Meilah 5:4-5
משנה מעילה ה:ד-ה
Seder: Kodashim | Tractate: Meilah | Chapter: 5
📖 Mishna
Mishna 5:4
משנה ה:ד
Hebrew:
נָטַל אֶבֶן אוֹ קוֹרָה שֶׁל הֶקְדֵּשׁ, הֲרֵי זֶה לֹא מָעַל. נְתָנָהּ לַחֲבֵרוֹ, הוּא מָעַל וַחֲבֵרוֹ לֹא מָעַל. בְּנָאָהּ בְּתוֹךְ בֵּיתוֹ, הֲרֵי זֶה לֹא מָעַל, עַד שֶׁיָּדוּר תַּחְתֶּיהָ בְּשָׁוֶה פְרוּטָה. נָטַל פְּרוּטָה שֶׁל הֶקְדֵּשׁ, הֲרֵי זֶה לֹא מָעַל. נְתָנָהּ לַחֲבֵרוֹ, הוּא מָעַל וַחֲבֵרוֹ לֹא מָעַל. נְתָנָהּ לַבַּלָּן, אַף עַל פִּי שֶׁלֹּא רָחַץ, מָעַל, שֶׁהוּא אוֹמֵר לוֹ, הֲרֵי מֶרְחָץ פְּתוּחָה, הִכָּנֵס וּרְחֹץ:
English:
In a case where one took for his use a consecrated stone or a beam, that person is not liable for its misuse. If he gave the stone or the beam to another, he is liable for its misuse and the other person is not liable for its misuse. If he built the stone or the beam into his house, he is not liable for its misuse until he resides beneath it and derives benefit equal to the value of one peruta from it. If one took for his use a consecrated peruta, that person is not liable for its misuse. If he gave the peruta to another, he is liable for its misuse and the other person is not liable for its misuse. If he gave the peruta to a bathhouse attendant [levallan], although he did not bathe, he is liable for misuse of the peruta. The reason is that at the moment he receives the peruta, the attendant in effect says to the owner of the peruta: The bathhouse is open before you, enter and bathe. The benefit derived from that availability is worth one peruta.
קלאוד על המשנה:
This mishna explores the mechanics of how me’ilah liability is triggered through transfer and use. The opening case — taking a consecrated stone or beam — establishes that merely taking (natlah) a consecrated object is not me’ilah. The act of taking alone, even if unauthorized, does not constitute deriving benefit worth a peruta. Me’ilah requires actual benefit, not just possession.
The critical transition occurs when the item is given to another person. At the moment of transfer, the first person is considered to have derived benefit (by discharging an obligation or performing an act of generosity using Temple property), while the recipient is not liable because he received the item from the first person, not directly from hekdesh. This reflects the principle that once me’ilah has occurred, the item exits its sacred status, and subsequent users interact with what is effectively non-sacred property.
The bathhouse case (ballan) introduces a subtle point: me’ilah can occur through the creation of a right to benefit, even before the benefit is physically enjoyed. When the consecrated peruta is given to the attendant, the attendant immediately makes the bathhouse available — that availability itself constitutes benefit worth a peruta. This teaches that me’ilah is not limited to physical consumption but extends to any form of economic benefit, including the acquisition of a right or service.
Key Terms:
- הקדש (Hekdesh) = Consecrated property — items or money dedicated to the Temple treasury
- בלן (Ballan) = Bathhouse attendant — one who manages a public bathing facility and collects fees
- נטילה (Netilah) = Taking/lifting — the physical act of moving an item, which alone does not constitute me’ilah
- פרוטה (Peruta) = The minimum monetary value required for me’ilah liability
- הנאה (Hana’ah) = Benefit — any form of advantage or value derived from using consecrated property
Mishna 5:5
משנה ה:ה
Hebrew:
אֲכִילָתוֹ וַאֲכִילַת חֲבֵרוֹ, הֲנָיָתוֹ וַהֲנָיַת חֲבֵרוֹ, אֲכִילָתוֹ וַהֲנָיַת חֲבֵרוֹ, הֲנָיָתוֹ וַאֲכִילַת חֲבֵרוֹ, מִצְטָרְפִין זֶה עִם זֶה, וַאֲפִלּוּ לִזְמָן מְרֻבֶּה:
English:
One’s consumption of half of a peruta of consecrated food and another’s consumption of half of a peruta of consecrated food that the first person fed him; and likewise one’s benefit of half of a peruta derived from a consecrated item and another’s benefit of half of a peruta derived from a consecrated item that the first person provided him; and similarly one’s consumption and another’s benefit derived or one’s benefit derived and another’s consumption, all these join together to constitute the requisite measure of one peruta for liability for misuse, and that is the halakha even if much time has passed between these various acts of consumption and deriving of benefit.
קלאוד על המשנה:
This mishna addresses the question of whether small, fragmented acts of benefit from consecrated property can combine (mitztarfin) to reach the peruta threshold for me’ilah liability. The answer is a resounding yes — and the scope of combination is remarkably broad.
The mishna lists four combinations: one’s own eating with another’s eating, one’s own non-eating benefit with another’s benefit, one’s eating with another’s benefit, and one’s benefit with another’s eating. In every permutation, half-peruta increments combine to form the full peruta required for liability. The person who initiated the chain of benefit — by feeding another or providing them access to a consecrated item — bears the combined liability.
Perhaps the most striking element is the final clause: “even over a long period of time” (va-afilu li-zman merubeh). Unlike many areas of halacha where the passage of time severs the connection between acts, me’ilah has no statute of limitations for combination. If someone derived half a peruta of benefit from hekdesh today and another half a peruta next month from the same consecrated item, the two combine. This stringency reflects the severity with which the Torah treats misappropriation of sacred property — the obligation to the Temple treasury does not diminish with time.
Key Terms:
- מצטרפין (Mitztarfin) = They combine — the halachic principle that smaller quantities join together to form the requisite measure
- אכילה (Akhilah) = Consumption/eating — deriving benefit by consuming consecrated food
- הנאה (Hana’ah) = Benefit — non-consumptive use of consecrated property (e.g., wearing, riding)
- זמן מרובה (Zman merubeh) = A long period of time — indicating that me’ilah combinations have no time limit