Meilah 3:8-4:1
משנה מעילה ג:ח-ד:א
Seder: Kodashim | Tractate: Meilah | Chapter: 3-4
📖 Mishna
Mishna 3:8
משנה ג:ח
Hebrew:
קֵן שֶׁבְּרֹאשׁ הָאִילָן שֶׁל הֶקְדֵּשׁ, לֹא נֶהֱנִין וְלֹא מוֹעֲלִין. שֶׁבַּאֲשֵׁרָה, יַתִּיז בְּקָנֶה. הַמַּקְדִּישׁ אֶת הַחֹרֶשׁ, מוֹעֲלִין בְּכֻלּוֹ. הַגִּזְבָּרִים שֶׁלָּקְחוּ אֶת הָעֵצִים, מוֹעֲלִין בָּעֵצִים, וְאֵין מוֹעֲלִין לֹא בַשִּׁפּוּי וְלֹא בַנְּוִיָּה:
English:
With regard to a bird’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 bird’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. In the case of the Temple treasurers who purchased non-sacred logs to use for repairs in the Temple, one is liable for misusing the wood itself, but one is not liable for misusing the sawdust, nor is he liable for the leaves [baneviyya] that fall from the log, as the treasurers purchased for the Temple only those materials fit for use in its construction.
קלאוד על המשנה:
This mishna addresses several cases involving sacred trees and forests, continuing the chapter’s exploration of me’ilah’s scope in boundary situations.
A bird’s nest atop a consecrated tree presents an interesting case. The tree is sacred, but the nest was built by a wild bird that chose to nest there — it was never consecrated and is not a product of the tree itself. Therefore, while one may not benefit from it ab initio (since removing it involves using the consecrated tree), there is no me’ilah liability. The contrast with an asheirah (idolatrous tree) is instructive: there, one must not even climb the tree to take the nest, so one dislodges it with a pole.
When one consecrates an entire forest (choresh), the consecration is comprehensive — everything in it is subject to me’ilah. But when Temple treasurers purchase lumber, the scope of me’ilah is more limited. Since they purchased specific items for a specific purpose (construction materials), me’ilah applies only to the wood itself, not to the sawdust or leaves that are byproducts of processing. This reflects a principle that me’ilah tracks the intent of the consecration or purchase — and Temple funds were spent on usable lumber, not on sawdust.
Key Terms:
- קֵן (Ken) = Bird’s nest — when found atop a consecrated tree, it has an intermediate status since it was not itself consecrated
- אֲשֵׁרָה (Asheirah) = A tree worshipped as idolatry, from which one may not derive any benefit
- חֹרֶשׁ (Choresh) = Forest or thicket — when consecrated in its entirety, all contents are subject to me’ilah
- גִּזְבָּרִים (Gizbarim) = Temple treasurers — officials responsible for managing Temple finances and purchases
- שִׁפּוּי / נְוִיָּה (Shipui / Neviyah) = Sawdust and fallen leaves — byproducts of lumber processing that are not subject to me’ilah when treasurers purchased the wood
Mishna 4:1
משנה ד:א
Hebrew:
קָדְשֵׁי הַמִּזְבֵּחַ מִצְטָרְפִין זֶה עִם זֶה לִמְעִילָה, וּלְחַיֵּב עֲלֵיהֶן מִשּׁוּם פִּגּוּל, נוֹתָר וְטָמֵא. קָדְשֵׁי בֶדֶק הַבַּיִת מִצְטָרְפִין זֶה עִם זֶה. קָדְשֵׁי הַמִּזְבֵּחַ וְקָדְשֵׁי בֶדֶק הַבַּיִת מִצְטָרְפִין זֶה עִם זֶה לִמְעִילָה:
English:
All items consecrated to be sacrificed on the altar join together to constitute the measure with regard to liability for misuse of consecrated property, which is deriving benefit equivalent to one peruta. And they join together to constitute an olive-bulk, which is the measure that renders one liable due to violation of the prohibitions of piggul, or notar, or partaking of the item while ritually impure. All items consecrated for Temple maintenance join together to constitute the measure with regard to liability for misuse. Both items consecrated to be sacrificed on the altar and items consecrated for Temple maintenance join together to constitute the measure with regard to liability for misuse.
קלאוד על המשנה:
Chapter 4 opens with a foundational principle about combining (tziruf) — whether small amounts of different consecrated items can join together to reach the threshold for me’ilah liability (one peruta’s worth of benefit).
The mishna establishes three rules of combination. First, all items consecrated for the altar (kodshei mizbe’ach) combine with each other for me’ilah, and also for the prohibitions of piggul (sacrificial meat rendered invalid by improper intent regarding time), notar (leftover sacrificial meat), and tamei (eating sacred food while impure). Second, all items consecrated for Temple maintenance (kodshei bedek habayit) combine with each other for me’ilah. Third — and most expansively — even altar items and maintenance items combine with each other for me’ilah.
This last rule is particularly significant. Although kodshei mizbe’ach and kodshei bedek habayit are fundamentally different categories of sanctity with different rules governing their use, they share a common denominator: they are all “property of God” (mamon gavoha). Since me’ilah is essentially the prohibition against misappropriating divine property, the specific category of sanctity is irrelevant — any benefit from any sacred item counts. However, the combination across categories applies only to me’ilah, not to piggul, notar, or tumah, since those prohibitions are specific to altar sacrifices.
Key Terms:
- מִצְטָרְפִין (Mitztarfin) = Join together / combine — the principle that small quantities of similar items aggregate to reach a halakhic threshold
- פִּגּוּל (Piggul) = Sacrificial meat invalidated by intent to consume it beyond its permitted time
- נוֹתָר (Notar) = Leftover sacrificial meat remaining past its permitted time of consumption
- טָמֵא (Tamei) = Ritually impure — one who eats sacred food while impure transgresses a Torah prohibition
- שְׁוֵה פְרוּטָה (Shaveh Perutah) = The value of one peruta — the minimum threshold of benefit that triggers me’ilah liability