1)

IF A KOHEN'S DAUGHTER ATE TERUMAH... (Yerushalmi Terumos Perek 7 Halachah 2 Daf 36b)

îùðä áú ëäï ùðùàú ìéùøàì åàç''ë àëìä úøåîä îùìîú àú ä÷øï [ãó ñå òîåã á (òåæ åäãø)] åàéðä îùìîú àú äçåîù åîéúúä áùøéôä ðéùàú ìàçã îëì äôñåìéï îùìîú ÷øï åçåîù åîéúúä áçð÷ ãáøé ø' îàéø

(a)

(Mishnah) (R. Meir): If the daughter of a Kohen married a Yisrael and then ate Terumah, she pays the principal but not the fifth and her death penalty (for adultery) is burning. If she married any of those who are disqualified from marrying her, she pays the principal and the fifth and her death penalty (for adultery) is strangulation.

åçë''à æå åæå îùìîú àú ä÷øï åàéðä îùìîú àú äçåîù åîéúúä áùøéôä.

(b)

(Chachamim): In both cases she pays the principal but not the fifth and her death penalty is burning.

äîàëéì àú áðéå ÷èðéí åàú òáãéå áéï âãåìéí áéï ÷èðéí äàåëì úøåîú çå''ì åäàåëì ôçåú îëæéú úøåîä îùìí àú ä÷øï åàéï îùìí àú äçåîù åäúùìåîéï çåìéï àí øöä äëäï ìîçåì ìå îåçì.

(c)

One who fed his children or slaves Terumah, whether they are adults or minors; one who ate the Terumah of Chutz LaAretz and one who ate less than an olive's amount of Terumah - he pays the principal but not the fifth and the payments are Chulin. Therefore, if the Kohen wishes to waive the payment, he may do so.

æä äëìì ëì äîùìí ÷øï åçåîù äúùìåîéï úøåîä àí øöä äëäï ìîçåì àéðå îåçì åëì äîùìí àú ä÷øï åàéï îùìí àú äçåîù äúùìåîéï çåìéï àí øöä äëäï ìîçåì îåçì:

(d)

This is the general rule - whoever pays the principal and the fifth, his payment becomes Terumah and the Kohen cannot waive it. Whoever pays only the principal but not the fifth, his payment remains Chulin and the Kohen may waive it.

[ãó ìæ òîåã à] âîøà ëê äéà îúðéúà æéðúä îéúúä áùøéôä

(e)

(Gemara): When the Mishnah taught that her death is with burning, it's referring to adultery when married to a Yisrael.

îä èòîà ãøáé îàéø

(f)

Question: What's R. Meir's source for differentiating in the death penalty between whether she was married to one who is Kasher or Pasul?

ëé úçì ìæðåú áéú àáéä àú (ùàéðä) [ù]øàåéä ìçæåø ìáéú àáéä éöàú æå (ùäéà)[ùàéðä] øàåéä ìçæåø ìáéú àáéä

(g)

Answer: The pasuk states (Vayikra 21:9), "(If a Kohen's daughter) becomes desecrated through adultery, (she desecrates her father; she shall be burned in fire)'' - one who was suitable to return to her father's house is burned; one who was not suitable (such as if she is married to a Pasul) is not burned (but is rather given strangulation).

ðùàú ìëùø åæéðúä äøé äéà øàåéä ìçæåø ìáéú àáéä

(h)

Question: If she was married to a Kasher and was adulterous, can she return to her father's house?

îàé ëãåï ëé úçì ìæðåú àú ùçéìåìä îçîú äæðåú åìà çéìåìä îçîú ðéùåàéï

(i)

Rather, R. Meir's source is - 'becomes desecrated through adultery' - when her adultery desecrates her; rather than her marriage desecrating her.

îä èòîà ãøáðï åáú àéù ëäï î''î

(j)

What's Rabbanan's source? The pasuk states, "(If) a Kohen's daughter'' - it's an inclusion - the pasuk applies even if she was married to a Pasul.

îòúä àôéìå çììä (îáðä)[îëäåðä]

(k)

Question: If so, it should apply even if she was a Chalalah (if her Kohen father was prohibited to marry her mother - because of the laws of Kehuna) and she was born through that relationship)?

úðà ø' çéððà [ãó ñæ òîåã à (òåæ åäãø)] ÷åîé ø' æòéøà ãø' éùîòàì àú àáéä äéà îçììú àú ùçéìåìä îçîú òöîä åìà ùçéìåìä îçîú àáéä

(l)

Answer (R. Chinana bar Papa to R. Zeira): (A Baraisa teaches that) R. Yishmael learned from the phrase "she desecrates her father'' - it applies to one whose desecration comes from herself, rather than her father.

à''ø çðéðä ùåðä àðé òì ãø' éùîòàì àôéìå çììä (îáðä)[îëäåðä]

(m)

(R. Chanina): The text I have in that Baraisa is that according to R. Yishmael, even if she was born as a Chalalah, death through burning applies to her.

åäà úðéðï øáé àìéòæø îçééá ÷øï åçåîù åø' éäåùò ôåèø

(n)

Question: (The Mishnah taught that if the daughter of a Kohen married a Yisrael and ate Terumah, she pays only the principal.) But doesn't the Mishnah (at the beginning of the next Perek teach that if a Kohen's wife was eating Terumah and she was told that her husband had died, she may no longer eat Terumah, like a Kohen's daughter who is married to a Yisrael.) R. Eliezer obligates her to pay the principal and the extra fifth and R. Yehoshua exempts (which implies that she doesn't pay at all). Our Mishnah is therefore like neither opinion?!

äååï áòéé îéîø îä ôìéâéï áçåîù àáì á÷øï àó ø' éäåùò îåãä

(o)

It was suggested that R. Eliezer and R. Yehoshua disagree over the fifth, but as for the principal, even R. Yehoshua requires it.

îä ôìéâéï ìùòáø àáì ìáà àó ø' éäåùò îåãä.

1.

It was also suggested that they disagree over the past (if it the Terumah was already eaten), but over future Terumah, even R. Yehoshua agrees that the principal must be paid.

ìà äñôé÷ ìùìí òã ùðùúçøø ðåúï äéå ìå ðëñéí ùàéï ìøáå øùåú áäï ðåúï äéàê òáéãà øàåáï ùâæì îùîòåï åäàëéìä ììåé éöà éãé âæéìä

(p)

(The Mishnah taught that if a master fed his slave Terumah, the master pays only the principal.) If the slave was freed before the principal was paid, the (former) slave pays the principal and the fifth. If the slave had property that didn't belong to the master, he must use them to pay. How is this explained? If Reuven stole from Shimon and fed it to Levi (Reuven must pay the value of the Terumah he stole from Shimon and Levi must pay the principal and fifth; and when Levi pays it), Reuven becomes exempt from the theft payment.

úôìåâúà ãø' çééà øáà åø' éðàé

(q)

Question: Isn't that case a dispute between R. Chiya the Great and R. Yannai...?

ãàéúôìâåï âæì (îòåøúå)[îòôøúå] ùì æä åðúï ìæä

1.

If Reuven stole Shimon's garment and sold or gave it to Levi...

ø' ìòæø áùí ø' çééà øáà îåöéàéï îï äøàùåï åàéï îåöéàéï îï äùðé

i.

(R. Elazar citing R. Chiya the Great): We may extract it from the first (Reuven) but not the second (Levi).

[ãó ñæ òîåã á (òåæ åäãø)] ø''é áùí øáé éðàé àó îåöéàéï îï äùðé

ii.

(R. Yochanan citing R. Yannai): We may even extract it from the second (Levi). (So how could we say that we take the principal and fifth from the slave and thereby exempt the master?)

åàó øáé [ãó ìæ òîåã á] çééà øåáä îåãä îëéåï ùðúðä ììåé éöà áä éãé âæéìä:

(r)

Answer: Even R. Chiya the Great agrees that since he must pay the principal and fifth for the eating of the Terumah, there is no longer an obligation to pay for the theft.

2)

WHEN TERUMAH FELL INTO ONE OF TWO BOXES (Yerushalmi Terumos Perek 7 Halachah 3 Daf 37b)

îùðä ùúé ÷åôåú àçú ùì úøåîä åàçú ùì çåìéï ùðôìä ñàä ùì úøåîä ìúåê àçú îäï åàéï éãåò ìàéæä îäï ðôìä äøé àðé àåîø ìúåê ùì úøåîä ðôìä.

(a)

(Mishnah): If there were two boxes, one containing Terumah and the other containing Chulin and a Se'ah of Terumah fell into one of them and it is not known which; I say that it fell into the Terumah.

àáì àí àéï éãåò àéæä äéà ùì úøåîä åàéæä äéà ùì çåìéï àëì àú àçú îäï ôèåø åäùðééä ðåäâ áäï ëúøåîä åçééáú áçìä ãáøé ø''î åø' éåñé ôåèø

(b)

But if it is not known which box is Terumah and which is Chulin and he ate one of them, he is exempt, but the other box must now be treated as Terumah but is obligated in Challah. These are the words of R. Meir, but R. Yosi exempts it from Challah.

àëì àçø îï äùðééä ôèåø àëì àçã îï ùðéäï îùìí ë÷èðä ùáùúéäï.

(c)

If another person then ate from the second box, he is also exempt (from the fifth), but if one person ate from both, he repays the principal according to the smaller of the two.

ðôìä àçú îäï ìúåê äçåìéï àéðä îãîòúï åäùðééä ðåäâ áä ëúøåîä åçééáú áçìä ãáøé ø' îàéø åø' éåñé ôåèø

(d)

If one of these boxes fell into Chulin, it does not prohibit the mixture and the second box is viewed as Terumah but is obligated in Challah. These are the words of R. Meir, but R. Yosi exempts it from Challah.

ðôìä ùðééä ìî÷åí àçø àéðä îãîòúï ðôìå ùúéäï ìî÷åí àçã îãîòú ë÷èðä ùáùúéäï.

(e)

If the second box now falls elsewhere, it does not prohibit the mixture. If both fell into the same place, it prohibits according to the amount of the smaller of the two.

æøò àú àçú îäï ôèåø åäùðééä ðåäâ áä ëúøåîä åçééáú áçìä ãáøé ø' îàéø åø' éåñé ôåèø

(f)

If one planted the seeds of one of the boxes, he is exempt (from uprooting it, since it is only doubtful Terumah) and the second must be viewed as Terumah and it's obligated in Challah. These are the words of R. Meir. R. Yosi exempts it from Challah.

æøò àçø àú äùðééä ôèåø æøò àçã àú ùúéäï áãáø ùæøòå ëìä îåúø åáãáø ùàéï æøòå ëìä àñåø:

(g)

If another person planted the seeds of the other box, he is also exempt. If one person planted the seeds of both boxes, if it was the type of seed that rots, the growths are permitted; if it's of a type that doesn't rot, they are prohibited.

âîøà [ãó ñç òîåã à (òåæ åäãø)] àçú èîàä åàçú èäåøä àðé àåîø ìúåê èîàä ðôìä

(h)

(Gemara)(Baraisa): If one box contained Tamei Chulin and one contain Tahor Chulin, we assume that the Terumah fell into the Tamei Chulin.

àçú îãåîòú åàçú àéðä îãåîòú àðé àåîø ìîãåîòú ðôìä

1.

If one box was already Dimua and the other was not, we assume that the Terumah fell into the Dimua.

àçú éù áä ëãé ìäòìåú åàçú àéï áä ëãé ìäòìåú àðé àåîø ìàåúä (ùàéï)[ùéù] áä ëãé ìäòìåú ðôìä.

2.

If one box contained enough produce to annul the Terumah and the other did not, we assume that the Terumah fell into the one that contained enough.

ø''ù áï ì÷éù îùåí áø ÷ôøà àîø åäåà ùéù áùðééä øåá

(i)

(R. Shimon ben Lakish citing Bar Kapara): This last law applies only if there would have been a majority of Chulin, had the Terumah fallen into the other box.

ø''é àîø àò''ô ùàéï áùðééä øåá

(j)

(R. Yochanan): It applies even if there was not a majority.

îçìôà ùéèúéä ãø''ù áï ì÷éù úîï äåà àåîø ñôé÷ï áèì áøåá åäëà àîø äëéï

(k)

Question: The opinion of R. Shimon ben Lakish has switched - there (earlier in Perek 4 Mishnah 7 - Chulin 80€) he said that if there were 20 figs and a fig of Terumah fell and was lost inside them and then one of the 21 was lost, the Terumah is annulled in the majority. (R. Yochanan said that all of them became prohibited when it fell and they cannot be permitted.) But here he is more stringent than R. Yochanan, requiring the second box to contain a majority...?

úîï áùí âøîéä åäëà áùí áø ÷ôøà

(l)

Answer: There was his own opinion; here, he was speaking in the name of Bar Kapara.

[ãó ñç òîåã á (òåæ åäãø)] îçìôà ùéèúéä ãøáé éåçðï úîï äåà àåîø ëåìäï ðòùå äåëéç åäëà äåà àîø äëéï

(m)

Question: The opinion of R. Yochanan has switched - there he said that they are all prohibited; here he said that a majority is not required?

ùðééà äéà äëà ùéù ìå áîä ìúìåú:

(n)

Answer: Here, there's the assumption that it fell into the box that contained enough produce to annul.