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Today's Daf Yomi

September 30, 2019 | ืืณ ื‘ืชืฉืจื™ ืชืฉืดืค

  • This month's learning is sponsored by Ron and Shira Krebs to commemorate the 73rd yahrzeit of Shira's grandfather (Yitzchak Leib Ben David Ber HaCohen v'Malka), the 1st yahrzeit of Shira's father (Gershon Pinya Ben Yitzchak Leib HaCohen v'Menucha Sara), and the bar mitzvah of their son Eytan who will be making a siyum on Mishna Shas this month.

  • This month's learning is sponsored for the refuah shleima of Naama bat Yael Esther.

Meilah 13

How are laws of ownership of the treasury different from ownership of an individual? If one desiginated a pit full of water to the temple, how is that different from one who desingated a pit and after it filled up with rainwater? If one works in a field, one is allowed to eat on the job, likewise for an ox, but if the field is sanctified, one cannot. What are laws of meila if one’s roots went into a field owned byย the temple or the reverse? Is there meila in the water that will be used for libations on Sukkot or the aravot? Is there a set amount for the water libations – how does the debate regarding that issue effect the law in our mishna?


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ื•ืœื ืœื‘ื“ืง ื”ื‘ื™ืช ืœื‘ื“ืง ื”ื‘ื™ืช ื•ืœื ืœืžื–ื‘ื— ืœื ืœืžื–ื‘ื— ื•ืœื ืœื‘ื“ืง ื”ื‘ื™ืช ืžื•ืขืœื™ืŸ ื‘ื” ื›ื™ืฆื“

but is not fit for Temple maintenance, or if it is fit for Temple maintenance but not for sacrifice on the altar, or fit neither for the altar nor for Temple maintenance, nevertheless one is liable for misusing it. The mishna clarifies each of these categories: Fit for Temple maintenance but not for sacrifice on the altar, how so?

ื”ืงื“ื™ืฉ ื‘ื•ืจ ืžืœื ืžื™ื ืืฉืคื•ืช ืžืœืื•ืช ื–ื‘ืœ ืฉื•ื‘ืš ืžืœื ื™ื•ื ื™ื

In a case where one consecrated a cistern full of water, the water is not fit for sacrifice on the altar, as only water from the Siloam pool is used for the altar. Nevertheless, it is fit for Temple maintenance, e.g., to knead clay with it for use in reinforcing the walls of the Temple. What is the case of an item fit neither for the altar nor for Temple maintenance? If one consecrated garbage dumps full of manure, the place and its contents are fit neither for the altar nor for Temple maintenance. Rather, they are sold and the money received from the sale is donated to the Temple. What is the case of an item fit for sacrifice on the altar but not fit for Temple maintenance? If one consecrated a dovecote full of pigeons, the pigeons are fit for the altar while the dovecote is not fit even for Temple maintenance.

ืื™ืœืŸ ืžืœื ืคื™ืจื•ืช ืฉื“ื” ืžืœืื” ืขืฉื‘ื™ื

Or if one consecrated a tree full of fruit, as the fruit is fit for the altar whereas the tree is not fit even for Temple maintenance. For example, grapes are fit for the altar as wine, but the vines are not fit for Temple maintenance, as they are too flimsy for construction. Another case where the consecrated item is fit for neither the altar nor Temple maintenance is a field full of grass.

ืžื•ืขืœื™ืŸ ื‘ื”ื ื•ื‘ืžื” ืฉื‘ืชื•ื›ื”

In all those cases, one is liable for misusing both them and that which is within them, as those that are unfit for use in the Temple will be sold and their money will be used for the altar or for Temple maintenance.

ืื‘ืœ ืื ื”ืงื“ื™ืฉ ื‘ื•ืจ ื•ืื—ืจ ื›ืš ื ืชืžืœื ืžื™ื ืืฉืคื” ื•ืื—ืจ ื›ืš ื ืชืžืœื ื–ื‘ืœ ืฉื•ื‘ืš ื•ืื—ืจ ื›ืš ื ืชืžืœื ื™ื•ื ื™ื ืื™ืœืŸ ื•ืื—ืจ ื›ืš ื ืชืžืœื ืคื™ืจื•ืช ืฉื“ื” ื•ืื—ืจ ื›ืš ื ืชืžืœืื” ืขืฉื‘ื™ื ืžื•ืขืœื™ืŸ ื‘ื”ื ื•ืื™ืŸ ืžื•ืขืœื™ืŸ ื‘ืžื” ืฉื‘ืชื•ื›ื”

But if one consecrated an empty cistern and it was subsequently filled with water, or if one consecrated an empty garbage dump and it was subsequently filled with manure, or an empty dovecote and it was subsequently filled with pigeons, or a tree without fruit and it was subsequently filled with fruit, or an empty field and it was subsequently filled with grass; in all these cases one is liable for misusing them but one is not liable for misusing that which is within them. There is no misuse with regard to enhancements that developed in consecrated property.

ืจื‘ื™ ื™ื•ืกื™ ืื•ืžืจ ื”ืžืงื“ื™ืฉ ืืช ื”ืฉื“ื” ื•ื”ืื™ืœืŸ ืžื•ืขืœื™ืŸ ื‘ื”ืŸ ื•ื‘ื’ื™ื“ื•ืœื” ืžืคื ื™ ืฉื”ืŸ ื’ื™ื“ื•ืœื™ ื”ืงื“ืฉ

Rabbi Yosei disagrees in two of the above cases and says: In the case of one who consecrates the empty field in which grass grew or the empty tree on which fruit grew, he is liable for misusing both them and their growth, because these are growths of consecrated property, despite the fact that they grew there only after the property was consecrated.

ื•ืœื“ ื”ืžืขื•ืฉืจืช ืœื ื™ื ื•ืง ืžืŸ ื”ืžืขื•ืฉืจืช ื•ืื—ืจื™ื ืžืชื ื“ื‘ื™ื ื›ืŸ ื•ืœื“ ื”ืžื•ืงื“ืฉื™ืŸ ืœื ื™ื ื•ืง ืžืŸ ื”ืžื•ืงื“ืฉื™ืŸ ื•ืื—ืจื™ื ืžืชื ื“ื‘ื™ื ื›ืŸ

Apropos the growths of consecrated property, the mishna states that an offspring born to a tithed animal before it was tithed may not be given to suckle from the tithed mother, as it is a non-sacred animal that may not be allowed to derive benefit from consecrated property. And there are others who stipulate in this manner, i.e., that the consecration does not apply to the milk. The same is true of the offspring of sacrificial animals born to them before their consecration; they may not suckle from the sacrificial animal. And in this case as well, there are others who stipulate in this manner, i.e., to enable the offspring to suckle.

ื”ืคื•ืขืœื™ื ืœื ื™ืื›ืœื• ืžืŸ ื’ืจื•ื’ืจื•ืช ื”ืงื“ืฉ ื•ื›ืŸ ืคืจื” ืžื›ืจืฉื™ื ื™ ื”ืงื“ืฉ

The laborers, who are generally permitted to eat the food of their employer, may not eat from consecrated dried figs, if they work with Temple produce. Rather, they can buy food with the money they are paid. And likewise, a cow working with consecrated property, e.g., threshing Temple produce, may not eat from consecrated vetch [mikarshinei].

ื’ืžืณ ืงืชื ื™ ื•ืœื“ ื”ืžืขื•ืฉืจืช ืœื ื™ื ืง ืžืŸ ื”ืžืขื•ืฉืจืช ืžื ื”ื ื™ ืžื™ืœื™

GEMARA: The mishna teaches that an offspring born to a tithed animal before it was tithed may not suckle from the tithed mother, and the same applies to the offspring of a sacrificial animal. The Gemara asks: From where are these matters derived?

ืืžืจ ืจื‘ ืื—ื“ื‘ื•ื™ ื‘ืจ ืืžื™ ืืชื™ื ื”ืขื‘ืจื” ื”ืขื‘ืจื” ืžื‘ื›ื•ืจ ืžื” ื‘ื›ื•ืจ ืžื•ืขืœื™ืŸ ื‘ื• ืืฃ ื—ืœื‘ ื”ืžืขื•ืฉืจืช ืžื•ืขืœื™ืŸ ื‘ื•

Rav Aแธฅadvoi bar Ami said: It is derived through a verbal analogy of the expressions โ€œpassingโ€ and โ€œpassing,โ€ from the case of a firstborn offering. With regard to animal tithe the verse states: โ€œWhatsoever passes under the rodโ€ (Leviticus 27:32), and with regard to the firstborn offering it is stated: โ€œAnd you shall cause to pass all that opens the womb, to the Lordโ€ (Exodus 13:12). Just as in the case of the firstborn offering one is liable for misusing all of it, as it is a male and does not have milk, so too, with regard to the milk of a tithed animal one is liable for misusing all of it, i.e., all of it is forbidden, including its milk, as it is part of the tithed animal. Therefore, the offspring may not suckle from the mother.

ื—ืœื‘ ื”ืžื•ืงื“ืฉ ื ืžื™ ืืชื™ื ืืžื• ืืžื• ืžื‘ื›ื•ืจ

The other halakha, that the milk of a sacrificial animal is prohibited, is also derived through a verbal analogy, specifically the terms โ€œits motherโ€ and โ€œits mother,โ€ from the case of a firstborn offering. With regard to sacrificial animals the verse states: โ€œWhen a bullock, or a sheep, or a goat, is born, it shall be seven days under its motherโ€ (Leviticus 22:27), and in the case of the firstborn offering it is stated: โ€œSeven days it shall be with its motherโ€ (Exodus 22:29). Just as one is liable for misusing all of a firstborn offering, so too, one is liable for misusing the milk of a sacrificial animal, i.e., the milk is forbidden, as it is part of the sacrificial animal. Consequently, its offspring may not suckle from the mother.

ื”ืคื•ืขืœื™ืŸ ืœื ื™ืื›ืœื• ื›ื•ืณ ืžืื™ ื˜ืขืžื ืืžืจ ืจื‘ ืื—ื“ื‘ื•ื™ ื‘ืจ ืืžื™ ื“ืืžืจ ืงืจื ืœื ืชื—ืกื ืฉื•ืจ ื‘ื“ื™ืฉื• ื“ื™ืฉื• ืฉืœืš ื•ืœื ื“ื™ืฉื• ืฉืœ ื”ืงื“ืฉ

ยง The mishna teaches that the laborers of Temple produce may not eat from consecrated dried figs, and likewise a cow may not eat from consecrated vetch. The Gemara does not ask about the source of the halakha of a laborer, as the verse clearly states in this regard: โ€œWhen you come into your neighborโ€™s vineyardโ€ (Deuteronomy 23:25), which does not include a vineyard belonging to the Temple; but the Gemara does ask about the case of the cow: What is the reason for the ruling with regard to a cow? Rav Aแธฅadvoi bar Ami said: As the verse states: โ€œDo not muzzle the ox during its treadingโ€ (Deuteronomy 25:4). The term โ€œits treadingโ€ teaches that this prohibition applies to muzzling an ox when it is treading your non-sacred field, and not when it is treading a consecrated field. Since the consecrated produce is prohibited, one must muzzle the ox.

ื”ื“ืฉ ืงืœืขื™ืœื™ืŸ ื‘ืฉื“ื” ื”ืงื“ืฉ ืžืขืœ ื•ื”ื ื‘ืชืœื•ืฉ ื‘ืขื™ื ืŸ ืืžืจ ืจื‘ื™ื ื ืฉืžืข ืžื™ื ื” ืื‘ืงื” ืžืขืœื™ ืœื”

The Gemara discusses a similar case: One who threshes his non-sacred kalilin, a type of legume, in a consecrated field is liable for misuse of consecrated items. The Gemara raises a difficulty: But in order for one to be liable for misuse, we require the consecrated item from which one derives benefit to be detached from the ground, whereas the field is the ground itself. Ravina said: Conclude from it that the fieldโ€™s dust is beneficial for kalilin, and therefore he misuses the detached dust of the consecrated field when he threshes it.

ืžืชื ื™ืณ ืฉืจืฉื™ ืื™ืœืŸ ืฉืœ ื”ื“ื™ื•ื˜ ื”ื‘ืื™ืŸ ื‘ืฉืœ ื”ืงื“ืฉ ื•ืฉืœ ื”ืงื“ืฉ ืฉื‘ืื™ืŸ ื‘ืฉืœ ื”ื“ื™ื•ื˜ ืœื ื ื”ื ื™ืŸ ื•ืœื ืžื•ืขืœื™ืŸ ืžืขื™ืŸ ืฉื”ื•ื ื™ื•ืฆื ืžืชื•ืš ื”ืฉื“ื” ืฉืœ ื”ืงื“ืฉ ืœื ื ื”ื ื™ืŸ ื•ืœื ืžื•ืขืœื™ืŸ ื™ืฆื ื—ื•ืฅ ืœืฉื“ื” ื ื”ื ื™ืŸ ืžืžื ื•

MISHNA: With regard to the roots of the non-sacred tree of an ordinary person that enter into consecrated land, and the roots of a consecrated tree that enter into the non-sacred land of an ordinary person, one may not derive benefit from them ab initio, but if he derived benefit from them he is not liable for their misuse. With regard to water of a spring that flows in a non-sacred field but which emerges from that field and flows into a consecrated field, when it is in the consecrated field one may not derive benefit from it ab initio, but if one derived benefit from it he is not liable for its misuse. Once the spring emerges outside the consecrated field one may derive benefit from the water.

ื”ืžื™ื ืฉื‘ื›ื“ ืฉืœ ื–ื”ื‘ ืœื ื ื”ื ื™ืŸ ื•ืœื ืžื•ืขืœื™ืŸ ื ืชื ืŸ ื‘ืฆืœื•ื—ื™ืช ืžื•ืขืœื™ืŸ ื‘ื”ืŸ

With regard to the water that was drawn from the Siloam pool into the golden jug, which was not consecrated as a service vessel, to bring it to the altar for libation on the festival of Sukkot, one may not derive benefit from the water ab initio, as it was drawn for use in the Temple service. But if one derived benefit from it he is not liable for its misuse, since it was not consecrated in a service vessel. Once one places the water from the jug for libation into the flask, which is a service vessel, the water is consecrated and he is liable for misusing the water.

ืขืจื‘ื” ืœื ื ื”ื ื™ืŸ ื•ืœื ืžื•ืขืœื™ืŸ ืจื‘ื™ ืืœืขื–ืจ ื‘ืจื‘ื™ ืฆื“ื•ืง ืื•ืžืจ ื ื•ื”ื’ื™ืŸ ื”ื™ื• ื”ื–ืงื ื™ื ืฉื ื”ื ื™ื ืžืžื ื• ื‘ืœื•ืœื‘ื™ื”ืŸ

With regard to the willow branches that are placed on the sides of the altar on the festival of Sukkot, before their placement one may not derive benefit from them ab initio, but if he derived benefit from them he is not liable for their misuse. After their placement their mitzva has been fulfilled, and therefore at that time one may derive benefit from the willow branches ab initio. Rabbi Elazar, son of Rabbi Tzadok, says: The elders were accustomed to derive benefit from the willow branches even before their placement on the sides of the altar, by cutting small branches for use in their lulav, in fulfillment of the mitzva of the four species.

ื’ืžืณ ืืžืจ ืจื™ืฉ ืœืงื™ืฉ ืื™ืŸ ืžื•ืขืœื™ืŸ ื‘ื›ื•ืœืŸ ืื‘ืœ ืžื•ืขืœื™ืŸ ื‘ืฉืœืฉ ืœื•ื’ื™ืŸ

GEMARA: Reish Lakish says: When the mishna teaches that one is not liable for misusing the water in the golden jug awaiting use as a libation, it means that one is not liable for misuse of all of the water in the jug, if it contained more than three log. But one is liable for misusing the three log required for the libation.

ื•ื”ืงืชื ื™ ืกื™ืคื ื ืชื ื• ืœืฆืœื•ื—ื™ืช ืžื•ืขืœื™ืŸ ื‘ื”ืŸ ืžื›ืœืœ ื“ืจื™ืฉื ืืคื™ืœื• ื‘ืฉืœืฉืช ืœื•ื’ื™ืŸ ื ืžื™ ืœื

The Gemara raises a difficulty: But the latter clause of the mishna teaches that once one placed the water from the jug into the flask he is liable for misusing the water. One can conclude by inference that in the case addressed in the first clause of the mishna, where the water is still in the jug, one is not liable for misuse in all circumstances, even if the jug contains only the requisite three log. This apparently contradicts the statement of Reish Lakish.

ืืœื ืื™ ืื™ืชืžืจ ืืกื™ืคื ืื™ืชืžืจ ืžื•ืขืœื™ืŸ ื‘ื”ืŸ ืืžืจ ืจื™ืฉ ืœืงื™ืฉ ืื™ืŸ ืžื•ืขืœื™ืŸ ืืœื ื‘ืฉืœืฉื” ืœื•ื’ื™ืŸ

The Gemara answers: Rather, if a qualification was stated in this matter it was stated with regard to the latter clause of the mishna, which teaches that once the water is placed in the flask one is liable for misusing the water. The qualification is as follows: Reish Lakish says one is liable for its misuse only if the flask contains exactly three log of water, which is the requisite amount for the mitzva. But if there is more than three log one is not liable for misusing any of the water, as it is not consecrated at all.

ื•ืจื‘ื™ ื™ื•ื—ื ืŸ ืืžืจ ืžื•ืขืœื™ืŸ ื‘ื›ื•ืœืŸ ืœืžื™ืžืจื ื“ืงืกื‘ืจ ืจื™ืฉ ืœืงื™ืฉ ื™ืฉ ืฉื™ืขื•ืจ ืœืžื™ื ื•ื”ืชื ืŸ ืืžืจ ืจื‘ื™ ืืœื™ืขื–ืจ ื”ืžื ืกืš ืžื™ ื—ื’ ื‘ื—ื’ ื‘ื—ื•ืฅ ื—ื™ื™ื‘

And Rabbi Yoแธฅanan disagrees and says: Even if the flask contained more than three log of water, one is liable for misusing any of the water. He maintains there is no fixed measure for water used in the libation, and therefore all the water is consecrated for the mitzva. The Gemara asks: Is this to say that Reish Lakish holds there is a maximum measure for the water used in the libation? But didnโ€™t we learn in a mishna (Zevaแธฅim 110b) that deals with liability for sacrificing outside the Temple that Rabbi Eliezer, or Rabbi Elazar, says: One who pours, as a libation, water consecrated for the libation of the festival of Sukkot, during the Festival, outside the courtyard, is liable to receive karet just as though he sacrificed outside the Temple.

ื•ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ืžืฉื•ื ืžื ื—ื ื™ื•ื“ืืคื” ืจื‘ื™ ืืœืขื–ืจ ื‘ืฉื™ื˜ืช ืจื‘ื™ ืขืงื™ื‘ื ืืžืจ ื“ื“ืจื™ืฉ ื ืกื›ื™ื”ื ืื—ื“ ื ื™ืกื•ืš ื”ืžื™ื ื•ืื—ื“ ื ื™ืกื•ืš ื”ื™ื™ืŸ

The Gemara continues: And Rabbi Yoแธฅanan says in the name of Rabbi Menaแธฅem Yodafa: Rabbi Elazar says that halakha in accordance with the opinion of Rabbi Akiva, his teacher, who interprets a verse dealing with the offerings of the festival of Sukkot: โ€œBeside the daily burnt offering, its meal offering, and its libationsโ€ (Numbers 29:31), as follows: The plural form indicates that the verse is speaking of two types of libations: One is the water libation, unique to the festival of Sukkot, and the other one is the wine libation, which always accompanies the daily offering.

ื•ืืžืจ ืจื™ืฉ ืœืงื™ืฉ ืื™ ืžื” ื™ื™ืŸ ืฉืœืฉ ืœื•ื’ื™ืŸ ืืฃ ืžื™ื ืฉืœืฉ ืœื•ื’ื™ืŸ ืžื›ืœืœ ื“ืกื‘ืจ ืจื™ืฉ ืœืงื™ืฉ ืื™ืŸ ืฉื™ืขื•ืจ ืœืžื™ื ืœื˜ืขืžื ื“ืžื ื—ื ื™ื•ื“ืืคื” ืงืืžืจ

And Reish Lakish said to Rabbi Yoแธฅanan: If Rabbi Elazar derives the obligation for the water libation through the derivation taught by Rabbi Akiva, and that is why he rules that one who pours it as a libation outside the courtyard is liable, then he should equate the libations of wine and water, as follows: Just as with regard to wine the measure for the mitzva is three log, so too here, in the case of water, the measure for the mitzva should be three log. One may conclude by inference from this statement that Reish Lakish himself holds there is no measure for the water used in the libation. The Gemara answers: Actually, Reish Lakish maintains that there is a measure for the water, but he stated his question according to the explanation of Rabbi Menaแธฅem Yodafa, cited by Rabbi Yoแธฅanan.

ืžืชื ื™ืณ ื”ืงืŸ ืฉื‘ืจืืฉ ื”ืื™ืœืŸ ืฉืœ ื”ืงื“ืฉ ืœื ื ื”ื ื™ืŸ ื•ืœื ืžื•ืขืœื™ืŸ ืฉื‘ืืฉื™ืจื” ื™ืชื™ื– ื‘ืงื ื” ื”ืžืงื“ื™ืฉ ืืช ื”ื—ื•ืจืฉ ืžื•ืขืœื™ืŸ ื‘ื›ื•ืœื•

MISHNA: With regard to a birdโ€™s nest that is atop the consecrated tree, one may not derive benefit from it ab initio, but if one derived benefit from it he is not liable for its misuse. In order to acquire a birdโ€™s nest that is atop a tree worshipped as idolatry, from which one may not derive benefit even by climbing it, one should dislodge the nest from its place by striking it with a pole. In the case of one who consecrates his forest, one is liable for misusing everything in the entire forest.

  • This month's learning is sponsored by Ron and Shira Krebs to commemorate the 73rd yahrzeit of Shira's grandfather (Yitzchak Leib Ben David Ber HaCohen v'Malka), the 1st yahrzeit of Shira's father (Gershon Pinya Ben Yitzchak Leib HaCohen v'Menucha Sara), and the bar mitzvah of their son Eytan who will be making a siyum on Mishna Shas this month.

  • This month's learning is sponsored for the refuah shleima of Naama bat Yael Esther.

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Meilah 13

The William Davidson Talmud | Powered by Sefaria

Meilah 13

ื•ืœื ืœื‘ื“ืง ื”ื‘ื™ืช ืœื‘ื“ืง ื”ื‘ื™ืช ื•ืœื ืœืžื–ื‘ื— ืœื ืœืžื–ื‘ื— ื•ืœื ืœื‘ื“ืง ื”ื‘ื™ืช ืžื•ืขืœื™ืŸ ื‘ื” ื›ื™ืฆื“

but is not fit for Temple maintenance, or if it is fit for Temple maintenance but not for sacrifice on the altar, or fit neither for the altar nor for Temple maintenance, nevertheless one is liable for misusing it. The mishna clarifies each of these categories: Fit for Temple maintenance but not for sacrifice on the altar, how so?

ื”ืงื“ื™ืฉ ื‘ื•ืจ ืžืœื ืžื™ื ืืฉืคื•ืช ืžืœืื•ืช ื–ื‘ืœ ืฉื•ื‘ืš ืžืœื ื™ื•ื ื™ื

In a case where one consecrated a cistern full of water, the water is not fit for sacrifice on the altar, as only water from the Siloam pool is used for the altar. Nevertheless, it is fit for Temple maintenance, e.g., to knead clay with it for use in reinforcing the walls of the Temple. What is the case of an item fit neither for the altar nor for Temple maintenance? If one consecrated garbage dumps full of manure, the place and its contents are fit neither for the altar nor for Temple maintenance. Rather, they are sold and the money received from the sale is donated to the Temple. What is the case of an item fit for sacrifice on the altar but not fit for Temple maintenance? If one consecrated a dovecote full of pigeons, the pigeons are fit for the altar while the dovecote is not fit even for Temple maintenance.

ืื™ืœืŸ ืžืœื ืคื™ืจื•ืช ืฉื“ื” ืžืœืื” ืขืฉื‘ื™ื

Or if one consecrated a tree full of fruit, as the fruit is fit for the altar whereas the tree is not fit even for Temple maintenance. For example, grapes are fit for the altar as wine, but the vines are not fit for Temple maintenance, as they are too flimsy for construction. Another case where the consecrated item is fit for neither the altar nor Temple maintenance is a field full of grass.

ืžื•ืขืœื™ืŸ ื‘ื”ื ื•ื‘ืžื” ืฉื‘ืชื•ื›ื”

In all those cases, one is liable for misusing both them and that which is within them, as those that are unfit for use in the Temple will be sold and their money will be used for the altar or for Temple maintenance.

ืื‘ืœ ืื ื”ืงื“ื™ืฉ ื‘ื•ืจ ื•ืื—ืจ ื›ืš ื ืชืžืœื ืžื™ื ืืฉืคื” ื•ืื—ืจ ื›ืš ื ืชืžืœื ื–ื‘ืœ ืฉื•ื‘ืš ื•ืื—ืจ ื›ืš ื ืชืžืœื ื™ื•ื ื™ื ืื™ืœืŸ ื•ืื—ืจ ื›ืš ื ืชืžืœื ืคื™ืจื•ืช ืฉื“ื” ื•ืื—ืจ ื›ืš ื ืชืžืœืื” ืขืฉื‘ื™ื ืžื•ืขืœื™ืŸ ื‘ื”ื ื•ืื™ืŸ ืžื•ืขืœื™ืŸ ื‘ืžื” ืฉื‘ืชื•ื›ื”

But if one consecrated an empty cistern and it was subsequently filled with water, or if one consecrated an empty garbage dump and it was subsequently filled with manure, or an empty dovecote and it was subsequently filled with pigeons, or a tree without fruit and it was subsequently filled with fruit, or an empty field and it was subsequently filled with grass; in all these cases one is liable for misusing them but one is not liable for misusing that which is within them. There is no misuse with regard to enhancements that developed in consecrated property.

ืจื‘ื™ ื™ื•ืกื™ ืื•ืžืจ ื”ืžืงื“ื™ืฉ ืืช ื”ืฉื“ื” ื•ื”ืื™ืœืŸ ืžื•ืขืœื™ืŸ ื‘ื”ืŸ ื•ื‘ื’ื™ื“ื•ืœื” ืžืคื ื™ ืฉื”ืŸ ื’ื™ื“ื•ืœื™ ื”ืงื“ืฉ

Rabbi Yosei disagrees in two of the above cases and says: In the case of one who consecrates the empty field in which grass grew or the empty tree on which fruit grew, he is liable for misusing both them and their growth, because these are growths of consecrated property, despite the fact that they grew there only after the property was consecrated.

ื•ืœื“ ื”ืžืขื•ืฉืจืช ืœื ื™ื ื•ืง ืžืŸ ื”ืžืขื•ืฉืจืช ื•ืื—ืจื™ื ืžืชื ื“ื‘ื™ื ื›ืŸ ื•ืœื“ ื”ืžื•ืงื“ืฉื™ืŸ ืœื ื™ื ื•ืง ืžืŸ ื”ืžื•ืงื“ืฉื™ืŸ ื•ืื—ืจื™ื ืžืชื ื“ื‘ื™ื ื›ืŸ

Apropos the growths of consecrated property, the mishna states that an offspring born to a tithed animal before it was tithed may not be given to suckle from the tithed mother, as it is a non-sacred animal that may not be allowed to derive benefit from consecrated property. And there are others who stipulate in this manner, i.e., that the consecration does not apply to the milk. The same is true of the offspring of sacrificial animals born to them before their consecration; they may not suckle from the sacrificial animal. And in this case as well, there are others who stipulate in this manner, i.e., to enable the offspring to suckle.

ื”ืคื•ืขืœื™ื ืœื ื™ืื›ืœื• ืžืŸ ื’ืจื•ื’ืจื•ืช ื”ืงื“ืฉ ื•ื›ืŸ ืคืจื” ืžื›ืจืฉื™ื ื™ ื”ืงื“ืฉ

The laborers, who are generally permitted to eat the food of their employer, may not eat from consecrated dried figs, if they work with Temple produce. Rather, they can buy food with the money they are paid. And likewise, a cow working with consecrated property, e.g., threshing Temple produce, may not eat from consecrated vetch [mikarshinei].

ื’ืžืณ ืงืชื ื™ ื•ืœื“ ื”ืžืขื•ืฉืจืช ืœื ื™ื ืง ืžืŸ ื”ืžืขื•ืฉืจืช ืžื ื”ื ื™ ืžื™ืœื™

GEMARA: The mishna teaches that an offspring born to a tithed animal before it was tithed may not suckle from the tithed mother, and the same applies to the offspring of a sacrificial animal. The Gemara asks: From where are these matters derived?

ืืžืจ ืจื‘ ืื—ื“ื‘ื•ื™ ื‘ืจ ืืžื™ ืืชื™ื ื”ืขื‘ืจื” ื”ืขื‘ืจื” ืžื‘ื›ื•ืจ ืžื” ื‘ื›ื•ืจ ืžื•ืขืœื™ืŸ ื‘ื• ืืฃ ื—ืœื‘ ื”ืžืขื•ืฉืจืช ืžื•ืขืœื™ืŸ ื‘ื•

Rav Aแธฅadvoi bar Ami said: It is derived through a verbal analogy of the expressions โ€œpassingโ€ and โ€œpassing,โ€ from the case of a firstborn offering. With regard to animal tithe the verse states: โ€œWhatsoever passes under the rodโ€ (Leviticus 27:32), and with regard to the firstborn offering it is stated: โ€œAnd you shall cause to pass all that opens the womb, to the Lordโ€ (Exodus 13:12). Just as in the case of the firstborn offering one is liable for misusing all of it, as it is a male and does not have milk, so too, with regard to the milk of a tithed animal one is liable for misusing all of it, i.e., all of it is forbidden, including its milk, as it is part of the tithed animal. Therefore, the offspring may not suckle from the mother.

ื—ืœื‘ ื”ืžื•ืงื“ืฉ ื ืžื™ ืืชื™ื ืืžื• ืืžื• ืžื‘ื›ื•ืจ

The other halakha, that the milk of a sacrificial animal is prohibited, is also derived through a verbal analogy, specifically the terms โ€œits motherโ€ and โ€œits mother,โ€ from the case of a firstborn offering. With regard to sacrificial animals the verse states: โ€œWhen a bullock, or a sheep, or a goat, is born, it shall be seven days under its motherโ€ (Leviticus 22:27), and in the case of the firstborn offering it is stated: โ€œSeven days it shall be with its motherโ€ (Exodus 22:29). Just as one is liable for misusing all of a firstborn offering, so too, one is liable for misusing the milk of a sacrificial animal, i.e., the milk is forbidden, as it is part of the sacrificial animal. Consequently, its offspring may not suckle from the mother.

ื”ืคื•ืขืœื™ืŸ ืœื ื™ืื›ืœื• ื›ื•ืณ ืžืื™ ื˜ืขืžื ืืžืจ ืจื‘ ืื—ื“ื‘ื•ื™ ื‘ืจ ืืžื™ ื“ืืžืจ ืงืจื ืœื ืชื—ืกื ืฉื•ืจ ื‘ื“ื™ืฉื• ื“ื™ืฉื• ืฉืœืš ื•ืœื ื“ื™ืฉื• ืฉืœ ื”ืงื“ืฉ

ยง The mishna teaches that the laborers of Temple produce may not eat from consecrated dried figs, and likewise a cow may not eat from consecrated vetch. The Gemara does not ask about the source of the halakha of a laborer, as the verse clearly states in this regard: โ€œWhen you come into your neighborโ€™s vineyardโ€ (Deuteronomy 23:25), which does not include a vineyard belonging to the Temple; but the Gemara does ask about the case of the cow: What is the reason for the ruling with regard to a cow? Rav Aแธฅadvoi bar Ami said: As the verse states: โ€œDo not muzzle the ox during its treadingโ€ (Deuteronomy 25:4). The term โ€œits treadingโ€ teaches that this prohibition applies to muzzling an ox when it is treading your non-sacred field, and not when it is treading a consecrated field. Since the consecrated produce is prohibited, one must muzzle the ox.

ื”ื“ืฉ ืงืœืขื™ืœื™ืŸ ื‘ืฉื“ื” ื”ืงื“ืฉ ืžืขืœ ื•ื”ื ื‘ืชืœื•ืฉ ื‘ืขื™ื ืŸ ืืžืจ ืจื‘ื™ื ื ืฉืžืข ืžื™ื ื” ืื‘ืงื” ืžืขืœื™ ืœื”

The Gemara discusses a similar case: One who threshes his non-sacred kalilin, a type of legume, in a consecrated field is liable for misuse of consecrated items. The Gemara raises a difficulty: But in order for one to be liable for misuse, we require the consecrated item from which one derives benefit to be detached from the ground, whereas the field is the ground itself. Ravina said: Conclude from it that the fieldโ€™s dust is beneficial for kalilin, and therefore he misuses the detached dust of the consecrated field when he threshes it.

ืžืชื ื™ืณ ืฉืจืฉื™ ืื™ืœืŸ ืฉืœ ื”ื“ื™ื•ื˜ ื”ื‘ืื™ืŸ ื‘ืฉืœ ื”ืงื“ืฉ ื•ืฉืœ ื”ืงื“ืฉ ืฉื‘ืื™ืŸ ื‘ืฉืœ ื”ื“ื™ื•ื˜ ืœื ื ื”ื ื™ืŸ ื•ืœื ืžื•ืขืœื™ืŸ ืžืขื™ืŸ ืฉื”ื•ื ื™ื•ืฆื ืžืชื•ืš ื”ืฉื“ื” ืฉืœ ื”ืงื“ืฉ ืœื ื ื”ื ื™ืŸ ื•ืœื ืžื•ืขืœื™ืŸ ื™ืฆื ื—ื•ืฅ ืœืฉื“ื” ื ื”ื ื™ืŸ ืžืžื ื•

MISHNA: With regard to the roots of the non-sacred tree of an ordinary person that enter into consecrated land, and the roots of a consecrated tree that enter into the non-sacred land of an ordinary person, one may not derive benefit from them ab initio, but if he derived benefit from them he is not liable for their misuse. With regard to water of a spring that flows in a non-sacred field but which emerges from that field and flows into a consecrated field, when it is in the consecrated field one may not derive benefit from it ab initio, but if one derived benefit from it he is not liable for its misuse. Once the spring emerges outside the consecrated field one may derive benefit from the water.

ื”ืžื™ื ืฉื‘ื›ื“ ืฉืœ ื–ื”ื‘ ืœื ื ื”ื ื™ืŸ ื•ืœื ืžื•ืขืœื™ืŸ ื ืชื ืŸ ื‘ืฆืœื•ื—ื™ืช ืžื•ืขืœื™ืŸ ื‘ื”ืŸ

With regard to the water that was drawn from the Siloam pool into the golden jug, which was not consecrated as a service vessel, to bring it to the altar for libation on the festival of Sukkot, one may not derive benefit from the water ab initio, as it was drawn for use in the Temple service. But if one derived benefit from it he is not liable for its misuse, since it was not consecrated in a service vessel. Once one places the water from the jug for libation into the flask, which is a service vessel, the water is consecrated and he is liable for misusing the water.

ืขืจื‘ื” ืœื ื ื”ื ื™ืŸ ื•ืœื ืžื•ืขืœื™ืŸ ืจื‘ื™ ืืœืขื–ืจ ื‘ืจื‘ื™ ืฆื“ื•ืง ืื•ืžืจ ื ื•ื”ื’ื™ืŸ ื”ื™ื• ื”ื–ืงื ื™ื ืฉื ื”ื ื™ื ืžืžื ื• ื‘ืœื•ืœื‘ื™ื”ืŸ

With regard to the willow branches that are placed on the sides of the altar on the festival of Sukkot, before their placement one may not derive benefit from them ab initio, but if he derived benefit from them he is not liable for their misuse. After their placement their mitzva has been fulfilled, and therefore at that time one may derive benefit from the willow branches ab initio. Rabbi Elazar, son of Rabbi Tzadok, says: The elders were accustomed to derive benefit from the willow branches even before their placement on the sides of the altar, by cutting small branches for use in their lulav, in fulfillment of the mitzva of the four species.

ื’ืžืณ ืืžืจ ืจื™ืฉ ืœืงื™ืฉ ืื™ืŸ ืžื•ืขืœื™ืŸ ื‘ื›ื•ืœืŸ ืื‘ืœ ืžื•ืขืœื™ืŸ ื‘ืฉืœืฉ ืœื•ื’ื™ืŸ

GEMARA: Reish Lakish says: When the mishna teaches that one is not liable for misusing the water in the golden jug awaiting use as a libation, it means that one is not liable for misuse of all of the water in the jug, if it contained more than three log. But one is liable for misusing the three log required for the libation.

ื•ื”ืงืชื ื™ ืกื™ืคื ื ืชื ื• ืœืฆืœื•ื—ื™ืช ืžื•ืขืœื™ืŸ ื‘ื”ืŸ ืžื›ืœืœ ื“ืจื™ืฉื ืืคื™ืœื• ื‘ืฉืœืฉืช ืœื•ื’ื™ืŸ ื ืžื™ ืœื

The Gemara raises a difficulty: But the latter clause of the mishna teaches that once one placed the water from the jug into the flask he is liable for misusing the water. One can conclude by inference that in the case addressed in the first clause of the mishna, where the water is still in the jug, one is not liable for misuse in all circumstances, even if the jug contains only the requisite three log. This apparently contradicts the statement of Reish Lakish.

ืืœื ืื™ ืื™ืชืžืจ ืืกื™ืคื ืื™ืชืžืจ ืžื•ืขืœื™ืŸ ื‘ื”ืŸ ืืžืจ ืจื™ืฉ ืœืงื™ืฉ ืื™ืŸ ืžื•ืขืœื™ืŸ ืืœื ื‘ืฉืœืฉื” ืœื•ื’ื™ืŸ

The Gemara answers: Rather, if a qualification was stated in this matter it was stated with regard to the latter clause of the mishna, which teaches that once the water is placed in the flask one is liable for misusing the water. The qualification is as follows: Reish Lakish says one is liable for its misuse only if the flask contains exactly three log of water, which is the requisite amount for the mitzva. But if there is more than three log one is not liable for misusing any of the water, as it is not consecrated at all.

ื•ืจื‘ื™ ื™ื•ื—ื ืŸ ืืžืจ ืžื•ืขืœื™ืŸ ื‘ื›ื•ืœืŸ ืœืžื™ืžืจื ื“ืงืกื‘ืจ ืจื™ืฉ ืœืงื™ืฉ ื™ืฉ ืฉื™ืขื•ืจ ืœืžื™ื ื•ื”ืชื ืŸ ืืžืจ ืจื‘ื™ ืืœื™ืขื–ืจ ื”ืžื ืกืš ืžื™ ื—ื’ ื‘ื—ื’ ื‘ื—ื•ืฅ ื—ื™ื™ื‘

And Rabbi Yoแธฅanan disagrees and says: Even if the flask contained more than three log of water, one is liable for misusing any of the water. He maintains there is no fixed measure for water used in the libation, and therefore all the water is consecrated for the mitzva. The Gemara asks: Is this to say that Reish Lakish holds there is a maximum measure for the water used in the libation? But didnโ€™t we learn in a mishna (Zevaแธฅim 110b) that deals with liability for sacrificing outside the Temple that Rabbi Eliezer, or Rabbi Elazar, says: One who pours, as a libation, water consecrated for the libation of the festival of Sukkot, during the Festival, outside the courtyard, is liable to receive karet just as though he sacrificed outside the Temple.

ื•ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ืžืฉื•ื ืžื ื—ื ื™ื•ื“ืืคื” ืจื‘ื™ ืืœืขื–ืจ ื‘ืฉื™ื˜ืช ืจื‘ื™ ืขืงื™ื‘ื ืืžืจ ื“ื“ืจื™ืฉ ื ืกื›ื™ื”ื ืื—ื“ ื ื™ืกื•ืš ื”ืžื™ื ื•ืื—ื“ ื ื™ืกื•ืš ื”ื™ื™ืŸ

The Gemara continues: And Rabbi Yoแธฅanan says in the name of Rabbi Menaแธฅem Yodafa: Rabbi Elazar says that halakha in accordance with the opinion of Rabbi Akiva, his teacher, who interprets a verse dealing with the offerings of the festival of Sukkot: โ€œBeside the daily burnt offering, its meal offering, and its libationsโ€ (Numbers 29:31), as follows: The plural form indicates that the verse is speaking of two types of libations: One is the water libation, unique to the festival of Sukkot, and the other one is the wine libation, which always accompanies the daily offering.

ื•ืืžืจ ืจื™ืฉ ืœืงื™ืฉ ืื™ ืžื” ื™ื™ืŸ ืฉืœืฉ ืœื•ื’ื™ืŸ ืืฃ ืžื™ื ืฉืœืฉ ืœื•ื’ื™ืŸ ืžื›ืœืœ ื“ืกื‘ืจ ืจื™ืฉ ืœืงื™ืฉ ืื™ืŸ ืฉื™ืขื•ืจ ืœืžื™ื ืœื˜ืขืžื ื“ืžื ื—ื ื™ื•ื“ืืคื” ืงืืžืจ

And Reish Lakish said to Rabbi Yoแธฅanan: If Rabbi Elazar derives the obligation for the water libation through the derivation taught by Rabbi Akiva, and that is why he rules that one who pours it as a libation outside the courtyard is liable, then he should equate the libations of wine and water, as follows: Just as with regard to wine the measure for the mitzva is three log, so too here, in the case of water, the measure for the mitzva should be three log. One may conclude by inference from this statement that Reish Lakish himself holds there is no measure for the water used in the libation. The Gemara answers: Actually, Reish Lakish maintains that there is a measure for the water, but he stated his question according to the explanation of Rabbi Menaแธฅem Yodafa, cited by Rabbi Yoแธฅanan.

ืžืชื ื™ืณ ื”ืงืŸ ืฉื‘ืจืืฉ ื”ืื™ืœืŸ ืฉืœ ื”ืงื“ืฉ ืœื ื ื”ื ื™ืŸ ื•ืœื ืžื•ืขืœื™ืŸ ืฉื‘ืืฉื™ืจื” ื™ืชื™ื– ื‘ืงื ื” ื”ืžืงื“ื™ืฉ ืืช ื”ื—ื•ืจืฉ ืžื•ืขืœื™ืŸ ื‘ื›ื•ืœื•

MISHNA: With regard to a birdโ€™s nest that is atop the consecrated tree, one may not derive benefit from it ab initio, but if one derived benefit from it he is not liable for its misuse. In order to acquire a birdโ€™s nest that is atop a tree worshipped as idolatry, from which one may not derive benefit even by climbing it, one should dislodge the nest from its place by striking it with a pole. In the case of one who consecrates his forest, one is liable for misusing everything in the entire forest.

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