Talmud for Meilah 3:6

כָּל הָרָאוּי לַמִּזְבֵּחַ וְלֹא לְבֶדֶק הַבַּיִת, לְבֶדֶק הַבַּיִת וְלֹא לַמִּזְבֵּחַ, לֹא לַמִּזְבֵּחַ וְלֹא לְבֶדֶק הַבַּיִת, מוֹעֲלִין בּוֹ. כֵּיצַד, הִקְדִּישׁ בּוֹר מָלֵא מַיִם, אַשְׁפָּה מְלֵאָה זֶבֶל, שׁוֹבָךְ מָלֵא יוֹנִים, אִילָן מָלֵא פֵרוֹת, שָׂדֶה מְלֵאָה עֲשָׂבִים, מוֹעֲלִין בָּהֶם וּבְמַה שֶּׁבְּתוֹכָן. אֲבָל אִם הִקְדִּישׁ בּוֹר וְאַחַר כָּךְ נִתְמַלֵּא מַיִם, אַשְׁפָּה וְאַחַר כָּךְ נִתְמַלְאָה זֶבֶל, שׁוֹבָךְ וְאַחַר כָּךְ נִתְמַלֵּא יוֹנִים, אִילָן וְאַחַר כָּךְ נִתְמַלֵּא פֵרוֹת, שָׂדֶה וְאַחַר כָּךְ נִתְמַלְאָה עֲשָׂבִים, מוֹעֲלִין בָּהֶן, וְאֵין מוֹעֲלִין בְּמַה שֶּׁבְּתוֹכָן, דִּבְרֵי רַבִּי יְהוּדָה. וְרַבִּי שִׁמְעוֹן אוֹמֵר, הַמַּקְדִּישׁ שָׂדֶה וְאִילָן, מוֹעֲלִין בָּהֶם וּבְגִדּוּלֵיהֶם, מִפְּנֵי שֶׁהֵן גִּדּוּלֵי הֶקְדֵּשׁ. וְלַד מְעֻ שֶּׂרֶת לֹא יִינַק מִן הַמְעֻשֶּׂרֶת. וַאֲחֵרִים מִתְנַדְּבִים כֵּן. וְלַד מֻקְדָּשִׁין לֹא יִינַק מִן הַמֻּקְדָּשִׁין. וַאֲחֵרִים מִתְנַדְּבִים כֵּן. הַפּוֹעֲלִים לֹא יֹאכְלוּ מִגְּרוֹגָרוֹת שֶׁל הֶקְדֵּשׁ. וְכֵן פָּרָה לֹא תֹאכַל מִכַּרְשִׁינֵי הֶקְדֵּשׁ:

Anything [sanctified] which is fit for the altar, but not [fit for] the Temple maintenance, or for maintenance but not the altar, or neither for maintenance nor the altar, are subject to the laws of meilah. How so? If he sanctified a pit filled with water, a dung pit full of manure a dovecote filled with doves, a tree full of fruit, a field full of grass, both they and what is in them are subject to meilah. But if he consecrated a pit and it was later filled with water, a dung pit that was later filled with manure, a dovecote that was later filled with doves, a tree that was later filled with fruit, a field that was later filled with grass, they are subject to meilah, but not what is in them, so says Rabbi Yehuda. Rabbi Shimon says, one who sanctified his field or a tree, they and all that grows from them are subject to meilah because they are the growths of sanctified things. The offspring of ma'aser [tithed animals] should not nurse from ma'aser animals [their mothers], others would therefore donate their animals for this purpose [of nursing]. The offspring of sanctified animals should not nurse from other consecrated animals, and others would therefore donate their animals for this purpose [of nursing]. Workers should not eat the dried figs that have been sanctified and similarly a cow should not eat from the fodder that was sanctified.

Jerusalem Talmud Pesachim

¹⁶⁹From here on, the Halakhah also is Peah7:8 (פ).“How did they permit sycamore figs of dedicated trees? The Sages said to them, do you not agree with us that growth of dedicated [plants] is forbidden? They told them, when our forefathers dedicated them, they dedicated only the tree stems because of the strong men who came and took them by force.¹⁷⁰Tosephta 3:22 (Babli 56b). Sycamores produce inferior fruits but superior building material. The “strong men” are probably the Hasmonean rulers or Herod. The people protected their sycamore groves by putting them out of bounds of any human government.” Do the rabbis mean to say that they dedicated tree stems and fruits? Even if you say that they dedicated the tree stems but not the fruits, the rabbis wonder if somebody dedicates an orchard, may he reserve the growth for himself¹⁷¹In Mishnah Meˋilah 3:6 the anonymous Tanna declares that taking the fruits of a Temple tree does not constitute the crime of meˋilah, larceny committed on Temple property. But R. Yose declares the fruits to be covered by meˋilah. The Babli 56b points out that the Sages of the Tosephta, while agreeing that no felony is committed by taking the sycamore figs, nevertheless must assume that taking them means overstepping a prohibition. No such prohibition is written in the Torah. While any stipulation contradicting a commandment of the Torah is invalid (Peah 6:9), one violating a rabbinic prohibition may be valid. It remains unresolved whether the people of Jericho had permission to reserve the right to use the jummiz.? Let us hear from the following¹⁷²Mishnah Peah 7:8, about a vineyard dedicated to the Temple (i. e., its fruits to be sold by the Temple and the proceeds to be given to the Temple treasury).: “After the gleanings are recognizable, the gleanings belong to the poor.” That is different because nobody may dedicate anything that is not his own¹⁷³Since gleanings on vines belong to the poor by Divine decree (Deut. 24:21).. Does that not mean that even if the gleanings were not yet recognizable, they should belong to the poor? This is different, because it is a vineyard for the Temple, as it was stated¹⁷⁴Tosephta Peah 3:15. Here starts a Genizah fragment, edited by L. Ginzberg in Ginze Schechter, vol. 1, New York 1928, pp. 442–448 (ג).: “It somebody plants a vineyard for the Temple, it is exempt from single berries¹⁷⁵Which in secular growth belong to the poor (Lev. 19:10). Addition by the corrector, supported by a lacuna in ג., and from ˋoriah¹⁷⁶The fruits growing in the first three years after planting, forbidden for use (Lev.19:23)., and from the Fourth Year¹⁷⁷Where the fruit has to be redeemed (Lev. 19:24)., but it is subject to the Sabbatical year.” Rebbi Zeˋira in the name of Rebbi Joḥanan: The land shall observe a Sabbath for the Eternal¹⁷⁸Lev. 25:2.. The sanctity of the Sabbatical falls even on anything that is the Eternal’s.

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