Commentary for Bava Kamma 40:19

כדרבה דאמר רבה הקדש שלא מדעת

But if he delivers it to his neighbour, he is subject to the law of Sacrilege,<span class="x" onmousemove="('comment',' For the conversion that has been committed. ');">¹⁴</span> whereas his neighbour is not subject to the law of Sacrilege.<span class="x" onmousemove="('comment',' Since the article has already been desecrated by the act of delivery. ');">¹⁵</span> So also when he builds it into his house he is not subject to the law of Sacrilege until he actually occupies that house for such a period that the benefit derived from that stone or that beam would amount to the value of a <i>perutah</i>.<span class="x" onmousemove="('comment',' Mei. V, 4. Perutah is the minimum legal value; cf. also Glossary. ');">¹⁶</span> And Samuel thereupon said that the last ruling referred to a case where the stone or the beam was [not fixed into the actual structure but] left loose on the roof.<span class="x" onmousemove="('comment',' [As otherwise the mere conversion involved would render him liable to the law of Sacrilege.] ');">¹⁷</span> Now, R. Abbahu sitting in the presence of R. Johanan said in the name of Samuel that this ruling proved that he who occupied his neighbour's premises without an agreement with him would have to pay him rent.<span class="x" onmousemove="('comment',' For if in the case of private premises there would be no liability to pay rent, why should the law if Sacrilege apply on account of the benefit of the perutah derived from the stone or the beam? ');">¹⁸</span> And he [R. Johanan] kept silent. [R. Abbahu] imagined that since he [R. Johanan] remained silent, he thus acknowledged his agreement with this inference. But in fact this was not so. He [R. Johanan] paid no regard to this view on account of his acceptance of an argument which was advanced [later] by Rabbah; for Rabbah<span class="x" onmousemove="('comment',' Cf. B.M. 99b, where the reading is Raba. ');">¹⁹</span> said: The conversion of sacred property even without [the] knowledge [of the Temple Treasury] is [subject<span class="x" onmousemove="('comment',' As nothing escapes the knowledge of Heaven which ordered the law of Sacrilege to apply to all cases of conversion. ');">²⁰</span> to the law of Sacrilege]<span class="x" onmousemove="('comment',' Dealt with in Lev. V, 15-16. ');">²¹</span>

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