Gemara Clarity

Me’ilah 20a

מעילה כ׳ ע״א

Meilah 20a

Learn Me’ilah 20a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Me’ilah 20a in Gemara Clarity

Topic

Liability for מעילה when taking, giving or building with הקדש; whether built structures count as attached; and the opening of the new פרק on a שליח and מעילה

Overview

This amud finishes a משנה about מעילה, which means using הקדש (Temple) property for personal benefit. The משנה teaches that someone who takes a stone, a beam or a פרוטה of הקדש is not yet liable. He becomes liable once he gives it to a friend, builds it into his house and lives under it, or pays a bathhouse attendant with it. It also teaches that eating and benefit by two people combine to reach a פרוטה. The גמרא explains that the first case is about a גזבר (Temple treasurer), who is supposed to hold these items. רב explains that the building case is about a stone simply laid over a window, with no change made to it. The גמרא then tries twice to prove רב's view that a building made from loose materials still counts as detached. Both proofs are rejected: one with the rule of visible benefit, and one by ריש לקיש, who says the ברייתא is about materials that became הקדש before they were built. After explaining why the ברייתא used a cave as its example, the פרק ends. A new פרק opens with the rule that a שליח who follows his instructions makes the sender liable for מעילה, along with examples.

Opening lines

נְתָנָהּ לַחֲבֵרוֹ –

If he gave it to his fellow,

הוּא מָעַל, וַחֲבֵרוֹ לֹא מָעַל.

he has committed misuse, and his fellow has not committed misuse.

בְּנָאָהּ בְּתוֹךְ בֵּיתוֹ –

If he built it into his house,

הֲרֵי זֶה לֹא מָעַל,

he has not committed misuse,

The steps (17)

  1. StatementGiving a הקדש stone or beam to a friend, or building it into a house
  2. StatementTaking a פרוטה of הקדש and giving it away or paying a bathhouse attendant
  3. StatementEating and benefit by two people combine to a פרוטה
  4. ChallengeWhy does giving the item away change the outcome?
  5. Resolutionשמואל: the case is a Temple treasurer
  6. ChallengeWhy wait until he lives under it?
  7. ResolutionHe just laid it over a window opening
  8. ProofDoes this support רב on bowing to a house?
  9. RejectionThe Torah forbids benefit you can see
  10. ProofA second proof: living in a הקדש house
  11. RejectionThere, it was made הקדש before it was built
  12. ChallengeWhy Mention a Cave Instead of a Built House?
  13. ResolutionThe Cave Is Clear-Cut, the House Is Not
  14. ConclusionHadran — Closing the Chapter of הנהנה
  15. StatementWho Is Liable When a Messenger Uses הקדש
  16. StatementExample: The agent swaps meat and liver
  17. StatementOne piece, take two, they took three: everyone is liable