POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Meilah 21
1) "ME'ILAH" THROUGH A "SHALI'ACH"
(a) (Mishnah): If Reuven told Shimon: "Bring to me from the
window or from the bag" (and Shimon brought to him an
object of Hekdesh from there) -- even if Reuven says that
he meant a different window or bag, Reuven transgressed
2) A "SHALI'ACH" WHO DEVIATED FROM HIS MISSION
(b) However, if he told him to bring from the window, and he
brought from the bag [or vice-versa], Shimon was Mo'el.
(c) If Reuven told a child, lunatic or deaf person to bring
money [which was later found to be Hekdesh] to a grocer:
1. If they [properly] fulfilled his command, Reuven was
Mo'el; if not, the grocer will be Mo'el [when he
spends the money].
(d) If Reuven told a normal adult to bring money to a grocer,
and before the money was given Reuven remembered that it
is Hekdesh, the grocer will be Mo'el when he spends the
(e) Question: What can he (Reuven; Rambam - the grocer) do
[to save the grocer from Me'ilah]?
(f) Answer: He should take a Perutah or vessel and say,
"Wherever the Hekdesh coin is, it is redeemed onto this";
1. Hekdesh can be redeemed onto money or other objects
(Metaltelim) worth money.
(g) (Gemara) Question: What do we learn from the first
(h) Answer: It teaches that Devarim sheb'Lev (unspoken
intentions, e.g. he did not want the object from that
window) have no bearing in Halachah.
(i) (Mishnah): If Reuven told a child, lunatic or deaf
(j) Question: [They lack understanding,] they cannot be
(k) Answer #1 (R. Elazar): It is as if they are a Ma'atan (a
basket that holds olives, which also does "Sehlichus"):
1. (Mishnah) Question: When are olives fit to be
(l) Answer #2 (R. Yochanan): This is like the case of Eiruv
(Techumim, we care only that the mission is accomplished,
the doer need not be capable of Shelichus):
2. Answer: This is after they emit moisture in the
Ma'atan (one presses them tightly into it, in order
that they will begin to emit oil), but not when they
emit moisture in the basket [when they are first
1. If one put [food for] an Eiruv on a monkey or
elephant and they took it to the desired place, the
Eiruv is valid. (Tosfos - he must see that it was
taken to the proper place, and say that it should
take effect there.)
(m) (Mishnah): If Reuven told a normal adult... [and he
remembered that it is Hekdesh, the grocer will be Mo'el].
2. Summation of both answers: [The Ma'atan or animal
has no understanding, yet] it performs Shelichus for
him -- the same applies to the child, lunatic or
(n) Inference: This applies even if the Shali'ach did not
(o) Contradiction (Beraisa): If the sender remembered [that
it is Hekdesh], but the Shali'ach did not remember, the
Shali'ach was Mo'el.
(p) Answer (Rav Sheshes): The Mishnah discusses when the
Shali'ach also remembered.
(a) (Mishnah): In the following cases, neither Reuven nor
Shimon was Mo'el [in a Perutah, the Shi'ur to obligate a
1. Reuven gave Shimon a Perutah (in every case in this
Mishnah, neither knew that it is Hekdesh) and asked
him to buy lamps with half and wicks with the other
half, and Shimon bought wicks [or lamps] with the
whole Perutah. (Even if we say that half the
purchase was like Reuven wanted, this is less than a
Perutah; Shimon deviated, but only with a
half-Perutah of Hekdesh. Shitah - we must say that
Reuven is a Gizbar; if not, he is Mo'el once he
gives a Perutah to Shimon.)
(b) If Reuven gave Shimon a Perutah to buy a half-Perutah of
wicks in "A" [a certain place] and a half-Perutah of
lamps in "B", and Shimon bought a half-Perutah of wicks
in "B" and a half-Perutah of lamps in "A", Shimon was
Mo'el [in a full Perutah].
2. Reuven asked Shimon to buy wicks [or lamps] with the
whole Perutah, and Shimon used half to buy lamps and
half to buy wicks.
(c) If Reuven gave Shimon two Perutos to buy an Esrog, and
Shimon bought an Esrog for one Perutah and a pomegranate
for one Perutah, both were Mo'el;
(d) R. Yehudah says, Reuven was not Mo'el, since he could
say, "I wanted a big Esrog, and you brought me a small,
bad one" (this shows that the Shelichus was not
(e) If Reuven gave Shimon a gold Dinar and asked him to buy a
cloak, and Shimon spent half for a cloak, and half for a
Talis, both were Mo'el;
(f) R. Yehudah says, Reuven was not Mo'el, since he could
say, "I wanted a big cloak, and you brought me a small,
3) "HEKDESH" MIXED WITH "CHULIN"
(g) (Gemara) Inference: Our Mishnah teaches that [if a
Shali'ach buys less than he was told to buy, it is a
valid purchase -- likewise,] if Levi told Yehudah, "Sell
a Beis Kor of my land", and Yehudah sold half this
amount, it is a valid sale.
(h) Rejection: No, the case is, Shimon bought a cloak worth a
full gold Dinar with half the money (but if it was worth
less, all would agree that Reuven was not Mo'el).
(i) Question (Seifa - R. Yehudah): Reuven was not Mo'el,
since he could say, "I wanted a big cloak, and you
brought me a small, bad one." (If it was worth a Dinar,
he would not call it bad!)
(j) Answer: Its value is bad [compared to what Shimon should
1. Reuven could say, had you spent the full Dinar for a
cloak, you would have gotten one worth (Shitah -
more than) two Dinars!
(k) Support (Beraisa): R. Yehudah agrees that if he was sent
to buy beans (and spent half the money on legumes, and
half on something else), both were Mo'el, for beans are
sold at the same rate whether one buys a lot or a little.
(l) Question: What is the case?
1. It cannot be in a place where beans are sold by
estimate -- there, he would have received a better
rate for buying a full Dinar's worth!
(m) Answer (Rav Papa): It is in a place where one receives a
fixed measure for each Perutah.
(a) (Mishnah): If Reuven deposited coins with Shimon, a
1. If they were wrapped [in a sealed bundle], this
shows that he does not want Shimon to use them;
therefore, if Shimon spent them, he was Mo'el;
(b) If he deposited coins with a regular person, whether or
not they were wrapped, Shimon may not use them;
therefore, if he spent them, he was Mo'el;
2. If they were loose, [since he knows that
moneychangers need coins] this shows that he allows
Shimon to use them; therefore, if he spent them,
Shimon was not Mo'el (Rashi - Reuven was Mo'el, for
putting them in Shimon's Reshus; Rambam - also
Reuven was not Mo'el, for he did not tell Shimon to
(c) R. Meir says, [regarding this law] a grocer is like a
(d) R. Yehudah says, he is like a moneychanger.
(e) If a Perutah of Hekdesh fell into Levi's wallet, or if he
said, "A Perutah in my wallet is Hekdesh":
1. R. Akiva says, he is Mo'el when he spends the first
Perutah [from the wallet]; (Tosfos - this is Safek
Me'ilah, R. Akiva obligates an Asham for Safek
(f) R. Akiva agrees that if he said, "A Perutah from my
wallet is Hekdesh", he may spend all the coins in the
wallet, except for one.
2. Chachamim exempt, unless he spent all the coins.
(Tosfos asks why the Hekdesh coin is not Batel in
the majority, and answers that the case is, there is
only one other coin in the wallet. Alternatively,
the coin is important, so it is not Batul.
Seemingly, Tosfos holds that something important is
not Batul mid'Oraisa, a Chidush rejected by most
Poskim. Tzon Kodashim alters Tosfos' text to say
that the Me'ilah is only mid'Rabanan. Netziv
explains, since Chachamim decreed that it is not
Batel, it is as if they were Makdish it, so Me'ilah
applies mid'Oraisa. Pri Chadash says, Rambam
understands that the Hekdesh coin is distinguishable
from the others, therefore it is not Batel. Tif'eres
Yisrael answers according to Mordechai that Bitul
does not apply if the Isur and Heter were never
distinguishable -- but this does not explain the
case where a Perutah fell in the wallet. Me'iri
(Pesachim 27b) suggests that Hekdesh is not Batel
because Bitul does not apply to money (unlike Shev
Shemaitsa, who says that Hekdesh is considered Isur,
not Mamon); see also Insights.)
(g) Version #1 (Gemara - Rav Dimi) Question (Reish Lakish):
What is the difference between the Reisha and the Seifa?
(h) Answer (R. Yochanan): In the Seifa, he actually said,
"This wallet will not be exempt from Hekdesh (I will be
Makdish a coin before spending all of them)".
(i) Version #2 (Ravin) Question (Reish Lakish - Mishnah): If
Reuven said, "One of my bulls is a Korban" -- if he has
two, the larger one is a Korban. (Inference: If they are
the same size, the first one he encounters is Hekdesh --
but in the Seifa [of our Mishnah], R. Akiva agrees that
he may spend all the coins in the wallet, except for
(j) Answer (R. Yochanan): In the Seifa, he actually said,
"This wallet will not be exempt from Hekdesh."