Meilah 19 – How Misappropriations Do Not Combine

If one benefited from an article belonging to the Temple in the amount of half a perutah (small coin), and also deteriorated it for half a perutah (for example, he wore a garment for a short time and also tore it while wearing), he has not committed misappropriations. Also, if he used one article but caused deterioration in another – he is still not liable, since both the amount of benefit and of deterioration must be at least a perutah.

Misappropriation cannot be committed twice. For example, if one used a Temple's ax, it became deconsecrated through his action. Now if he or someone else uses it again, they do not commit misappropriation. The exception to this rule are sacrificial animals and Temple vessels: since they cannot be redeemed, they cannot be deconsecrated either, and if people rode on a sacrificial animal one after another, they have all committed misappropriation.

Rabbi Yehudah the Prince states a rule: whatever cannot be redeemed is subject to misappropriation after misappropriation. But that is the same as the first teacher!? – Rabbi Yehudah refers to his own opinion that we saw a while back, that if one donates wooden blocks, they are viewed as a sacrifice, and other blocks of wood are needed to burn these ones. Accordingly, donated wood cannot be redeemed, and one who uses it commits misappropriation.

Art: Blaise Alexandre Desgoffe - Still Life with Gold Box

Meilah 18 – Does One Have To Ruin The Temple Property?

The remaining combinations that the Talmud discusses include pieces of sacrifices brought with wrong intentions, and those left over, meat of reptiles and animals killed without slaughter, items with different levels of ritual impurity, items carried on Shabbat, and foods eaten on Yom Kippur; sometimes they combine, and sometimes they don't.

One commits misappropriation of Temple property as soon as he uses it, even if the item itself did not loose anything because of it, and did not suffer deterioration – this is the opinion of Rabbi Akiva. However, the Sages make this distinction: if an item does not deteriorate, like a golden vessel, then one commits misappropriation once he uses and derives some benefit, worth at least perutah (small coin). If it does deteriorate, then one is liable if he used up some of it (like a garment), in the amount of a perutah. Actually, Rabbi Akiva only disagrees with the Sages about items that can deteriorate but are normally kept very carefully, such as very expensive garments of fine material, or the middle garments.

What is the source for the requirement of using up some of the item? Misappropriation is compared to terumah, kohen's portion, and just as with terumah, one needs to eat and reduce it, to be liable, so too with misappropriation.

Art: Willem Kalf - Still Life with Chafing Dish, Pewter, Gold, Silver, and Glassware

Meilah 17 – How Reptiles Meats Combine

There are eight reptiles that transmit ritual impurity. Their blood and meat combine to form the volume of a lentil, and if one eats this volume, he transgresses a full prohibition. They combine to transmit impurity in the same way.

Rabbi Yehoshua stated a general rule: all items that transmits impurity in the same amount (for example, blood and meat of reptiles), and make one impure for the same length of time (one day, until nightfall, in our case), combine. However, if they transmit impurity in different amounts (for example, flesh of a dead human transmits impurity when there is an olive volume of it), or for a different length of time (impurity of a dead human body lasts for seven days) – these items do not combine with one another.

Art: Dirk Valkenburg - Still Life of Fruits from Surinam and Reptiles

Meilah 16 – How Prohibited Foods Combine

All five foods called “terumah” - “first portion” combine to create a prohibition. That is, if one ate small amounts of them, but together it was an olive volume, he is liable. The foods are terumah of the Kohen, terumah that the Levi gives to a Kohen, doubtful terumah (also called “demai”, “what is it?”), terumah of the dough (called “challah”), and first fruit – the last two, because they have an additional name of “terumah.”

All of the “nevelah” meats (animals that were not properly slaughtered) combine with one another, and so do all creeping creatures. In commenting on that, Rav said that "nevelah" meat of kosher and non-kosher animals do not combine for the prohibition of eating, because they are prohibited by different phrases in the Torah, and because one prohibition cannot be superimposed on the previous one. In our cases, a non-kosher animal is already prohibited, and it cannot become more prohibited as “nevelah” - not slaughtered.

However, Levi said that they do combine anyway. In principle, Levi agrees that prohibition don't get superimposed, but nevelah is an exception, because of an extra prohibition for it in the Torah.

Art: Jacob Foppens Van S - Still Life With Oysters

Meilah 15 – How Misappropriations Combine

Items consecrated to be brought on the Altar combine with one another for misappropriation. For example, if one ate half an olive volume of meat of an animal sacrifice, and another half an olive volume from another, he committed misappropriation, because he ate an olive volume of Temple's property. Additionally, if those half-olive volumes were of sacrifices left beyond permitted time, and he ate the total volume of an olive, he is liable to be cut off from his spiritual source. Two half-olive volumes of something fit for Temple treasury but not for the Altar also combine. Finally, even meat of a sacrifice and meat consecrated to the Treasury, also combine with one another for prohibition.

Actually, the last rule is the biggest unexpected teaching of them all, and it should be sufficient to teach just that, and we would deduce the rest. However, the first part of the rule mentions meat left over, which is specific to sacrifices, and thus had to be taught separately.

The five different components of burned offering: meat, forbidden fat, flour, wine, and oil – all combine with one another for form a complete olive volume for  misappropriation. The six components of a thanksgiving offering – the five above plus loaves – also combine.

Art: Italian School - A Still Life Of A Lemon And Seeds, A Terracotta Jar, A Plate

Meilah 14 – A Bird Nest Atop A Tree

A bird nest atop a tree consecrated to the Temple should not be used, by the decree of the Sages, but there is not prohibition of misappropriation. Even if we assume that it was built from the twigs that grew after consecration, they may be prohibited, but not with the serious misappropriation laws. If that nest was on top of a tree planted for worship, he should knock it down with a stick, then take it.

Rabbi Yochanan and Resh Lakish were discussing a different subject, and in doing so elucidated our ruling. If an idol broke on its own, is it permitted for use? Rabbi Yochanan said that no, because only an idol worshiper can nullify an idol. However, Resh Lakish said that yes, because the idol worshiper reasons as follows, “This idol could not save itself, how can it save me?!” - and nullifies it in his heart.

Resh Lakish then asked Rabbi Yochanan, “The nest on top of a worshiped tree was made of twigs broken off by birds, so it is the same as an idol that broke on its own, and it is nevertheless permitted!” Rabbi Yochanan replied though that the birds brought the twigs from elsewhere.

Art: Neville Henry Peniston Cayley - Kookaburras Feeding at a Nest in a Tree

Meilah 13 – Eggs And Milk

Milks of sacrificial animals, and eggs of turtledoves – there is not misappropriation for them: since they are not fit for the Altar, they are not considered as “holies of God.” However, the Sages decreed not to use them. That is true for actual sacrifices, but something consecrated to the Temple's treasury, which cannot be brought on the Altar itself – like chicken or she-donkey – their eggs and milk are subject to misappropriation prohibition.

The offspring of the tithe animal may not be allowed to suckle from its mothers – because the mother is a sacrifices; therefore, others would donate milk for it. The same was true for any consecrated animal. Workers may not eat of the dried figs of the Temple with which they work. Even though normally it is their right to eat fruit while harvesting, and the owner violates a mitzvah if he stops them, it does not apply to the Temple, since the Torah said, “The harvest of your fellow,” not of Temple. Similarly, a cow may not eat what it is threshing for the Temple, but must be muzzled.

Art: Winslow Homer - Fresh Eggs