1)

TO WHAT DOES ME'ILAH APPLY?

(a)

(Rav): (In our Mishnah, R. Meir says that if one was Mekadesh with Hekdesh b'Mezid, the Kidushin is valid. If he was Shogeg, it is invalid.) We do not find that R. Meir holds that (one is Mo'el and) Hekdesh is Mischalel (becomes Chulin) b'Mezid, but not b'Shogeg!

1.

Our Mishnah discusses (service) garments of the Kohanim that did not wear out. (Tosfos - this is before they were used. Once they were used, all agree that there is no Me'ilah and she would not be Mekudeshes!)

2.

This is because the Torah allows Kohanim to benefit from them. Kohanim are not like angels who could instantaneously remove them after serving in the Mikdash!

(b)

Question (Beraisa - R. Meir): Me'ilah applies to garments of the Kohanim that wore out.

1.

Suggestion: There is Me'ilah (even if they wore out, and their Mitzvah was finished, and) also if they didn't wear out (unlike Rav)!

(c)

Rejection: No, there is Me'ilah only if they wore out.

(d)

Question (Beraisa): One transgressed Me'ilah if he used new (this year's) Shekalim (that were given to buy Korbanos Tzibur), not is he used old Shekalim;

1.

R. Meir says, Me'ilah applies even to old Shekalim.

i.

R. Meir holds that Me'ilah applies to Shirei ha'Lishkah (what remains after the third and last time we take Shekalim from the chamber to buy Korbanos).

2.

According to Rav, we should say that since people are not angels and cannot avoid benefiting from the walls and other needs of Yerushalayim that are paid for from Shirei ha'Lishkah, Me'ilah does not apply to them!

i.

(Mishnah): Shirei ha'Lishkah is used for the walls, towers and all needs of Yerushalayim.

(e)

Answer: The Beraisa should say 'Rebbi Yehudah' in place of 'R. Meir'.

(f)

Question (Beraisa #1 - R. Yishmael bar R. Yitzchak): R. Meir says that Me'ilah applies to stones of (the walls of) Yerushalayim that came loose.

(g)

Correction: The Beraisa should say 'Rebbi Yehudah' in place of 'R. Meir'.

(h)

Question: Rebbi Yehudah holds that Yerushalayim is not Hekdesh!

1.

(Mishnah): If one forbids something 'like a lamb (of the daily Korban)', or 'like the pen (of Kodesh animals)', 'like the wood (for the Mizbe'ach)', 'like the fires (on the Mizbe'ach)', 'like the Heichal', 'like the Mizbe'ach', or 'like Yerushalayim' (this is a vow. The item is forbidden like a Korban);

2.

Rebbi Yehudah says, if one says 'Yerushalayim', this does nothing.

3.

Suggestion: Perhaps Rebbi Yehudah admits that if he says 'like Yerushalayim', this is a vow.

4.

Rejection (Beraisa #2 - Rebbi Yehudah): If one says 'like Yerushalayim', this does nothing. One must forbid like something offered in Yerushalayim.

54b----------------------------------------54b

(i)

Answer: Tana'im argue about Rebbi Yehudah's opinion. (The Tana of Beraisa #1 holds that Rebbi Yehudah says that 'like Yerushalayim' is a vow.)

(j)

(Ula citing Bar Pada): R. Meir holds that Hekdesh is Mischalel b'Mezid, but not b'Shogeg;

1.

We say that Hekdesh is Mischalel b'Shogeg, i.e. the transgressor must bring a Korban (but it remains Hekdesh).

(k)

Objection: If the Hekdesh remains Hekdesh, why does he bring a Korban?!

(l)

(Ravin citing Bar Pada): R. Meir holds that Hekdesh is Mischalel b'Mezid, but not b'Shogeg;

1.

We say that Hekdesh is Mischalel b'Shogeg only when it was consumed. (If it is intact, it is still Kodesh.)

2)

HOW DO WE RULE?

(a)

(Rav Nachman): The Halachah follows R. Meir regarding Ma'aser, because a Stam Mishnah is like R. Meir;

1.

The Halachah follows Rebbi Yehudah regarding Hekdesh, because a Stam Mishnah is like Rebbi Yehudah.

(b)

(Mishnah - Beis Shamai): One does not add a fifth when redeeming Reva'i (fourth year Peros) of a vineyard, and Bi'ur (removing tithes from one's house in the fourth and seventh years of Shemitah) does not apply to it;

(c)

(Beis Hillel): These laws do apply to it.

(d)

(Beis Shamai): One must leave for the poor (from Reva'i grapes) Peret (grapes that drop during harvesting) and Olelos (deficient clusters);

(e)

(Beis Hillel): (These laws do not apply). All the grapes go to the (owner's) winepress.

(f)

Question: What is Beis Hillel's reason?

(g)

Answer: They learn a Gezeirah Shavah "Kodesh-Kodesh" from Ma'aser;

1.

Just like adding a fifth and Bi'ur apply to Ma'aser, also to Reva'i.

2.

Beis Shamai do not learn the Gezeirah Shavah.

(h)

Question: Do Beis Hillel hold like R. Meir or Rebbi Yehudah regarding Ma'aser?

1.

If they hold like Rebbi Yehudah (that Ma'aser is Chulin), Reva'i should also be Chulin. One should need to leave Peret and Olelos!

(i)

Answer: Rather, they hold like R. Meir. (Beis Hillel's opinion is like a Stam Mishnah.)

(j)

Question: Which Stam Mishnah is like Rebbi Yehudah regarding Hekdesh?

(k)

Answer (Mishnah): If the Gizbar (treasurer of Hekdesh) sent Reuven to buy something with money (of Hekdesh), and the Gizbar remembered (that it was Hekdesh) before Reuven gave the money to the grocer, the grocer will transgress Me'ilah when he spends the money.

(l)

Question #1: There is also a Stam Mishnah about Ma'aser like Rebbi Yehudah!

1.

(Mishnah): One who redeems his Ma'aser Sheni must add a fifth, whether he grew it or it was given to him for a gift.

2.

Question: Like whom is this Mishnah?

i.

It is unlike R. Meir. He holds that Ma'aser Sheni is considered Hash-m's, so one cannot give it for a gift!

3.

Answer: Rather, it is like Rebbi Yehudah.

(m)

Answer: Really, it is like R. Meir. Untithed Peros were given for a gift, and the receiver separated Ma'aser Sheni from it.

1.

R. Meir does not consider tithes to be separated until they actually are separated.

(n)

Question #2 (Mishnah): One who redeems his Reva'i must add a fifth, whether he grew it or it was given to him for a gift.

1.

Question: Like whom is this Stam Mishnah?

i.

It is unlike R. Meir. He holds that Reva'i is like Ma'aser Sheni (due to the Gezeirah Shavah), which is considered Hash-m's. It cannot be given for a gift!

2.

Answer: Rather, it is like Rebbi Yehudah.

(o)

Answer: Really, it is like R. Meir. The case is, the grapes were given before they were ripe;

1.

He holds unlike Rebbi Yosi, who considers unripe grapes to be like grapes regarding Orlah (fruits of the first three years, and also regarding Reva'i).

(p)

Question #3 (Mishnah): If one did Meshichah on Ma'aser Sheni (to buy it) when it was worth one Sela, but he did not redeem it until it was worth two Sela'im, he pays one Sela and profits a Sela. The Ma'aser Sheni is his.

1.

Question: Like whom is this Stam Mishnah?

i.

It is unlike R. Meir. He holds that Ma'aser is like Hash-m's. "He will give the money", (and then) "it will be to him." (It is not redeemed until he gives the money, so he should pay two Sela'im to redeem it!)

2.

Answer: Rather, it is like Rebbi Yehudah.

(q)

Answer: The Halachah follows R. Meir because two Stam Mishnayos are like R. Meir, and only one is like Rebbi Yehudah.

(r)

Objection: That is no reason to decide that the Halachah follows R. Meir!

(s)

Correction (Rav Nachman bar Yitzchak): Rather, the Halachah follows R. Meir because a Mishnah in tractate Eduyos is like R. Meir. (The Halachah always follows a Mishnah in Eduyos.)

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