Meilah, Chapter 3, Mishnah 4. Our chapter has been tracing the borders of me'ilah: which consecrated items carry the law of misuse, which have already released it, and which never took it on at all. This mishnah applies those principles to two very different subjects, the leftovers of the daily service inside the Heichal, and birds that were dedicated at the wrong stage of their lives.
The ketoret and the menorah
Ketoret, once it has been sanctified, falls under the law of me'ilah. Every morning the kohanim cleaned out the golden altar inside the Heichal, gathering up whatever ash was left there from the previous day's incense. Wicks and oil of the menorah stand in exactly the same position: sanctification brings them under me'ilah as well. Each day the lamps were cleared of whatever the day before had left in them, burnt-out wicks together with ash, and this material was laid down in the azarah, on the ground just east of the ramp leading up to the outer mizbe'ach. That location was also where the terumat hadeshen, the ash lifted from the outer altar, was deposited. Our mishnah asks what the halachic standing of these remnants is once they have arrived there.
The mishnah teaches: "Dishun mizbe'ach hapenimi vehamenorah", the ash of the inner mizbe'ach and of the menorah, "lo nehenin velo mo'alin", one may not derive benefit from them, but one who did derive benefit has not transgressed me'ilah.
This follows a principle already established earlier in the masechet: an object whose mitzvah has been performed no longer carries liability for me'ilah. For the incense ash, the mitzvah reached its completion the moment the ash was carried out and laid beside the ramp. The menorah's used wicks, its leftover oil and its other remnants are governed by the same logic: from the moment they left the Heichal and reached their appointed place, no further obligation clung to them. The avodah demanded nothing more of them, and with that the me'ilah liability lapsed.
Alongside the terumat hadeshen
As mentioned, this is the same spot where the terumat hadeshen was deposited, the ash lifted from the outer mizbe'ach and placed beside the ramp. Regarding that ash there is a special consideration: the pesukim establish a mitzvah that it remain in its place permanently, so that one who makes use of it afterward transgresses a Torah prohibition. Even so, the ruling is the same, lo nehenin velo mo'alin. One is forbidden to benefit from it, yet one who did benefit is not liable for me'ilah. The prohibition of benefit here operates on the level of a rabbinic enactment: the Chachamim forbade deriving any benefit from these remains even after their mitzvah had been fully completed.
Dedicating the ash anew
"Hamakdish dishun batechilah", one who consecrates ash anew. Consider someone who takes hold of ash that has already been removed and laid down in the azarah, ash over which me'ilah no longer has any hold, since every mitzvah bound up with it has been discharged. He takes possession of it, and then declares it hekdesh a second time. From that moment the ash bears kedushah all over again, notwithstanding that its original service was concluded long before. Should he now benefit from it, he is liable for me'ilah, because as things stand the ash is sanctified property belonging to the Mikdash.
Turim and bnei yonah
Two kinds of birds may be brought as korbanot, turim and bnei yonah. Turim, doves, are fit only when they are older; bnei yonah, young pigeons, are fit only while they are still young. The mishnah now asks whether me'ilah applies to these birds when they are dedicated at a stage when they cannot be offered.
"Torin shelo higi'a zemanan uvnei yonah she'avar zemanan", turim whose time has not yet arrived, meaning they are still too young to be offered, and bnei yonah whose time has already passed, meaning they have grown too old, "lo nehenin velo mo'alin". One may not benefit from them, but one who benefited has not transgressed me'ilah, since at this point they simply cannot be brought on the mizbe'ach.
The principle behind this is that me'ilah applies only to that which is mikodshei Hashem, that which is holy to Hashem. A bird that cannot be offered does not fall into that category, and therefore it is exempt from me'ilah.
Rabbi Shimon differs. "Rabbi Shimon omer", Rabbi Shimon says, "torin shelo higi'a zemanan mo'alin bahen", doves that have not yet reached their proper age do carry liability for me'ilah. In his view, a bird destined to mature into a state of fitness for the mizbe'ach already bears the title kodshei Hashem, even during the stage when it could not yet be brought as a korban.
"Uvnei yonah she'avar zemanan lo nehenin velo mo'alin", but bnei yonah whose time has passed remain forbidden to benefit from while carrying no liability for me'ilah. These birds will never become fit again; they only continue to grow older. On this point Rabbi Shimon agrees with the Tanna Kamma that me'ilah does not apply.