Eating Hekdesh
In earlier posts we talked about the prohibition of "Lo ta'asun keyn lashem Elokechem" - not to cause destruction to holy items [as opposed to idols where it is a mitzva to destroy].
What is the halacha if one EATS kodshim [that he is not allowed to eat]. Do we say that he is destroying Hekdesh and he would be guilty or maybe since the person benefits it is not considered an act of destruction?
The Chelkas Yoav [O"C 4] says that he is definitely guilty of meilah but not the prohibition of "lo taasun" - because as long as the person derives pleasure it cannot be considered an act of destruction. The rationale is that the prohibition is connected to the mitzva of destroying idols and the halacha is that if one EATS or DRINKS what was sacrificed to the idol one does not fulfill a mitzva [Ramban Pesachim 2a], so too, one does not transgress if he eats or drinks hekdesh.
The Chelkas Yoav asks from the gemara [Makkos 22a] that says that if one cooks with the wood of hekdesh he receives lashes because of "lo taasun", so we see that even if we destroy for the benefit of a person it is considered destructive? He answers that there we are talking about a case where he cooked meat and milk together [which is forbidden for one to derive benefit from] and therefore in the end he will receive no benefit from what he cooked.
What is the halacha if one EATS kodshim [that he is not allowed to eat]. Do we say that he is destroying Hekdesh and he would be guilty or maybe since the person benefits it is not considered an act of destruction?
The Chelkas Yoav [O"C 4] says that he is definitely guilty of meilah but not the prohibition of "lo taasun" - because as long as the person derives pleasure it cannot be considered an act of destruction. The rationale is that the prohibition is connected to the mitzva of destroying idols and the halacha is that if one EATS or DRINKS what was sacrificed to the idol one does not fulfill a mitzva [Ramban Pesachim 2a], so too, one does not transgress if he eats or drinks hekdesh.
The Chelkas Yoav asks from the gemara [Makkos 22a] that says that if one cooks with the wood of hekdesh he receives lashes because of "lo taasun", so we see that even if we destroy for the benefit of a person it is considered destructive? He answers that there we are talking about a case where he cooked meat and milk together [which is forbidden for one to derive benefit from] and therefore in the end he will receive no benefit from what he cooked.
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