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1) TO WHAT DOES ME'ILAH APPLY?

(a) (Rav): There is only 1 case where R. Meir says that if Hekdesh is used unintentionally, it remains Hekdesh, and if used intentionally, it becomes Chulin - this is the (service) garments of the Kohanim which have not worn out.

1. This is because the Torah allows them to benefit from them - they are not as angels that could instantaneously remove them after serving in the Mikdash!

(b) (Beraisa - R. Meir): Garments of the Kohanim which have worn out - Me'ilah applies to them.
(c) Suggestion: Really, this is true even if they didn't wear out.
(d) Rejection: No, only if they wore out.
(e) (Beraisa - R. Meir): One transgresses Me'ilah by using new (this year's) Shekalim (that were given to buy communal sacrifices), not with old Shekalim;

1. R. Yehudah says, Me'ilah applies even to old Shekalim.
2. R. Meir is consistent with another of his teachings, that Me'ilah does not apply to Shekalim that were left in the chamber (of Shekalim, that were not taken when we take coins from the chamber to buy sacrifices).
3. Question: We should say, since people are not angels and cannot avoid benefiting from the walls and other needs of Yerushalayim which are financed from the leftover Shekalim, Me'ilah does not apply to them!

i. (Mishnah): The walls, towers and all needs of Yerushalayim are financed from the leftover Shekalim,

4. Correction: The Beraisa should say 'R. Yehudah', not 'R. Meir'.

(f) Question (Beraisa - R. Yishmael bar R. Yitzchak): Stones of Yerushalayim that came loose - R. Meir says, Me'ilah applies to them.
(g) Correction: The Beraisa should say 'R. Yehudah', not 'R. Meir'.
(h) Question: But R. Yehudah holds that Yerushalayim is not Hekdesh!

1. (Mishnah): One who says 'This item should be as a lamb (he refers to the daily sacrifice), (or) as the pen (of Kodshim animals), as the wood (for the Altar), as the fires (on the Altar), as the Heichal, as the Altar, as Yerushalayim' (this is as vowing, the item is forbidden as a sacrifice);
2. R. Yehudah says, one who says 'Yerushalayim', this does nothing.
3. Suggestion: Perhaps R. Yehudah admits that if he says 'As Yerushalayim', this is a vow.
4. Rejection: R. Yehudah says, one who says 'As Yerushalayim', this does nothing - the vow must equate the item to something offered in Yerushalayim.

(i) Answer: Tanaim argue regarding R. Yehudah's opinion (the Tana of the Beraisa holds that R. Yehudah says that 'As Yerushalayim' is a vow).
(j) (Ula): R. Meir says that if Hekdesh is used intentionally, it becomes Chulin; if it is used unintentionally, it remains Hekdesh;

1. He only says that there is Me'ilah unintentionally regarding that the transgressor must bring a sacrifice.
2. Objection: If the Hekdesh remains Hekdesh, why does he bring a sacrifice?!

(k) (Ravin): R. Meir says that if Hekdesh is used intentionally, it becomes Chulin; if it is used unintentionally, it remains Hekdesh;

1. The only time Hekdesh becomes profaned unintentionally is when it was eaten.

(a) (Rav Nachman): The law is as R. Meir regarding Ma'aser, because an unspecified Mishnah is as R. Meir;

1. The law is as R. Yehudah regarding Hekdesh, because an unspecified Mishnah is as R. Yehudah.

(b) (Mishnah - Beis Shamai): Revai (fourth year produce) of a vineyard - one does not add a fifth when redeeming it, it need not be eradicated at the time of Bi'ur;

1. (Beis Hillel): These laws do apply to it.

(c) (Beis Shamai): One must leave for the poor (from Revai grapes) Peret and Olelos (grapes that drop during harvesting, or were not on proper clusters);

1. (Beis Hillel): (These laws do not apply) - the owner takes all the grapes.

(d) Question: What is the reason of Beis Hillel?
(e) Answer: They learn a Gezeirah Shavah "Kodesh-Kodesh" from Ma'aser.

1. Just as adding a fifth and Bi'ur apply to Ma'aser, also to Revai.
2. Beis Shamai do not learn the Gezeirah Shavah.
3. Question: Do Beis Hillel hold as R. Meir or R. Yehudah regarding Ma'aser?

i. Suggestion: If as R. Yehudah (that Ma'aser is Chulin) - Revai should also be Chulin, one should have to leave Peret and Olelos!

4. Answer: Rather, they hold as R. Meir. (Beis Hillel is considered as an unspecified Mishnah.)

(f) Question: Which unspecified Mishnah is as R. Yehudah regarding Hekdesh?
(g) Answer (Mishnah): The Gizbar (treasurer of Hekdesh) sent Reuven to buy something with money (which was Hekdesh). If the Gizbar remembered (that it was Hekdesh) before Reuven gave the money to the grocer, the grocer will transgress Me'ilah when he spends the money.
(h) Question: But there is also an unspecified Mishnah as R. Yehudah regarding Ma'aser!

1. (Mishnah): One who redeems his Ma'aser Sheni must add a fifth, whether he grew it or it was given to him as a gift.
2. Question: As whom is this Mishnah?

i. Suggestion: If as R. Meir - but he holds, Ma'aser Sheni is considered Hash-m's, it cannot be given as a gift!

3. Answer: Rather, it is as R. Yehudah.
4. Rejection: Really, it is as R. Meir; untithed produce was given as a gift, and the receiver separated Ma'aser Sheni from it.

i. R. Meir holds, we do not consider tithes to be separated until they actually are separated.

(i) (Mishnah): One who redeems his Revai must add a fifth, whether he grew it or it was given to him as a gift.
(j) Question: As whom is this Mishnah?

1. Suggestion: If as R. Meir - but he holds, Revai is as Ma'aser Sheni (because of the Gezeirah Shavah), which is considered Hash-m's, it cannot be given as a gift!

(k) Answer: Rather, it is as R. Yehudah.
(l) Rejection: Really, it is as R. Meir; the grapes were given before they were ripe;

1. He does not hold as R. Yosi, who says that unripe grapes are considered as grapes regarding Orlah (and Revai).

(m) (Mishnah): A man did Meshichah on Ma'aser Sheni (to buy it) when the value was 1 Sela, but he did not redeem it until the value was 2 Sela'im - he acquires it for 1 Sela, it is his.
(n) Question: As whom is the Mishnah?

1. Suggestion: If as R. Meir - he holds, Ma'aser is as Hash-m's - "He will give the money", (then) "It will be to him" (2 Sela'im should be needed to redeem it)!

(o) Answer: Rather, it is as R. Yehudah.

1. The law is as R. Meir because 2 unspecified Mishnayos are as R. Meir, only 1 is as R. Yehudah.
2. Question: That is no reason to decide that the law is as R. Meir!
3. Answer (Rav Nachman bar Yitzchak): The law is as R. Meir because a Mishnah in tractate Idiyos is as R. Meir.