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PESACHIM 26 (Tisha b'Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740.


1. There is a dispute about the law in the case of a forbidden item which one cannot avoid benefiting from, but he has intention to benefit from it.
2. Me'ilah does not apply to sounds, sights, and smells of Hekdesh items.
3. Generally, after the Mitzvah is performed with a Hekdesh item, the prohibition of Me'ilah no longer applies.
4. The Gemara discusses some exceptions to this rule (#3).
5. The Gemara concludes that Rava does not argue that in a case where it is possible to avoid benefiting from the forbidden item and the person does not intend to benefit, he is permitted to benefit from it.


1. Abaye permits this form of benefit. He cites proof from the fact that Raban Yochanan ben Zakai used to sit in the shade of the Heichal (which is forbidden for mundane benefit) when he taught Torah. Rava says that this form of benefit is generally forbidden, and that Raban Yochanan ben Zakai was not using the Heichal improperly since the walls are made for the inside of the building (and therefore it is not forbidden to benefit from the shade outside the walls).
2. According to Rava, however, benefitting from Hekdesh in these ways is still forbidden, even though these forms of benefit are not the classic form of Me'ilah.
3. For example, after the pillar of smoke has risen from the Ketores (incense) in the Beis ha'Mikdash, one who smells it does not transgress Me'ilah.
4. Everyone agrees that one may not benefit from the ashes that are taken away from the Mizbe'ach (Terumas ha'Deshen). Some say that one may not benefit from the garments worn by the Kohen Gadol during the Avodah on Yom Kippur, and that one may not benefit from the Eglah Arufah after it is killed.
5. Since a Beraisa says that this is permitted, the first version of Rava (25b) was clearly incorrect. The second version states that everyone agrees that this case is subject to the dispute between Rebbi Yehudah and Rebbi Shimon (regarding whether Davar she'Eino Miskaven is permitted).

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