Me'ila 19: Which is the Primary Element of Me’ila, Benefit or Damages?

A new Mishna teaches us more about whether the main element in me'ila is the fact that one is forbidden to derive benefit from a consecrated object or whether one is forbidden from damaging a consecrated object.  The Mishna says that

• if one derives benefit equal to a half peruta from a consecrated item and/or causes one half peruta of damage to that item
• or if one derives benefit equal to the value of a peruta from a consecrated item that has the potential to be damaged, and one caused one peruta of damage to another consecrated item but derived no benefit from it

one is not liable for misuse.  This is because the law applies when one benefits by at least one peruta and causes at least one peruta of damage to the same item.

Thus we learn a basic principle of me'ila: one is not liable for deriving forbidden benefit from a consecrated object unless one both causes at least a Peruta's damage and one derives at least a peruta of forbidden benefit.  The rishonim discuss whether benefit or damage is the primary element of me'ila laws.  This determination helps us understanding how much will be paid to the Temple in the case of me'ila.  Our Gemara shares a number of opinions:

• Rashi says that the damage done is primary and so that defines the amount that one owes the Temple
• The Rambam says that benefit is primary, and thus one must pay the amount by which one benefited
• Tosafot say that me'ila is a combination of these two elements and thus one is obliged to pay whichever is greater, the benefit or the damage