2. 1. The law of Sacrilege applies to the Sin-offering of a bird so soon as it has been dedicated.3 After its head has been wrung off it becomes sus¬ ceptible so that it can be rendered invalid through [contact with] one that had immersed himself the selfsame day [because of uncleanness]4 or one whose atonement was yet incomplete,5 or by remaining overnight. After its blood has been sprinkled men may thereby become culpable through [trans¬ gression of the laws of] Remnant, Refuse, or uncleanness, but the law of Sacrilege no longer applies to it.
2. The law of Sacrilege applies to the Whole-offering of a bird so soon as it has been dedicated. After its head has been wrung off it becomes sus- ceptible-so that it can be rendered invalid through [contact with] one that had immersed himself the selfsame day [because of uncleanness] or one whose atonement was yet incomplete, or by remaining overnight. After its blood has been squeezed out men may thereby become culpable through [transgression of the laws of] Remnant, Refuse, or uncleanness, and the law of Sacrilege applies to it until it is taken out to the place of ashes.6 3. The law of Sacrilege applies to the bullocks which are to be burnt and to the he-goats which are to be burnt,7 so soon as they have been dedicated. After they have been slaughtered they become susceptible so that they can 1 Zeb. s*~*. Offerings whose flesh can be consumed by their owners anywhere in Jeru¬ salem after the sprinkling of the blood. See also above, p. 573, n. 2 (end).
1 Since the sprinkling of the blood is equally effective in rendering holy the sacrificial portion* that are outside the Temple Court. } Since it is one of the Most Holy Things.
7 P- 473. nn- 4-5 ■ They are included among the Most Holy Things.
be rendered invalid through [contact with] one that had immersed himself the selfsame day [because of uncleanness] or one whose atonement was yet incomplete, or by remaining overnight. After their blood has been sprinkled men may thereby become culpable through [transgression of the laws of] Remnant, Refuse, or uncleanness, and the law of Sacrilege applies to them even in the place of ashes until the flesh is reduced to cinders.
4. The law of Sacrilege applies to the Whole-offering so soon as it has been dedicated. After it has been slaughtered it becomes susceptible so that it can be rendered invalid through [contact with] one that had im¬ mersed himself the selfsame way [because of uncleanness] or one whose atonement was yet incomplete, or by remaining overnight. After its blood has been tossed men may thereby become culpable through [transgression of the laws of] Remnant, Refuse, or uncleanness; the law of Sacrilege does not apply to its hide, but it applies to its flesh until the ashes are taken out to the place of ashes.
5. The law of Sacrilege applies to a Sin-offering, to a Guilt-offering, and to the Peace-offerings of the congregation so soon as they have been dedi¬ cated; after they have been slaughtered they become susceptible so that they can be rendered invalid through [contact with] one that had immersed himself the selfsame day [because of uncleanness] or one whose atonement was yet incomplete, or by remaining overnight. After their blood has been tossed men can thereby become culpable through [transgression of the laws of] Remnant, Refuse, or uncleanness; the law of Sacrilege does not apply to their flesh but it applies to their sacrificial portions until [their ashes are] taken out to the place of ashes.
6. The law of Sacrilege applies to the Two Loaves1 so soon as they have been dedicated. After they have become crusted in the oven they become susceptible so that they can be rendered invalid through [contact with] one that had immersed himself the selfsame day [because of uncleanness] or one whose atonement was yet incomplete; and they may then slaughter the animal-offerings that pertain to them,2 After the blood of the lambs has been tossed, men can by reason of the loaves become culpable through [transgression of the laws of] Remnant, Refuse, or uncleanness. But the law of Sacrilege does not apply to them.
7. The law of Sacrilege applies to the Shewbread3 so soon as it has been dedicated. After it has become crusted in the oven it becomes susceptible so that it can be rendered invalid through [contact with] one that had im¬ mersed himself the selfsame day [because of uncleanness] or one whose atonement was yet incomplete; and it may then4 be set in order on the table. After the dishes [of frankincense] have been brought, men can become culpable because of the Shewbread through [transgression of the laws of] Remnant, Refuse, or uncleanness; but the law of Sacrilege does not apply to it.5 8. The law of Sacrilege applies to the Meal-offerings so soon as they have been dedicated. After they have become holy in the vessel [of ministry] they become susceptible so that they can be rendered invalid through [contact with] one that had immersed himself the selfsame day [because of uncleanness] or one whose atonement was yet incomplete, or by remaining overnight. After the Handful has been offered, men may thereby become 4 ‘After it has become crusted.’ 5 It can now be consumed by the priests.
FIFTH DIVISION: KODASHIM culpable through [transgression of the laws of] Remnant, Refuse, or un¬ cleanness, but the law of Sacrilege does not apply to their residue; but it applies to the Handful until it1 is taken out to the place of ashes.
9. The law of Sacrilege applies to the Handful, the frankincense, the incense, the Meal-offering of the Priests, the Meal-offering of the anointed [High] Priest, and the Meal-offerings offered with drink-offerings,2 so soon as they have been dedicated. After they have become holy in the vessel [of ministry] they become susceptible so that they can be rendered invalid through [contact with] one that had immersed himself the selfsame day [because of uncleanness] or one whose atonement was yet incomplete, or by remaining overnight; and men may thereby become culpable through [transgression of the laws of] Remnant or uncleanness, but the law7 of Refuse does not apply to them. This is the general rule: If any offering has that which renders it permissible3 [for the Altar or for the use of the priests], none can thereby become culpable through [transgression of the laws of] Remnant, Refuse, and uncleanness, unless that which renders it permissible has been offered; whereas if any offering has not that which renders it permissible, men can thereby become culpable through [transgression of the laws of] Remnant and uncleanness so soon as it becomes holy in the vessel [of ministry], but the law of Refuse does not apply to it.
3. 1. The young of a Sin-offering,4 the Substitute for a Sin-offering, and the Sin-offering whose owner has died must be left to die. If it passed the age of a year, or wras lost and found blemished and its owner had already [otherwise] made atonement, it must be left to die; a Substitute for it may not be brought, no use may be made of it, but the law of Sacrilege does not apply to it. If the owner had not yet made atonement it must be left to pasture until it suffers a blemish when it shall be sold and another [Sin- offering] brought with its price; a Substitute for it may be brought and the law of Sacrilege applies to it.
2. If a man set apart money for his Nazirite-offerings3 he may not make [other] use of it, yet the law of Sacrilege does not apply to it, since it may all be used to bring a Peace-offering. If he died and the money was not expressly assigned,6 it falls [to the Temple treasury] as a freewill-offering; but if it was expressly assigned, the price of the Sin-offering is cast into the Dead Sea — no use may be made of it, but the law of Sacrilege does not apply to it; with the price of the Whole-offering a Whole-offering is brought, and the law of Sacrilege applies to it; with the price of the Peace-offering a Peace-offering is brought, and it is consumed the same day and it does not require the Bread-offering.7 1 The ashes on the Altar. 2 For the foregoing see Zeb. 43.
3 So that it is rendered ‘acceptable’ {Lev. icg) and so can be offered on the Altar, or, in certain cases, be consumed by the Priests. See Zeb. 23. With Sin-offerings, Guilt-offerings, and Peace-offerings the sprinkling of the blood renders their sacrificial portions permissible for the Altar and their flesh for the priests; likewise the sprinkling of the blood renders the flesh of the Whole-offerings of cattle or birds, the ‘bullocks and he-goats that are to be burnt’ permissible for the Altar; the Two Loaves are rendered permissble for the priests by the sprinkling of the blood of the lambs that pertain to them; and for all Meal-offerings (except¬ ing those mentioned at the beginning of the verse, which are wholly burnt on the Altar) the taking and burning of the Handful renders the residue permissible for the priests.
5 Num. 614. He must, on the completion of his vow, bring a he-lamb as a Whole-offering, a ewe-lamb as a Sin-offering, and a ram as a Peace-offering. The law of Sacrilege only applies to the sacrificial portions of a Peace-offering (which is one of the Lesser Holy Things) and only after the blood has been sprinkled.
3. R. Ishmael* says: In what concerns the blood the law of Sacrilege bears leniently in the beginning and stringently in the end; in what con¬ cerns the drink-otferings it bears stringently in the beginning and leniently in the end. To the blood the law of Sacrilege does not apply in the begin¬ ning,2 but after it has flowed away to the brook Kidron3 the law of Sacrilege applies to it; to the drink-offerings the law of Sacrilege applies in the beginning, but after they have flowed down into the pits4 the law of Sacrilege does not apply to them.
4. No use may be made of the ashes3 from the inner Altar or [of the wicks that remained] from the Candlestick, but the law of Sacrilege does not apply to them. But if the ashes were dedicated in the beginning6 the law of Sacrilege applies to them. No use may be made of turtle-doves that are not yet of prescribed age or of pigeons that are past the prescribed age,7 but the law of Sacrilege does not apply to them. R. Simeon says: The law of Sacrilege applies to turtle-doves that are not yet of prescribed age; and no use may be made of young pigeons that are past the prescribed age, but the law of Sacrilege does not apply to them.
5. No use may be made of the milk of animal-offerings or of the eggs of the turtle-doves, but the law of Sacrilege does not apply to them. This applies only to what is consecrated for the Altar and not to what is conse¬ crated for the Temple-treasury] but if a man had dedicated a hen [for the Temple treasury; the law of Sacrilege applies both to it and to its eggs; if an ass, the law of Sacrilege applies both to it and to its milk.
6. The law of Sacrilege applies to a thing whether it is fitting for the Altar but not for the Temple treasury, or fitting for the Temple treasury but not for the Altar, or to what is fitting neither for the Altar nor for the Temple treasury. Thus if a man dedicated a cistern full of water,8 or a midden full of dung,9 or a dovecot full of pigeons,10 or a tree covered with fruit, or a field full of herbage, the law of Sacrilege applies both to the thing itself and to what is therein; but if he had dedicated a cistern and it was afterward filled with water, or a midden and it was afterward filled with dung, or a dovecot and it was afterward filled with pigeons, or a tree and it was afterward covered with fruit, or a field and herbage afterward grew up, the law of Sacrilege applies to the thing itself but not to what is therein. So R. Judah. But R. Simeon11 says: If a man dedicated a tree or a field, the law of Sacrilege applies both to them and what grows from them, since their growth is from what belongs to the Temple. The young of the Tithe of Cattle may not draw suck from [beasts that have been made] Tithe [of Cattle];*2 but there are others that offer [their beasts] only on this condition. 13 The young14 of animal-offerings may not draw suck from animal-offerings, but there are others that offer [their beasts] only on this condition.
1 Variant: Simeon. 1 Before it is sprinkled.
J See Yom. s‘; Midd. 32. 4 Midd. 3*; cf. Sukk. 4’. 5 Of the incense.
0 If, before the ashes were removed, some one had vowed to give the Temple their value.
* Which cannot be used for the Altar but can be used or sold for the benefit of the Temple treasury.
* Which cannot be used for either Altar or treasury, but can be sold for their benefit.
10 Which can be used for the Altar. The wood or stones of the dovecot can be used for Temple repairs.
11 Some texts read ‘Jose’. 12 Cf. Bekh. gT.
>* That if the Tithe of their cattle should be a female beast its milk should not be conse¬ crated but permissible for its young.
14 Bom before the dam was dedicated.
578 FIFTH DIVISION: KODASHIM Workmen1 may not eat of dried figs which have been dedicated to the Temple; so, too, a cow2 may not eat of vetches which have been dedicated.
7. If the roots of a tree in private ground spread into dedicated ground, or if the roots of a tree in dedicated ground spread into private ground, no use may be made of them, but the law of Sacrilege does not apply to them. If the source of a spring3 was in a dedicated field no use may be made of it, but the law of Sacrilege does not apply to it. If it flowed outside the field use may be made of it. No use may be made of the water that is in the golden pitcher,4 but the law of Sacrilege does not apply to it; but after it has been poured into the flagons the law of Sacrilege applies to it. No use may be made of the willow-branches6 [set beside the Altar], but the law of Sacrilege does not apply to them. R. Eliezer b. Zadok says: The old men used to take of them for their Lulabs.7 8. No use may be made of a nest on the top of a dedicated tree, but the law of Sacrilege does not apply to it; but one may flick off with a reed what is on the top of an Asherah.8 If a man dedicated a wood the law of Sacrilege applies to the whole of it. If the [Temple] treasurers have bought the trees9 the law of Sacrilege applies to the trees, but not to the chips or foliage.
4. 1. Hallowed Things that pertain to the Altar may be included together with one another to make up the quantity10 forbidden by the law of Sacri¬ lege, or to render a man liable through [transgression of the laws of] Rem¬ nant, Refuse, or uncleanness. 11 Hallowed Things that pertain to the Temple treasury may be included together with one another and Hallowed Things that pertain to the Altar may be included together with the Hallowed Things pertaining to the Temple treasury, to make up the quantity for¬ bidden by the law of Sacrilege.
2. In a Whole-offering five things may be included together: the flesh, the fat, the fine flour, the wine, and the oil; and six in a Thank-offering: the flesh, the fat, the fine flour, the wine, the oil, and the bread. Heave-offering,12 Heave-offering of Tithe,13 Heave-offering of Tithe from demai- produce,14 Dough-offering,15 and First-fruits16 may be included together to make up the quantity that renders them forbidden17 and subject to the [law of the Added] Fifth.18 3. [To make up a prescribed forbidden quantity] the Refuse of any offer¬ ings may be included together; the Remnants of any offerings may be included together;19 all kinds of carrion may be included together;20 all creeping things21 may be included together; the blood and the flesh of a creeping thing may be included together. R. Joshua laid down a general rule: All things that are alike in [the duration22 of] their uncleanness and in J Which had not been dedicated together with the field (Tif. Yis.).
* App. I. 20. They were saved the labour of going out to gather them at Motza, several miles away. * App. I. 4. » Cut down to be used for timber.
10 One perutah's worth.
“ If several portions of such offerings together make up an olive's bulk. Cf. Zeb. 3*.
19 To make up an olive’s bulk. 20 Lev. 11”. An olive's bulk conveys uncleanness.
21 Lev. ii”f. A lentil's bulk conveys uncleanness.
22 e.g. uncleanness contracted from animal carcases lasts only until evening; that contracted from human corpses lasts seven days.
the quantity of them1 [that is needful to convey uncleanness] may be in¬ cluded together; but if they are alike in [the duration of] their uncleanness but not in the quantity of them [that is needful to convey uncleanness], or if they are alike in the quantity of them [that is needful to convey unclean¬ ness] but not in [the duration of] their uncleanness; or if they are alike neither in [the duration of] their uncleanness nor in the quantity of them [that is needful to convey uncleanness], they may not be included together.
4. Refuse and Remnant may not be included together since they are of two different classes.2 A creeping thing and carrion (so, too, carrion and the flesh of a corpse) may not be included together to make up the quantity that is needful to convey uncleanness, even to convey the lesser degree3 of uncleanness of the two. Food rendered unclean by a primary uncleanness4 and other food rendered unclean by a derived uncleanness5 can be included together and they convey the lesser degree of uncleanness of the two.
5. All foodstuffs6 can be included together to make up the bulk of half a half- loaf that suffices to render the body unfit;7 or to make up the food for two meals required for Erub;8 or to make up the egg’s bulk9 that conveys food-uncleanness; or to make up the fig’s bulk that it is forbidden to carry forth on the Sabbath10 or to make up the date’s bulk11 that it is forbidden to eat on the Day of Atonement. All liquids can be included together to make up the quarter-fog that suffices to render the body unfit, or to make up the mouthful that it is forbidden to drink on the Day of Atonement.
6. Orlah-irmV2 and Diverse Kinds of the Vineyard13 can be included together.14 R. Simeon says: They cannot be included together. Cloth15 and sacking, sacking and leather, leather and matting, can be included together,16 the one with the other. R. Simeon says:17 Because they are such that con¬ tract uncleanness by being sat upon.
5. x. If a man enjoyed a perutah’s worth of use of what pertains to the Temple, even though he did not lessen its value, he is guilty of Sacrilege. So R. Akiba. But the Sages say: Whatsoever deteriorates by use, the law of Sacrilege applies to it only if it has suffered deterioration; and whatsoever 1 e.g. a lentil’s bulk of human corpse and an olive’s bulk of animal carcase arc the mini¬ mum quantities which convey uncleanness.
2 Separately forbidden, the one in Lev. 718 as an ‘abomination’, and the other in Ex. 2934 ‘because it is holy’.
s The ‘evening-uncleanness’ conveyed by an olive’s bulk of carrion.
4 Lit. ‘father of uncleanness’; see p. 424, n. 8. Such food counts as suffering ‘first-grade uncleanness’, i.e. uncleanness suffered at a single remove from a ‘father of uncleanness’.
^ Lit. ‘offspring of uncleanness’. It counts as suffering ‘first-grade uncleanness’, and what it renders unclean counts as suffering ‘second-grade uncleanness’. The two unclean foods can combine to make up the egg’s bulk that suffices to convey food-uncleanness. But com¬ bined they count as suffering 'second-grade uncleanness’ only, and what they touch suffers only ‘third-grade uncleanness’. 6 Mikw. io7.
? Not ‘unclean’ but ‘unfitted’ (if he is a priest) to eat of Heave-offering. The half of a half-loaf (cf. Toh. i3) is variously explained as either two, or one and a half, eggs’ bulk. Cf.
9 Food can convey uncleanness only if it is at least an egg’s bulk in quantity.
14 So that if a man ate an olive’s bulk of the two combined he incurs the Forty Stripes.
r5 The following rule is explained in Kel. 27*’ 3.
16 So that they shall be considered large enough to be susceptible to midras- uncleanness 19 Wishing to show that there is no analogy between the combining of Orlah- fruit with Diverse Kinds of the Vineyard, and the combining of these other materials, since the ruling concerning the combination of the latter deals only with their susceptibility to midrasuncleanness.
FIFTH DIVISION: KODASHIM does not deteriorate by use, the law of Sacrilege applies to it so soon as use is made of it. Thus, if [a woman] wore a chain around her neck or a ring on her hand or drank from a golden cup,1 she is guilty of Sacrilege so soon as she has made use of them; but if any one wore a shirt, or clothed himself with a cloak, or used an axe to split wood, he is not guilty of Sacrilege unless it suffers deterioration. If a man plucked wool from a Sin-offering while it was yet alive, he is guilty of Sacrilege only if it suffered deterioration; but if after it was dead, he is guilty of Sacrilege so soon as he has made use of it.
2. If he enjoyed half a perutah's worth of use and lessened its value by half a perutah, or if he enjoyed a perutah's w'orth of use from one thing and lessened by a perutah the value of something else, he is not thereby guilty >f Sacrilege; but only after he has enjoyed a perutah's worth of use and essened by a perutah the value of the selfsame thing.
3. Sacrilege cannot twice be committed with fthe same] Hallowed Things, save only with cattle and the vessels of ministry. Thus, if one man rode on a beast and another came and rode on it. and yet another came and rode on it; or if one drank from the golden cup, then another came and drank, and yet another came and drank; or if one plucked wool from a Sin-offering, and then another came and plucked and then yet another came and plucked, all are guilty of Sacrilege. Rabbi says: Sacrilege can be com¬ mitted repeatedly with aught that is not subject to redemption.
4. If a man took away a stone or a beam from what belongs to the Temple j he is not guilty of Sacrilege; but if he gave it to his fellow he himself is guilty of Sacrilege but his fellow is not guilty. If he built it into his house he is not guilty of Sacrilege unless he dwells under it [and enjoys the use of it] to the value of one perutah. If he took away a perutah belonging to the Temple, he is not guilty of Sacrilege; but if he gave it to his fellow he himself is guilty of Sacrilege but his fellow is not guilty. If he gave it to a bath-keeper even though he did not bathe he is guilty of Sacrilege, since the other [as it were] says to him, ‘The bath is open: go and bathe’.
5. What he has eaten and what his fellow has eaten, what he has used and what his fellow has used, what he has eaten and what his fellow has used, what he has used and what his fellow has eaten, these can be included together2 even though long time intervened.
6. 1. If an agent performed his appointed errand [and thereby committed an act of Sacrilege] it is the householder that is guilty; but if he had not performed his appointed errand, it is the agent that is guilty of the Sacri¬ lege.3 Thus if he said to him, ‘Give the guests flesh’, and he gave them \jver,4 or ‘[Give them] liver’, and he gave them flesh, it is the agent that is guilty of Sacrilege. If he said to him, ‘Give each one piece’,5 but he said [to them], ‘Take ye each two pieces’, and they each took three, they are all guilty of Sacrilege. If he said to him, ‘Bring [such a thing] to me from the wali-niche', or ‘from the chest’, and he brought aught to him,0 even though the householder said, ’I had meant only from thence’ and he • All three things belonging to the Temple.
1 To make up the forbidden perutah’s worth.
} Thus the rule prevailing with non-sacred property, that none may plead agency in excuse for transgression, does not apply to what is consecrated. See B.K. 8’ (end).
* Both of which belonged to the Temple.
5 From a dish the whole contents of which belonged to the Temple.
' Thereby committing an act of Sacrilege.
brought it to him from elsewhere, the householder is guilty of Sacrilege. But if he said, ‘Bring me [such a thing] from the wall- niche’, and he brought to him aught from the chest, or ‘from the chest’, and he brought to him aught from the wall-niche, it is the agent that is guilty of Sacrilege.
2. If he sent as his agent1 a deaf-mute, an imbecile, or a minor, and they performed their appointed errand, it is the householder that is guilty of Sacrilege. If they did not perform their appointed errand it is the shop¬ keeper that is guilty of Sacrilege. If he sent by one of sound senses and he3 bethought himself before he reached the shopkeeper, it is the shopkeeper that is guilty of Sacrilege when he delivers [his wares].3 What should [the householder] do? He should take a perutah or any article and say, ‘The perutah which belongs to the Temple, wheresoever the perutah may be, let it be redeemed with this’, for what belongs to the Temple can be re¬ deemed either by money or by money’s "worth.4 3. If he gave him a perutah 5 and said to him, ‘Bring me lamps6 for half of it and wicks for the other half’, and he went and brought him lamps with the whole of it, or wicks with the whole of it; or if he said to him, ‘Bring me lamps for the whole of it’ or ‘wicks for the whole of it’, and he went and brought him lamps with the half of it and wicks with the other half, neither of them7 is guilty of Sacrilege. But if he said to him, ‘Bring me with half of it lamps from such a place, and with the other half wicks from such a place’, and he went and brought him lamps from where he should have brought wicks and wicks from where he should have brought lamps, it is the agent that is guilty of Sacrilege.8 * 4. If he gave him two perutahs5 and said, ‘Bring me a citron’, and he went and brought him a citron for the one perutah and a pomegranate for the other, they are both guilty of Sacrilege. R. Judah says: The householder is not guilty of Sacrilege, since he could say, ‘I wished for a large citron and thou hast brought me one that is small and bad’. If he gave him a golden denar 9 and said to him, ‘Bring me a shirt’, and he went and brought him a shirt for three selas10 and a cloak for three selas, they are both guilty of Sacrilege. R. Judah says: The householder is not guilty of Sacrilege, for he could say, ‘I wished for a big shirt and thou hast brought me one that is small and bad’.
5. If a man deposited money11 with a money-changer and it was tied up, he may not make use of it; therefore if he paid it out he is guilty of Sacri¬ lege; but if it was loose, he may make use of it; therefore if he paid it out he is not guilty of Sacrilege. If he deposited it with a householder, in neither case should he make use of it; therefore if he paid it out he is guilty of Sacrilege. The shopkeeper counts as a householder. So R. Meir. R. Judah says: As a money-changer.12 1 To buy food with money belonging to the Temple. 2 The householder.
3 Thereby acquiring the Temple’s money. The law of Sacrilege does not now apply to the householder who, by remembering that the money is the Temple’s, ceases to be a trans¬ gressor by error; and only he who acts in error can take advantage of the law of Sacrilege and atone for his offence. 4 Cf. Arak. 81.
s Which belonged to the Temple.
6 They were a species of small, roofed-in saucer, made of baked clay, with an aperture at the top to pour in oil and a spout or nozzle at the side which carried the wick.
7 Some texts read ‘both of them’. According to the ordinary reading the householder is guiltless since his errand was not fulfilled, and the agent is guiltless since he only half ful¬ filled (i.e. to only half a perutah’ s worth) his appointed errand.
s He has not fulfilled his errand at all. 9 Twenty-five silver denars 10 Twelve denars. 11 Belonging to the Temple. 12 Cf. B.M. 3”.
FIFTH DIVISION: KODASHIM