daf bit: Meilah 18

[cellio]

A mishna on today's daf discusses deriving benefit from items that were dedicated to the temple. (This is not the case of theft but of "borrowing" without permission.) Rabbi Akiva says that one is always liable for appropriation (so long as a minimum value was derived), but the sages rule that for an item that deteriorates with use, one is liable only after one has caused deterioration. For items that do not deteriorate, however, one is liable immediately. For example, if you derive benefit from a necklace, ring, or golden cup you are liable, but if you derive benefit from clothing or an axe you are liable only after you have caused wear and tear. (18a)

Comments

[dvarin.livejournal.com]

Hm, that seems slightly odd from the modern PoV, mostly because it has no penalty for 'borrowing' deterioratable items but then using them in some way that does not cause them to deteriorate. Eg, using an axe to mark the edge of your field, or to threaten (but not strike) someone. I'd expect some system where all borrowing inflicted a penalty, but then if you also cause the item to deteriorate, you are additionally liable for theft of some portion of it (because you cannot return the item with all its remaining usability intact).

[cellio]

This is what I would expect too. I have no explanation.