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@YisroelKatz posted on Tue Jan 17, 291 days ago

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בס"ד
BUT WE LEARNED IN A MISHNAH - IF [THE TEMPLE TREASURER] TOOK A STONE OR A BEAM FROM THE TEMPLE TREASURY, HE DID NOT MISAPPROPRIATE THE CONSECRATED OBJECT WHEN HE LIFTED IT. BUT IF HE SUBSEQUENTLY GAVE [THE OBJECT] TO HIS FELLOW, HE THEN MISAPPROPRIATED IT AND HIS FELLOW DID NOT MISAPPROPRIATE IT. IF, ON THE OTHER HAND, [THE TREASURER] BUILT [THE STONE OR BEAM] INTO HIS HOUSE, HE IS NOT MISAPPROPRIATING IT UNTIL HE DWELLS BENEATH IT AND DERIVES BENEFIT EQUALING THE VALUE OF A PERUTAH. \r\nוהתנן נטל אבן או קורה מהקדש לא מעל נתנה לחבירו הוא מעל וחבירו לא מעל בנאה בתוך ביתו לא מעל עד שידור תחתיה בשוה פרוטה \r\nME\'ILAH (MISAPPROPRIATING CONSECRATED PROPERTY) CAN BE COMMITTED IN ONE OF TWO WAYS - (1) BY REMOVING THE PROPERTY FROM HEKDESH\'S DOMAIN (2) BY DERIVING A BENEFIT WORTH A פרוטה PERUTAH FROM THE PROPERTY. BY MERELY LIFTING THE STONE OR BEAM, THE TEMPLE TREASURER DOES NEITHER OF THE ABOVE. THAT IS, HIS הגבהה HAGBAHAH (LIFTING, WHICH IS AN ACT OF ACQUISITION) DOES NOT REMOVE THE OBJECT FROM HEKDESH\'S DOMAIN, FOR THE SACRED OBJECT WAS ENTRUSTED TO THE TREASURER\'S CARE AND THE TREASURER\'S HAND IS THUS CONSIDERED AN EXTENSION OF HEKDESH\'S DOMAIN \r\n(RITVA רש\"י RASHI) \r\nSINCE THE OTHER PARTY IS ACQUIRING THE GIFT OF THE BEAM OR STONE, THE TREASURER HAS EFFECTIVELY REMOVED IT FROM HEKDESH\'S DOMAIN, THEREBY MISAPPROPRIATING IT. HE MUST THEREFORE PAY RESTITUTION TO HEKDESH \r\n(RASHI רש\"י)\r\nACCORDING TO THE GEMARA (CHAGIGAH 10), THE MISHNAH SPEAKS OF WHERE THE TREASURER PLACED THE BEAM OR STONE OVER AN APERTURE IN THE ROOF OF HIS HOUSE. SINCE HE DID NOT PHYSICALLY ALTER THE OBJECT, WHICH WOULD HAVE REMOVED IT FROM HEKDESH\'S DOMAIN, OR DERIVE BENEFIT FROM IT YET, HE DID NOT COMMIT AN ACT OF ME\'ILAH (RITVA רש\"י RASHI). \r\nTOSAFOS TO BAVA KAMMA 20 ד\"ה והוא AND GIDULEI SHUMEL HERE. \r\nSO THAT THE STONE OR BEAM SHELTERS HIM FROM THE SUN OR THE RAIN. \r\nTHE MISHNAH TAUGHT THAT ONCE THE TEMPLE TREASURER DERIVES A BENEFIT OF SHELTER FROM THE CONSECRATED STONE OR BEAM, HE HAS COMMITTED ME\'ILAH AND IS OBLIGATED TO COMPENSATE HEKDESH. THIS IS SO EVEN THOUGH HEKDESH SUFFERS NO FINANCIAL LOSS, SINCE THE TREASURER DID NOT PHYSICALLY ALTER THE SACRED OBJECT. \r\nBAVA METZIA 99\r\nבבא מציעא צט

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