1)

PRODUCE IN A STOREHOUSE (Yerushalmi Terumos Perek 4 Halachah 2 Daf 19a)

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(a)

(Mishnah) (R. Meir): One whose produce was in a storehouse and he gave a Se'ah to a Levi (as Maaser Rishon) and a Se'ah to a poor person (as Maaser Ani); he separates another 8 Se'ah and eats them.

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(b)

(Chachamim): (If he is unsure if the Levi's Se'ah and the poor person's Se'ah are still intact) He separates only according to the amount that he is certain still exists.

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(c)

(Gemara) (R. Elazar citing R. Hoshiya): They treated it like a worker who doesn't trust his employer (to tithe and tithes from his allowance of figs before he takes his allowance from the pile and the Ma'asros then take effect retroactively.)

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(d)

The following law is obvious - if the untithed produce became burned, the Terumah is nullified. If the Terumah was burned, then when the produce is eaten, the Terumah is consecrated retroactively.

2)

THE RANGE OF AMOUNTS OF TERUMAH (Yerushalmi Terumos Perek 4 Halachah 3 Daf 19b)

(a)

(Mishnah): The amount of Terumah - a generous person gives 1/40th; Beis Shammai says he gives 1/30th. An average person gives 1/50th and a miserly person gives 1/60th.

(b)

If one separated Terumah and found it to be 1/60th, it is Terumah and he does not need to separate further.

(c)

If he nevertheless separated more, it is obligated in Ma'asros.

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(d)

If he found it to be 1/61st, it is Terumah, but he must separate to the amount he usually gives, although (in this instance) it can be done through measure, weight or number.

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(e)

(R. Yehuda): Even if it's not from produce in close proximity.

(f)

(Gemara): It's written (Yechezkel 45:13), "(This is the Terumah that you shall separate); a sixth of an Efah from a Chomer of wheat and two-sixths of an Efah from a Chomer of barley.'' (If a Chomer is 30 Se'ah and an Efah is 3 Se'ah and the pasuk requires separating 1/6th of an Efah, which is half a Se'ah, for 30 Se'ah - that's 1/60th - which is the miser's amount in our Mishnah.) The pasuk then mentions separating 2/6th, with the words, "and two-sixths of an Efah'' - totalling 3/6th of an Efah, which is 11/2 Se'ah per Chomer, which is 1/20th.

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(g)

Perhaps I would think that one should separate 1/60th for wheat and 1/30th for barley; but the pasuk states (Yechezkel 44:30), "...and every Terumah'' - the Terumos of all species must be equal. (So how is this pasuk explained?)

(h)

(Shmuel): Add 1/6th to 2/6th of an Efah, totalling half an Efah (for the two Chomer of the pasuk). He thereby separates 1/40th as Terumah (since two Chomer is 60 Se'ah and half an Efah is 11/2 Se'ah - therefore 1.5/60 is 1/40th).

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(i)

(R. Levi): (The Mishnah taught that) the average person gives 1/50th. The pasuk states (Bamidbar 31:30), "And from half of the Bnei Yisrael you shall take 1 part of 50'' - whatever you draw from another place should also be like this. Just as this was 1/50th, so elsewhere (i.e. for Terumah) it should be 1/50th.

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(j)

(The Mishnah taught that) a miserly person gives 1/60th. As the pasuk (quoted earlier in Yechezkel 45:13) states, "(This is the Terumah that you shall separate); a sixth of an Efah from a Chomer of wheat''. (The pasuk requires separating 1/6th of an Efah, which is half a Se'ah, for a Chomer, which is 30 Se'ah - that's 1/60th.)

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(k)

The Mishnah taught that according to Beis Shammai, a generous person gives 1/30th. Their source is the latter part of that pasuk, "and two-sixths of an Efah from a Chomer of barley'' (- which is 1/30th).

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(l)

Beis Shammai say that an average person gives 1/40th; from the calculation of Shmuel earlier. And they say that a miserly person gives 1/50th; from the teaching of R. Levi earlier.

(m)

(R. Levi bar Chinah): Whoever tithes properly, will not lose anything (as Hash-m will return to him whatever he gave).

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1.

What's his source for this? The pasuk states (Yechezkel 45:11), "...and a tenth of the Chomer is the Efah; to the Chomer shall be its volume'' (meaning that the Efah that was removed shall be 'to the Chomer', i.e. returned to it).

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(n)

Question: We say that if one separated Terumah and 1/60th came into his hand (which is the amount for a miserly person), it is Terumah and he need not separate any further. Would Beis Shammai therefore say that if one separated Terumah and 1/50th came into his hand, it is Terumah and he need not separate again?

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(o)

Answer (R. Chanina bar Isi): Didn't Bar Kapara teach in a Baraisa that if when he separated, between 1/50th and 1/60th came into his hand, he doesn't need to separate again; meaning 1/50th according to Beis Shammai and 1/60th according to Beis Hillel.

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(p)

(R. Isi citing R. Yochanan): (The Mishnah taught that if one separated Terumah and found it to be 1/60th, it is Terumah and he does not need to separate further. If he nevertheless separated more, it is obligated in Ma'asros.) It's specifically when he intended to exempt the pile from its Tevel status with his first separation; but if he had intended from the beginning to separate again, he may add even until half of the pile.

3)

WHEN IT WAS FOUND TO BE 1/61ST (Yerushalmi Terumos Perek 4 Halachah 3 Daf 20a)

(a)

(Kahana): (When the Mishnah taught that if he found it to be 1/61st, it is Terumah, he must separate to the amount he usually gives) and if he gives more than that, it is obligated in Ma'asros.

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(b)

(R. Yochanan disagrees): He may add even until half of the pile (and it is still exempt from Ma'asros).

(c)

Question: The Mishnah taught, "to the amount that he usually gives'', (implying that more is obligated in Ma'asros)?

(d)

Answer: It means that he should not give less than the amount he usually gives.

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(e)

Answer #2 (R. Elazar): It's teaching that even when he adds according to the amount that he usually gives, on this occasion he may separate by measuring.

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(f)

(R. Yona): R. Shimon ben Lakish asked R. Yochanan - When a person does take extra because he had first separated only 1/60th, it is obligated in Ma'asros?

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(g)

Answer (R. Yochanan to R. Shimon ben Lakish): I answer you with the individual's (i.e. R. Yehuda's) opinion (in the Mishnah). (However, R. Yochanan didn't specify therefore whether or not it would be obligated.)

(h)

Question: Did R. Yochanan mean that it is exempt or obligated (in Ma'asros)? If he meant that it is obligated, it's understandable that the Chachamim (of the Mishnah) would disagree and say that it is considered regular Terumah and exempt from Ma'asros (since only R. Yehuda there permits taking from produce that is not in close proximity, but the Chachamim do not). But if he meant that it is exempt from Ma'asros; if R. Yehuda, who allows separating from produce not in close proximity, exempts it from Ma'asros; certainly the Rabbanan (Chachamim) who don't allow it will exempt it from Ma'asros?!

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(i)

(R. Yosi citing R. Isi in the name of R. Shimon ben Lakish): Extra Terumah is obligated in Ma'asros.

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(j)

Question (R. Yosi): The Mishnah doesn't say this (as it indicates that it would be exempt from Ma'asros).

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(k)

Question (R. Zeira to R. Isi): Which Mishnah is it that indicates this?

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(l)

(R. Zeira): (R. Isi didn't answer as he wanted R. Zeira to answer it himself) Perhaps it's from the end of the Mishnah, where it says, "If he found it to be 1/61st, it is Terumah, but he must separate (again)'', but it didn't say that the second Terumah is obligated in Ma'asros; this indicates that it is exempt...?

(m)

Question: How much must a person separate to exempt his Tevel on a Torah level?

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(n)

(R. Yonasan): 1/100th, like Terumas Maaser.

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(o)

Question (R. Yochanan to R. Yonasan): From where did you hear this?

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(p)

Answer (R. Yonasan): From discussions with my colleagues.

(q)

And R. Yannai said that even 1/1000th removes the prohibition of Tevel.

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(r)

(R. Mana): There is no minimum amount, as the pasuk states (Devarim 18:4), "The first of your grains, you wine and your oil'' - even the smallest amount.