401

One who profaned holy property must repay what he profaned plus a fifth and bring a sacrifice

The Luchos - Ten Commandments
וְאֵ֣ת אֲשֶׁר֩ חָטָ֨א מִן־הַקֹּ֜דֶשׁ יְשַׁלֵּ֗ם וְאֶת־חֲמִֽישִׁתוֹ֙ יוֹסֵ֣ף עָלָ֔יו וְנָתַ֥ן אֹת֖וֹ לַכֹּהֵ֑ן וְהַכֹּהֵ֗ן יְכַפֵּ֥ר עָלָ֛יו בְּאֵ֥יל הָאָשָׁ֖ם וְנִסְלַ֥ח לֽוֹ׃ - פָּרָשַׁת וַיִּקְרָא
Leviticus 5:16 - "And what he has trespassed against the holy thing he shall pay, and he shall add one fifth of its value to it, and he shall give it to the kohen. The kohen shall then make atonement for him through the ram of the guilt offering, and he shall be forgiven."

This Mitzvah's Summary

מִצְוָה עֲשֵׂה - Positive Commandment
מִצְוָה לֹא תַעֲשֶׂה - Negative Commandment
Temple – בֵּית הַמִּקְדָּשׁ

Anyone who misuses or derives benefit from sacred property must repay its value plus one-fifth and bring an asham (guilt) offering.

This mitzvah addresses me’ilah (trespass) against consecrated property. If one unintentionally benefits from hekdesh (items dedicated to the Temple), he must repay the principal, add a fifth (one-fifth of the principal’s value), and bring a ram as an asham me’ilah offering. Rambam (Hilchot Me’ilah 1:1–4) codifies that this law applies to both property consecrated for the altar and for Temple upkeep.

Sefer HaChinuch (Mitzvah 125) explains that the mitzvah safeguards reverence for the sacred, ensuring people treat consecrated property with utmost care. The Talmud (Kiddushin 54a) elaborates that the added fifth serves both as a penalty and a spiritual correction, while the sacrifice provides atonement. Rashi (Lev. 5:16) emphasizes that restitution must go directly to the Kohanim. Ramban highlights that the combination of monetary repayment and sacrifice reflects both the communal and spiritual dimensions of sin against holy property.

Commentary & Classical Explanation:

  • Rambam (Hilchot Me’ilah 1:1–4): Requires repayment plus one-fifth and an asham.
  • Sefer HaChinuch (Mitzvah 125): Says this law preserves sanctity of hekdesh.
  • Talmud (Kiddushin 54a): Explains the added fifth as both fine and correction.
  • Rashi (Lev. 5:16): Notes restitution is paid to Kohanim.
  • Ramban (Lev. 5:16): Sees dual dimensions — financial restitution and spiritual repair.

Contrast with Secular Theft (Mitzvah 478):

  • In theft, restitution requires return of the stolen item or equivalent, plus fines in some cases.
  • In me’ilah, restitution includes an extra fifth and a sacrifice, showing that sin against hekdesh affects both finance and faith.
  • Rambam contrasts secular law and Temple law: theft wrongs man, me’ilah wrongs Hashem.

Parallel to Guilt Offerings (Mitzvah 355):

  • Both require a ram as an asham offering.
  • The asham me’ilah is unique in combining monetary repayment with sacrifice.
  • Talmud (Zevachim 106a) notes that the asham me’ilah symbolizes restoration of Divine trust.
(Source: Chabad.org)

Applying this Mitzvah Today

Notes on this Mitzvah's Fundamentals

Temple – בֵּית הַמִּקְדָּשׁ

  • Rambam (Hilchot Me’ilah 1:1) establishes that both items sanctified for the altar and for Temple upkeep are included in me’ilah. This ensures that the Temple is safeguarded from casual misuse. The Sifra (Vayikra 5:16) expands that even small benefits taken from sacred property constitute me’ilah, underscoring that the Temple embodies Hashem’s dwelling and demands careful boundaries. Ramban explains this mitzvah cultivates awe for the Mikdash itself, reminding Israel that holiness infuses not only rituals but also physical property.

Sacrifices – קָרְבָּנוֹת

  • The Talmud (Kiddushin 54a) rules that restitution alone is insufficient — an asham me’ilah is essential for forgiveness. Rambam (Hilchot Me’ilah 1:4) codifies this: the sacrifice atones for spiritual trespass, while repayment repairs the monetary side. Sefer HaChinuch (125) notes that this dual structure embodies the principle that sins against hekdesh require both material and spiritual correction. Midrash Rabbah (Vayikra 5:16) adds that the offering is a reminder that all blessings flow from Hashem, making sacrifices an act of humility.

Mizbeach – מִזְבֵּחַ

  • Ramban (Lev. 5:16) writes that misuse of consecrated items diminishes the sanctity of the Mizbeach, since its service depends on intact hekdesh. The altar stands as the bridge between Israel and Heaven, and me’ilah fractures that connection. The Talmud (Zevachim 106a) teaches that the asham me’ilah restores balance, symbolically “repairing” the breach in the Mizbeach’s order of offerings. This emphasizes that holiness is not abstract but requires concrete repair.

Priests – כֹּהֲנִים

  • Rashi (Lev. 5:16) clarifies that restitution must be given to the Kohanim, reinforcing their role as guardians of sanctity and mediators of kapparah. Sefer HaChinuch adds that giving the restitution to priests acknowledges their position as caretakers of hekdesh, emphasizing that Israel’s connection to the Temple is facilitated through their service. Midrash Tanchuma (Tzav 14) further explains that the Kohanim’s receipt of restitution shows how holiness and community leadership are intertwined.

Holiness – קְדֻשָּׁה

  • Sefer HaChinuch (125) explains that the added fifth symbolizes “raising” holiness — a tangible expression of heightened reverence. The Talmud (Bava Kamma 110b) parallels this penalty to deterrents in civil law, showing that holiness is guarded with even stricter measures. Rambam (Moreh Nevuchim III:46) stresses that sanctity must never be reduced to ordinary use; the law of me’ilah trains the heart to treat holy things with awe, ensuring Israel does not profane Hashem’s Name through negligence.

Faith – אֱמוּנָה

  • Rambam teaches that misuse of hekdesh reveals a lapse in faith, as though one doubts Hashem’s ownership of consecrated things. The Talmud (Berachot 35a) reminds that everything belongs to Hashem until man sanctifies it through blessing — how much more so with consecrated property. Midrash Rabbah (Vayikra 22:14) interprets me’ilah as a challenge to emunah, since it treats holy as mundane; the restitution and offering reaffirm trust that Hashem’s presence permeates material reality.

Justice – צֶדֶק

  • Talmud (Bava Kamma 110b) contrasts me’ilah with theft: both require restitution, but me’ilah demands more because sin against Heaven strikes deeper. Rambam (Sefer HaMitzvot, Neg. 118) stresses that justice with hekdesh is stricter than between people, teaching Israel that ultimate justice is before Hashem. Ramban explains that adding a fifth is not merely penalty but an ethical training — teaching overcompensation when holiness is violated, making the sinner more accountable than in ordinary cases of theft.

Bein Adam L’Makom – בֵּין אָדָם לְמָקוֹם

  • Rambam (Hilchot Me’ilah 8:8) emphasizes that me’ilah is purely Bein Adam L’Makom: there is no human victim, only trespass against Hashem’s sanctity. Talmud (Kiddushin 54a) shows that even unintentional misuse requires kapparah, highlighting how sensitive the covenant is. Sefer HaChinuch explains that this mitzvah refines awe and loyalty to Hashem, reminding Israel that all kedushah belongs ultimately to Him.

This Mitzvah's Fundamental Badges

Temple - בֵּית הַמִּקְדָּשׁ

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Concerns the Beit HaMikdash, korbanot (offerings), and priestly service.

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Holiness - קְדֻשָּׁה

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Represents the concept of  spiritual intentionality, purity, and sanctity—set apart for a higher purpose.

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Faith - אֱמוּנָה

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Represents Emunah—the deep, inner trust in Hashem’s presence, oneness, and constant involvement in our lives. This badge symbolizes a heartfelt connection to G-d, rooted in belief even when we cannot see. It is the emotional and spiritual core of many mitzvot.

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Between a person and G-d - בֵּין אָדָם לְמָקוֹם

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Mitzvot that define and deepen the relationship between a person and their Creator. These include commandments involving belief, prayer, Shabbat, festivals, sacrifices, and personal holiness — acts rooted in divine connection rather than human interaction.

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