Saturday, 5 October 2019

Me'ila 18: How to Valuate Consecrated Items for the Sake of Determining Misuse

In yesterday's daf (Me’ila:17), we learned about a demon that helped the rabbis defeat a Roman decree against Jewish practice by possessing the Emperor's daughter.  Today we begin the fifth perek of Me'ila where we focus on a basic premise of this massechet:

  • is me'ila teaching us about the forbidden benefit derived when one uses a consecrated object, or are we concerned about damage done to that object?
  • when the object is taken from the Temple and brought to the ordinary world, how might that define whether or not me'ila has taken place?
Our first mishna teaches us what Rabbi Akiva says: as long as one derives benefit from a consecrated item worth a peruta or more, one is liable for its misuse whether or not it is damaged.  The Sages disagree, saying that any consecrated item that might be damaged does not create liability unless its owner causes at least one peruta of damage.  If the item cannot be damaged, one is liable for its misuse after one has derived benefit from it.  

The example in our Mishna concerns a consecrated necklace around a woman's neck or a ring on her finger, or drinking from a consecrated cup.  They are not damaged through their use, but they are liable for misuse once one has derived benefit from them worth at least one peruta.  Wearing a consecrated robe/ garment, or chopping wood with a consecrated ax does not create liability for misuse until one causes them one peruta of damage.  

How do we determine one Peruta's worth of value?  We ask how much a person would be willing to pay their friend for borrowing that object to wear or use at a public function like a wedding party.  Even though some items do not lose their value through their use, others might lessen in value when they are used (clothing, an ax).

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