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Meilah and the Deshen

Meilah (2:2) | Yisrael Bankier | a day ago

The second perek of Meilah discusses the lifecycle of a korban. Import for our masechet is when the prohibition of meilah starts and ends for each korban. However, other laws, like when the korban can become pasul due to a tevul yom or mechusar kippur, or the laws of lina, pigul, notar and tameh are also discussed.

The second Mishnah discusses the olat ha'ohf, and the Mishnah teaches that the prohibition of meilah will continue to apply to the korban until the beit hadeshen is removed. The Bartenura explains that the since the korban olah is to be fully burnt, even after it has turned to ashes the prohibition of meilah continues.

The Bartenura adds that the prohibition continues until the terumat ha'deshen is performed. If you recall, that is the first activity that is performed in the morning in the Beit HaMidkash. Some of the ashes are removed from the major pyre and placed to the eastern side of the ramp. It appears that the prohibition of meilah applies to the entire pile until some of it is removed as part of the terumah ha'deshen. After that point, it no longer applies to the pile.

The Tosfot Yom Tov notes that the Bartenura's comment appears to contradict his explanation in the fourth Mishnah. That Mishnah discusses the olah animal offering. The Mishnah there also explains that the prohibition of Meilah applies until it is taken out to the Beit HaDeshen. The Bartenura explains that prohibition of meilah applies until the pile of ashes has been removed from the mizbeach and taken to the location outside the Beit HaMikdash -- the Beit HaDeshen.

Not only do the two explanations contradict on another, but they are the opinions of Rav and Rav Yochanan. The Bartenura's first explanation aligns with Rav. Rav maintains that once the mitzvah has been performed the prohibition of meilah is removed from all the ashes. Even though the remainer is also eventually removed, the mitzvah with the ashes is considered complete by terumat ha'deshsen. Rav Yochanan however argues that the Torah instructs that the kohanim to remove the pile of ashes whilst wearing the priestly garments. Consequently, it proves that it is not a simple clean up job, but rather the ashes still retain their sanctity.

The Tifferet Yisrael also find the contradiction in the Bartenura explanation difficult. He however is more troubled with the first explanation considering that when there is a debate between Rav and Rav Yochanan the halacha accords with Rav Yochanan. Consequently, the Barternura should have explained our Mishnah like Rav Yochanan as well.

The Ahavat Eitan notes the difficulties raised by the Tosfot Yom Tov and Tifferet Yisrael and explains as follows. He cites the Tosfot (Yoma 59b, s.v. ve'harei) who explains that when the Gemara teaches that meilah applies to the terumat ha'deshen -- the part that is removed -- it only means that there is an issur hana'ah. In other words, one is not allowed to derived benefit from those ashes, but the prohibition of meilah no longer applies. Based on the Tosfot, the Ahavat Eitan explains that the Bartenura agrees that the halacha follow R' Yochanan. The Bartenura in this Mishnah however was not referring to the remainer of the pile. Instead, the Bartenura was referring to the terumat ha'deshen itself -- the part that is separated. In other words, it is true that one is not allowed to derive any benefit; the Torah teaches that "it must be placed there next to the mizbeach". However, that is only the issur hanaah. Since the mitzvah with that separated part is performed, the prohibition of meilah no longer applies to it.

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