1)

WOOD THAT CAME FROM A FORBIDDEN TREE

(a)

(Gemara - R. Yochanan): If an idol broke by itself, it is forbidden;

(b)

(Reish Lakish): It is permitted.

1.

R. Yochanan forbids, for the owner was not Mevatel it (cease to consider it a deity);

2.

Reish Lakish permits, for surely he was Mevatel it. He sees that it could not save itself, so all the more so it cannot save him!

(c)

Question (Reish Lakish - Mishnah): If a nest is in a Hekdesh tree, one may not benefit from it. Me'ilah does not apply to it;

1.

If it is in an Asheirah, one knocks it down with a stick.

2.

Suggestion: The bird broke wood from the tree to make its nest. The nest is permitted (due to Bitul)!

(d)

Answer #1: The case is, the bird took wood of other trees.

(e)

Version #1 (our text, Tosfos) Objection: When it is in a Hekdesh tree, the Mishnah forbids benefit and exempts from Me'ilah. If the wood came from other trees, the nest should be permitted!

(f)

Answer #2: The nest was made from the tree itself, from what grew after the tree was Hukdash. The Tana exempts Gidulei Hekdesh from Me'ilah.

(g)

Support: (If the nest is from the tree itself, we understand why Chachamim decreed not to take it in his hand. Since it resembles the tree, he might take wood of the tree itself. However,) if the wood came from other trees, why must he knock it down with a stick? He should be allowed to take it in his hand!

(h)

Defense of Answer #1 (R. Avahu citing R. Yochanan): Really, the wood is from other trees;

(i)

Version #2 (Rashi) Support: If the wood is from other trees, we understand why Me'ilah does not apply, and why one may not benefit from it (this is a decree mid'Rabanan);

1.

If it is from the tree itself, Me'ilah should apply!

(j)

Rejection: Really, it is from the tree itself, from what grew after it was Hukdash. The Tana exempts Gidulei Hekdesh from Me'ilah. (Bach - this is difficult for R. Yochanan, for in the corresponding case of Asheirah, the nest is permitted!)

(k)

Answer #2: (Indeed, the nest is from the tree itself. It is forbidden.) (end of Version #2)

1.

The Mishnah means, one knocks the chicks down with a stick, and he may benefit from them. (He may not climb on the tree, for then he would benefit from it.)

2.

(R. Yakov): Whether the nest was in a Hekdesh tree or Asheirah, the chicks are permitted. In either case, the eggs are forbidden (like the tree, since they need the tree).

3.

(Rav Ashi): Chicks that need their mother (because they cannot fly) are like eggs. They are forbidden.

2)

WHEN ARE WE MEKADESH BUILDINGS OF BEDEK HA'BAYIS?

(a)

(Mishnah): If a Gizbar (treasurer of Hekdesh) acquired wood (for Bedek ha'Bayis), Me'ilah applies to the wood itself, but not to shavings (or sawdust) or leaves (because he acquires only what Hekdesh needs).

(b)

(Gemara - Shmuel): During the building, it is Chulin. Afterwards, we are Makdish it.

(c)

Question: What is the reason?

(d)

Answer: One who donates to Bedek ha'Bayis is Makdish the money immediately (if the Binyan (edifice) was Kodesh during the building, it would be impossible to be Mechalel (transfer) the money on it later);

1.

After the building is finished, we are Mechalel the money (transfer its Kedushah) onto the Binyan and give it to the craftsmen (who built it).

14b----------------------------------------14b

(e)

Question (Beraisa) Question: What is done with leftover Ketores? (We make a batch of 368 Manos of Ketores at once, slightly more than is used in an average year. The leftover cannot be used as is for the next year, for all Korbanos Tzibur must be bought with the new Shekalim of that year.)

1.

Answer: Money (of Bedek ha'Bayis) was separated to be given to craftsmen (for Bedek ha'Bayis) for their wages. They would be Mechalel the Kedushah of the extra Ketores on the money and pay the craftsmen with Ketores;

2.

They would then buy back the Ketores with money from the new collection.

3.

Summation of question: According to Shmuel, they could have been Mechalel the Ketores on a building that is still Chulin!

(f)

Answer #1: The case is, there is no such building.

(g)

Objection: The Beraisa discusses money owed to craftsmen, surely there was a building! (Yefeh Einayim - our Gemara holds that "craftsmen" connotes builders, not workers who make Ketores or Lechem ha'Panim.)

(h)

Answer #2: The value of the Binyan is less than that of the Ketores.

(i)

Question: Shmuel taught that if Hekdesh of any value was redeemed onto a Perutah, the Hekdesh becomes Chulin!

(j)

Answer: Shmuel's law is b'Di'evad, one may not do so l'Chatchilah!

(k)

Answer #3 (Rav Papa): The reason we build with Chulin is because people are imperfect. Workers might (Tosfos - forget, and; Rashi - need to) lie on the materials; if they were Hekdesh, there would be Me'ilah!

(l)

(Mishnah): If a Gizbar acquired wood, Me'ilah applies to the wood itself, but not to shavings (or sawdust) or leaves.

(m)

Question: Why does Me'ilah apply? The materials should be Chulin, lest workers lie (on the materials) and transgress Me'ilah!

(n)

Answer (Rav Papa): Indeed, if the wood was acquired to be built later, it would be Chulin;

1.

The Mishnah refers to wood acquired to be built that day. (It is Hukdash, for workers can avoid lying on it for a day.)

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