Введение
Трактат Мишна и Талмуда Меилах (меилах; "неправомерное использование имущества") — это трактат Седера Кодашим в Мишне, Тосефте и Вавилонском Талмуде. Он в основном посвящен точным предписаниям закона (Лев. 5:15–16) относительно жертвы за проступок и возмещению, которое должен внести тот, кто использовал и извлек выгоду из освященной вещи.
Me'ilah (; "misuse of property") is a tractate of Seder Kodashim in the Mishnah, Tosefta, and Babylonian Talmud. It deals chiefly with the exact provisions of the law (Lev. 5:15 16) concerning the trespass offering and the reparation which must be made by one who has used and enjoyed a consecrated thing.
Мишна
В мишнаическом порядке этот трактат является восьмым и содержит шесть глав, включающих в себя 38 параграфов. Его содержание можно обобщить следующим образом:
Chapter 1: Sacrifices in which trespass can occur; in what parts: in the most holy sacrifices ("ḳodshe ḳodashim") in all parts and in the partly holy ("kodashim kallim") in certain parts only. Cases in which trespass can occur and those in which it can not occur. Rule of R. Joshua that if the priests have once had the right to eat of a sacrifice no trespass can take place (§ 1). In this connection the question is raised whether there can be a trespass in the case of those parts of the sacrifice which have been removed from the sanctuary before the sprinkling of the blood (§§ 2 3). Effects of the sprinkling upon the sacrificial animal with regard to trespass (§ 4). Chapter 2: The time after which a trespass can take place in the various meat offerings, the different offerings of food, the Pentecostal bread, and the showbread. Closely allied with this is the determination of the time after which the different sacrifices may be invalidated by certain errors, and the period after which one may become guilty of "piggul" (abomination), "notar" (leaving something over from the sacrifice), and "ṭame" (impurity) in connection with them (§§ 1 9),
Chapter 3: An enumeration of many things of which one may not partake, although if he does so, he is not guilty of trespass. This leads to a discussion of other regulations concerning certain of these things, as well as of the question whether and in what case one may be guilty of trespass in connection with objects belonging to or found upon certain consecrated things, such as grass in a consecrated field, the fruit of a consecrated tree (§ 6), and the foliage in a consecrated wood (§ 8). Chapter 4: The combination of various sacrifices in reckoning the minimum amount necessary to be used in order to constitute trespass (§§ 1 2). In this connection many more kinds of combinations are given with relation to other legal and ritual questions. Chapter 5: Determination of a peruṭa, the smallest coin, as the minimum value which the use of holy objects must have to make one guilty of trespass. Discussion of the question whether the use made of a consecrated object must be worth a peruṭa or whether the amount of the object consumed by this usage must equal a peruṭa; in connection with which a distinction is made between different objects (§ 1). The commission of trespass by various persons successively upon the same object. Chapter 6: Cases in which the trespass has been committed by proxy. The principle is laid down that if the agent has acted precisely in accordance with his orders, the person who gave such orders is guilty of the trespass; but if the agent has not so acted, he himself is guilty of the trespass. Enumeration of different examples (§§ 1 5). Cases in which neither of the two is guilty of trespass and instances in which both trespass (§ 4).
Глава 1: Жертвы, в отношении которых возможно нарушение; в каких частях: в самых святых жертвоприношениях ("ḳodshe ḳodashim") – во всех частях, а в частично святых ("kodashim kallim") – только в определенных частях. Случаи, когда нарушение возможно, и те, когда оно невозможно. Правило р. Иешуа, что если священники однажды получили право употребить жертву в пищу, то нарушения уже не может быть (§ 1). В связи с этим возникает вопрос, может ли быть нарушение в случае тех частей жертвы, которые были удалены из Святилища до окропления кровью (§§ 2–3). Влияние окропления на жертвенное животное в отношении возможности нарушения (§ 4).
Chapter 1: Sacrifices in which trespass can occur; in what parts: in the most holy sacrifices ("ḳodshe ḳodashim") in all parts and in the partly holy ("kodashim kallim") in certain parts only. Cases in which trespass can occur and those in which it can not occur. Rule of R. Joshua that if the priests have once had the right to eat of a sacrifice no trespass can take place (§ 1). In this connection the question is raised whether there can be a trespass in the case of those parts of the sacrifice which have been removed from the sanctuary before the sprinkling of the blood (§§ 2 3). Effects of the sprinkling upon the sacrificial animal with regard to trespass (§ 4). Chapter 2: The time after which a trespass can take place in the various meat offerings, the different offerings of food, the Pentecostal bread, and the showbread. Closely allied with this is the determination of the time after which the different sacrifices may be invalidated by certain errors, and the period after which one may become guilty of "piggul" (abomination), "notar" (leaving something over from the sacrifice), and "ṭame" (impurity) in connection with them (§§ 1 9),
Chapter 3: An enumeration of many things of which one may not partake, although if he does so, he is not guilty of trespass. This leads to a discussion of other regulations concerning certain of these things, as well as of the question whether and in what case one may be guilty of trespass in connection with objects belonging to or found upon certain consecrated things, such as grass in a consecrated field, the fruit of a consecrated tree (§ 6), and the foliage in a consecrated wood (§ 8). Chapter 4: The combination of various sacrifices in reckoning the minimum amount necessary to be used in order to constitute trespass (§§ 1 2). In this connection many more kinds of combinations are given with relation to other legal and ritual questions. Chapter 5: Determination of a peruṭa, the smallest coin, as the minimum value which the use of holy objects must have to make one guilty of trespass. Discussion of the question whether the use made of a consecrated object must be worth a peruṭa or whether the amount of the object consumed by this usage must equal a peruṭa; in connection with which a distinction is made between different objects (§ 1). The commission of trespass by various persons successively upon the same object. Chapter 6: Cases in which the trespass has been committed by proxy. The principle is laid down that if the agent has acted precisely in accordance with his orders, the person who gave such orders is guilty of the trespass; but if the agent has not so acted, he himself is guilty of the trespass. Enumeration of different examples (§§ 1 5). Cases in which neither of the two is guilty of trespass and instances in which both trespass (§ 4).
Глава 2: Время, после которого возможно нарушение в различных хлебных приношениях, различных пищевых приношениях, хлебе, посвященном Пятидесятнице, и хлебе предложения. Тесно связан с этим вопрос об определении времени, после которого различные жертвы могут быть признаны недействительными из-за определенных ошибок, и периода, после которого человек может стать виновным в "пиггуле" (скверне), "нотаре" (оставлении части жертвы) и "таме" (нечистоте) в связи с ними (§§ 1–9).
Chapter 1: Sacrifices in which trespass can occur; in what parts: in the most holy sacrifices ("ḳodshe ḳodashim") in all parts and in the partly holy ("kodashim kallim") in certain parts only. Cases in which trespass can occur and those in which it can not occur. Rule of R. Joshua that if the priests have once had the right to eat of a sacrifice no trespass can take place (§ 1). In this connection the question is raised whether there can be a trespass in the case of those parts of the sacrifice which have been removed from the sanctuary before the sprinkling of the blood (§§ 2 3). Effects of the sprinkling upon the sacrificial animal with regard to trespass (§ 4). Chapter 2: The time after which a trespass can take place in the various meat offerings, the different offerings of food, the Pentecostal bread, and the showbread. Closely allied with this is the determination of the time after which the different sacrifices may be invalidated by certain errors, and the period after which one may become guilty of "piggul" (abomination), "notar" (leaving something over from the sacrifice), and "ṭame" (impurity) in connection with them (§§ 1 9),
Chapter 3: An enumeration of many things of which one may not partake, although if he does so, he is not guilty of trespass. This leads to a discussion of other regulations concerning certain of these things, as well as of the question whether and in what case one may be guilty of trespass in connection with objects belonging to or found upon certain consecrated things, such as grass in a consecrated field, the fruit of a consecrated tree (§ 6), and the foliage in a consecrated wood (§ 8). Chapter 4: The combination of various sacrifices in reckoning the minimum amount necessary to be used in order to constitute trespass (§§ 1 2). In this connection many more kinds of combinations are given with relation to other legal and ritual questions. Chapter 5: Determination of a peruṭa, the smallest coin, as the minimum value which the use of holy objects must have to make one guilty of trespass. Discussion of the question whether the use made of a consecrated object must be worth a peruṭa or whether the amount of the object consumed by this usage must equal a peruṭa; in connection with which a distinction is made between different objects (§ 1). The commission of trespass by various persons successively upon the same object. Chapter 6: Cases in which the trespass has been committed by proxy. The principle is laid down that if the agent has acted precisely in accordance with his orders, the person who gave such orders is guilty of the trespass; but if the agent has not so acted, he himself is guilty of the trespass. Enumeration of different examples (§§ 1 5). Cases in which neither of the two is guilty of trespass and instances in which both trespass (§ 4).
Глава 3: Перечисление многих вещей, употребление которых запрещено, хотя если человек употребит их, он не будет виновен в нарушении. Это приводит к обсуждению других предписаний, касающихся некоторых из этих вещей, а также вопроса о том, может ли и в каких случаях человек быть виновным в нарушении в связи с предметами, принадлежащими или найденными на освященных вещах, таких как трава на освященном поле, плоды освященного дерева (§ 6) и листва в освященном лесу (§ 8).
Chapter 1: Sacrifices in which trespass can occur; in what parts: in the most holy sacrifices ("ḳodshe ḳodashim") in all parts and in the partly holy ("kodashim kallim") in certain parts only. Cases in which trespass can occur and those in which it can not occur. Rule of R. Joshua that if the priests have once had the right to eat of a sacrifice no trespass can take place (§ 1). In this connection the question is raised whether there can be a trespass in the case of those parts of the sacrifice which have been removed from the sanctuary before the sprinkling of the blood (§§ 2 3). Effects of the sprinkling upon the sacrificial animal with regard to trespass (§ 4). Chapter 2: The time after which a trespass can take place in the various meat offerings, the different offerings of food, the Pentecostal bread, and the showbread. Closely allied with this is the determination of the time after which the different sacrifices may be invalidated by certain errors, and the period after which one may become guilty of "piggul" (abomination), "notar" (leaving something over from the sacrifice), and "ṭame" (impurity) in connection with them (§§ 1 9),
Chapter 3: An enumeration of many things of which one may not partake, although if he does so, he is not guilty of trespass. This leads to a discussion of other regulations concerning certain of these things, as well as of the question whether and in what case one may be guilty of trespass in connection with objects belonging to or found upon certain consecrated things, such as grass in a consecrated field, the fruit of a consecrated tree (§ 6), and the foliage in a consecrated wood (§ 8). Chapter 4: The combination of various sacrifices in reckoning the minimum amount necessary to be used in order to constitute trespass (§§ 1 2). In this connection many more kinds of combinations are given with relation to other legal and ritual questions. Chapter 5: Determination of a peruṭa, the smallest coin, as the minimum value which the use of holy objects must have to make one guilty of trespass. Discussion of the question whether the use made of a consecrated object must be worth a peruṭa or whether the amount of the object consumed by this usage must equal a peruṭa; in connection with which a distinction is made between different objects (§ 1). The commission of trespass by various persons successively upon the same object. Chapter 6: Cases in which the trespass has been committed by proxy. The principle is laid down that if the agent has acted precisely in accordance with his orders, the person who gave such orders is guilty of the trespass; but if the agent has not so acted, he himself is guilty of the trespass. Enumeration of different examples (§§ 1 5). Cases in which neither of the two is guilty of trespass and instances in which both trespass (§ 4).
Глава 4: Сочетание различных жертв при определении минимального количества, необходимого для наступления нарушения (§§ 1–2). В связи с этим приводится множество других комбинаций в отношении различных юридических и ритуальных вопросов.
Chapter 1: Sacrifices in which trespass can occur; in what parts: in the most holy sacrifices ("ḳodshe ḳodashim") in all parts and in the partly holy ("kodashim kallim") in certain parts only. Cases in which trespass can occur and those in which it can not occur. Rule of R. Joshua that if the priests have once had the right to eat of a sacrifice no trespass can take place (§ 1). In this connection the question is raised whether there can be a trespass in the case of those parts of the sacrifice which have been removed from the sanctuary before the sprinkling of the blood (§§ 2 3). Effects of the sprinkling upon the sacrificial animal with regard to trespass (§ 4). Chapter 2: The time after which a trespass can take place in the various meat offerings, the different offerings of food, the Pentecostal bread, and the showbread. Closely allied with this is the determination of the time after which the different sacrifices may be invalidated by certain errors, and the period after which one may become guilty of "piggul" (abomination), "notar" (leaving something over from the sacrifice), and "ṭame" (impurity) in connection with them (§§ 1 9),
Chapter 3: An enumeration of many things of which one may not partake, although if he does so, he is not guilty of trespass. This leads to a discussion of other regulations concerning certain of these things, as well as of the question whether and in what case one may be guilty of trespass in connection with objects belonging to or found upon certain consecrated things, such as grass in a consecrated field, the fruit of a consecrated tree (§ 6), and the foliage in a consecrated wood (§ 8). Chapter 4: The combination of various sacrifices in reckoning the minimum amount necessary to be used in order to constitute trespass (§§ 1 2). In this connection many more kinds of combinations are given with relation to other legal and ritual questions. Chapter 5: Determination of a peruṭa, the smallest coin, as the minimum value which the use of holy objects must have to make one guilty of trespass. Discussion of the question whether the use made of a consecrated object must be worth a peruṭa or whether the amount of the object consumed by this usage must equal a peruṭa; in connection with which a distinction is made between different objects (§ 1). The commission of trespass by various persons successively upon the same object. Chapter 6: Cases in which the trespass has been committed by proxy. The principle is laid down that if the agent has acted precisely in accordance with his orders, the person who gave such orders is guilty of the trespass; but if the agent has not so acted, he himself is guilty of the trespass. Enumeration of different examples (§§ 1 5). Cases in which neither of the two is guilty of trespass and instances in which both trespass (§ 4).
Глава 5: Определение перуты, наименьшей монеты, как минимальной стоимости, которой должно быть использование священных предметов, чтобы человек был виновен в нарушении. Обсуждение вопроса о том, должно ли само использование освященного предмета стоить перуту, или количество потребленного предмета должно равняться перуте; в связи с этим проводится различие между различными предметами (§ 1). Совершение нарушения различными лицами последовательно в отношении одного и того же предмета.
Chapter 1: Sacrifices in which trespass can occur; in what parts: in the most holy sacrifices ("ḳodshe ḳodashim") in all parts and in the partly holy ("kodashim kallim") in certain parts only. Cases in which trespass can occur and those in which it can not occur. Rule of R. Joshua that if the priests have once had the right to eat of a sacrifice no trespass can take place (§ 1). In this connection the question is raised whether there can be a trespass in the case of those parts of the sacrifice which have been removed from the sanctuary before the sprinkling of the blood (§§ 2 3). Effects of the sprinkling upon the sacrificial animal with regard to trespass (§ 4). Chapter 2: The time after which a trespass can take place in the various meat offerings, the different offerings of food, the Pentecostal bread, and the showbread. Closely allied with this is the determination of the time after which the different sacrifices may be invalidated by certain errors, and the period after which one may become guilty of "piggul" (abomination), "notar" (leaving something over from the sacrifice), and "ṭame" (impurity) in connection with them (§§ 1 9),
Chapter 3: An enumeration of many things of which one may not partake, although if he does so, he is not guilty of trespass. This leads to a discussion of other regulations concerning certain of these things, as well as of the question whether and in what case one may be guilty of trespass in connection with objects belonging to or found upon certain consecrated things, such as grass in a consecrated field, the fruit of a consecrated tree (§ 6), and the foliage in a consecrated wood (§ 8). Chapter 4: The combination of various sacrifices in reckoning the minimum amount necessary to be used in order to constitute trespass (§§ 1 2). In this connection many more kinds of combinations are given with relation to other legal and ritual questions. Chapter 5: Determination of a peruṭa, the smallest coin, as the minimum value which the use of holy objects must have to make one guilty of trespass. Discussion of the question whether the use made of a consecrated object must be worth a peruṭa or whether the amount of the object consumed by this usage must equal a peruṭa; in connection with which a distinction is made between different objects (§ 1). The commission of trespass by various persons successively upon the same object. Chapter 6: Cases in which the trespass has been committed by proxy. The principle is laid down that if the agent has acted precisely in accordance with his orders, the person who gave such orders is guilty of the trespass; but if the agent has not so acted, he himself is guilty of the trespass. Enumeration of different examples (§§ 1 5). Cases in which neither of the two is guilty of trespass and instances in which both trespass (§ 4).
Глава 6: Случаи, когда нарушение было совершено через посредника. Устанавливается принцип, что если посредник действовал точно в соответствии с полученными указаниями, то виновным в нарушении является лицо, дававшее эти указания; если же посредник не действовал так, то виновным является он сам. Перечисление различных примеров (§§ 1–5). Случаи, когда ни один из двоих не виновен в нарушении, и случаи, когда виновны оба (§ 4).
Chapter 1: Sacrifices in which trespass can occur; in what parts: in the most holy sacrifices ("ḳodshe ḳodashim") in all parts and in the partly holy ("kodashim kallim") in certain parts only. Cases in which trespass can occur and those in which it can not occur. Rule of R. Joshua that if the priests have once had the right to eat of a sacrifice no trespass can take place (§ 1). In this connection the question is raised whether there can be a trespass in the case of those parts of the sacrifice which have been removed from the sanctuary before the sprinkling of the blood (§§ 2 3). Effects of the sprinkling upon the sacrificial animal with regard to trespass (§ 4). Chapter 2: The time after which a trespass can take place in the various meat offerings, the different offerings of food, the Pentecostal bread, and the showbread. Closely allied with this is the determination of the time after which the different sacrifices may be invalidated by certain errors, and the period after which one may become guilty of "piggul" (abomination), "notar" (leaving something over from the sacrifice), and "ṭame" (impurity) in connection with them (§§ 1 9),
Chapter 3: An enumeration of many things of which one may not partake, although if he does so, he is not guilty of trespass. This leads to a discussion of other regulations concerning certain of these things, as well as of the question whether and in what case one may be guilty of trespass in connection with objects belonging to or found upon certain consecrated things, such as grass in a consecrated field, the fruit of a consecrated tree (§ 6), and the foliage in a consecrated wood (§ 8). Chapter 4: The combination of various sacrifices in reckoning the minimum amount necessary to be used in order to constitute trespass (§§ 1 2). In this connection many more kinds of combinations are given with relation to other legal and ritual questions. Chapter 5: Determination of a peruṭa, the smallest coin, as the minimum value which the use of holy objects must have to make one guilty of trespass. Discussion of the question whether the use made of a consecrated object must be worth a peruṭa or whether the amount of the object consumed by this usage must equal a peruṭa; in connection with which a distinction is made between different objects (§ 1). The commission of trespass by various persons successively upon the same object. Chapter 6: Cases in which the trespass has been committed by proxy. The principle is laid down that if the agent has acted precisely in accordance with his orders, the person who gave such orders is guilty of the trespass; but if the agent has not so acted, he himself is guilty of the trespass. Enumeration of different examples (§§ 1 5). Cases in which neither of the two is guilty of trespass and instances in which both trespass (§ 4).
Тосефта и Гемара
В Тосефте, Меилах является седьмым трактатом и состоит всего из трех глав. Тем не менее, эти главы содержат все, что есть в шести главах Мишны, с небольшими сокращениями и дополнениями. Гемара к этому трактату почти полностью посвящена толкованию мишнайот, и содержит лишь одну аггаду, связанную с историей Бен Темалиона. Гемары к этому трактату в Иерусалимском Талмуде нет, равно как и к любому трактату порядка Кодашим.