web analytics
September 30, 2014 / 6 Tishri, 5775
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Who’s Watching Anyway? (Me’ilah 2b, 9a)

Summertime in Massachusetts, one often sees flowers for sale at the side of the road. But there is no salesperson present. Instead, there is a sign requesting $10 for the flowers. You leave the $10 bill on the table and go back to your car with flowers in hand. It is an honors system. There is nobody watching to see if you pay only $5 or if you creep back, retrieve your $10 bill and make off with the money and the flowers. Doing that would be a breach of trust.

The Torah calls breach of trust “me’ilah.” It cites several examples of me’ilah on a social level: One who accepts an item from another on deposit and then denies that she was ever given the deposit in the first place; one who finds lost property but denies she found it and keeps if for herself; one who takes unfair advantage of a fiduciary relationship; one who breaches the trust of a spouse and enters into an extramarital relationship – all such persons are guilty of me’ilah.

There is also a breach of trust toward God. We give God something of value, but when He is not “looking” we take it back or use it for ourselves. The way we give God something is by pronouncing an item “kodesh” or “hekdesh.” That pronouncement, uttered even in solitude with no witnesses present and even before the kohen knows about it, has the power to transfer the property in the item to the Temple.

“Just words!” one might say, “and besides, no-one was watching. Let’s change our mind and take it back.” That would be a breach of trust, a me’ilah against God. The Talmud discusses this type of breach of trust in tractate Me’ilah.

Me’ilah in connection with Temple property can be intentional or it can be inadvertent, such as when one was genuinely unaware the item one was enjoying belonged to the Temple. The sanction for intentional me’ilah is lashes and monetary restitution. The sanction for unintentional me’ilah is threefold. In order to atone for the transgression, the perpetrator must offer up on the altar a guilt offering – asham meilot – in the form of a ram worth two Shekalim (38.2 grams of silver) and must make restitution for the item misappropriated. In addition, the perpetrator must add a fine equal to one quarter the value of the misappropriated item. Thus if the item is worth four quarters, one must pay five.

Me’ilah applies to items that are intrinsically holy – kedushat haguf – such as various types of kornbanot including animal offerings, bird offerings, flour offerings known as menachot, the Show Bread, known as lechem hapanim, the two loaves of bread offered up on Shavuot known as shtei halechem, the libations of water known as nesachim and the incense known as ketoret.

Me’ilah also applies to items dedicated to the Temple to assist in its upkeep. These items, which are either used in the Temple in the form they are given or sold so that their proceeds are given to the Temple, are known as kodshei bedek habayit. Although items donated for bedek habayit are not intrinsically holy, once they are dedicated to the Temple they too, like the korbanot, are subject to the laws of me’ilah.

The underlying principle of me’ilah is that nobody may derive any benefit from an item that is kodesh laHashem – that belongs exclusively to God. It follows that once an item ceases to belong exclusively to God in the sense that the Torah permits humans to derive some benefit from it, it is no longer subject to me’ilah.

Some korbanot always belong exclusively to God in the sense that there is never a time when a human may benefit from them. An example of such an item is the korban olah, no part of which was eaten by the kohanim and which, (apart from its hide, which was given to the kohanim) was entirely consumed by the fires of the altar. Accordingly, any misappropriation of the korban olah, from the time it was dedicated to the Temple to the time its burned ashes were removed from the altar, was subject to the laws and penalties of me’ilah.

Other korbanot belonging to the kodshei kodashim category start out belonging exclusively to God but are subsequently permitted for consumption by the kohanim. Examples of such items are the sin offering, known as the korban chattat, certain types of the guilt offerings, known as korbanot asham, and communal peace offerings such as the lambs sacrificed on Shavuot known as kivsei atzeret.

Once the blood of these animals has been sprinkled on the altar in a procedure known as zerikah, the kohanim are permitted to eat certain parts of the animal, (the breast and part of the right thigh). Accordingly, from that point on the animal no longer belongs exclusively to God and (except for the fat, kidneys and liver of these animals, which are always consumed by the fires of the altar) these animals are no longer subject to the laws of me’ilah.

The practical consequence of this law is that if, for some reason unconnected with the sanctity of the animal, the animal became unfit for consumption after the sprinkling of the blood, a person who derives benefit from the animal – other than eating it – is not liable to the laws and penalties of me’ilah.

Thus for example, the meat of a korban that had already undergone the avodah of zerikah but that subsequently became unfit for consumption – either because it became tamei due to its having been allowed to remain beyond its allotted time for consumption or because it was removed from the Temple Courtyard – is not subject to the laws of me’ilah.

Raphael Grunfeld’s book, “Ner Eyal on Seder Moed” (distributed by Mesorah) is available at OU.org and your local Jewish bookstore.

Comments to the writer are welcome at Rafegrun@aol.com.

About the Author: Raphael Grunfeld’s book, “Ner Eyal on Seder Moed” (distributed by Mesorah) is available at OU.org and your local Jewish bookstore. His new book, “Ner Eyal on Seder Nashim & Nezikin,” will be available shortly.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Who’s Watching Anyway? (Me’ilah 2b, 9a)”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Convicted murderer of Philadelphia police officer Daniel Faulkner, Mumia Ab-Jamal.
Convicted Cop-Killer Mumia Abu-Jamal is College Commencement Speaker
Latest Judaism Stories

On Sunday, Jews will be refraining from food and drink from dawn until sunset to commemorate the Fast of Gedaliah. Following Nebuchadnetzar’s destruction of the First Temple and exile of most of the Jews, the Babylonians appointed Gedaliah ben Achikaam as governor of Judea. Under Gedaliah’s leadership, Judea and the survivors began to recover. On […]

On the beach

As we enter the Days of Awe, we must recognize that it is a joy to honor and serve true royalty.

Rabbi Avi Weiss

On Rosh Hashanah we are taught that true self-analysis involves the breaking down of walls

PTI-092614-Shofar

When we hear the words “Rosh Hashana is coming” it really means Hashem Himself is coming!

Who am I? What are the most important things in my life? What do I want to be remembered for? If, as a purely hypothetical exercise, I were to imagine reading my own obituary, what would I want it to say? These are the questions Rosh Hashanah urges us to ask ourselves. As we pray […]

We recently marked the thirteenth anniversary of 9/11 – that terrible day when the symbols of man’s power and achievement crumbled before our eyes and disappeared in fire and smoke. For a very brief moment we lost our smugness. Our confidence was shaken. Many of us actually searched our ways. Some of us even learned […]

Why am I getting so agitated? And look how we’re treating each other!

While women are exempt from actually learning Torah, they are obligated in a different aspect of the mitzvah.

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

We must eat, sleep, work, and care for our dependants. How much time is left over after all that?

Once we recognize that our separation from God is our fault, how do we repair it?

Chatzitzah And Its Applications
‘Greater Stringency Applies To Hallowed Things…’
(Chagiga 20b-21a)

To choose life, you must examine your actions in the period preceding the Days of Awe as an unbiased stranger, and render your decision.

Rabbi Dayan took a challah and some cooked eggs. He then called over his 15-year-old son, Aharon. “Could you please ask your friend Chaim from next door to come over and help me with the eruv tavshilin?”

This world has its purpose; it has been ideally fashioned to allow man to grow.

More Articles from Raphael Grunfeld
Grunfeld-Raphael-logo

We must eat, sleep, work, and care for our dependants. How much time is left over after all that?

Grunfeld-Raphael-logo

If mourning is incompatible with Yom Tov, why is it not incompatible with Shabbat?

On Chol HaMoed some work is prohibited and some is permitted. According to some opinions, the work prohibition is biblical; according to others, it’s rabbinical.

Based on the opinion of the Ramban, the Territorial School believes that leaving any territory of the Land of Israel in the possession of non-Jews is a violation of a biblical mandate.

To properly fulfill the mitzvah of listening to the megillah, each word must be heard.

If the only person available to perform the milah on the eighth day is a person who is not an observant Jew, the milah should be postponed until a devout mohel is available.

The kohen gadol may not enter the Temple unless his hair is cut every seven days.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/whos-watching-anyway-meilah-2b-9a/2012/03/22/

Scan this QR code to visit this page online: