in a field of Hekdesh that is subject to Me'ilah.

(c)And the Tana rules in the case of a spring belonging to a Hedyot ...

1. ... whose water flows into a field belonging to Hekdesh - 'Lo Nehenin ve'Lo Mo'alin'.

2. ... once the water has flowed out of the Hekdesh field - that is permitted Lechatchilah.

8)

(a)What is the Tana referring to when he rules Lo Nehenin ve'Lo Mo'alin with regard to ...

1. ... the water in the golden barrel?

2. ... the Aravah?

(b)When does the former become subject to Me'ilah?

(c)What does Rebbi Elazar b'Rebbi Tzadok say about the latter?

8)

(a)When the Tana rules 'Lo Nehenin ve'Lo Mo'alin' with regard to ...

1. ... the water in the golden barrel - he is referring to the barrel with which they drew the water for Nisuch ha'Mayim on Succos.

2. ... the Aravah - he is referring to the Aravah which the Kohanim used to take round the Mizbe'ach, and on whose Y'sod they ultimately placed it.

(b)The former become subject to Me'ilah - once they are transferred to the golden jar from which they will be poured on to the Mizbe'ach.

(c)Rebbi Elazar b'Rebbi Tzadok maintains that - the Kohanim used to benefit from them, by taking them together with their Lulav (because he holds that performing a Mitzvah is not classified as a Hana'ah [see Tosfos]).

9)

(a)Resh Lakish qualifies the ruling in our Mishnah which exempts the water in the golden barrel from Me'ilah. Under which circumstances does he hold that one is Chayav?

(b)How do we refute Resh Lakish's statement from the Seifa of our Mishnah 'Nasnu li'Tzeluchis, Mo'alin bah'?

(c)How do we therefore re-establish his statement, connecting it with the Seifa?

(d)What does Rebbi Yochanan say?

(e)What is the basis of their Machlokes?

9)

(a)Resh Lakish qualifies the ruling in our Mishnah which exempts the water in the golden barrel from Me'ilah. He holds that one is Chayav - provided it contains exactly three Lugin.

(b)We refute Resh Lakish's statement from the Seifa of our Mishnah however 'Nasnu li'Tzeluchis, Mo'alin bah' - which indicates that 'Ein Mo'alin bah' in the Reisha refers even to three Lugin (since that was the amount that the Kohen used).

(c)We therefore re-establish his statement, connecting it with the Seifa - on which he comments 'Ein Mo'alin Ela bi'Sheloshah Lugin'.

(d)Rebbi Yochanan rules - 'Mo'alin be'Chulan' ...

(e)... because he holds that the Nisuch ha'Mayim has no fixed Shi'ur, whereas according to Resh Lakish, the Shi'ur is three Lugin (no more, no less).

10)

(a)We query Resh Lakish however, from another statement of his. What does Rebbi Elazar in the Mishnah in Zevachim, rule in connection with someone who pours water of Nisuch ha'Mayim on Succos on a Mizbe'ach outside the Azarah?

(b)Why is that?

(c)Rebbi Yochanan, citing Menachem Yudfa'ah, explains that Rebbi Elazar follows the opinion of his Rebbe, Rebbi Akiva. What does Rebbi Akiva learn from "u'Minchasam" (in the Pasuk in Pinchas [in connection with the Musaf of Succos] "u'Minchasam ve'Niskeihem")? What is the significance of Menachem Yudfa'ah's statement?

10)

(a)We query Resh Lakish however, from another statement of his. Rebbi Elazar in the Mishnah in Zevachim, rules that if someone pours water of Nisuch ha'Mayim on Succos on a Mizbe'ach outside the Azarah - he is Chayav ...

(b)... because whatever is eligible to go on the Mizbe'ach bi'Fenim, one is Chayav for pouring ba'Chutz).

(c)Rebbi Yochanan, citing Menachem Yudfa'ah, explains that Rebbi Elazar follows the opinion of his Rebbe, Rebbi Akiva, who learns from "u'Minchasam" (in the Pasuk in Pinchas [in connection with the Musaf of Succos] "u'Minchasam ve'Niskeihem") that - there are two Nisuchim, Nisuch ha'Yayin and Nisuch ha'Mayim (a proof that Nisuch ha'Mayim is mi'd'Oraysa, which explains Rebbi Elazar in the Mishnah in Zevachim).

11)

(a)What do we now extrapolate from Resh Lakish, who comments 'I Mah Yayin Shalosh Lugin, Af Mayim Shalosh Lugin ... '?

(b)What is then the Kashya on Resh Lakish?

(c)How do we reconcile his two statements? According to whom did he issue the latter one?

11)

(a)We now extrapolate from Resh Lakish, who comments 'I Mah Yayin Shalosh Lugin, Af Mayim Shalosh Lugin ... ' that - in fact, Nisuch ha'Mayim has no Shi'ur ...

(b)... which seems to contradict his previous ruling).

(c)And we reconcile the two statements of Resh Lakish - by establishing the latter one like Menachem Yudfa'ah (in keeping with the opinion of Rebbi Yochanan, which Resh Lakish disputes).

12)

(a)What does our Mishnah say about a bird's nest that is located on top of ...

1. ... a tree of Avodah-Zarah?

2. ... an Asheirah tree?

(b)Why is that?

(c)And what does the Tana rule about someone who declares a forest Hekdesh?

12)

(a)Our Mishnah rules in connection with a bird's nest that is located on top of ...

1. ... a tree of Avodah-Zarah - 'Lo Nehenin, ve'Lo Mo'alin'.

2. ... an Asheirah tree - that one should tipple it off the tree with a cane ...

(b)... seeing as he is forbidden to climb the tree, which is Asur be'Hana'ah.

(c)And the Tana rules that if someone declares a forest Hekdesh - the tree the branches and the leaves are all subject to Me'ilah.

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