Siman - Pesachim Daf 26
- Benefiting from the shade of the Heichal walls
In the second version of the machlokes between Abaye and Rava brought on Daf 25b, Abaye said that Rebbe Yehudah who holds, דבר שאינו מתכוין אסור - something that one does not intend is forbidden, would permit a case which was דלא אפשר וקא מכוין – that was unavoidable but one intends to enjoy it. On this Daf, Abaye brings a Baraisa to support his position, that states that Rabban Yochanan ben Zakkai, היה יושב בצילו של היכל ודורש כל היום – would sit in the shadow of the Heichal and expound Torah to the masses the entire day. This was a case where it was not feasible to choose another location that would avoid the forbidden benefit of the shade, since there was no other space that could accommodate them, and yet it was permitted. Rava answered that benefiting from the shadow cast by the Heichal is different, דלתוכו עשוי – because the Heichal is made primarily as protection for what is inside of it. Therefore, the shade it provides to what is outside of it is deemed an unusual form of benefit and therefore it is permitted.
- קול מראה וריח אין בהם משום מעילה
It was said in the name of Bar Kappara, קול מראה וריח אין בהם משום מעילה – Sound, appearance and aroma are not subject to me’ilah. The Gemara questions whether in fact aroma is not subject to me’ilah, based on a Baraisa that states, המפטם את הקטורת להתלמד בה – One who compounded the ketores in order to become well versed in how to do it, או למוסרה לציבור – or in order to donate it for the public use in the Beis Hamikdash, פטור – is exempt, but if he made it in order to smell it, he is chayav kares, and one who smells the actual incense from the Heichal is patur from kares, אלא שמעל – but he has committed meilah. We see from here that aroma is subject to meilah!
Rav Pappa answered and said that what Bar Kappara means is, קול ומראה אין בהם משום מעילה – The sound of musical instruments and the appearance of the Heichal are not subject to me’ilah, because they have no substance, and the ריח from the incense after its column of smoke rises is not subject to me’ilah הואיל ונעשית מצותו – since its required procedure has been done. Rashi explains that me’ilah only applies to קדשי ה' – the holies of Hashem, and once the mitzvah has been done and the smoke rises, the aroma is no longer considered קדשי ה'.
- Machlokes about a new oven fired up with a forbidden substance
The Gemara notes a contradiction between two Baraisos. The first one states that if one fired an oven with forbidden substances, such as קלפי ערלה - peels of Orlah fruits,חדש יותץ – if the oven was new, it must be shattered. Rashi explains that the first firing effects the oven’s completion through hardening. This is in turn means that any future firing contains the benefit of the forbidden substance. ישן יוצן- If the oven is old, it must be allowed to cool down before being used again. The second Baraisa states that both new and old ovens only require cooling down.
The Gemara resolves the contradiction by saying that the first Baraisa that requires destroying the new oven, is going according to Rebbe Eliezer who holds,אסור זה וזה גורם – the joint product of forbidden and permitted causes is forbidden. The forbidden cause is the initial forbidden Orlah peels contained in the oven, and the permitted cause is the subsequent permitted wood. The second Baraisa reflects the opinion of the Rabbanon who holdמותר זה וזה גורם, the joint product of forbidden and permitted causes is permitted.
