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Meilah 3:6-7

Meilah 3:6

Things that are suitable for the altar but not for Temple upkeep, for Temple upkeep but not for the altar, and neither for the altar nor for Temple upkeep are all subject to the laws of misappropriation, as follows: if a person consecrated a well of water, piles of manure, a coop of pigeons, a tree full of fruit or a field full of herbs, both they and their contents are subject to misappropriation. If one consecrated a well that was later filled with water, piles that were later filled with manure, a coop that was later filled with pigeons, a tree that later bore fruit or a field that later grew herbs, then they are subject to misappropriation but their contents are not; this is the opinion of Rabbi Yehuda. Rabbi Shimon says that if a person consecrated a field or a tree, then both they and their subsequent produce are subject to misappropriation because the produce is produce of consecrated property. The offspring of tithed animals may not suck from them, though some people tithe their animals conditionally (i.e., that the young may suck from them by stipulating that the animal’s milk is not consecrated). The offspring of consecrated animals may not suck from them. Those who work with consecrated figs may not eat from them, nor may a cow threshing consecrated fodder eat from it.

Meilah 3:7

If the roots of a privately-owned tree extend onto consecrated property, or if the roots of a consecrated tree extend onto private property, one may not benefit from them but they are not subject to misappropriation. One may not derive benefit from spring water that passes through a consecrated field but it is not subject to misappropriation; once it flows outside the consecrated property, one may benefit from it. One may not derive benefit from the water in the gold jug (for the water libations on Succos) but it is not subject to misappropriation; once it has been poured into the flask (from which it’s poured onto the altar), it is subject to misappropriation. One may not derive benefit from the willow branch (leaned against the altar on Succos) but it is not subject to misappropriation. Rabbi Elazar ben Tzadok says that the elderly used to use this willow with their lulavs.

Author: Rabbi Jack Abramowitz