Commentary for Meilah 4:8

קדשי המזבח מצטרפים זה עם זה למעילה – if he benefitted from two kinds of Holy Things of the altar at the equivalent of a penny, he has committed religious sacrilege/misappropriation. But they combine also up to an olive’s bulk because of eating from sacrileges offered with the inappropriate intention or remnants or something impure, or to make one liable above an olive’s bulk outside the Temple courtyard.

Introduction This chapter deals with when things join together to create the minimum amount necessary for a violation to have been committed or an obligation to be fulfilled. We begin with the issue of sacrilege, but the following mishnayot proceed to other subjects.

קדשי בדק הבית מצטרפין זה עם זה – for religious sacrilege. But there is no inappropriate intention or remnant with them.

Things dedicated for the altar combine with one another with regard to the law of sacrilege, and to render one liable over them [for the laws of] piggul, notar and defilement. To be liable for sacrilege one must derive a perutah’s worth of benefit from sacred property. If one derives benefit from several different things dedicated to the altar, and separately each is not worth a perutah, but together they are, he is liable for sacrilege. They also join together to cause one to be liable for piggul (sacrifices offered with improper intent), notar (remnant) and the prohibition against eating defiled holy things.

Things dedicated for Temple repair combine with one another. Things dedicated for Temple repair join together only for sacrilege, but not for the other prohibitions, because these prohibitions do not apply to things dedicated for Temple repair (see Temurah 7:1).

קדשי מזבח וקדשי בדק הבית מצטרפים זה עם זה למעילה – but not for another thing, as we have said, that the Holy Things dedicated for the repair of the Temple do not have [the prohibitions] of offerings disqualified by inappropriate intention and remnant and ritual impurity.

Things dedicated for the altar combine with things dedicated for Temple repair with regard to the law of sacrilege. If one has a mixture of things dedicated for the Temple and things dedicated for Temple repair, they can join together to make one liable for sacrilege, because the law of sacrilege applies to them all. However, they do not join together for the other prohibitions, because these prohibitions don’t apply to things dedicated for Temple repair.

Introduction Today’s mishnah deals with which parts of a sacrifice combine to make one liable for either sacrilege, or piggul, notar or defilement. If a person eats a little of this part and a little of that part, when does he become liable.

חמשה דרים בעולה מצטרפים זה עם זה – to an olive’s bulk, to make one liable because of offering them outside the Temple courtyard, and to make one liable because of offerings disqualified by inappropriate intention, and remnant and [ritual] impurity, and for religious sacrilege if he benefitted from all of them the equivalent of a penny.

Five things in an olah combine with one another: the flesh, the fat, the fine flour, the wine and the oil. The fine flour, the wine and the oil all accompany the olah, the whole-burnt offering. If one eats less than a perutah’s worth of meat, for instance, and less than a perutah’s worth of oil, but together they are worth a perutah, he has committed sacrilege. If he eats them and together they constitute an olive’s worth, and they were piggul, notar or defiled, he has transgressed the prohibition.

והסולת – the meal offering that comes with the burnt offering.

And six in a todah: the flesh, the fat, the fine flour, the wine, the oil and the bread. There is one more element when it comes to the todah that doesn’t exist for the olah the loaves that accompany it. These also join with the other parts of the sacrifice. We should note that since the todah (thanksgiving offering) is a sacrifice of lesser holiness, it is not subject to the laws of sacrilege. The six things join together to make one liable for piggul, notar or defilement.

והיין – for the libations, for the burnt offering requires a meal-offering and libations.

Terumah, terumah of the tithe, terumah of the tithe separated from demai, hallah and first-fruits combine with one another to make up the size required to render other things forbidden and to be liable for the payment of a fifth. The items listed here, which I will explain shortly, join together to render other things forbidden, if enough of them fall into non-sacred things. For instance, if a small amount of terumah oil and a small amount of hallah dough are mixed together and together they constitute a seah then fall into less than 100 seahs of hullin (non-sacred) dough, all of the dough is forbidden to non-priests (see Orlah 2:1). They also join together to make one who eats them unwittingly liable to pay back the principle and an added fifth. One is liable for the added fifth only if he eats an olive’s worth of holy things (see Bava Metzia 4:8). I shall now briefly explain what each is. Terumah: taken from produce and given to the priest. Terumah of tithe: the Levite gives one tenth of his tithe to the priest as terumah. Demai is the tithe separated from produce bought from someone who might not have already tithed it. Terumah is then taken from this demai. Hallah: separated from dough and given to the priest. Bikkurim: first-fruits, also considered to be holy.

וששה בתודה – for the offering of thanksgiving requires bread added to the five things that are associated with the burnt-offering (i.e., meat, fat, fine flour, wine and oil). But all of them combine up to an olive’s bulk for offerings disqualified by inappropriate intention, and remnant and ritual impurity, but not for religious sacrilege, for the thanksgiving offering and the Lesser Holy Things do not have religious sacrilege, as is taught at the end of the first chapter [of Tractate Meilah, Mishnah 4).

התרומה ותרומת מעשר – which is one one-hundredth of unconsecrated produce, and similarly, the tenth of the tenth of Demai/doubtfully tithed produce (see parallel text found in Tractate Orlah, Chapter 2, Mishnah 1).

והחלה – for even it is called Terumah/heave-offering, as it is written (Numbers 15:20): “as the first yield of your baking, you shall set aside a loaf as a gift.”

וביכורים – they are called Terumah/heave-offering, as the Master stated: (Deuteronomy 12:17): “or of your contributions”/"ותרומת ידך" – these are the first fruits, as it is written regarding them (Deuteronomy 26:4): “The priest shall take the basket from your hand [and set it down in from of the altar of the LORD your God].” (see Talmud Meilah 15b and Makkot 17a and parallels)

מצטרפים זה עם זה לאסור – that if [one part of] leaven fell from all of them in order to make leavened bread within the started dough of unconcentrated produce [of ninety-nine parts], it is forbidden.

ולחייב עליהן את החומש – he who eats from all of them inadvertently an olive’s bulk pays the one-fifth [in addition to the principal].

כל הפיגולים – from burnt-offerings, from sin-offerings, and from guilt-offerings and peace-offerings.

All kinds of piggul can combine with one another and all kinds of notar can combine with one another. To remind ourselves, piggul is a sacrifice that was offered with the intent of eating it outside of the time in which it must be eaten. If one eats different types of piggul, for instance part that came from a most holy sacrifice such as a hatat, and part that comes from a less holy sacrifice such as shelamim, he is liable for having eaten piggul, if together they add up to the minimum measure of an olive. Notar is sacrifice that is left over after the time in which it must be eaten. The same thing here if the notar comes from different types of sacrifices, it still joins together to create the minimum measure.

מצטרפים זה עם זה – to consuming from them an olive’s bulk to becoming liable for extirpation. And similarly, all the remnants.

All kinds of carrion can combine with one another. An olive’s worth of carrion causes impurity. All types of carrion join together to convey this impurity, even if half of the measure is from a pure animal and half is from an impure animal.

כל הנבילות מצטרפים – and even the carrion of an unclean animal with the carrion of a pure animal, combine to an olive’s bulk regarding ritual impurity. But not in regard to flogging, for he is not flogged until he consumes an olive’s bulk of the carrion of only a pure animal, or an olive’s bulk from only an impure animal, because they are two categories/denominations, for one who consumes the flesh of an ritually impure animal is not flogged because of carrion other than because of his eating the flesh of an ritually impure animal.

All kinds of sheratzim can combine with one another. There are eight forbidden sheratzim (creepy crawly things) listed in Leviticus 11:29-30 that convey impurity at the minimum measure of a lentil’s worth. They all join together to create the minimal measure.

וכל השרצים מצטרפים זה עם זה – for an olive’s bulk, to make those who consume them liable for flogging, and the eight reptiles that are written in the Torah (Leviticus 11:29-30) combine with each other, to make those who consume them liable for a lentil’s bulk. According to the measure of their ritual impurity, so is the measure of their consumption.

The blood of a sheretz and its flesh can combine with one another. Just as different sheretzim join together, so too does the blood of the sheretz join with its flesh to add up to the minimum measure.

דם השרץ ובשרו מצטרפים – for we extend the scope/include them from Scripture as it is written (Leviticus 11:29): “the following shall be impure for you from among the things that swarm on the earth,” to include he blood of that which swarms that it will defile like its flesh.

A general rule was stated by Rabbi Joshua: all things that are alike both in respect of [duration of] uncleanness and in respect of their minimum measure can combine with one another. Things that are alike in respect [of duration] of uncleanness but not in respect of minimum measure, in respect of minimum measure but not in respect [of duration] of uncleanness, or [if they are alike] neither in respect [of duration] of uncleanness nor in respect of measure, cannot combine with one another. Rabbi Joshua now provides a general rule as to when different things join together. There are two criteria. First of all, the minimum measure needs to be the same. Second, the rules regarding their impurity need to be the same. So a part of a sheretz and a piece of carrion do not join together because carrion has a minimum measure of an olive, whereas the minimum measure for a sheretz is a lentil. A piece of dead body and a piece of carrion share the same measure (an olive’s worth) but the piece of a dead body cause seven-day impurity, whereas the carrioin causes one day impurity, so they don’t join. All the more so a piece of a dead body won’t join with a piece of sheretz because both their impurity and their measures are different.

כל שטומאתו ושיעורו שוין (all things that are alike in [duration of] uncleanness and in requisite measure)– as, for example, carrion with carrion, or reptile/creeping animal with reptile/creeping animal.

טומאתו ולא שיעורו ([in duration of] uncleanness but not in requisite measure) – as, for example, carrion and reptile as their uncleanness is similar, and both of them there are ritually unclean until evening, but not their requisite measure, [since] for carrion, the measure of its uncleanness is an olives bulk, whereas for reptiles, its measure is a lentil’s bulk.

ושיעוריו ולא טומאתו – as for example, a carrion and a dead person, for both of them defile in an olive’s bulk. But not in its defilement, for whereas defilement with a dead person is seven [days], and defilement with a carrion is only until the evening.

לא טומאתו ולא שיעורו – as for example, a dead person and a reptile, for defilement with a dead person is seven days, but defilement with a reptile is only until the evening. But with its requisite measure also, they are not equal/equivalent, for the measure of defilement with the dead is an olive’s bulk, and the measure of a reptile is as a lentil’s bulk.

אלו אין מצטרפין זה עם זה – since they are separate entities.

שני שמות (two categories) – two separate negative commandments.

Introduction In today’s mishnah we learn that different types of prohibited substances do not join together to add up to a sufficient amount for a transgression to have occurred.

בקל שבשניהם (the lesser of the two of them)- that is to say, it combines for [ritual] defilement even with the lesser requisite measurement, as for example, that it would combine for less than the equivalent of a lentil’s bulk of a creeping reptile to complete the equivalent of an olive’s bulk of a carrion, and all the more so, that it would not combine to the requisite greater measurement. And similar, half of an olive’s bulk of a dead corpse does not combine to a half of an olive’s bulk of carrion to become impure, even for the impurity until evening.

Piggul and remnant do not combine with one another because they are of two different names. In yesterday’s mishnah we learned that different types of piggul can combine together, and different types of sheratzim can combine together, etc. Today we learn that differently named substances do not combine together. So if one eats half of an olive’s worth of piggul and half of an olive’s worth of notar (remnant) he is not liable, because he has not eaten enough prohibited food of one prohibition.

אוכל שנטמא באב – this is the offspring of a first degree of uncleanness.

Sheretz and carrion, as well as carrion and the flesh of a corpse do not combine with one another to effect impurity, not even in respect of the more lenient of the two [grades] of defilement. Similarly, sheretz (a creepy crawly thing that transmits impurity see yesterday’s mishnah) and carrion, and carrion and flesh from a human corpse do not join together to create the minimum amount needed to effect impurity. This is true even with regard to the lower quantity or level of defilement. For instance, less than a lentil’s worth of a sheretz does not join together with less than an olive’s worth of carrion. Similarly, less than an olive’s worth of a human corpse does not join with less than an olive’s worth of animal carrion to transmit the type of impurity that makes on impure for only one day.

שנטמא בולד הטומאה – this is the offspring of second degree of uncleanness.

Food contaminated through contact with a primary defilement can combine with that contaminated by a secondary defilement to affect uncleanness according to the lower degree of defilement of the two. Food that has been contaminated by contact with a source of primary defilement (such as a dead body) now has first degree defilement. Food that has been contaminated with something that has secondary defilement now has second degree defilement. These different foods can combine to form the minimum amount of an egg’s worth to contaminate other foods according to the lower degree of the two. If the joined substance comes into contact with terumah, it would cause it to have third degree defilement, which is a very low level of defilement. We shall learn more about this when we learn tractate Toharot.

מצטרפין זה עם זה – to the equivalent of an egg’s bulk, which is the measurement of impurity for foodstuffs.

לטמא בקל שבשניהם – to become third-degree [of uncleanness] in the manner that the second [degree of uncleanness] becomes third [degree of uncleanness], which is the lesser of the two of them. But it does not combine to that which would become second [degree of uncleanness] like it makes the first [degree of uncleanness] become second [degree of uncleanness], for if so, it was like the greater/more stringent of the two of them.

לפסול את הגויה – a person (i.e., a Kohen) who consumes ritually impure foods at the volume of half-a-loaf [of bread] which is an egg and a half [in volume] according to the words of Maimonides, and two eggs’ [bulk] according to the words of my Rabbis/Teachers, his body is made invalid from eating heave-offering/Terumah and invalidates the Terumah through his contact until he immerses [in a Mikveh].

Introduction Today’s mishnah teaches that different types of food and different types of drink can join together with regard to various matters.

במזון שתי סעודות לעירוב (see also Tractate Eruvin, Chapter 8, Mishnah 2) – A person who wants to walk more than two-thousand cubits on Shabbat makes a joining of borders/ עירובי תחומין and places the food for two [Sabbath] meals in the place where he desires that he will establish his Eruv, and he walks from the place of his Eruv and beyond [another] two-thousand cubits. And this is six eggs according to Maimonides and eight eggs according to my Rabbis/Teachers.

All kinds of food can combine with one another:
To make up the quantity of half a peras in order to render the body unfit One who eats half of a peras (the equivalent of two eggs) of unclean food, cannot eat terumah until the evening. The food “renders his body unfit” to eat holy food. Different types of unclean food can join to create this minimum amount.

בכביצה לטמא טומאת אוכלין – for food does not defile with less than an egg, as it is written (Leviticus 11:34): “As to any food that may be eaten, [if shall become impure if it came in contact with water],” that implies a food that is eaten at once, and the Sages estimated that the esophagus does not hold more than the egg of a chicken.

[To make up the food] for two meals to form an eruv; One who wants to walk more than two thousand cubits out of his city on Shabbat puts an “eruv,” a meal, at the two thousand cubit mark and then he can walk an additional two thousand cubits. The meal must consist of a certain amount of food (see Eruvin 8:2) and different types of food can join together to create the minimum amount.

בכגרוגרת להוצאת שבת (see also Tractate Shabbat, Chapter 7, Mishnah 4) – a person who removes foodstuffs on the Sabbath from one domain to another is not liable with less than a dry fig’s bulk.

To make up the volume of an egg to contaminate food; Impure food conveys impurity only if there is the volume of an egg. Different impure foods can join together to create this volume.

בככותבת ביום הכיפורים (see also Tractate Yoma, Chapter 8, Mishnah 2)– The Biblical verse changed it and wrote (Leviticus 16:29): "תענו" /”you shall practice self-denial,” but did not write “תאכלו “/”you shall [not] eat,” that implies that the All-Merciful was not stringent other than with self-denial/affliction, and the Sages estimated that with a date a person’s mind is set at ease, ut less than a date, a person’s mind is not set at ease.

To make up the volume of a dry fig with regard to carrying on Shabbat; One who carries food from one domain to another on Shabbat is liable only if the food is at least the volume of a dried fig (see Shabbat 7:4).

לפסול את הגויה ברביעית – a person who drinks impure liquids at a volume of a quarter-LOG, his (i.e., the Kohen’s) body is invalidated from consuming heave-offering/Terumah and invalidates Terumah through his contact until he immerses [in a Mikveh]

And the volume of a date with regard to Yom Kippur. All kinds of drinks can combine with one another: One who eats a date’s worth of food on Yom Kippur is liable. Again, all different foods join together to create this minimum amount.

וכמלוא לוגמיו (a mouthful, a quantity of liquid filling up one’s cheek) – that he drinks a quantity filling up his cheek on Yoom Kippur is liable. Less than this, he is exempt (see Tractate Yoma, Chapter 8, Mishnah 2).

To make up a quarter [of a log] in order to render the body unfit; One who drinks a quarter of a log of impure drink is rendered unfit to eat terumah until the evening.

To make up a mouthful with regard to Yom Kippur. On Yom Kippur, one who drinks a mouthful is liable. In both of these matters, different foods join together.

הערלה וכלאי הכרם מצטרפין (see also Tractate Orlah, Chapter 2, Mishnah 1) – that if he consumed half-of-a-measure from this one (i.e., Orlah/fruit that grows during the first three years after a tree was planted) and half-of-a-measure from that one (i.e., Kilei HaKerem/food crops in a vineyard – which unlike the prohibition of a mixture of seeds, it is prohibited to derive any benefit from the crop grown in the vineyard and all of the produce must be burned – see Tractate Kilayim), they combine [together to make that person liable] to be flogged [forty times – actually, forty minus one). Alternatively, Orlah and Kilei HaKerem are mixed together that fell into something permitted, they combine [to become prohibited] with dry produce in one out of two hundred, and with moist produce, if it provides a taste/flavor.

Orlah and kilayim of the vineyard can combine with one another. Rabbi Shimon says: they do not combine. According to the first opinion, orlah (fruit during its first three years) and kilayim (seeds) that grow in a vineyard combine with one another. The result is that if half of a seah of orlah and half of a seah of kilayim fall into less than two hundred seahs of regular produce, the regular produce is all prohibited. Rabbi Shimon holds that since these two prohibitions have different names, they don’t combine together. It seems that the first opinion holds that since they are so similar, they do combine.

אינן מצטרפין – since they are two distinctive categories, but if there is in a pot to nullify her taste of the Orlah/fruit that grows during the first three years after a tree was planted, on its own, and the taste of Kilei HaKerem/food crops in a vineyard on its own, everything is permitted. But the Halakha is not according to Rabbi Shimon.

Cloth, sack-cloth, sack-cloth and leather, leather and matting combine with one another. The different materials in this section have different minimum measures for being susceptible to different kinds of uncleanness. Cloth that is three handbreadths square is susceptible to the sitting impurity conveyed by a zav (one with an unusual genital discharge), and for other matters of impurity it is susceptible if it is three fingers square. Sack-cloth must be four by four handbreadths. Leather must be five square handbreadths. And matting must be six square handbreadths. These different materials can join together to create the minimum measure for the most lenient of them. For instance, one handbreadth of cloth will join with three handbreadths of sack-cloth, and one of sack-cloth will join four of leather and one of leather will join five of matting. However, two handbreadths of cloth will not join one handbreadth of sack-cloth, because the cloth is stricter. To put it another way cloth can count as sack-cloth, but sack-cloth cannot count as cloth.

הבגד – which defiles [through the treading of someone with a flux] three handbreadths by three handbreadths.

Rabbi Shimon: What is the reason? Because these are all susceptible to the uncleanness caused by sitting. In mishnah three we learned that different substances that do not have the same measure do not join together. Seemingly, today’s mishnah deviates from that rule. Rabbi Shimon explains that it does not actually contradict that rule because when it comes to the impurity conveyed by the sitting of a zav, they all potentially have the same measure. If a person cuts off a small piece of any of these materials, the size of one handbreadth square, and he intends to sit on that material, it is susceptible to sitting impurity when a zav sits on it. Since there is one aspect in which they are all the same, they can join together to create the minimum measure be susceptible to impurity.

והשק – that it defiles [through the treading of someone with a flux or other impurities] four handbreadths by four handbreadths.

והעור – five handbreadths by five handbreadths.

והמפץ (poor-man’s mattress) – six handbreadths by six handbreadths. The cloth/בגד combines with the sack/שק – that is less than it, to become defiled by four handbreadths by four handbreadths. And similarly, each other combines to that which is a less than it, and all of them combine with each other to defile according to the lesser measurement of defilement, but not the lesser with the greater.

מפני שהן ראוים לטמא מושב (suitable to be made unclean as that used for sitting) – that is to say, even though we have stated above (see Mishnah 3 of this chapter) that everything where their measurements are not equivalent they do not combine, here they combine even though their measurements are not equivalent, for since they are equivalent for this things – each one of them suitable to be made ritually impure as that used for the sitting of the person with a flux, therefore, they combine for the defilement of sitting.