Meilah 14A

גמ׳ איתמר, עבודה זרה שנשתברה מאליה. רבי יוחנן אמר: אסורה. וריש לקיש אמר: מותרת.

Talmud: Connected with the Mishnah’s discussion of idol worship it was stated: In the case of an object of idol worship that broke by itself, R' Yoḥanan says: It is prohibited to derive benefit from it, as the fact that it is broken does not constitute nullification, and Reish Lakish says: It is permitted to derive benefit from it.

רבי יוחנן אמר אסורה ⁠– דלא בטלה גוי. וריש לקיש אמר מותרת ⁠– מימר אמר: היא גופה לא מצלה, לדידי מצלה לי?

The Talmud clarifies their opinions: R' Yoḥanan says it is prohibited, as a non-Jew did not nullify the object of idol worship, and its status is nullified only if a non-Jew broke it with the intention of nullifying it. And Reish Lakish says it is permitted, as it can be presumed that its non-Jew owner, upon seeing that it was broken, would have nullified it, saying to himself: If the object of idol worship could not even save itself from destruction, will it save me from harm?

איתיביה ריש לקיש לרבי יוחנן: הקן שבראש האילן של הקדש ⁠– אין נהנין ואין מועלין. שבאשירה יתיז בקנה.

Reish Lakish raised an objection to R' Yoḥanan from the Mishnah: With regard to the bird’s nest that is atop the consecrated tree, one may not derive benefit from it ab initio, but if he derived benefit from it he is not liable for its misuse. In order to acquire a bird’s nest that is atop the tree worshipped as idolatry one should dislodge the nest by striking it with a pole.

מאי לאו דאיתבר מגופה, וקתני, יתיז בקנה? לא, דאייתי עצים מעלמא.

Reish Lakish analyzes the second halakha: What, is it not referring to a case where the nest was built from branches that broke off from the worshipped tree itself, and yet the Mishnah teaches: One should dislodge it by striking it with a pole? This indicates that branches that are broken off are permitted, despite the fact that they were not broken off by a non-Jew. R' Yoḥanan responds: No, there is no proof from the Mishnah, as it is referring to a case where the bird brought branches from elsewhere, not from the worshipped tree itself.