תרי תנאי נינהו ואליבא דר' יהודה
Two Tannaim differ as to R'Judah's view.<span class="x" onmousemove="('comment',' According to the first who deals with trespass, R. Judah holds Jerusalem to be sanctified; according to the second, on vows, it is not.');"><sup>1</sup></span> 'Ulla said on Bar Pada's authority: R'Meir used to say that hekdesh, deliberately used, is secularised; unwittingly, it is not secularised.<span class="x" onmousemove="('comment',' I.e., 'Ulla agrees with R. Johanan supra 53b.');"><sup>2</sup></span> And only in respect to sacrifice was it said that it is secularised by unwitting [misuse].<span class="x" onmousemove="('comment',' The Torah decreeing a sacrifice (Lev. V, 15) . as though it were converted to hullin. Nevertheless it actually remains hekdesh.');"><sup>3</sup></span>
Tosefta Kiddushin
A man who betroths [a woman] with meat [from an animal designated for] tithe, even if after slaughter—she is not betrothed [since the met belongs to the Temple, it is not his to give her]. With its bones, its tendons, its horns, its hooves, its blood, its fat, its skin, its wool—she is betrothed [though the meat belongs to the Temple, the rest of the animal does not]. A [kohen] who betroths [a woman] with his priestly portion (see Ehrfurt manuscript and Mishnah Kiddushin 2:8)—whether it is of most holy sacrifices or less holy sacrifices—she is not betrothed. With hekdesh, if he [did this] intentionally [i.e. he knew it was hekdesh]—he betroths because he misappropriated [Temple property such that it now belongs to him but not the Temple]; if unintentionally—he did not misappropriate [and thus she is not betrothed since the item belonged to the Temple and not to him]—words of Rabbi Meir. Rabbi Yehudah says: If there is something worth a perutah in the profits [from the hekdesh item when he exchanged it with a priest, he owns these profits which is not true for the hekdesh item itself]—she is betrothed; but if not—she is not betrothed. Said Rabbi: I agree with the words of Rabbi Yehudah with hekdesh, but the words of Rabbi Meir with second tithe (see Mishnah Kiddushin 2:8).
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