If one mistakenly uses sacred property (“Hekdesh”) for personal benefit, he has committed “Me’ila,” an act which imposes upon him a number of obligations. One obligation is to pay a “Homesh” – a penalty of one-fifth the value of the benefit he derived. He must pay the treasury of the Bet Ha’mikdash not only the actual value of the benefit he received, but also an additional one-fifth. The Torah introduces this command in Parashat Vayikra (5:16): “Va’hamishito Yosef Alav” (“…and he must add onto it one-fifth”).

The Sefer Ha’hinuch explains that the Torah imposed this penalty as a deterrent, in order that people will exercise caution and ensure to avoid accidental desecration of sacred property.

Once a person mistakenly uses a sacred item for personal benefit, the item is divested of its status of sanctity. Therefore, Halacha establishes that “En Mo’el Ahar Mo’el” – if somebody else then derives benefit from the item, he has no obligation to pay anything, since the item was no longer sacred at the time he benefited from it. If, however, somebody intentionally benefited from a sacred item, and then somebody benefited from that item accidentally, the second fellow is indeed obligated to pay, since the item had been sacred and it was he who caused it to lose its status of sanctity.

Certain items possess what is known as “Kedushat Ha’guf” – intrinsic sanctity, and do not lose their status even after Me’ila has been committed. Specifically, animals which have been consecrated to be offered as a sacrifice, and the sacred utensils of the Bet Ha’mikdash, retain their status of sanctity, and therefore even after one has mistakenly made personal use of these items, others who do so are likewise required to pay.

In order to be considered an act of Me’ila, the benefit which one received must be worth at least one Peruta (the smallest unity of currency).

The laws of Me’ila do not apply in a case where a non-Kohen ate sacrificial meat which is allowed only for Kohanim, if he ate it after the meat became permissible for Kohanim. Once the blood of a Hatat (sin offering) or Asham (guilt offering) has been sprinkled, the meat is then allowed to be eaten by the Kohanim. If a non-Kohen unlawfully partakes of such meat at this point, this does not constitute Me’ila, because he ate the meat at a time when it was already permissible for human consumption. Although he acted wrongly by eating the meat, this does not fall under the law of Me’ila, and he is not required to pay. This Halacha applies even if he ate the meat after it had, for whatever reason, become disqualified for consumption. Since it had become permissible for consumption, this meat is no longer subject to Me’ila, even after it subsequently becomes invalid for consumption.

It should be noted that whenever the Torah requires paying a “Homesh” (“one-fifth”), it does not mean 20 percent. A “Homesh” of $100, for example, is calculated by dividing 100 into four – yielding a quotient of 25 – and then adding that value to the principal. Thus, when one is required to pay the principal plus a “Homesh,” and the principal is $100, he must pay $125 (a 25 percent penalty).

This law, of course, applies only in the times of the Bet Ha’mikdash, and it applies to both men and women. As mentioned earlier, this applies only to one who derived benefit from sacred property accidentally. Separate laws apply to one who intentionally derived personal benefit from sacred property.

The Sefer Ha’hinuch writes that if somebody is uncertain whether he derived benefit from sacred property, then he is exempt from both the sacrifice which would normally be required, and from payment. He does not bring the sacrifice because if he had not, in fact, derived benefit from the item in question, then his atonement sacrifice is not a real sacrifice, and he will thus be in violation of sacrificing an ordinary animal in the Bet Ha’mikdash. As for the monetary payment, there is a famous rule that “Ha’mosi Me’habero Alav Ha’re’aya” – one who wishes to extract money from his fellow bears the burden of proof. Since it is uncertain whether this payment is required, it is the Temple treasury which must prove that Me’ila has occurred in order for the person to be required to pay. As long as the payment requirement is uncertain, the individual cannot be obligated to pay the Temple treasury.

More lectures from Rabbi Eli Mansour

The Proper Kavana When Donning Tefilin

Moed Katan 15

Misva #127: Paying an Extra One-Fifth After Mistakenly Benefitting From Sacred Property

Parashat Mishpatim: Humility and Scholarship

How Many Berachot Are Recited on Tefilin?

Moed Katan 14