[79a - 38 lines; 79b - 22 lines]

1)[line 1]NIPU'ACH- fanning

2)[line 2] SHE'TAD'IV NISHMASAN- until their souls suffer

3)[line 4]PORESH- who separates himself

4)[line 5]" , ""V'NASATI ES PANAI BA'HEM MEHA'ESH YATZA'U VEHA'ESH TOCHLEM"- "And I will set My wrath upon them, from the fire (i.e. the Torah) they left, and the fire (of Gehinom) will consume them." (Yechezkel 15:7)

5)[line 8]" , ""ADAM TO'EH MI'DERECH HASKEL, BIKHAL REFA'IM YANU'ACH"- "A person who strays from the way of wisdom (i.e. the Torah), in the congregation of Refa'im (i.e. Gehinom) he will rest." (Mishlei 21:16)

6)[line 9]" , ""V'LO YADA KI REFA'IM SHAM, B'IMKEI SHE'OL KERU'EHAH"- "And he does not know that the Refa'im are there, in the depths of purgatory are those who are destined for it." (Mishlei 9:18)


(a)The laws of Me'ilah (see next entry) apply to three different types of Hekdesh: 1. objects (animals, such as cows, sheep, goats, and items such as wine and oil) that are sanctified to be brought as Korbanos ("Kodshei Mizbe'ach"); 2. objects (such as gold, silver, and gems) that are sanctified to be used for the structure of the Beis ha'Mikdash ("Kodshei Bedek ha'Bayis"); 3. objects sanctified for their value, such that they must be sold and the money given to Hekdesh.

(b)One who sanctifies an object which is fit to be brought upon the Mizbe'ach for a different purpose, such as for Bedek ha'Bayis, transgresses a Mitzvas Aseh (RASHBAM).

8)[line 14] MO'ALIN BAHEN - a person transgresses Me'ilah if he uses them (ME'ILAH)

(a)It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, " ... " "Lo Suchal le'Echol bi'She'arecha... v'Chol Nedarecha Asher Tidor" - "You may not eat in your settlements... and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.

(b)If someone benefited from Hekdesh intentionally, he receives Malkos and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.

(c)If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, or a quarter of the original value). This is true of any object that has Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).

9)[line 16] ILAN NASUY PEIROS- a tree laden with fruit

10)[line 29] LI'DEVARAV D'REBBI YEHUDAH KA'AMAR- Rebbi Yosi's statement is said only as a response to Rebbi Yehudah's own opinion. That is, Rebbi Yosi himself argues with Rebbi Yehudah not only in the case of one who is Makdish a Sadeh or Ilan which later produces fruit, but also in the case of one who is Makdish a Bor or Shovach which later becomes filled. He is saying that Rebbi Yehudah should at least agree to him in the case of a Sadeh or Ilan, since the things that grow from them are growing from actual Hekdesh.

11)[last line] REBBI ELAZAR B'REBBI SHIMON MACHLIF- Rebbi Elazar, the son of Rebbi Shimon, switches his opinion in this case. In the case of one who sells an empty Bor or a dovecote with no doves, Rebbi Elazar says that one can transgress Me'ilah with respect to the water or the doves that will eventually enter into them. In contrast, in the case of one who sells a Bor full of water, or a dovecote full of doves, Rebbi Elazar switches his opinion and says that one does not transgress Me'ilah, for the reason that the Gemara will explain.



There is a Machlokes Tana'im as to whether "Adam Makneh Davar she'Lo Ba l'Olam" - "a person can acquire a thing that has not yet emerged into the world," or not (Kedushin 63a). Some examples of things that have not yet emerged into the world are the fruits that will grow on a tree or the goods to be produced by one's wife. Here, the water that will fill up a Bor or the doves that will populate a dovecote, are a "Davar she'Lo Ba la'Olam," since the water or doves have not yet entered into the repository along with which they are being sold.

13)[line 10] PEIROS DEKEL- the fruits of a date-palm

14)[line 10] D'AVIDEI D'ASU- they regularly come

15)[line 15] DANIN DIN GAVO'A MID'IN HEDYOT- we learn the laws of [items given to] Hekdesh from the laws of [items given to] a private person

16)[line 21] YECHIDA'AH HI- it is a lone opinion