1)

(a)The Mishnah rules that - a V'lad Chatas, a Temuras Chatas and a Chatas whose owner died must die (See Tiferes Yisrael).

(b)The other two Chata'os that make up the five Chata'os that must die are - one that entered its second year (See Tiferes Yisrael) and one that got lost and was found.

(c)The Tana includes ...

1. ... a Chatas that entered its second year - on condition that it also got lost.

2. ... a Chatas that was lost and found - on condition that it was found after the owner already brought its replacement on the Mizbe'ach.

2)

(a)The Tana - precludes the above Chata'os from making a Temurah.

(b)And when he says 'Lo Nehenin ve'Lo Mo'alin', he means that - is not permitted to benefit from them (mi'de'Rabbanan), and are not subject to Me'ilah.

(c)If the Chatas is found before the owner has brought a replacement - the Din 'Ro'eh' applies (sending in the field to romp around until it obtains a blemish ...

(d)... and when it does, it is sold and the proceeds used to purchase a replacement.

(e)Meanwhile, until the animal obtains a Mum - it makes a Temurah and is subject to Me'ilah.

3)

(a)If someone designates money for his Nezirus, he must purchase with it - a Chatas, an Olah and a Shelamim.

(b)He is not Mo'el in the event that he benefits from the money - since each coin can potentially be used to purchase a Shelamim (See Tosfos Yom Tov DH 'Mipnei ... '), which is not subject to Me'ilah before the blood has been sprinkled (See Tosfos Yom Tov DH 'Lo Nehenin').

(c)Consequently, if he brings a Korban Me'ilah - he transgresses the Asei of 'Chulin ba'Azarah'.

4)

(a)In the event that the owner dies, assuming the money was not specified - it goes to Nedavah (See Tosfos Yom Tov).

(b)The money of the Chatas - goes to the Yam ha'Melach.

(c)Meanwhile - one may not benefit from it, but it is not subject to Me'ilah.

5)

(a)The money of ...

1. ... the Olah - is brought as an Olah (See Tosfos Yom Tov), and the money of ...

2. ... the Shelamim - as a Shelamim.

(b)The status of ...

1. ... the Olah is - that of a gift (like that of a woman who gave birth who designated an Olah and died).

2. ... the Shelamim is - that of a Shalmei Nazir ...

(c)... which may therefore be eaten - for one day.

(d)From the Pasuk in Naso (in connection with the loaves that accompanies the Shalmei Nazir) "ve'Nasan al Kapei ha'Nazir" we learn that (since the owner is not there to fulfill the Pasuk) - the heirs do not bring it.

6)

(a)From the Pasuk in Acharei-Mos "va'Ani Nasati lachem al ha'Mizbe'ach Lechaper", we learn that - the blood of Korbanos comes to atone and is not therefore subject to Me'ilah.

(b)The wine of Nesachim leaves the realm of Me'ilah - when after having been poured on to the bowl on the Mizbe'ach it begins making its way down to the Shitin ...

(c)... the foundation of the Mizbe'ach, which is hollow and very deep.

(d)The reason for this ruling is - because once it has been poured into the bowl, its Mitzvah has been completed.

7)

(a)The Valley of Kidron - is the location to which the blood of Kodshim (as well as the wine of the Nesachim) flows ...

(b)... via the stream that flows through the Azarah.

(c)Despite the fact that the Mitzvah connected with the blood has been completed, it is still subject to Me'ilah - mi'de'Rabbanan.

(d)Anybody who uses it to fertilize his garden is not Mo'el - provided he pays for it.

8)

(a)Rebbi Yishmael points out that - whereas the blood of Kodshim is lenient to begin with (in that it is not subject to Me'ilah), it is strict at a later stage (mi'de'Rabbanan), the wine of Nesachim is strict to begin with (inasmuch as it is subject to Me'ilah), but lenient later (as we just explained).

9)

(a)The burnt-out ashes of the Mizbe'ach ha'Penimi and the wicks of the Menorah - are placed besides the ramp of the Mizbe'ach ha'Chitzon on the spot where the T'rumas ha'Deshen is placed.

(b)One is not allowed to benefit from them (See Tiferes Yisrael).

(c)From the fact that the Torah does not write in connection with them "ve'Samo Eitzel ha'Mizbe'ach" (as it does with regard to the ashes of the Korban Tamid), we learn that - they are nevertheless not subject to Me'ilah.

10)

(a)The Mishnah now discusses a case where someone is 'Makdish Dishun ba'Techilah' - where he declares 'D'mei Dishun alai' before the ashes are taken down (See Tiferes Yisrael) to the Azarah (Tosfos Yom Tov), and after they have been taken down, somebody takes some of them and benefiyts from them.

(b)The Tana rules that - they he is Mo'el ...

(c)... since it is now impossible to assess their initial value, causing a loss to Hekdesh.

11)

(a)The Tana Kama rules that - one may not have Hana'ah from young pigeons that the owner declared Hekdesh before they become eligible to be brought as a Korban or from doves after they have passed the stage of eligibility but that they are not subject to Me'ilah ...

(b)... unlike Kodshim animals that are not yet eligible to be brought on the Mizbe'ach - which are subject to Me'ilah as well ...

(c)... because a blemished animal has Kedushah in that it must be redeemed (and the money used for a Korban), which a blemished bird may not ...

(d)... because a blemish does not render it Pasul, and it cannot therefore be redeemed (See Tosfos Yom Tov & Tiferes Yisrael).

12)

(a)Rebbi Shimon - agrees with the Tana Kama regarding doves after they have passed the stage of eligibility, but not regarding young pigeons before they become eligible to be brought as a Korban, which he maintains, are subject to Me'ilah too ...

(b)... since they are eligible to become Hekdesh at a later stage.

(c)The Halachah is - like the Tana Kama.

13)

(a)The Mishnah forbids having Hana'ah from the milk of ...

1. ... a female Korban or the eggs of a Kodshim bird (See Tiferes Yisrael), but exempts them from Me'ilah.

2. ... an ass or the eggs of a hen of Kodshei Bedek ha'Bayis - and renders them subject to Me'ilah as well.

(b)The former is not subject to Me'ilah - because they are (Kodshei Mizbe'ach that are) not fit to go on the Mizbe'ach.

(c)The Gemara adds to the text of the Mishnah a case where one declares an animal or a bird Kedushas Damim for the Mizbe'ach - where he declares 'D'mei Of Zeh' or 'D'mei Beheimah Zu - Hekdesh Lehavi Olah'.

(d)The Din in that case is that - it is as if he was Makdish them to Bedek ha'Bayis and the eggs and the milk is therefore subject to Me'ilah.

14)

(a)The Mishnah rules that anything that is fit to go on the Mizbe'ach, anything that is fit for Bedek ha'Bayis and anything that is fit for neither - is subject to Me'ilah if one declares it Hekdesh.

(b)When the Tana says 'fit to go on the Mizbe'ach' or 'fit for Bedek ha'Bayis' - he is referring to the actual animal/article, since the proceeds of its sale are always fit.

15)

(a)In presenting examples of the three above-mentioned categories ...

1. ... a pit full of water is fit for Bedek ha'Bayis.

2. ... a trash-heap full of trash - neither for Bedek ha'Bayis nor for the Mizbe'ach; only for Damim (its value).

3. ... a dove-cot full of pigeons - for the Mizbe'ach (See Tosfos Yom Tov.

(b)The water in the first case is not fit for Nisuch ha'Mayim on Succos - because it requires Mayim Chayim (spring water).

(c)They actually took the water for Nisuch ha'Mayim - from the Shilo'ach Spring.

16)

(a)The current list ends with ...

1. ... a tree full of fruit that belongs to the category of - something that is fit to go to the Mizbe'ach (assuming it is one of the five fruits that are subject to Bikurim [See Tosfos Yom Tov]).

2. ... a field covered with grass - something that is fit to go neither on the Mizbe'ach nor to Bedek ha'Bayis.

(b)Rebbi Yehudah then says that, in a case where the owner declares Hekdesh a pit, a trash-heap, a dove-cot, a tree or a field, into which their respective contents are subsequently placed - the pit, the trash-heap, the cove-cot, the tree and the field are subject to Me'ilah (as the Tosfos Yom Tov explained earlier), but not their contents.

(c)This ruling is based on the principle - that 'One is not Mo'el on any embellishment of Hekdesh' (See Tosfos Yom Tov).

(d)According to Rebbi Shimon (or Rebbi Yossi [See Tosfos Yom Tov) - the embellishments of Hekdesh are subject to Me'ilah, too.

17)

(a)The Mishnah forbids the baby of a Ma'aser Beheimah animal to feed from its mother - if it was born before the mother became Ma'aser Beheimah.

(b)The Tana forbids it - because since the baby is Chulin, the owner will benefit from the milk of Hekdesh when it feeds from its mother.

(c)The source of this Isur - is the Torah prohibition against benefiting from the shearing and the work of Kodshim, to which the Chachamim compare it (See Tosfos Yom Tov [DH 'V'lad Me'useres').

18)

(a)In order to get round the current Isur, some people used to stipulate when declaring the Ma'aser Beheimah that - the Chalav should remain Chulin.

(b)This explanation of 'va'Acherim Misnadvim Kein' however, is warbled. The Rambam therefore explains it to mean that - people therefore used to donate milk to feed the babies that were unable to drink their mothers' milk.

(c)The Mishnah says - exactly the same in connection with the babies of other Hekdesh animals feeding from their mothers, and the way to avoid the problem.

19)

(a)Seeing as the Mishnah forbids the workers of Hekdesh to partake of the food (such as dried figs) with which they are working (See Tosfos Yom Tov), to ensure that they do not go hungry - the Gizbar gives them money with which to buy themselves food.

(b)The prohibition remains - even if the workers stipulated that they only agree to work for Hekdesh provided they are permitted to partake of the figs.

(c)Seeing as the same prohibition applies to animals that are working with oats of Hekdesh, to prevent the animal from helping itself - they must muzzle them.

(d)We learn this from the Pasuk in Ki Seitzei "Lo Sachsom Shor be'Di*sho*" - implying that the prohibition is confined to threshing corn that is fit for him to eat, but does not extend to corn that belongs to Hekdesh.

20)

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

(b)The roots of ...

1. ... the former are subject to Me'ilah - if the Hekdesh field is situated more than sixteen Amos away from the tree.

2. ... the latter are subject to Me'ilah as well - if the field belonging to the Hedyot is situated sixteen Amos or less from the Hekdesh tree.

(c)The significance of sixteen Amos is - that beyond that, the roots no longer nurture from the tree.

21)

(a)The Tana issues the same initial ruling as the previous one regarding a fountain whose water emerges into a field of Hekdesh - provided its source lies in a field belonging to a Hedyot.

(b)Otherwise - it is subject to Me'ilah as well.

(c)If, in the case of the Mishnah, the water then flows into the field of a Hedyot - it is permitted Lechatchilah.

22)

(a)The Tana now discusses water that is in a golden barrel/jug and that one transfers into a jar of Hekdesh - with reference to the water for Nisuch ha'Mayim on Succos ...

(b)... which, on Shabbos Succos, is drawn from the Shilo'ach on Erev Shabbos and placed in a golden barrel that has not been sanctified, and transferred to a K'li Shareis on Shabbos morning.

(c)The Mishnah rules - regarding the water when it is in the barrel - 'Lo Nehenin ve'Lo Mo'alin', and once it is in the jar - Mo'alin bahem'.

23)

(a)The Mishnah includes the Aravah - which they picked to place on the Mizbe'ach on Succos in the list of 'Lo Nehenim ve'Lo Mo'alin'.

(b)Rebbi Eliezer b'Rebbi Tzadok claimed - that the elders of the Kohanim used to use some of the Aravos for their Lulavim (See Tosfos Yom Tov).

24)

(a)The Din regarding a nest that birds build atop a tree belonging to Hekdesh - 'Lo Nehenin ve'Lo Mo'alin'.

(b)It will however, be subject to Me'ilah as well - if they build the nest using wood from the tree itself.

(c)In the equivalent case but where the nest is atop an Asheirah tree, the Tana rules that (if one wishes to benefit from the contents of the nest) - one must tip it off the tree with a stick (See Tosfos Yom Tov).

(d)One is not permitted to climb the tree in order to fetch the eggs or the fledglings - because in doing so one benefits from the tree.

(e)Nor may one benefit from the eggs and the fledglings as long as they are still on top of the tree (in both of the above cases) - as long as they still need their mother and cannot fend for themselves (See Tiferes Yisrael).

25)

(a)The Mishnah now discusses someone who declares Hekdesh a 'Choresh' - a forest.

(b)The Tana adds that the wood that the Gizbarin of Hekdesh purchase from a Chulin forest to manufacture beams is subject to Me'ilah. The Rambam explains the Chidush as being that - even the chips of wood that one sawn off when shaping the beam are forbidden,

(c)The Tana finally rules that ...

1. ... the sawdust that is created when sawing the branches and ...

2. ... the leaves that the Gizbar removes from them - are not subject to Me'ilah.