What’s the difference between a shelamim sacrifice and an adjacent shelamim sacrifice? TB Baba Kama 12-13

I was taught when delivering a sermon I should use clear and simple language. Because our Mishna doesn’t use clear and simple language, dappim TB Baba Kama 12-13, the Gemara wants to know what the other idea Mishna is trying to teach us.

“The mishna teaches: One is liable only with regard to damage caused to property for which, were he to use it for a non-sacred purpose, he would not be liable for the misuse of consecrated property.” (Sefaria.org translation) Why didn’t the Mishna just say that the person is not liable for consecrated property? “The Gemara infers: The property in question does not have the prohibition of misuse of consecrated property, but it is consecrated property, yet one is still liable for causing damage to it.” (Sefaria.org translation)

“Rabbi Yoḥanan said: The mishna is referring to offerings of lesser sanctity (kadshim kalim e.g. a shelamim-peace sacrifice-gg) and is in accordance with the opinion of Rabbi Yosei HaGelili, who says that such offerings, before they are slaughtered, are considered property of their owners, as opposed to property of Heaven. It is only once such an offering is slaughtered that it becomes subject to the halakhot of misuse of consecrated property( me’ela- מְעִילָה).  When someone benefits or take something that was consecrated to the Temple, the person is liable to pay back the principal of the sacrifice, pay a penalty of 25%, and bring it an asham guilt sacrifice -gg) As it is taught in a baraita that concerning one who steals another’s property and takes a false oath denying he has done so, incurring the obligation to bring a guilt-offering, the verse states: “And commits a trespass against the Lord, and deals falsely with his neighbor” (Leviticus 5:21). The verse serves to include a case in which one denies having in his possession offerings of lesser sanctity, which are property of their owners. This is the statement of Rabbi Yosei HaGelili.” (Sefaria.org translation)

The Gemara then distinguishes between a regular shelamim sacrifice and an adjacent shelamim sacrifice. An example of an adjacent shelamim sacrifice would be the bakhor (בְּכוֹר), the firstborn of an animal, which is given to the kohamim as a gift. Even though the bakhor falls under the category of a shelamim sacrifice, is not considered the property of the kohain. The Gemara explains why the bakhor is different from a regular shelamim sacrifice. “Gifts of the priesthood are different from other offerings of lesser sanctity, as when the priests receive their portions, they receive them from the table of the Most High. Rabbi Yosei HaGelili claims that the act of consecration of an animal as an offering of lesser sanctity does not nullify one’s ownership of the animal. The sanctity of a firstborn offering takes effect with its birth, so it may be that it was never owned; rather, it is reasonable that the Torah provided the priest only with the right and the obligation to partake of it after it is sacrificed.” (Sefaria.org translation)

Another example of an adjacent shelamim sacrifice is the animal tithe (מַעֲשֵׂר בְּהֵמָה), every tenth animal of one’s flock that is designated as tithe for those ten animals and is sacrificed as an offering of lesser sanctity. Animal tithes are excluded because ben Azzai holds that an animal tithe offering is not the property of the owner of the flock. It always belonged to the table of the Most High.” (sefaria.org translation) The regular shelamim only belongs to the table of the Most High after it is sacrificed.