Sefer HaChinuch ספר החינוך

The commandment of the addition of a fifth for one who eats from the consecrated or misappropriates it: That one who benefits from the consecrated (see Sefer HaMitzvot, Positive Commandments 118) pay — it is one whether it is the consecrated [foods] of the altar or the consecrated things of the [Temple], and even lower level consecrated [foods] or if he eats the consecrated inadvertently, meaning the priestly tithe — all that he eats or benefits from it, with the addition of a fifth. And he [also] brings a sacrifice for his inadvertent transgression — a ram of two sela or more — and this is what is called the guilt-offering of misappropriations, and it is one of five definite guilt-offerings. [The source of adding the fifth is] as it is stated (Leviticus 5:15), “A soul that misappropriates a misappropriation, etc. he shall bring his guilt-offering, etc.” And it is stated (Leviticus 5:16), “And that which he has sinned from the consecrated he shall pay, and its fifth shall he add to it.”

It is from the roots of the commandment [that it is to put trepidation and awe upon every person about approaching holy things. And we have already written above (Sefer HaChinukh 95, 101) [about] the benefit for people of awe and aggrandizement of the holy.

From the laws of the commandment is that which our Rabbis, may their memory be blessed, said (Kiddushin 54b) [regarding] one who misappropriates after someone misappropriates: if the first was inadvertent, the latter is exempt — since the consecrated already became desanctified once the first became liable for payment and a sacrifice. But if the first was volitional — which is not in the category of a sacrifice — the latter is in the category of misappropriation. And there is only misappropriation after misappropriation of the consecrated with a beast or ministering vessels alone (Meilah 19b). And one who takes a coin [of minimal value] from the consecrated in order that it be his does not misappropriate until he spends it on his wants. If he gives it to his fellow, he has misappropriated, and his fellow has not misappropriated — as there is only misappropriation after misappropriation with a beast or vessels alone, as we said.

And the laws of misappropriation are whether with the consecrated for the altar or the consecrated of the [Temple] upkeep. And the measure of misappropriation is [the value of] a small coin (Meilah 18a). There is no misappropriation for those things that have become permissible to eat among the sacrifices — such as meat of the sin-offering and guilt-offering after the sprinkling of their blood; or the two breads after the sprinkling of the blood of the two lambs. Even if a commoner ate from one of these and similar to them — since they are permissible for some people to benefit from, anyone who benefits from them has not misappropriated. And even if they became disqualified and forbidden to eat — since there was a time that they were permitted — one is not [any longer] liable for misappropriation for them. If he is in doubt if he misappropriated or did not misappropriate, he is exempted from the payments and from the sacrifice. The payment of the principal and the bringing of the guilt-offering impede the atonement, but not the fifth; as it is stated about the ram of the guilt-offering (Leviticus 5:16), “and he shall be forgiven” — the ram and the guilt-offering impede, but the fifth does not impede [it]. And once the one who adds has added the fifth, if he benefited from the fifth, he adds a fifth to [the] fifth; since it is considered like the beginning of the consecrated things. And the fifth is one of four [parts] of the principal, [such that] it and its fifth are five. And the rest of its details are elucidated in Meilah and Temurah.