If one gave his shekel for his friend to give for him, and he went and gave it for himself — if the contribution (for offerings) had been made [before the shekel were given to the treasurer], he [the messenger, who gave it for himself] has profaned (Temple property). [For as soon as the contribution was made on account of what would be collected, this shekel that his friend had given him to give for him, was in the possession of the Temple, so that when he gave it for himself, he benefited from Temple property. For had he not given it, they would have taken a pledge from him, as we learned above (1:3): "From the time they sat in the Temple, they began to take pledges. He is found, then, to be benefitting from Temple property and he is liable for a me’ilah (profanation) offering.] If one gave his shekel from the monies of hekdesh (Temple property) [If he had in his hand monies dedicated to Temple maintenance, and, thinking that they were chullin (non-consecrated), he gave his shekel from them], and the contribution were made and a beast [bought from that contribution and] sacrificed — then he [who gave the shekel] is liable for a me’ilah offering, [but not before. For this hekdesh remained hekdesh as it was wherever it was without changing. And when the beast was sacrificed and he (the Temple treasurer) intended that it be from the money of all who had given the shekel to the lishkah (the fund for sacrifices), it is as if he (the giver) acquired the beast with those monies of hekdesh and sacrificed it. He benefits, then, in that they did not take a pledge from him for his shekel and he is liable for a me’ilah offering. And in the first instance, too, where his friend gave him the shekel to give for him and he gave it for himself, and he is liable for a me’ilah offering, this, too, is when the beast has been sacrificed after the contribution has been made. The reason this was not stated in the first instance is that it was anticipated for the latter instance, in which the me’ilah in both instances is explicated. The reason there is no me’ilah immediately even though he already benefits (by not having a pledge exacted of him) is that me’ilah obtains only when one converts hekdesh to chullin; but if he converts (one variety of) hekdesh to (a different variety of) hekdesh, even though he benefits thereby, there is me’ilah only after an act is performed in the second hekdesh. This is borne out in the Yerushalmi.] If (one gave his shekel) from the monies of ma’aser sheni or from the monies of shevi’ith, he eats against them. [He brings a shekel and says: "Wherever the ma’aser sheni or shevi’ith are, they are to be redeemed against this shekel. For shevi’ith "takes" in its monies as hekdesh does. And he eats fruits bought with that money in Jerusalem against ma’aser sheni; or he eats them in the sanctity of shevi’ith if the fruits redeemed were those of shevi’ith.]
Bartenura on Mishnah Shekalim
הנותן שקלו לחבירו לשקול על יד – for him, and the agent went and paid the Shekel (i.e., half-shekel) on his own behalf.
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English Explanation of Mishnah Shekalim
Introduction
This mishnah deals with various scenarios in which a person paid his shekel from money which did not belong to him.
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Bartenura on Mishnah Shekalim
אם נתרמה התרומה – prior to his giving the Shekel to the treasurer.
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English Explanation of Mishnah Shekalim
One who gave his shekel to his fellow to pay it on his behalf, but [his fellow] paid it on behalf of himself: if the appropriation had already been made [his fellow] is guilty of sacrilege. A person received a shekel from his friend to pay his friend’s shekel but then used this money to pay his own shekel. If the shekel had already been counted in the Temple’s appropriation (and an animal purchased with that money and sacrificed, see below), then he is guilty of sacrilege. Sacrilege means that one has misappropriated funds or property which belongs to the Temple. Since this shekel had already been counted as belonging to the Temple and indeed had already been used, his action counts as sacrilege. He must now bring a special sacrifice and restore the value of that which he misappropriated (a shekel) plus another fifth.
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Bartenura on Mishnah Shekalim
מעל – he who paid it (i.e., the Shekel) in on his own behalf, for as soon as the Terumah was appropriated on that which would be collected in the future, that specific Shekel that his fellow gave him to pay on his behalf was [already] in the sacred domain [of the Temple] and when he gave on his behalf, he benefitted from the sacred donations, for if he had not given this Shekel on his behalf, they would have exacted a pledge from him, as is taught in the Mishnah above in the first chapter (Mishnah 3), for from when they sat in the Temple, they began to take pledges and it was found that he benefitted from what belonged to the Temple, and he is liable for a sacrifice of sacrilege.
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English Explanation of Mishnah Shekalim
One who paid his shekel out of money belonging to the sanctuary: If the appropriation had already been made and an animal [bought out of the appropriation] had already been offered, he is guilty of sacrilege. In this case the person had in his possession money which he had previously donated to the Temple. He then tried to use that money to pay his shekel. Again the mishnah teaches that if the appropriation had already been made and if the shekel had been used to buy a sacrifice then he is guilty of sacrilege. We should note that according to the Talmud, in the previous section as well an animal had to have been sacrificed for it to be considered sacrilege.
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Bartenura on Mishnah Shekalim
השוקל שקלו מן ההקדש – the monies that were in his hand which were sanctified for the repair of the House, and when he thought that they were non-holy and donated his Shekel from them, and the Terumah had been appropriated, and they bought an animal with that Terumah and sacrificed it or obligated the person who made his donation a sacrifice of sacrilege but not before, because that which is sanctified [and belongs to the Temple] remains sanctified as it was in every place where he is and did not change. And when the animal was sacrificed, and he intended that it be from money, everyone who gave his Shekel in the Terumah of the Temple treasury is made as if he purchased the animal with those monies of Hekdesh/belonging to the Temple and sacrificed it and benefited because they did not have him take a pledge for his Shekel and he became liable for a sacrifice of sacrilege. But the first part of the Mishnah also as it is taught – when his fellow gave him his Shekel on his behalf and he gave the Shekel for himself that he committed sacrilege, that is, also when the animal was sacrificed after the Terumah had been appropriated, for if it had not been taught in the first part of the Mishnah because it relied upon the concluding part of the Mishnah which explains the sacrilege of both of them. And this is the reason that he doesn’t commit sacrilege immediately, even though he already benefitted, because there is no sacrilege other than removing from that which is sanctified [and belonging to the Temple] to that which is non-holy. But someone who removes [funds] from one sanctified area to [another] sanctified area, even though he benefitted, he does not commit sacrilege other than when something is done with the second sanctified [monies]. And this is proven in the Jerusalem Talmud.
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English Explanation of Mishnah Shekalim
[If he paid his shekel with] money that had been used to redeem the second tithe or the value of seventh year produce, he must eat food equal to its value. Second tithe is usually redeemed with money and then the money is brought to Jerusalem and used there to buy food. If one sells seventh year produce, the proceeds from the sale have the same rules and restrictions that the produce itself has any food which is purchased from this money must be used before seventh year produce must be removed from one’s house (which is when that type of food is no longer found in the field). In the case in this mishnah someone uses this money (second tithe or seventh year produce proceeds) to pay his shekel. What he must now do is take another shekel and use it as if it was second tithe or seventh year produce money. This is sufficient to restore the shekel that he used to pay his shekel tax.
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Bartenura on Mishnah Shekalim
יאכל כנגדן – He must bring a Shekel and state that every place which is Second Tithe or Seventh year produce will be redeemed by this Shekel, for the Seventh year – its additional worth is like that which is dedicated to the Temple and the produce purchased with that Shekel should be eaten in Jerusalem for the sake of Second Tithe or eat them in the holiness of the Seventh year if the produce that was redeemed was seventh year produce.
