Meilah and Parts that left the Azarah

Meilah (1:3) | Yisrael Bankier | a year ago

The prohibition of meilah relates to the gaining benefit from something that is kodesh or belongs to hekdesh. We learn that there is a difference between the two categories of korbanot with respect to the prohibition of meilah. For kodshei kadashim (e.g. chatat, asham), the prohibition applies to the entire animal from the moment it is designated as a korban. After the blood from the korban has been thrown on the mizbeach (zerikat ha'dam) the prohibition remains on the sacrificial parts but is lifted from those parts that are given to the kohanim. For kadashim kalim however (e.g. shlamim), the prohibition of meilah only begins after zerikat ha'dam and only applies to the sacrificial parts.

The Mishnah (1:2) records a debate regarding the meat from a korban that was kodshei kadashim that was taken out of the azarah (Temple courtyard) prior to zerikat ha'dam. R' Eliezer maintains that the prohibition of meilah continues, while R' Akiva disagrees. Note that if the meat from kodshei kadashim is taken out of the azarah it is invalid. The Bartenura explains that R' Akiva however maintains that the zerikah can even effect that meat that has left the azarah.

Both positions are consistent with respect to kadashim kalim. If the sacrificial parts were removed prior to zerikah, then according to R' Eliezer the prohibition of meilah would not begin while R' Akiva disagrees.

The Gemara (6b) explains that R' Akiva only maintains that zerika affects that which is outside as long as some remained inside. In other words, since the zerika can have an effect on some of the korban that remained inside, it can affect that which is outside as well. This logic is referred to as migo (literally "since"). If however all of the korban was outside, then R' Akiva would agree with R' Eliezer.

The Tosfot Yom Tov reasons that the logic of the Gemara should apply equally to the case of koshei kadashim as well as kadashim kalim. In other words, according to R' Akiva, for meilah to begin for the eimorim of kadashim kalim, some must have remained inside the azarah. The Tosfot Yom Tov however notes that the Rambam rules that even if all the eimorim were taken outside, the prohibition of meilah would begin after zerikat ha'dam for those eimorim. Why is the case of kadashim kalim different?

The Tosfot Yom Tov suggests that the Rambam understands the since in the case of kadashim kalim it results in a stringency (the prohibition begins) the migo is not required, the zerika can still affect the eimorim outside.

The Chidushei Mahariach however explains that the Rambam is consistent with the position of R' Yochanan in Gemara Zevachim (90) that even if the eimorim of kadashim kalim were taken outside the azarah prior to zerikat ha'dam they would still be valid. That is because prior to that point they are still defined as kadashim kalim (and not eimorim). This then explains the Rambam, that since prior to zerika they are still valid, the zrikah has what to impact. For kodshei kadashim, any meat that leaves the azarah even prior to zerika is invalid. Consequently, some meat must remain in the azarah for the migo to work.

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