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Bartenura on Mishnah Terumot
ברטנורא על משנה תרומות
Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020
http://sefaria.org/
Bartenura on Mishnah Terumot
Chapter 1
Mishnah 1
חמשה לא יתרומו – A number to exclude that which Rabbi Yehuda says further on (Mishnah 3), “A minor who did not bring forth two [pubic] hairs, his [separation of] heave-offering/Terumah/priest’s due is not a heave-offering, which tells us that his [separation of] heave-offering is not Terumah (the 2% initial sacred gift that one gives to the Kohen).
החרש והשוטה והקטן – All of them are derived from one Biblical verse, as it is written (Exodus 25:2): “Tell the Israelite people to bring Me gifts; [you shall accept for Me] from every person whose heart so moves him.” [The words] "אל בני ישראל" /”to the Israelite people” -except for a heathen; [the words] מאת כל איש/“from every person” – except for a minor; [the words] "אשר ידבנו לבו"/”whose heart so moves him” – except for a deaf-mute and imbecile, who lack the temperament to be able to donate. And a minor is not able [even] to do a little, from [the words] "אשר ידבנו לבו"/”whose heart so moves him,” for there is a minor who arrived at the season of taking vows, who has the temperament to be able to donate. [The words] "וזאת התרומה אשר תקחו מאתם"/”And these are the gifts that you shall accept from them” (verse 3), excluding to the person who donates what is not his. And the “imbecile”- who loses what they give him is called an imbecile/"שוטה".
אפילו ברשות – [even with the permission] of a Jew as an Israelite made him his agent to give Terumah/the heave-offering, his donation of Terumah is not a donation, as it is written (Numbers 18:28) “So shall you on your part set aside a gift [for the LORD from all the tithes that you receive from the Israelites]…” – also to include your agents. Just as you are members of the covenant, so also your agents [must be] members of the covenant (“Jews”).
Mishnah 2
לא יתרום – ab initio for one needs to let his ears hear as he makes the blessing (see Mishnah Berakhot, Chapter 3, Mishnah 3 which also deals with the issue of “letting his ears hear”/"צריך להשמיע לאזניו" .
חרש שדברו בו חכמים – it is not a general principle, for at the beginning of Tractate Hagigah it is taught that a deaf person who speaks but does not hear is included, and in the chapter מצות חליצה/The command of Halitzah (see specifically, Mishnah 4), regarding the subject of “removing the shoe” [of the dead husband’s brother who refuses to perform a levirate marriage].
שאינו שומע ואינו מדבר – who born deaf from his mother’s womb, and since he never heard what they are saying to him, it is impossible for him that he could speak.
Mishnah 3
רבי יהודה אומר: תרומתו תרומה – de facto, for Rabbi Yehuda does not [hold] by this interpretation of מאת כל איש/”from every person” (Exodus 25:2) -except for a minor.
עד שלא בא לעונת נדרים – A male at the age of twelve years and one day and a female at the age of eleven years and one day, and from that period onward, if he donated the Terumah/the sacred heave-offering (2% gift to the Kohen), what he set aside is Terumah. And the Halakha is according to Rabbi Yosi.
Mishnah 4
אין תורמין זיתים על השמן – He who has [olive] oil that he is liable to separate from it the [sacred] heave-offering (i.e., the 2% for the Kohen) and olives that he is liable to separate from them the [sacred] heave-offering is not able to give from [sacred] heave-offering from the olives according to the measure that he has to donate for the olives and the oil [together], and to be exempt from [donating] the oil with the heave-offering of the olives, as it is written (Numbers 18:27): “[This shall be accounted to you as your gift.] As with the new grain from the threshing floor [or the flow from the vat],” – from what is completed [you donate as heave-offering] for what is completed but you do not [donate as heave-offering] from what is not complete on what is complete.
ואם תרם בית שמאי אומרים: תרומת עצמן יש להן – that is to say, there is no [sacred] heave-offering here, other than only on the olives, but not on the oil.
ובית הלל אומרים: אינה תרומה – for since he had the intention of donating [the heave-offering/priest’s due] also on the oil, there is no Terumah/heave-offering – neither on the olives nor on the oil, and it is as if he had not donated the [sacred] heave-offering at all.
Mishnah 5
אין תורמין מן הלקט מן השכחה ומן הפאה – whomever has a heap of produce, pending the separation of sacred gifts to the Kohanim and Levites may not set aside upon it priest’s due from produce that fell, was forgotten [in the field] or from the corner of the field that is in his hand, as these are gifts to the poor and one cannot to make his heaps of produce pending separation of the sacred gifts legally fit for use by giving the priestly due with the gifts to the poor.
Concerning that which is הפקר/ownerless, it is written (Deuteronomy 14:29): “Then the Levite, who has not hereditary portion as you have….” from what you have and that he lacks, you are required to give, excluding that which is ownerless, for both your hand and his hand are equivalent [concerning this].
ולא ממעשר ראשון שנטלה תרומתו – We do not donate from it the Kohen’s share of the produce (2%) on a pile of produce requiring separation of Levitical and Priestly tithes that is in his hand, and it was necessary for us to teach where they placed the son of a Levite ahead of a Kohen with regard to sheaves that are exempt from the “great Terumah”[the 2% that goes to the Kohen], and specifically where he took his priest’s due , but where he did not take his priest’s due, he can make the donation as it is taught in [Midrash] Sifrei [Bemidbar/Numbers, Piska 119] : From where does the son of a Levite who wanted to take from his First Tithe – the Great Terumah (the 2% for the Kohen), from where [do we learn] that he may do this? As the inference teaches us: (Numbers 18:24): “For it is the tithes set aside by the Israelites as a gift to the LORD [that I gave to the Levites their share]...,” that if he wanted to make it priest’s due for others, he may do so; he may, even after he has taken his priest’s due – he may make it priest’s due for others, as the inference teaches us (Numbers 18:29): “the part that of that is to be consecrated.” As long as its holiness is within it, he can make it Terumah/priest’s due for others; but if its holiness is not within it, he cannot make it Terumah for others.
ולא ממעשר שני והקדש שנפדו – This Tanna holds that Second Tithe [belongs] to On-High (God), and where it wasn’t redeemed, it is obvious that he cannot to make things legally fit for use by giving the priestly dues with his pile of produce which is forbidden to be eaten pending the separation of priestly gifts with the monies of On-High (God); but, where they had been redeemed, I might think I would say, that he is able to make them “the great Terumah’ (the 2% gift to the Kohen) on his produce which is forbidden to be eaten pending the separation of priestly gifts, and should you say, that this also is obvious, for that which is completely non-sacred is what is necessary, for where they were zealous with the sheaves, where he is exempt from [donating] the priest’s due/Terumah Gedolah , as we explained for First Tithe. והקדש שנפדה – It is also necessary when he sanctifies (i.e., as a gift to the Temple) produce which is forbidden to be eaten pending the separation of priestly gifts, and the treasure has smoothed out the pile and afterwards redeemed it, that it is exempt from Terumah/priest’s due. -
מן הפטור על החיוב – such as from produce that had not yet grown one-third (i.e., not one-third ripe), which are exempt from tithes on the produce instead of from produce that had grown one-third (i.e., that was one-third ripe).
ולא מן התלוש על המחובר – as it is written (Numbers 18:26): “you shall set aside from them [one-tenth of the tithe as a gift to the LORD],” you shall not give from what is detached instead of what is attached, and not what is attached instead of what is detached, for the language הרמה/separating the priest’s gift does not belong other than with detached [produce], and from it, it implies, that the priest’s due and the non-sacred produce are similar.
מן החדש על הישן – from the produce of this year instead of the produce from the previous year nor the produce from the previous year instead of from the produce of this year, as it is written (Deuteronomy 14:22): “that is brought from the field every year,” but a field that produces two harvesting seasons in a year such as a field which needs irrigation you make the gift of priest’s due from this [year] instead of from the produce of the previous year.
ולא מפירות הארץ על פירות חוצה לארץ – As it is written (Leviticus 27:30): “All tithes from the land, whether seed from the ground [or fruit from the tree, are the LORD’s…,” the Biblical verse reveals concerning [First] Tithe and the same law applies for Terumah/priest’s due, and similarly, one does not donate as priest’s due from the produce of the Land of Israel instead of the produce that is found in Syria, nor from the produce that is in Syria instead of the produce from the Land of Israel.
Mishnah 6
חמשה לא יתרומו – This number excludes from what Rabbi Yehuda said [in Mishnah 3] that a minor who donated the priest’s due/heave-offering, his donation is an offering.
האלם – and he hears but stopped speaking as a result of illness, he should not donate priest’s due because he is unable to recite the Blessing. And similarly, is unable to recite the blessing , as it is written (Deuteronomy 23:15): “[Since the LORD your God moves about in your camp to protect you…]; let Him not find anything unseemly among you [and turn away from you];” at the time when you speak about it, He will not find anything unseemly.
ובעל קרי – also at the time of the ordinance in His presence for since his ritual immersion has been nullified, he was not able to recite the blessing as it is taught in the Mishnah [i.e. Berakhot, Chapter 3, Mishnah 4] that one to whom a pollution (i.e., nocturnal emission) occurred, only thinks (i.e., recites the Shema] in his heart (which, according to Talmud Berakhot 20b – that reviewing a passage in one’s mind is as good as loud recitation).
והשכור והסומא – who do not know how to single out/sift from that which is fine and we require that the person who donates the priest’s due/Terumah sift and donate that which is fine, as it is written (Numbers 18:29): “from each thing its best portion, [the part thereof that is to be consecrated];” and a drunk person is called such as all who are unable to speak in the presence of the King as a result of his drunkenness.
Mishnah 7
אין תורמין לא במדה – As it is written (Numbers 18:27): “ This shall be accounted to you as your gift…” by thought, you donate [the sacred gift], that is to say, by estimation, but you do not donate neither by measure nor by weight nor by number. And even though this Biblical verse is written concerning the tithe of the tithe which the Levite owes to the Kohen (Numbers 18:26 – which is 10% of what he had received from Israelites -תרומת מעשר ), if it has no relation to the tithe of the tithe, for the Torah indeed had given it a measure, and he must measure in order that he gives the appropriate size/limit.
Mishnah 8
הזיתים הנכתשים – it was customary to crush olives in a mortar-shaped cavity to remove their oil.
תרומתו תרומה – it is completed, from the Torah.
ויחזור ויתרום – from the perspective of the Rabbis, after he has completed the pounding of those olives and the treading of the grapes, he will go back and remove the priest’s due a second time according to the measure that is needed for oil and win that he has removed.
הראשונה מדמעת – if it fell to less than one-hundred [parts] non-holy produce, everything is made subject to the law of Terumah through an admixture and it is prohibited to “foreigners” (i.e., non-Kohanim) and everything is sold to a Kohen – for it is complete priest’s due according to the Torah.
וחייבין עליה חומש – a foreigner (i.e., non-Kohen) who eats it inadvertently pays the principle and [an additional] one-fifth according to the law regarding all foreigners who eat priest’s due.
אבל לא שניה – because it is not other than a Rabbinic ordinance; therefore it is not eaten until priest’s due and tithes are separated from it from another placer, since from the Torah, it is completely produce that cannot be eaten until Levitical and Priestly gifts have been separated, and if you ask – what is the difference here when one separates priest’s due from [olive] oil instead of from pounded olives, that his separated priest’s due is priest’s due, and then separates priest’s due again and what is the difference above concerning one who separates priest’s due olives instead of [olive] oil and grapes instead of wine where his separation of priest’s due is not priest’s due? And one can say that regarding a person who separates priest due from olives instead of [olive] oil, where there is a loss to the Kohen, his separating priest’s due is priest’s due/Terumah, but that the Rabbis are they who decreed that he should go back and separate priest’s due once again.
Mishnah 9
זיתים הנכבשים – olives that are salty or pickled in wine or vinegar in order that they would be preserved and would be consider as something where its preparation had been completed; therefore, we separate priest’s due from the [olive] oil on them, and especially, [olive] oil instead of the olives which are about to have their oil removed from them, and similar wine in place of grapes which are about to be trodden upon – that is what is prohibited to from it the priest’s due, but wine in place of raisins, and [olive] oil in place of olives that are pickled is permitted, and when he separates the priest’s due from the [olive] - instead of the preserved olives, and from the wine instead of the raisins, he separates the priest’s due according to the appropriate oil that came out from the preserved olives and according to the appropriate wine that came out from the grapes.
אין צריך לתרום – since when he separated the priest’s due, he did so well, for at that hour, they were meant to be eaten.
Mishnah 10
אין תורמים מדבר שנגמרה מלאכתו – from something that was shaped into an even pile.
על דבר שלא נגמרה מלאכתו – that was not shaped into an even pile, as it is written (Numbers 18:27): “As with the new grain from the threshing floor or from the flow from the vat,” that whose preparation is completed with that which is completed and not from that whose preparation has been completed in place of that which is completed and not from what is not completed in place of what is completed.
ואם תרם תרומתו תרומה – and specifically for the rest of the produce, but when one donates for priest’s due from olives in place of olive oil or from grapes in place of wine, that which we said above (Mishnah 4), that his donation of priest’s due is not a valid gift, because there is a loss to the Kohen as we have said.
Chapter 2
Mishnah 1
אין תורמין מטהור על הטמא – as a decree lest he separate the heave offering that is not brought near because they are afraid lest the impure [produce] will come in contact with the pure and defile it. But we require that the person who separates the heave offering separates from that which is brought near.
באמת אמרו – wherever it is taught: "באמת אמרו" /”in fact that they said that,” it is as if it is a usage dating from Moses as delivered from Sinai (i.e., a traditional interpretation of a written law), but not exactly a usage dating from Moses as delivered from Sinai, for in the first chapter of [Tractate] Shabbat [Mishnah 3], we taught: “in fact that they said that the teacher sees [by the light of a lamp] where the children are reading,” and this is from the Rabbis (as opposed to from the Bible).
העגול של דבילה – even though the cakes of pressed figs are glued to each other in the midst of the cake of pressed figs, they are not thought of as attached regarding ritual defilement, and if defilement touched one of the cakes of pressed figs, the other is not ritually defiled.
וכן אגודה של יקרק וכן ערימה – it is necessary [to mention both], for if it (i.e., the Mishnah) had taught [only] the circular cake of pressed figs, I would have said that the cake of pressed figs which is one substance, he separates the heave-offering, [but] the bunch [of greens] which is not one substance, he does not separate the heave-offering. But if it (i.e., the Mishnah) had taught [only] the bunch [of greens], I would have said, the bunch [of greens] where it is all one possession, he separates the heave-offering, [but] a pile is not one possession, which he doesn’t separate the heave-offering, hence, they are all necessary.
רבי אליעזר אומר תורמים – ab initio from that which is ritually pure for that which is ritually defiled, for Rabbi Eliezer did not decree lest he come to separate the heave-offering from that which is not brought near , but the Halakha is not according to Rabbi Eliezer.
Mishnah 2
אין תורמין מן הטמא על הטהור – because of the loss to the Kohen [because ritually impure heave-offering is forbidden to the Kohen].
ואם תרם שוגג תרומתו תרומה – and exactly when it had been fit for use and the season for separating tithes had arrived prior to it becoming ritually impure, because according to the Torah It is perfect heave-offering, but if it he set aside heave-offering, even in advertently, his heave-offering is not a heave-offering.
מעשר טבל – First Tithe that had not had the Terumah of the tithe taken from it.
היה מפריש עליו והולך – he would separate from this on the rest of the tithes.
Mishnah 3
אם היה יודע בתחלה – that it is eatables forbidden pending the separation of sacred gifts or it is ritually impure, even though that at the time that he separated the heave-offering, it was inadvertent, for he forgot that it is forbidden pending the separation of sacred gifts, or that it is ritually impure, it is inadvertently that is close to willfully committed, and he did not do anything. But the Halakha is not according to Rabbi Yehuda.
המטביל כלים בשבת – that it is forbidden to immerse ritually impure utensils, and to raise them from their ritual impurity on the Sabbath because it appears like repairing a utensil.
והמבשל בשבת – [and he who cooks on the Sabbath] inadvertently , he can eat that cooked dish on Saturday night (i.e., after the conclusion of the Sabbath), but not on the Sabbath itself. But [if he cooked it] willfully, he may not eat of it, but others may eat consume it on Saturday night, as it is written (Exodus 31:14): “You shall keep the sabbath, for it is holy;” it is holy, but its actions are not holy.
ובשביעית בין שוגג בין מזיד יעקר – that Israelites were suspected about [observance] of the Seventh year, but are not suspected regarding the Sabbath.
Mishnah 4
כל מין חטים אחד – and even though there is reddish, dark-colored wheat and white-colored [wheat].
וכל מין תאנים אחד – and even though there are black [figs] and white [figs], figs while they are yet moist are called תאנים/figs, and when they have dried, they are called גרוגרות/dried figs, and when they are trodden in circular cake, they are called עגול דבלה/cake of pressed figs.
תורם מן היפה – from the figs on the dried figs, for figs are choicest than dried figs (see also Tractate Bikkurim, Chapter 3, Mishnah 3).
תורם מן המתקיים – from the dried figs on the figs, for dried figs endure more.
לעולם הוא תורם מן היפה – as it is written (Numbers 18:30): “When you have removed the best part from it [you Levites may consider it the same as the yield of threshing floor or vat],” we always require the best/choicest part, and if he (i.e., the Kohen) loses, he loses. But the Halakha is not according to Rabbi Yehuda.
Mishnah 5
תורמין בצל קטן שלם – because it endures.
ולא חצי בצל גדול – even though it is nicer than it.
רבי יהודה אומר לא כי – Rabbi Yehuda, according to his reasoning, who stated that he separates heave-offering from the choicest [produce].
מבני המדינה – it is good for eating from those of the villages, the onions of the villages, but that of the villages is preserved better.
מפני שהא מאכל פולטיקין – onions of the people of the city people which is the food for important people, and they are better/choicest produce than those of the villagers. פולטיקין/city people, the members of the residence of kings.
Mishnah 6
תורמין זיתי שמן – that stand to remove their oil.
על זיתי כבש – olives that don’t produce oil and they press them with wine or with vinegar to preserve them for eating. But olives for oil are better than olives for pressing, for it should be from the nice ones on the bad ones.
ויין שאינו מבושל – good for drinking from that which is boiled.
כל שהוא כלאים בחבירו לא יתרום מזה לזה – as Scripture states (Numbers 18:12): “All the best of the new oil, wine and grain [the choice parts that they present to the LORD – I give to you],” the Torah stated: give oil to this one and oil to that one.
חוץ מן הזונין – in Arabic ZOAN, and in the foreign language, VITZAH, and it is not the food for humans but they keep it for doves (see also Tractate Kilayim, Chapter 1, Mishnah 1).
הקישות – in Arabic, FAKUS.
והמלפפון – in Arabic, KIYYAR.
מין אחר – and the separate the heave offering from this one on that one.
שני מינין – but we do not separate the heave-offering from that one for this one, but the Halakha is not according to Rabbi Yehuda.
Chapter 3
Mishnah 1
התורם וכו' - it is speaking about inadvertently, for nevertheless, it is close to be willfull, because that he should have [tasted it].
ונמצאת של חומץ כו' – for a person who separates out heaveoffering from the vinegar on the wine, his heave-offering is not a heave-offering, for wine and vinegar are two [different] species.
אם ספק – prior to his separating out the heave-offering it had soured or after he separated out the heave offering, it soured.
תרומה ויחזור ויתרום – and he gives both of them to the Kohen, and the Kohen gives him the monetary value of the firs which islarger than the second, and second’s [value] is reduced according to what the heave-offering of the first costs, and since the Kohen makes a claim against his colleague, and we hold that in every place that “the claimant must produce evidence”/ "המוציא מחבירו עליו הראיה"(see Tractate Bava Metzia, Chapter 3, Mishnah 11), therefore, he does not acquire without money but the smaller/lesser object, and he must give him the monetary value of the larger/more important object which is the first.
הראשונה אינה מדמעת בפני עצמה – if less than one-hundred of non-sacred produce had fallen, something otherwise exempt, does not become subject to the law of Terumah, to mix non-sacred grain/wine/oil with Terumah in proportions to make the whole prohibited to non-priests, lest it is not Terumah but rather the second one is Terumah, and similarly, the second part does not become a mixture of sacred and non-sacred produce on its own, lest the firs part was Terumah and not the second.
ואין חייבים עליה חומש – a foreigner (i.e., non-Kohen) who ate the first [batch] (which may have doubtfully been Terumah since it may have fermented) alone or the second [batch] alone, he does not pay the one-fifth penalty like the law of others who consume heave-offering inadvertently.
Mishnah 2
מדמעות בקטנה שבשתיהן – like the measure of the second [batch] which is the smaller of the two of them, and if here is in the non-sacred produce one hundred [parts] corresponding to the smaller [batch], it does not impose the status of heave-offering , but one takes from the non-sacred produce like the measure of those two heave-offerings that fell in them and he gives them to the Kohen and the rest of it is non-sacred produce as they were.
Mishnah 3
תרומת שניהם תרומה – that is the heave-offering of each of them is one-half heave-offering and one-half non-sacred produce, it is found that twhen both of them separated heave offering, from fifty Seah, that this one [set aside] one Seah and that individual one Seah, that the heave-offering was not sanctified other than one-half Seah belonging to this one and one-half Seah belonging to that one, each one of them according to his portion.
אם תרם הראשון כשעור – one from fifty – according to the measure that the Sages gave, his heave-offering is a heave-offering. And the Halakha is according to Rabbi Yosi (see Tractate Terumot, Chapter 4, Mishnah 3) , for he comes to explain the words of the Sages. But there are those who explain that if the first [person] separated according to the measure that his colleague separated [for heave-offering] afterwards, his heave-offering is a heave-offering, as we see that it was easy for him for that latter one with what the first one set aside as a heave-offering , for it was his intention agrees with him, in the measure of the heave-offering. But, the first explanation appears in my eyes to be essential.
Mishnah 4
במה דברים אמורים – that which Rabbi disputes above and states that the heave-offering of both is Terumah/heave-offering.
בשלא דבר – that this one did not receive permission from his colleague to separate the heave-offering, but rather, he separated the heave-offering of his own accord.
אבל הרשה – that the owner gave permission [to his colleague] to separate the heave-offering, his heave-offering is a heave-offering.
בטל – if afer he had appointed an agent to separate the heave-offering, he cancelled his agency after the agent went from before him.
חוץ – the owners who are illiterate who hired workers who are members of the order for the observance of Levitical laws in daily intercourse in order to separate the heave-offering in ritual purity, are permitted to separate the heave offering until the illiterate owners arrived who would defile the heave-offering, because they ritually defile the vat for wine pressing, for the illiterate owners immediately when the when those who tread began to stamp and they went to the vat for wine pressing in the longitudinal and latitudinal directions are not more careful from coming into contact in their vas for wine-pressing and defile it, because they think that immediately when they begin to tread, their colleagues had separated out the Great Terumah/heave-offering (i.e., two percent for the Kohen). Therefore, they separate the members of the order for the observance of Levitical laws in daily intercourse that stamp from the wine in order [to reach] the measure of heave-offering that is necessary for the vat for wine-pressing immediately when they walked in it longitudinally and latitudinally. If the owners would come and defile the vat for wine pressing prior to their completing it, they have designated wine to separate everything in ritual purity.
Mishnah 5
קרא שם – and he must separate the heave-offering and to tithe from within it., but he is not able to separate [tithes] from another place. And even though the All-Merciful called the Terumah/heave offering "ראשית"/”the first” and we require that its remnants are recognized, for since he said, “within it,” it implies, in the middle of the pile will be the heave-offering, but there is surrounding it which is its remnants that are recognized.
עד שיאמר בצפונו או בדרומו – even though “within it” implies in its middle, it is not a specific place, and it is as if he did not say anything until he would say, in its northern portion or in its southern portion, and this is the Halakha.
תרומת הכרי ממנו עליו קרא שם – and we don’t require its remnants being recognized.
עשור מעשר זה וכו' – Rabbi Eliezer ben Yaakov disputes on Rabbi Shimon who stated that this Terumah of the tithe (which the Levite to a Kohen) is within the pile that he validly designated, but after the tithe is separated, if he stated that the Terumah of the tithe is for it, he has validly designated it. But the Halakha is not like any of them, other than the Sages alone.
Mishnah 6
שנאמר מלאתך ודמעך לא תאחר – this is what he said: he though he is transgressing a negative commandment, as it states (Exodus 22:28): “You shall not put off the skimming of the first yield of your vats,” nevertheless, what he did is done, as "מלאתך" /”your fullness,” – these are the first fruits, that fill the early seed/first-ripening, and "דמעך"/”full bloom”/”best part” – these are the heave-offerings, and First Tithe has the Terumah of the tithe (i.e., given by the Levite to the Kohen), "לא תאחר"/”do not put off,” you should not change the order.
Mishnah 7
זה קרוי תרומה וראשית – "ביכורים"/”first fruits” is called "תרומה"/”heave-offering” , as the Master said [Tractate Pesahim 38b}: “or of your contributions”/"תרומת ידך" (Deuteronomy 12:17) – these are the first fruits, as it is written concerning them (Deuteronomy 26:4): “The priest shall take the basket from your hand [and set it down in front of the altar of the LORD your God.” And they are called: "ראשית"/ “choice” (Exodus 23:19): “he choice first fruits of your soil [you shall bring to the house of the LORD your God.” "תרומה"/heave-offering is called “Terumah” (Numbers 18:9) “I give you charge of My gifts,” and it is called (Deuteronomy 18:4): “[You shall also give him] the first fruits of your new grain [and wine and oil, and the first shearing of your sheep].”
כבורים שהן כבורים לכל – the language of "בכורים"/”first fruits”, is expounded, therefore, the All-Merciful One calls them "בכורים"/”first fruits”; alternatively, because it is written in the Torah portion of Kee Tissa (Exodus 34:26 – “The choice first fruits of your soil you shall bring to the house of the LORD your God”_ until they had not been commanded regarding the heave-offerings/Terumot.
שיש בו ראשית – that in the First tithe, it has in it the Terumah/heave-offering of the tithe, and the Terumah is called: "ראשית"/”first” – therefore, it is law that the First [Tithe] should come before the Second [Tithe].
Mishnah 8
עד שיהיו פיו ולבו שוין – as it is written (Deuteronomy 23:24): “You must fulfill what has crossed your lips [and perform what you have voluntarily vowed to the LORD your God, having made the promise with your own mouth],” and it is written (Exodus 35:22 – the printed text listed Chapter 34, an error): [“Men and women] whose hearts moved them, [all who would gladly make an elevation of gold to the LORD],” How now? We require that he resolved in his heart and enunciating [the same thought] with his lips.
Mishnah 9
הנכרי והכותי תרומתן תרומה – if they separated the heave-offering from heir grain, but if the heathen separated the heave-offering from that belonging to an Israelite through his agency, his heave-offering is not a heave offering, as we expound from (Numbers 18:28): “so shall you on your part set aside a gift [for the LORD from all the tithe s that you receive from the Israelites;” just as you are children of the covenant (i.e., Israelites), so your agents are also children of the covenant.
וחכ"א יש לו – and the Halakha is according to the Sages.
תרומת הנכרי מדמעת – if their fell at least from one-hundred, everything becomes prohibited to non-priests and is considered as Terumah.
וחייבין עליה חומש – a foreigner (i.e., non-Kohen) who consumed it inadvertently pays the principal plus an added fifth.
ור"ש פוטר – from the added firth, but he admits that non-sacred grain, wine, oil mixed with Terumah in proportions sufficient to make the who prohibited to non-priests, but the Halakha is not according to Rabbi Shimon.
Chapter 4
Mishnah 1
המפריש מקצת תרומה ומעשרות – as, for example, that he had one-hundred Seah of eatables forbidden pending separation of sacred gifts, and he removed from them a Seah (i.e., note that he is required to give 2% to a Kohen, not 1%), but it was his intention to yet separate the rest, he goes back and removes from the same pile itself until he completes the two Seah, like the measure of the Terumah/heave-offering. For the eatables forbidden pending separation of sacred gifts is what will be offered in his hand and not what was already made legally fit for use by giving the priestly dues.
אבל לא למקום אחר – if he has another one-hundred Seah of eatables forbidden pending separation of sacred gifts,, he is not able to separate upon them from those which he took part of their heave-offering, for regarding the others, we rely, perhaps, from that which was already made legally fit for use by giving the priestly dues, he removes from them, and not from the eatables forbidden pending separation of sacred gifs, but Rabbi Meir permits even from another place. But the Halakha is not according to Rabbi Meir.
Mishnah 2
במגורה – in a storehouse, as it is written (Haggai 2:19): “While the seed is still in the granary, [and the vine, fig tree, pomegranate and olive tree have not yet borne fruit].”
ונתן סאה לבן לוי – Our Mishnah is speaking about a worker who is a member of the order for the observance of Levitical laws in daily intercourse (i.e., Haver), who comes to dine with the owner of he house and does not believe him on the tithes, and the worker saw that owner of the house giving from his storehouse a Seah to the son of a Levite (i.e., First Tithe) and a Seah to a poor person (i.e., the Poor Tithe, in years 3 and 6 of the seven year cycle). Rabbi Meir states that this worker can eat from the storehouse eight Seah, for undefined, according to the law of First Tithe, he gave to the Levite, and according to the law of the Poor Tithe, he gave to the poor person, and behold there are eight Seah which were already made legally fit for use by giving the priestly dues and a little bit more. And even though he did not see him separate the Great Terumah (i.e., the two-percent for the Kohen), the illiterate were not suspected [of not fulfilling] the heave-offering.
וחכ"א לא הפריש בעל הבית אלא לפי חשבון (with a calculation [of the percentage of tithes which remain to be separa from the batch as a whole]) - this meal that the worker wants to eat with him., but the remainder is a mere gift that he gives to the Levite and the poor person, therefore, the worker does not have to eat with him until he has completed eight Seah according to the words of Rabbi Meir, but that meal which he was to eat with him and nothing more. Another explanation: “and he gave a Seah to the son of Levite and a Seah to a poor person, and they went on their way. But when he came to separate eight Seah from the storehouse and to eat them on the support of the two Seah that he gave to the son of the Levite and the poor person, he doesn’t know if those two Seah exist or not. Rabbi Meir says that he should separate eight Seah and eat them, in support of those two Seah that he gave to the son of the Levite and the poor person in the presupposition that they exist. But the Sages say that he does not separate other than according to a calculation [of the percentage of tithes which to be separated from the batch as a whole], that exist; if all of the two Seah exist, he separates upon them eight Seah and a bit more, and if only one-half of them exist, he does not separate on them other than four Seah, according to the calculation of what he finds of them existing, thus he separates upon them and not more. And the Halakha is according to the Sages.
Mishnah 3
עין יפה אחד מארבעים – He who is prompted by the heart and donates the heave-offering generously, separates one in forty.
והבינונית אחד בחמשים – these are not the words of the School of Shammai, but rather, the first Tanna, who stated it. But from the generosity of the School of Shammai (who said one in thirty) you learn for their words what is selfishness/the evil eye and the middle/intermediate amount, even though they are not taught [explicitly] in our Mishnah.
ועלה בידו אחד מששים – as, for example, that he donated from an estimate/guess-work, and there came up into his hand one out of sixty which is selfishness/the evil eye.
חזר והוסיף חייב במעשרות – for he has already exempted and the designation of heave-offering does not fall upon what he adds, therefore, this addition is completely eatables forbidden pending the separation of sacred gifts , and he is liable for tithes.
מששים ואחד – as, for example, that there were sixty one Seah in the pile and he took up a Seah in his hand, that Seah is the heave-offering/Terumah.
ויחזור ויתרום כמו שהוא למוד – [if he was accustomed] to donate one from sixty, he should still separate one from sixty in a Seah, and if he was accustomed to donate one from fifty [Seah], and there were found that there still remained eleven Seah that had not been donated [for Terumah].
במדה ובמשקל – meaning to say, that excess/surplus that he donates [as Terumah], it is permissible to donate/separate out Terumah by measure, or by weight or by number. For they didn’t say to donate/separate Terumah] from an estimate, other than at the beginning of the heave-offerinf.
אף שלא מן המוקף – for Rabbi Yehuda holds that one does not need to donate [Terumah] from that which is near and adjoining, other than at the beginning of Terumah. But the Halakha is not according to Rabbi Yehuda.
מוקף – near and adjoing, and in the same place iself.
Mishnah 4
כדעתו של בעל הבית – because [he is one] who donates generously, and there are those who are miserly/with an evil eye, and there are those who donate the intermediate amount.
פיחת עשרה – and he donated one in forty.
או הוסיף עשרה – and donated [Terumah] from [one in] sixty.
תרומתו תרומה – for since that in one of he measures of he Sages he donated [Terumah], he can say to him: “For this I have estimated for you.”
ואם נתכוין להוסיף – that he knows the intention of the owner of the house, and he intended to add, even one, his heave-offering is not a heave-offering.
Mishnah 5
חד מעשרה – he is able to increase and to separate Terumah, for since that we find that the designation of Terumah in another place, which is one out of ten. But if it even greater [a percentage], the designation of Terumah is not on that excess, and it is unconsecrated produce that is subject to sacred gifts of tithes, and it is subject to the laws of Terumah, and this is its remedy, that he should make it Terumah of the tithe (i.e., that which the Levite gives to the Kohen) in another place, and give it to the Levite that he can make it the Terumah of the tithe of his eatables forbidden pending the separation of sacred gifts, and the Levite will give him unconsecrated produce corresponding to that excess. And that we say that he should make it Terumah of the tithe for another place and did not say that he should make it Terumah/heave offering for another place, because we don’t give Terumah/heave offering other than from that which is close b, vut the Terumah of the tithe, we separate it from something not close by.
מחצה חולין ומחצה תרומה – that he (i.e., Rabbi Yishmael) held that a person can make half of his pile Terumah/heave-offering, as it is written (Deuteronomy 18:4): “You shall also give him the first fruits [of your new grain and wine and oil, and the first shearing of your sheep],” it is enough for the first that it be like grain [and the first is Terumah/heave-offering] and the grain is the left-overs.
עד שישייר שם חולין – we do not require oly that its left-overs be recognized, and the Halakha is according to Rabbi Tarfon and Rabbi Akiva.
Mishnah 6
הכלכלה – the basket that they measure in it to separate the tithes and the Terumah of the tithe, for we don’t separate them other than by measurement, and by number and by weight, as it is taught in the Mishnah (see Tractate Terumot, Chapter 1, Mishnah 7), and don’t increase to tithe by estimations, but the Great Terumah – we do not separate it other than from estimation, as it is taught in the Mishnah above (Tractate Terumot 1;7).
משערין את הכלכלה – [the calculate] to know what they will bring in from the produce.
בבכורות – at the time when the produce are in their ripening stage and are in their fullness and the basket includes less of them from what it holds of them at the end of the summer, when they begin to reduce in size and they are shriveled [and] thin (see Genesis 41:23).
ובאמצע הקיץ – when they are ripened and are not shriveled, and the basket holds from the produce more than what it holds of them when they fully developed, but less than what hit holds of them at the end of the summer when they have become reduced in size. Therefore, we calculate at these three seasons/times.
ובסייפות – produce that is at the end of the summer.
המונה משובח – from the one who removes through estimation.
והמודד משובח וכו' – and especially with tithes and the Terumah of the tithe, but not with the Great Terumah (i.e., that two percent which is given to the Kohen by Israelites), as we have explained.
Mishnah 7
תרומה עולה באחד ומאה – a Seah of heave-offering/Terumah that fell into one-hundred Seah of unconsecrated produce, which are, amidst everything one-and one-hundred, he takes one [Seah] from them and gives it to the Kohen, and the rest is unconsecrated produce as they were.
במאה ועוד – if a Seah of heave-offering/Terumah fell into ninety-nine Seah of unconsecrated produce and a bit more than ninety nine, and this a bit more, has no measurement, for since there is one-hundred and another something, he takes one Seah and gives it to the Kohen, and the rest is unconsecrated produce as they were.
קב למאה סאה שתות למדמע – if a Seah of Terumah/heave-offering fell into ninety-nine [parts] of unconsecrated produce and a Kab more, for the Kab is one-sixth of a Seah of Terumah in a proportion that makes the whole prohibited to non-priests, for a Seah is six Kabim, then he takes one Seah and the rest is unconsecrated produce as they were. But if there was unconsecrated produce less than ninety-nine [parts] and a Kab, the entire whole is forbidden to non-priests, and all of it should be sold to a Kohen at the value of Terumah outside of the value of a Seah of the Terumah that is in it. But the Halakha is according to Rabbi Eliezer that the Terumah is not offered with less than one hundred and one. For the Tanna/teacher of the Mishnah taught for us taught us anonymously according to him in several places. And everyone admits that the Terumah is not offered with one-hundred alone, and all the more so, with less than one-hundred [corresponding parts] as it is written (Numbers 18:29): “from every thing its best portion, the part thereof that is to be consecrated,” a thank that you donate from it [as Terumah], if it fell into it, you sanctify it, which is identical with one from one -hundred [parts], for from one-hundred Seah, you separate ten for First Tithe, and from those ten Seah for the Terumah of the tithe, and the All-Merciful stated that if that Seah returned to the ninety-nine, you sanctify them and everything becomes forbidden to non-priests, subject to the laws of Terumah.
Mishnah 8
תאנים שחורים מעלות ת הלבנות – a fig of heave-offering, black or white, that fell into one-hundred unconsecrated figs , half of them black and half of hem white, all of them combine to be voided, for if he had wanted, he would tread on them and mix them all together. But if a a black one fell, it neutralizes one from the black ones, and if a white one [fell], it neutralizes one of the white ones, and the remainder are unconsecrated produce as they were.
עגולי דבלה – cakes of of figs that are pressed/stamped with a round mold in which figs are pressed, the large ones neutralize the small ones,, if there are fifty small cakes found there and twenty-five large cakes, and one of he large ones is like two of the small ones, and there fell into them a small cake of heave-offering/Terumah, they assist all of them to be nullified. And similarly, round ones neutralize the figs pressed in quadrangular molds, these round ones are pressed in a round mold, the quadrangular ones are figs pressed in the square shape, like a frame/mold that they make the square stamped ones.
רבי אליעזר אוסר – if a black one fell, the black ones are forbidden, and id if what one fell, the white ones are forbidden, and similarly, large and small ones, and round and square ones, that which is similar to what fell are forbidden.
בידו מה נפלה – black or white, they do not neutralize, because one is able to eat the others, and since they are permitted, they do not help to nullify. But if it is not known if black ones fell or white ones fell, that all of them are doubtfully forbidden, they neutralize each other, and he Halakha is according to Rabbi Akiva.
Mishnah 9
כיצד – it comes to explain the words of Rabbi Akiva.
ובזו ר' אליעזר מחמיר – of that which we taught above (in Mishnah 8), but in what that he need to say further on (the next Mishnah), it is the opposite.
Mishnah 10
בדורס ליטרא קציעות – a Litra/pound of dry figs of heave-offering.
על פי הכד – of heave-offering [in the mouth of a jar] and there are many jars.
ואין ידוע – in which jar he stuffed in [the figs], and in each jar there are one-hundred Litra/pounds of unconsecrated produce (i.e., figs), even if there are aren’t here one hundred according to the law, Rabbi Eliezer permits it. But even though that it is known that the Litra in the mouth of the jar is of heave-offering, and is not mixed with the unconsecrated produce (i.e., figs), we view them as if they were separated from their place and the unconsecrated produce (i.e., figs) combined with the heave offering and are neutralized in one and one-hundred. But Rabbi Yehoshua holds that since they are not mixed/combined, the bottom/lower ones do not assist to nullify the upper ones, but rather, the rims at the bottom of the vessel are permitted, whereas the ones at the mouth are forbidden, until there will be there one-hundred according to the law and it will nullify the mouth of this jug with one-hundred mouths, and the Halakha is according to Rabbi Yehoshua.
Mishnah 11
מגורה – a storehouse where they store the grain.
וקפאה – he removed what was above, the Aramaic translation of (II Kings 6:6): “and he made the ax head float”: the iron floated.
אם יש בקפוי תעלה באחד ומאה – The Jerusalem Talmud explains that this is what he said: if there is in the skimming with what is underneath it one-hundred and one [parts], it is neutralized, and Rabbi Eliezer, according to his reasoning, who said that he ones on the bottom neutralize the ones on the top, and it comes to tell us that even though he skimmed it, he revealed his intention that it had not become mixed with the bottom ones, nevertheless, the bottom ones assist to nullify.
ורבי יהושע אומר לא תעלה – Rabbi Yehoshua, according to his reasoning who said about that the bottom ones do not assist to nullify.
סאה תרומה וכו' – it is the conclusion of the words of Rabbi Yehoshua, and this is what he said: since it is not neutralized, how does he do it? יקפיאנה – he should remove what floats above and a bit around it until he knows that he removed everything, and all of the rest is unconsecrated produce.
אם כן למה אמרו – our Mishnah disputes the words of Rabbi Yehoshua. If so, in which place did they say that heave-offering requires one and one hundred [parts], since there is repair through skimming. And they respond that when it is not known if the Seah had become mixed up in the storehouse after it fell on the lip of the storehouse, alternatively, from the outset, it was not known where it fell, and the Halakha is according to Rabbi Yehoshua.
Mishnah 12
שתי קופות – in each one is fifty Seah [of unconsecrated produce].
ואין ידוע לאיזו מהן נפלה – and both are forbidden from doubt, they assist each other tonullify, and if he wanted to neutralize a Seah from this one, he neutralizes, from that one, he neutralizes, half from this and half from that one, he neutralizes. And these two bins, even if they are in two homes, and it is not known from into which the Seah of heave-offering fell, they neutralize each other, because it is their manner to be vacated, and they are carried from place to place and sometimes are mixed with each other. But two storehouses are not carried; when they are in the same house, they neutralize each other, and if they are in two [houses], they don’t neutralize each other.
ר"ש אומר אפילו הן שבתי עיירות – but the Halakha is not according to Rabbi Shimon.
Mishnah 13
שנפלה אחת מהן – one bunch in a similar manner, and it is not recognized from between them, and that bunch was half unconsecrated produce and half heave-offering.
שהיו שם מאה ושני חציים – with the half of heave-offering which is in it, and Rabbi Yosi teaches us that the the bunch which is half heave-offering becomes Terumah, but according to he percentage of Terumah that is in it, and we don’t say that the entire bunch becomes forbidden to non-priests, since it is Terumah that is mixed with unconsecrated produce.
Chapter 5
Mishnah 1
סאה תרומה טמאה שנפלה לפחות ממאה חולין – for impure heave-offering also is neutralized with one and one-hundred.
ירקבו – for it is impossible for a Kohen to consume it because it is impure heave-offering. And surely as it is not taught in the Mishnah "ידלקו" /”that it should be burned,” tbecause we are concerned that perhaps that if he kindles them, they would come to a stumbling block/snare and that they would come to eat from it, because it is considered a mixture of heave-offering and unconsecrated produce (which is forbidden to non-priests), people would treat it lightly and they would not be careful about it all that much.
אם טהורה היתה אותה סאה – and also the unconsecrated produce should be sold to the Kohanim at the [low] cost of the Terumah/heave-offering, for its worth is less, because there aren’t many who consume it, if it is defiled, it is not fit for eating.
חוץ מדמי אותה סאה – for it is necessary to give it to the Kohen.
ואם למעשר ראשון – pure [First Tithe] whose tithe had not been taken from it, the Terumah of the tithe that fell, he should request from the Levite that he should exchange them with unconsecrated produce, and the Levite should make them the Terumah of the tithe on his eatables forbidden pending the separation of sacred gifts..
ואם למעשר שני והקדש טהורים נפלה – he should redeem them and consume the monetary worth of the tithe in Jerusalem, and that mixture of heave-offering and unconsecrated produce should be sold to the Kohanim at the monetary value of the heave-offering less the value of that Seah.
ואם טמאים היו – the unconsecrated produce and the First Tithe into which pure heave-offering fell, for now, he is not able to produce Terumah of the tithe on another place, he separates upon it Terumah of the Tithe and sells them to Kohanim, and the Kohanim can eat them in small bits, in explanation, in a dry condition, like (Joshua 9:12 – not quoted correctly by Bartenura): “[This bread of ours….and see] how dry and crumbly it has become.”
או קליות – just as that the ritually pure heave-offering was not made fit to receive Levitical uncleanness , and all food-stuffs that do not have liquid come upon them from the seven liquids (see Tractate Makhshirin, Chapter 6, Mishnah 4: dew, water, wine, oil, blood, milk, the honey of bees), it is not fitted to receive Levitical uncleanness.
או ילושו במי פירות – as, for example, mulberry juice and pomegranates that are not made fit [to receive Levitical uncleanness].
או יחלקום לעיסות – that he will give less than an egg’s bulk in each [little] lump of dough/started dough, and food-stuffs that are less than an egg’s size does not receive ritual impurities of eatables and it doesn’t defile ritual defilement of eatables, and if someone asks what is the difference from a Seah of ritually impure heave-offering that fell into ritually pure unconsecrated produce, that we state that it should rot, because it makes everything heave-offering and is considered like ritually impure and heave-offering that were mixed and would be forbidden to be eaten? But one can say that they are not similar, for above, this unconsecrated produce became like heave -offering, to be prohibited to foreigners (i.e., non-priests) on the strength of the ritually impure heave-offering, therefore, for Kohaim also, they are forbidden according to the law of ritually impure heave-offering/Terumah, but those unconsecrated produce of here, are not made into heave-offering, other than from the strength of pure heave-offering, therefore, they are permitted to Kohanim like ritually pure Terumah.
Mishnah 2
סאה תרומה טמאה שנפלה למאה חולין טהורים – and now the heave-offering is neutralized in one-and one hundred and everything is not made into a combination of heave-offering and unconsecrated produce that is prohibited to all non-priests. But the pure unconsecrated produce is not made fit to receive ritual impurity, nor does the ritually impure unconsecrated produce defile them.
תרום ותשרף – just as if the pure heave-offering was neutralized and eaten, so too, that which is ritually impure should be separated as heave-offering and burned. And that being burned is similar to that rotting, for it is prohibited to benefit from it at the time when you burn it, for if you permitted it be able to derive benefit from it, you might come to eat it, for he holds that it is permitted through renunciation.
תעלה ותאכל נקודים – as dry stuff, all of this as we have explained above (in Mishnah 1 of this chapter), and the Halakha is according to the Sages.
Mishnah 3
תעלה ותאכל – In this, Rabbi Eliezer agrees that even that Seah is eaten, because of that above of ritually impure heave-offering that fell, even though it was suspended in pure heave-offering, nevertheless, when he causes heave-offering to be collected and it returns to its first designation, but here, when the pure [heave-offering] fell, even though the heave offering was ritually impure, when he collects it, it returned to the designation fo ritually pure heave-offering as it was.
Mishnah 4
ב"ש אוסרים – who (i.e., the School of Shammai) holds that impure heave-offering that was mixed with pure [heave-offering] is not neutralized in one and one-hundred, as we explain the reason further on.
לאחר שהודו – the School of Shammai to the words of the School of Hillel. Because the School of Hillel raised a difficulty to the School of Shammai: If evfen iturally pure heave-offering [which is punishable] by death [if eaten] by foreigners (i.e., non-Kohanim) is neutralized, impure [heave-offering which is a positive-commandment regarding a Kohen, is it not obvious? And the School of Shammai retracted to teach according to the words of the School of Hillel.
תרום ותשרף – and the rest is permitted.
אבדה במעוטה – since it is all heave-offering, and there isn’t an injustice to the tribe [of Levi] even to elevate it [as a heave-offering] is unnecessary. And the Halakha is according to the Sages.
Mishnah 5
כתרומה ודאי – Rabbi Eliezer, according to his reasoning who said that I state that a Seah that fell is a Seah that was neutralized.
אינה מדמע אלא לפי חשבון – and the Seah that he lifted up, only has one part from one-hundred of heave-offering, and the rest is unconsecrated produce.
Mishnah 6
אין המדומע מדמע אלא לפי חשבון – because what that is Terumah/heave-offering in this Seah of mixed heave offering and unconsecrated produce we require one-hundred of the unconsecrated produce, but we don’t require one-hundred Seah corresponding all of that Seah of mixed heave-offering and unconsecrated produce , which is not considered completely Terumah/heave-offering to prohibit secondary unconsecrated produce.
ואין המחומץ מחמץ אלא לפי חשבון – started dough of unconsecrated produce that had leavened in leaven of heave-offering, it is all forbidden to foreigners (i.e., non-Kohanim) and if there fell from that started dough into another piece of stared dough of heave-offering and became leavened, it is not forbidden other than according to the calculation [of the quantity of true heave-offering contained in the mixture] of the measure of leave of Terumah that is mixed in it, and does not forbid another piece unless there fell from the first a measure so large that there is in the leaven of Terumah that is combined in it in order to leave the later piece without combination of the unconsecrated produce that is combined with heave-offering.
ואין מים שאובים פוסלים את המקוה אלא לפי חשבון – A Mikveh/ritual bath that has in it twenty-one Seah of rain water, we will fill/draw on its shoulder nineteen [additional] Seah and let it run through a conducting channel/gutter into the Mikveh (see Tractate Temurah 12b) and they are pure, and even though three Seah of drawn waters disqualify a Mikveh, the drawn waters are kosher when it is through a conducting channel it was there that most of the measure of the Mikveh, which is twenty-one Seah of rain water, according to the calculation, for the drawn waters do not disqualify the Mikveh when they are going through a conducting channel unless there are twenty [Seah] of drawn water, for isn’t there the majority of the measure of the Mikveh from rain waters. And the Halakha is according to the Sages.
Mishnah 7
הגביהה – according to the law of heave-offering that is neutralized in one-and one-hundred.
הרי זו מותרת – and one needs to lift it up [out of the mixture].
עד שתרבה תרומה על החולין – that is, until there would fall there fifty-one [parts] of heave-offering/Terumah, but half by half is permitted.
Mishnah 8
עד שנפלה אחרת – another Seah of heave-offering/Terumah.
הרי זו אסורה – that it is like they fell at one time.
ור' שמעון מתיר – and it was known known to about first falling until it fell a second time, Rabbi Shimon admits that it is like the case when they fell at the same time. But he disputes where it was known to him in the meantime and he did not have the opportunity to lift it up until another fell, Rabbi Shimon holds that since he was about to lift it up is like something that has been lifted up, and he goes according to his reasoning , that he holds in general (Tractate Pesahim 13b; Tractate Bava Kamma 76b): He who is about to be sprinkled is considered as if it was sprinkled, but the Sages state that now, hoever, it was not lifted, and the Halakha is according to the Sages.
Mishnah 9
וטחנן – all of it [was grounded] at one time.
ופתחו – and we don’t say that unconsecrated produced lessened but not the heave-offering, and there isn’t one-and one-hundred [parts neutralizing it] and it is forbidden.
ואם ידוע שהחטים של חוליין יפות משל תרומה מותר -, and those of the unconsecrated produce increased [in amount] but those of heave-offering did not increase, and there is here one-and one-hundred, but even though that initially they were forbidden, they returned and became increased through grinding, and even ab initio, he is able to grind it in order to permit them.
ואם מזיד אסור – the Rabbis fined him because he nullified a prohibition ab initio, and the same law applies to all of the prohibitions in the Torah that were nullified willfully that are prohibited.
Chapter 6
Mishnah 1
האוכל תרומה שוגג משלם קרן וחומש – as it is written (Leviticus 22:14): “but if a man eats a sacred donation unwittingly, he shall pay the priest for the sacred donation, adding one-fifth of its value.” And the one-fifth is one quarter of what he ate, as for example, if he ate heave-offering that was worth a Denar, he pays a Deinar and one-quarter, which are amidst all, five-fourths Denar, it is found that the principle with its fifth is five, and all the added-fifths mentioned in the Torah are such.
אחד השותה – [who drinks] wine.
ואחד הסך – [who anoints] with oil. For drinking is included within eating, as it is written (Deuteronomy 14:26): “[and spend the money on anything you want -] cattle, sheep, wine, or any other intoxicant,” and it is written afterwards (ibid.,) “and you shall feast there.” And anointing is like drinking, as it is written (Psalms 109:18): “May it enter his body like water, his bones like oil.”
וחומש חומשה – for if he ate heave-offering and paid the principal and added-fifth, and went back and ate the payment of the fifth, he adds a fifth on that same fifth.
אינו משלם תרומה – for the heave-offering is for the Kohen, and the payments of what he ate are an obligation upon hi, and he is not able to pays his obligation from another place.
אלא חולין מתקונים – tha they separated from them heave-offerings and tithes, for the All-Merciful stated (Leviticus 22:14): “He shall pay the priest for the sacred donation,” that things which is appropriate to me holy. And the added fifth also needs to come from designated unconsecrated produce , as it is written (Leviticus 22:14): “adding one-fifth of its value,” teaching that its added fifth is like it.
והן נעשין תרומה – those designated unconsecrated produce.
והתשלומין תרומה – if he went back and inadvertently ate that unconsecrated produce that had been paid, what he goes back and pays in their place, they also become heave-offering.
אינו מוחל – for since the decree of the Biblical verse is that he is liable to pay the appropriate thing to become holy and is not able to exempt himself with money, the matter is not dependent upon the owners.
Mishnah 2
בת ישראל – [the daughter of an Israelite] who separated heave-offering, but did not give it to the Kohen and inadvertently ate it [herself].
ואח"כ נשאת לכהן – and behold she is worthy to consume heave-offering/Terumah for the wife of a Kohen eats heave-offering/Terumah.
משלמת קרן וחומש לעצמה – behold if that selfsame heave-offering that she ate now in its natural form, she would not be liable to give to a Kohen for she has become a Kohenet through her marriage. Therefore, now, the payments are hers.
משלמת קרן לבעלים – according to the law of steal from one’s colleague, but the added fifth is detained for herself.
Mishnah 3
הוא משלם את הקרן – he value of the heave-offering, according to the law of theft for he has become a thief regarding it.
והן משלמין את החומש – the transgression of their eating inadvertently, but they do not pay the added firth, but rather eat and drink and anoint himself , but the person who damages the heave-offering does not pay the added fifth, as it is written (Leviticus 22:14): “But if a man eats of a sacred donation unwittingly, [he shall pay the priest for the sacred donation, adding one-fifth of its value], excluding the one who causes damage.
הן משלמין קרן וחומש – properly designated unconsecrated produce, and they should make it Terumah, and he pays them the value of the unconsecrated produce that he would have had to feed them. But there is a difference between them, for the person who feeds does not pay anything ought the value of the heave-offering, but according to the Rabbis, he pays the value of the unconsecrated produce.
Mishnah 4
דמי תרומה – for its value is not expensive like unconsecrated produce.
וחומש מן החולין – and they are made heave-offering, like the law of all who eat heave-offering inadvertently.
וקרן דמי תרומה – because of the double [fine] to the thief.
תרומת הקדש – that the Kohen dedicated for Temple repair.
שני חומשים – one because he at heave-offering, and one because he benefited from that which was dedicated to the Temple, but there is no double payment for dedication to the Temple, as it is written (Exodus 22:8): “he whom God declares guilty shall pay double to the other,” but not to the Temple.
Mishnah 5
מן הלקט ומן השכחה ומן הפאה – because they do not have in them the obligation [to pay] heave-offering/Terumah and tithes, therefore, they are not within the general thing that is appropriate to become holy, and they are not similar to designated unconsecrated produce for these were appropriate to being holy prior to being designated/fixed, but gleanings and that which was forgotten and the corner [of the field] did not appear to be holy.
ומן ההפקר – for after he took possession of it.
ולא ממעשר ראשון שנטלה תרומתו – for even though that now, they are like designated/fixed unconsecrated produce, since it precedes taking its heave-offering it was not appropriate, it is also not not appropriate.
שאין הקדש פודה הקדש – and these are important like that something dedicated to the Temple prior to their being redeemed, and a person cannot exempt himself with the money belonging to “On High.” And Rabbi Meir holds that Second Tithe is the money of “On High,” and since it is prior to their being redeemed they were not appropriate, further, it is not appropriate after they are redeemed.
וחכמים מתירין באלו – with Second Tithe and that dedicated to the Temple which was redeemed. And the Halakha is according to the Sages.
Mishnah 6
שישלם מן היפה על הרע – as for example, that he ate dried figs, and according to the measure that he consumed dried figs, he should pay dates, and not according to the value, for since that he consumed a Zuz’s worth, that he pays back a Zuz – what difference does it make to him if he should pay from greater choice for less choice. And here are those who state that even according to the value, we are able to say that if he ate something that purchasers don’t jump to buy, he should pay with something that purchasers jump to buy. and are not worthy for eating, but another species he is not able [to pay]; he must wait until the aftermath of the Sabbatical year and pay from cucumbers from the aftermath of the Seventh Year, but from the Seventh Year [itself] are forbidden to pay his liability, for that is similar to doing business [which is prohibited on the Sabbatical year].
לפיכך – he cannot pay from another species; if he ate cucumbers of heave-offering of the eve of the Sabbatical year, and there are no cucumbers of that year found any longer, for they have become hard,
Chapter 7
Mishnah 1
האוכל תרומה מזיד – without warning, for whereas if they warned him, he is flogged and does not pay. But even thought that without warning, he is liable for death at the hands of heaven, he is not exempted from payment/indemnity.
ואינו משלם את החומש – for the Torah did not obligate the added fifth, other than for one who consumes heave-offering inadvertently.
התשלומין חולין – for payment of someone who acted inadvertently alone, the All-Merciful calls him “holy,” as it is written (Leviticus 22:14): “[but if a man eats of a sacred donation unwittingly,] he shall pay the priest for the sacred donation, [adding one-fifth of its value],” but payment of someone who acts willfully is unconsecrated produce, for since they are unconsecrated, if the Kohen wants to refuse, he can refuse, what is not the case with payment of a person who acts inadvertently, that if he wants to refuse it, he cannot refuse it because they are holy.
Mishnah 2
בת כהן שנשאת לישראל – and she is forbidden to consume heave-offering.
משלמת את הקרן – according to the law of someone who steals from his neighbor, but not the added fifth, for she is the daughter of a Kohen, as it is written (Leviticus 22:10): “No lay person shall eat of the sacred donations,” excluding this one who is not a foreigner (for after all, she is the daughter of a Kohen), and it is possible for her that she will return to the house of her father like in her youth (i.e., if she is divorced by her husband, for example) and she would be permitted to eat heave-offering.
ומיתתה בשריפה – if she ran about as a prostitute underneath her Israelite husband, as it is written (Leviticus 21:9): “When the daughter of a priest defiles herself through harlotry, [it is her father whom she defiles; she shall be put to the fire],” as long as she is the daughter of a Kohen, it doesn’t matter whether the wife of a Kohen nor the wife of an Israelite, she is [put to death] through burning by fire.
נשאת לאחד מכל הפסולים – as, for example, one unfit for the priesthood on account of his father’s illegitimate connection/חלל, a descendant of the Gibeonites/נתין and an illegitimate child/ממזר, pays the principle and an added fifth, for she became degraded/desecrated through his sexual union [with her] and she is not worthy any longer to consume heave-offering, and behold, she is like a foreign woman.
ומיתתה בחנק – as it is written (Leviicus 21:9): “When the daughter of a priest defiles herself though harlotry.” Whomever is worthy of returning to her father’s house, if it were not for this prostitution, she [would be punished] by fire/burning, excluding if she had sexual intercourse with someone who is unfit for her where she is not worthy to return to her father’s house, for this is not [punishable] through burning.
וחכמים אומרים כוכ' – for she is not a “foreign woman” until she is a foreigner from her beginning until her hend, and this since she has already eaten heave-offering, she does not pay the added firth.
ומיתתה בשריפה – “when the daughter of a priest” (Leviticus 21:9) is written, anyway. And he Halakha is according to the Sages.
Mishnah 3
המאכיל את בניו הקטנים – for these [minor-age children] are not liable, and his slaves, even if they are adults.
ותרומה חוץ לארץ – even though it is subject to the laws of heave-offering/Terumah, we don’t add the added-fifth [payment] to it.
Mishnah 4
Mishnah 5
לתך על תרומה נפלה – and that of heave-offering is permitted, and specifically, with two bins, one of unconsecrated produce and one of heave-offering. We suspend heave-offering into heave-offering that fell that has a permission for two bins. But if one of them is unconsecrated produce and one of them are eatables forbidden pending the separation of sacred gifts/טבל, or First Tithe and similar kinds of things, we do not suspend that the heave-offering fell into eatables forbidden pending the separation of sacred gifts in order to permit the unconsecrated produce, for after that the eatables forbidden pending the separation of sacred gifts became totally prohibited to non-priests, and for why do you see it appropriate to prohibit this bin more than that one? And similarly, with ritually impure or ritually pure, we suspend with ritually impure or with something completely forbidden to non-Kohanim and that which is not completely forbidden to non-Kohanim we suspend with that which is completely forbidden to non-Kohanim? The general principle of the matter is that wherever that one is not spoiled/ruined, we suspend it.
אבל אחת מהן פטור – for perhaps he ate from unconsecrated produce.
וחייבת בחלה – for it is doubtful unconsecrated produce.
ורבי יוסי פוטר – for since he did not know it would be like something forbidden to non-Kohanim (i.e., the that which is Terumah mixed with unconsecrated produce) , which is exempt from Hallah. And the Halakha is according to Rabbi Yosi in all three segments of our Mishnah.
אכל – another person ate from the second [bin], he is exempt.
כקטנה שבשניהם – to be lenient.
Mishnah 6
אינה מדמעת – for perhaps it is identical with that of unconsecrated produce.
Mishnah 7
זרע אחת מהן פטור – he who sows heave-offering/Terumah inadvertently, must turn over the ground, and if he did not overturn it, the large ones are Terumah/heave-offering, but here he is exempt because they are like unconsecrated produce.
בדבר שזרעו כלה (the seed does not disintegrate) – as, for example, wheat and barley; it is permitted to foreigners (i.e., non-Kohanim) for this is not definitely heave offering, but we consider it like the growth [of produce entirely forbidden to foreigners] as is taught in the Mishnah in chapter nine (see Tractate Terumot, Chapter 9, Mishnayot 5-6) that they are unconsecrated produce.
כדבר שאין זרעו כלה – as, for example, garlic and onions which are forbidden, even though we consider it as something completely forbidden to non-priests, and not like Terumah, for in a case where the seed does not disintegrate, we must be more stringent.
Chapter 8
Mishnah 1
האשה – the daughter of an Israelite married to a Kohen.
מת רבך – and he was inherited by the son of his daughter from an Israelite or his daughter was married to an Israelite.
שהוא בן גרושה או בן חלוצה – and he is unfit/disqualified from eating Terumah/heave-offering.
רבי אליעזר מחייב קרן וחומש – in all of them.
ורבי יהושע פוטר – In the Gemara (Tractate Pesahim 72b; Tractate Yevamot 34a), it maintains it especially with eating leavened heave-offering on the Eve of Passover, because his time (for doing the thing) is pressed (and cannot be postponed) and the hour is pressed as he stands to remove the leavening from the Terumah/heave-offering. And the Halakha is according to Rabbi Yehoshua.
ורבי יהושע מכשיר – as it is written (Deuteronomy 33:11): “Bless, O Lord, his substance, and favor his undertakings,” even one unfit for the priesthood on account of his father’s illegitimate connection, that he favor his undertakings.
נודע שהוא בעל מום עבודתו פסולה – even according to Rabbi Yehoshua, as it is written (Numbers 25:12 – and not chapter 28, as indicated in the printed text): “My pact of friendship/peace,” when he is complete and when he is lacking/defective. And the Halakha is according to Rabbi Yehoshua.
Mishnah 2
וכולם – a slave and a woman who ate from the beginning with permission, it is in this that Rabbi Eliezer states that they should swallow it. But the son of a woman divorcee or the son of a woman who performed the ceremony of removing her deceased husband’s brother’s shoe, that forever did not eat with permission, Rabbi Eliezer admits that he should spit it out, something that he was disqualified, or the heave-offering was disqualified prior to his placing it in his mouth, as Rabbi Eliezer admits that he should spit it out.
אם שטעם טעם פשפש – an unclean reptile, for when they crush it, his breath is most repulsive, and it is found in the walls and in the beds and we call it B’KEE in Arabic and in the foreign language, TZIMITZA, and the Halakha is according to Rabbi Yehoshua.
Mishnah 3
היה אוכל באשכול – he detached a cluster from the vine that is in the garden and he would eat while walking until he entered the courtyard, for the courtyard establishes [its liability] for tithing, and even an incidental meal is forbidden until he separates heave-offering and tithes.
ר' אליעזר אומר יגמור – not that he should eat in the courtyard, but rather, he should leave outside the courtyard and complete eating the cluster in the garden.
לא יגמור – and even in the garden, until he tithes.
חשיכה לילי שבת – and he was eating an incidental meal, for Shabbat establishes [liability for] tithing and even an incidental meal is prohibited.
יגמור – on Saturday night, but on Shabbat itself, he admits that it is prohibited.
לא יגמור – even on Saturday night, until he tithes, and the Halakha is according to Rabbi Yehoshua.
Mishnah 4
ישפך – and there isn’t here because of the destruction of heave-offering because it is forbidden to drink of it, lest a snake drank from it.
ושארכל המשקים מותרים – because a snake does not drink from them, but that the honey and brine and pickle (containing fish-hash and sometimes wine) and pounded garlic, all of these are mentioned in the Gemara (Tractate Hullin 49b) for prohibition, for the snake drinks from them.
כמה ישתה – how much should stand uncovered.
הרחש – the snake, and because it walks on its belly, it is called רחש/a creeping thing/reptile, for it does not appear like walking but rather, like moving/vibrating and shaking.
ממקום קרוב – the explained it (Tractate Hullin 10b), in order that it can go out from underneath the ear of he utensil, and it will drink and return to its hole.
Mishnah 5
שיעור המים – that it would be forbidden because of being uncovered.
כדי שתאבד בהןמרה – if here was such a great deal that the poison of the snake would deteriorate [its venom] and would be lost in them, there would be nothing of being uncovered, and they would know how much poison a snake it puts in at one time.
מרה – the poison that the snake puts in is called מרה/bitterness.
בכלים כל שהן – even if they are many, whatever the amount as they are, there is in them on account of be uncovered, when the water is in the utensils.
ובקרקעות עד מ' סאה – there is in them because of being uncovered, more than this, there is none because of uncovering, for the poison is abolished in them. But the Halakha is not according to Rabbi Yosi. But a spring that draws out even a bit, there is nothing in it of uncovering. And uncovered kwaters when they are prohibited to drink them, thusly there are forbidden to give to his cattle to drink and to wash in them his face, hands and feet, and to knead the plaster, and to use them in any manner of usage.
Mishnah 6
נקורי תאנים – a fig in which appears in it a biting, it is prohibited, perhaps the snake bit it and put in it poison.
אפילו הן ככר – meaning to say that they are very large and the bite is from one side, he should not say that he eats from one side and I [eat] from the other side.
כל שיש בו ליחה – the poison combines with the moisture, and permeates through everything, ut in a dry thing, he cuts the bitten part and eats the rest.
ונשוכת נחש – a beast/cattle that was bitten by a snake and he slaughtered it (i.e., the cattle), it is forbidden, because the poison permeates in the entire body.
Mishnah 7
משמרת של יין – even though the lower uensil is covered with a strainer, there is in it because of uncovering, for the poison passes along the path of the strainer and goes into the lower utensil.
רבי נחמיה מתיר – because the poison floats and does not pass, but the Halakha is not according to Rabbi Nehemiah.
Mishnah 8
ספק טומאה – as, for example, two jugs in the private domain, and a reptile touched one of them, and it is not known to which of them, and both of them are suspended.
במקום התורפה – a place that is ownerless and it stands to suffer loss there.
יניחנה במקום המוצנע – for he is still careful on its being guarded, as it is written (Numbers 18:8): “[I hereby give you] charge of all My gifts, [all the sacred donations of the Israelites],” with two heave-offerings the Biblical verse speaks – one is pure heave-offering and the other is suspended Terumah and both of them require guarding.
ר' יהושע אומר וכו' – for he holds that the word "תרומתי" – is written without the [letter] “Vav”, and there is the traditional Scriptural text (i.e., letters without vowels) is authoritative in Biblical interpretation.
אל יחדש בה דבר – and there is no need to guard it, and it is even prohibited to cause the riual defilement, and he Halakha is according to Rabban Gamaliel.
Mishnah 9
בגת העליונה – place where they store it away.
והתחתונה – a pit on the inside of the vat where the wine goes into it.
טמאה – it has ritually impure unconsecrated produce, and it is appropriate for it during the days of its ritual defilement, or for someone who does not consume unconsecrated produce in ritual purity, and if the heave-offering/Terumah falls into it, he should have something impure that is forbidden to all non-priests, but even to Kohanim, it is not appropriate.
ואם יכולים להציל ממנה רביעית – if he able to search around behind the utensils and to save from it a fourth [of a LOG; a LOG= six eggs) in ritual purity prior to its all descending and becoming defiled.
יציל – he should go around behind he utensils and save it, and even though it is within , he should go round behind the utensils that it would descend from the heave-offering to the unconsecraed produce that is in the lower [vats] and he will lose the heave-offering, he should no defile the heave offering with hands to save the heave-offering, since he is able to save from it one-quarter of a LOG in ritual purity which is an important thing.
ואם לאו – that he should not find a totally pure utensil, and eventually, all of it goes o riual impurity, and in this they dispute, for Rabbi Yehoshua holds that he should defile it by hand, to save the heave-offering as it is taught at the end [of this chapter, Mishnah 11) “but as regards both of these cases (Mishnayot 9-10), Rabbi Yehoshua stated, etc. But Rabbi Eliezer holds that even though that ultimately, it would all go to become unclean, he should not make it unclean by hand to save the Hullin, but the Halakha is not according to Rabbi Eliezer.
Mishnah 10
וכן חבית של שמן – [a jug of] pure [oil] that spilled, and everything goes to loss, they dispute as what is above (in Mishnah 9), and thus they teach regarding oil that spilled, and they did not take it like regarding wine, because a barrel of oil [that broke] in the upper vat, but in the bottom is unconsecrated ritually impure produce, Rabbi Eliezer and Rabbi Yehoshua agree that if he is able to save from it one-fourth [of a LOG] in ritual purity, he should save it, and if not, let it descend, and he should not defile it by hand, because the oil is appropriate to kindle and they did not trouble to lose a little bit. And with wine, also, they did not dispute, other than specifically when the lower [vat] has less than one-hundred [parts] of unconsecrated produce, for the entire unconsecrated produce becomes forbidden even for non-priests, and there is loss, but if there is one-hundred [parts] of unconsecrated produce, everyone admits, do not defile it by hand because there is no loss.
Mishnah 11
ועל זו ועל זו – on that which a doubt of ritual impurity resulted, and on this that is getting lost, Rabbi Yehoshua stated he is not warned on their ritual defilement, and that which is is warned about, lest it become defiled, how so? He was passing [from place to place with loaves of heave-offering in his hand when a heathen approaches him who says to him – give him one of them so that he can defile it and if not he would defile all of them], Rabbi Yehoshua stated, he should leave one of them on the rock in order that he doesn’t cause ritual defilement to the others. Ans even that one, he should leave on the rock and not give it to him in his hand, so that he would not defile the hands. And the Halakha is according to Rabbi Yehoshua.
Mishnah 12
תנו לנו אחת מכם – they want to come upon her with force.
יטמאו כולן – they do not set aside the regard due to one human life for the sake of saving another human life, and in this, Rabbi Eliezer and Rabbi Yehoshua agree.
Chapter 9
Mishnah 1
הזורע תרומה שוגג יופך - he ploughs and turns it over, in order that will not grow, and there is nothing in this.
ומזיד יקיים – since it was called by the designation of Terumah/heave-offering on the field, it would appear like losing the heave-offering.
ואם הביאה שליש אפילו שוגג יקיים – because it is prohibited to destroy the Terumah/heave-offering.
ובפשתן מזיד יופך – and even if it brought forth one-third, in order that the chips will not benefit, and he will think that the seed alone is what is Terumah/heave-offering and is prohibited. But the essence of the flax is because of the chips and not because of the seed.
Mishnah 2
בדמי תרומה – that the growth of heave-offering is forbidden to foreigners (i.e., non-Kohanim).
לא ילקטו אלא עניי כהנים – for we suspect that when they glean it they will cast it into their mouths.
אם כן לא ילקטו אלא טהורים – because a ritually impure Kohen is prohibited with [consuming] Terumah/heave offering. And the Halakha is according to Rabbi Akiva.
Mishnah 3
וחייבת במעשרות – First Tithe and Second [Tithe], and the same law applies with heave-offering/Terumah.
ובמעשר עני – if it is the third year or the sixth year of the Shmittah (the seven year agricultural cycle), when the Poor Man’s Tithe is practiced on them.
החובט – growth of these heave-offerings with a staffs, behold this is praiseworthy , in order that he won’t need to muzzle the cattle that threshes it, for it is prohibited to allow her to eat with heave-offering if she is not the cow of a Kohen.
כפיפות – baskets.
מאותו המין – of unconsecrated produce, if it is wheat, wheat, and if it barley, barley.
נמצא לא זומם – meaning to say, he does not muzzle (by complying with the Torah law in Deuteronomy 25:4) and place a muzzle in its mouth, for behold it eats from the same species.
ולא מאכילה תרומה – in the basket, it is of unconsecrated produce that is supending by its neck that she consumes.
Mishnah 4
גדולי תרומה תרומה – from the Rabbis the Rabbis made an ordinance because of ritually impure heave-offering in the hand of a Kohen, just as that it should not be delayed/tarried with him until the time of sowing in order to sow it, and it comes to a stumbling block/snare, and because of this, they decreed that growth of heave-offering is like heave offering.
וגדולי גדולין חולין – he did not go back and sow that growth, its growth would be unconsecrated produce.
הטבל – its growth is unconsecrated produce because the majority of it is unconsecrated produce.
ומעשר ראשון – also because its majority is unconsecrated produce.
וספיחי שביעית – because they are not found and are not practiced in every year.
ותרומת חוץ לארץ – also because it is not found.
המדומע – that its majority is unconsecrated produce.
ובכורים – that are not found [that are] practiced other than with the seven species (i.e., wheat, barley, pomegranate, [grape] vines, figs, olives and date honey – see Deuteronomy 8:8).
גדולי הקדש ומעשר שני חולין – that if he sowed from them one Seah and added several Seah, it is unconsecrated produce. Even with something where its seed does not disintegrate..
ופודה אותם בזמן זרעם – he redeems all the storehouse with the value of that Seah.
Mishnah 5
מאה לגנה של תרומה – a field that was sown with garden beds and there are one hundred garden beds of heave offering and one of unconsecrated produce and it is not known which of these is of unconsecrated produce.
כולן מותרים – it is a leniency that they (i.e., the Rabbis) made with regard to the growth of heave-offering that one garden bed of unconsecrated produce is permits many garden beds with something where its seed has disintegrated.
אבל בדבר שאין זרעו כלה – one [garden-bed] of heave-offering prohibits one-hundred of unconsecrated produce, because the land does not neutralize with one and one-hundred.
Mishnah 6
הטבל גדוליו מותרים – with an incidental meal, when he ate [he needs to say, like the rest] of the eatables forbidden to be consumed pending the separation of sacred gifts, that their work was not completed.
בדבר שזרעו כלה – now the Tanna/teacher explains this matter that is taught in the Mishnah above (Mishnah 8), that eatables forbidden to be consumed pending the separation of sacred gifts, its growths are unconsecrated produce and they would not be so other than with something where its seed disintegrated.
אבל בדבר שאין זרעו כלה – meaning to say the garlic is considered that its seed disintegrates like the barley, and it (i.e., the Mishnah) took “barley” because there is nothing in the grains where its seed disintegrates and is lost quickly like barley. Another explanation: the garlic which is large like barley, its seed does not disintegrate, but less than the equivalent of a barley seed, its seed disintegrates. But the Halakha is not according to Rabbi Yehuda.
Mishnah 7
המנכש – tears out bad grasses that grow amindst the grain and the vegetables.
בחסיות – such as garlic and LOF (plants similar to colccasia, with edible leaves and root, and hearing beans – classified with onions and garlic) and onions and leek-green plants, all of these are called חסיות/leeks.
אע"פ שפרירותיו – of the idolater are eatables forbidden to be eaten pending the separation of sacred gifts, for this Tanna holds that there is no acquisition for an idolater in the Land of Israel to release him from the obligation for tithing, and the growth of eatables forbidden to be eaten pending the separation of sacred gifts is eatables forbidden to be consumed pending the separation of sacred gifts like something where the seed does not disintegrate, nevertheless, he eats from them an incidental meal.
שתילי תרומה – as, for example, saplings of cabbage and a species of beets. שנטמאו ושתלו טהרו מלטמא – and since they were attached/fastened to the ground, they became neutralized from he law of food. And if you should say that since the essence of the decree that the growth of heave-offering is like heave-offering, it is not other than because ritually impure heave-offering is in the hand of the Kohen, perhaps he will tarry near it and will become a stumbling block regarding him. Yet, since he purified it, he tarries with it. And one can say that heave-offering that is sold at a greatly cheapened price because it is not appropriate other than for ritually pure Kohanim and if it is defiled, it requires burning. Therefore, even if they would give heave-offering to a Kohen in order to sow it, he would [you must say “lose”] from abolishing his field. But if they were the growths of unconsecrated produce, he would detain the ritually impure heave-offering in order to sow it.
ואסורים לאכול – it is a mere preference.
עד שיגום האוכל – cut all that is appropriate for eating, and what will grow afterwards will be permitted.
עד שיגום וישנה – he will cutg what that grew also a second time, and and what that would grow from the second time onwards will be permitted. But the Halakha is not according to Rabbi Yehuda.
Chapter 10
Mishnah 1
בטל שנתנו לתוך עדשים – [of unconsecrated produce] and the same law applies [regarding] an onion of heave-offering that was placed within lentils [there is an error of the copier here, and as one needs to say: ‘onion that was placed in the midst of lentils,” with an onion of heave-offering that was placed within lentils [[of unconsecrated produce]], and the same law applies to onion of unconsecrated produce that was placed into lentils of unconsecrated produce, and we are speaking as for example, that he placed it in the lentils after it became ripe and its water had gone out from it, for then, the onion when it is whole discharges on the lentils but does not absorb from them. But if the onion had been ripened with the lentils, it is obvious, that it gives and absorbs taste, even when it is whole.
בנותן טעם – that the Kohen tastes them, that it is permitted in unconsecrated produce and in Terumah/heave offering, if it has the taste of heave-offering, everything is prohibited to foreigners (i.e., non-Kohanim), and if not, it is all unconsecrated produce as it was.
ושאר כל תבשיל – as, for example, garlic and purret (i.e., leek with a head), in a similar manner.
מתיר בצחנה – if he placed onion of heave offering in a small fish preserved in brine, which are small fish that are pickled in brine, he takes the onion and the small fish preserved in brine it is permitted, as long as the onion will be whole and it is not dissolved and is not combined with the small fish preserved in brine, for the onion that is placed in side it rather than to transfer the froth of the fish and not in order to give it a taste. But the Halakha is not according to Rabbi Yehuda.
Mishnah 2
תפוח – of heave-offering was chopped and placed when it is chopped and pounded into the started dough and it becomes leavened for since unconsecrated produce because of the heave-offering, that the dough was leavened is forbidden to foreigners (i.e., non-Kohanim).
אע"פ שהבאישו – because of the barley of heave-offering, its waters are permitted.
Mishnah 3
הרודה – removal of the bread/pita from the oven is called רדייה /detaching/taking bread out of the oven.
ונתנה ע"פ חבית של יין של תרומה – that now, the bead/pita absorbs and imbibes from the scent/smell of the wine.
ר"מ אוסר – that he holds that the scent/smell is a thing/affair.
ורבי יהודה מתיר – for he holds that the scent/smell is not a thing/matter.
מפני שהשעורים שובות – draw from the moistness of the wine of heave-offering, and the Halakha is according to Rabbi Yosi.
Mishnah 4
אלא ריח כמון – that exactly the smell of (spices) [cumin] enters into the pita/bread, and the scent/smell is not a matter, whether with heave-offering/Terumah or with all of the prohibitions tht are in the Torah. And if it is because the oven was heated with heae-offering, its prohibition is ot a prohibition of deriving benefit.
Mishnah 5
תלתן – In Arabic, CHOLBA, and in the foreign language, FENGREEG”U
אבל לא בעץ – even though that the taste of its stalk/tree and its fruit are equivalent, the tree does not combine with the fruit to prohibit the wine of unconsecrated produce, because the tree/stalk is not holy in heave-offering. But, [regarding] the Seventh Year and diverse seeds and that which is dedicated to the Temple, even the tree/stalk is prohibitd, for the stalk of fenugreek in wine provides a flavor to improve it.
Mishnah 6
ידלקו – for even the tree/stalk is forbidden, and the mixed seats/diverse kinds of the vineyard require burning as it is written (Deuteronomy 22:9): “else the crop-from the seed [you have sown]- and the yield of the vineyard,” lest it become burned with fire (i.e., lest it become sacred -forbidden property – lest a fire must be lighted – (for burning it – Jerusalem Talmud, Pesahim 28c).
ומחשב כמה זרע יש בהן – for heave-offering/Terumah is taken with thought/care, and with estimating the quantity.
וא"צ להפריש את העץ – and even though the taste of the stalk/tree and its fruit are equivalent
ואם הפריש – prior to crushing, he is not able to crush and to separate them from the seed, and that the stalk/tree would remain to himself, for since he designated upon it the title of “Terumah/heave-offering,” he must give it to the Kohen.
Mishnah 7
שכבשן עם זיתי תרומה – it is the manner for olives to pickle them in water and in salt, and when the unconsecrated olives are crushed, that is, squeezed open, or chopped, they absorb from the unconsecrated olives, even if the heave-offering of olives are pure, for even if he pickled them in water, olives of heave-offering/Terumah are forbidden.
אבל שלימי חולין – when unconsecrated olives ae full, even if they are pickled with olives [of heave-offering] that are crushed, hey do not absorb from them.
Mishnah 8
גרב – arched, pouched vessel/wine jug.
כל גרב שהוא מחזיק סאתים – if impure fish was pickled with many pure fish inside the jug/vessel, and the vessel holds two Seah, and there is from the brine of the impure fish at a weigh of ten Zuzim of Judea, which are five Selaim of the Galilee, and all the rest is the brine of pure fish, that is found the brine of impure fish one in nine hundred and sixty [parts] of pure fish, it is prohibited. But, if the brine of the impure fish was less than this, it is permitted.
רבי יהודה אומר רביעית לסאתים – when there would be one-quarter of a LOG of impure brine within the two Seah of pure brine, everything is forbidden; less than this, it is permitted. And this measure is close to two-hundred, and even though that Rabbi Yehuda holds that it is must be something of the same species but it doesn’t voided/neutralized, for brine is different, for it is mere moisture, and its prohibition is none other than Rabbinic, therefore, Rabi Yehuda states that it is annulled in near to two-hundred.
ורבי יוסי אומר – that it is annulled in sixteen. And the law is that brine is annulled in more than one-thousand, and if there is more than one-thousand from a pure fish and one from an impure fish, it is all permissible,and if not, everything is forbidden.
Mishnah 9
לא פסלו את צירן – that they were lenient with the brine of impure locusts that it does not prohibit, because they lack blood and it not anything other than mere moistness.
שהוא טהור – needless to say that it does not prohibit the mixture, but it itself is ritually pure. And the But the Halakha is according to the testimony of Rabbi Tzadok.
Mishnah 10
כל הנכבשים זה עם זה – unconsecrated vegetables that were pickled with vegetables of heave-offering, the heave-offering does not prohibit the unconsecrated produce.
חוץ מן החסית – garlic and LOF/a plant similar to colocasia with edible leaves and root and bearing beans, and onion and leeks are called חסית/leek plants, for along with their sharpness, they give a taste in everything that are pickled with them. And when they are of heave-offering, they forbid, whether it is unconsecrated vegetable, whether leek , and the rest of the vegetables of heave-offering do not prohibit when they are pickled, but if they are cooked or boiled, they prohibit.
Mishnah 11
רבי יוסי אומר כל שנשלקים עם התרדים אסורים – Rabbi Yosi disputes with the first Tanna/teacher and holds that all the rest of the vegetables do not prohibit even when they are boiled , except from the phohibited beats such as of heave-offering and mixed seeds of a vineyard that give taste in their boiling.
כרוב של קשי – that grows in a dry land that it is necessary to water it. If [they boiled] with the cabbage of heave-offering that grows in a moist land, and there is not need to water it, it is prohibited, and all irrigated fields on account of its dryness it abosorbs.
ר"ע אומר – all that is prohibited and permited that are cooked one with the other, and they are of one species, are permitted, for they don’t give a taste to each other, except for the prohibited meat and the permitted that are cooked together that is prohibited. And the Halkaha is not like of these Tanaaim, other than the first Tanna/teacher alone who stated that that arll that is pickled are permitted except from the leek plants but if they are cooked or boiled, all of them forbid.
הכבד אוסרת – liver of non-kosher meat that was cooked with permitted [meat] prohibits all that is cooked with it.
ואינה נאסרת – if it was cooked with a prohibited substance, because it is anxious to emit regularly the much blood that is in it, it does not absorb it. And the Halakha is that liver that was cooked, even if it is something permissible is prohibited to eat, and prohibits all that is cooked with it, because it is filled with blood. And it discharges and returns and absorbs from the blood that discharged, but this is not an ordinance of cooking, unless he first singed it well with fire, and so have the people practiced.
Mishnah 12
בתבלים אסורים – as, for example, spices of heave-offering or of Orlah (the fruit of trees of the first three years which are forbidden) and mixed seeds of the vineyard.
אפילו חלמון (yolk) – the red/fleshy substance of the egg which is from the inside, and all the more so, the yolk which is from the outside.
מי כבשים ומי שלקות – in which heave-offering were pickled or boiled are forbidden to foreigners (i.e., non-Kohanim).
Chapter 11
Mishnah 1
אין נותנין דבלה וגרוגרות – of Terumah/heave-offering.
לתוך המורייס – the fat of fish.
מפני שהוא מאבד – for such is the manner of cakes of pressed figs and dried-figs that are placed in fish-hash to wring out and to remove their water, and afterwards, they cast them off.
אבל נותנים את היין למורייס – it was customary to put wine into the fish hand so that there would not be in it such fattiness in order to sweeten them and give them a flavor/taste. Therefore, it is permitted to put wine of heave-offering into it, and we don’t state to remove the froth/evil smell alone that he puts the wine and that is like that he destroys it.
אין מפטמין את השמן (they may not perfume the oil) – of heave-offering in the roots of the spices that absorb the oil and go to waste. Alternatively, that the oil is not fit for consumption when it is made into perfume (wine mixed with honey), they place in the wine - honey and pepper.
ממעיטו – It diminishes and lessens it through cooking. But there are those who explain that they lessen it from those who drink it, for human beings are not used to drinking boiled wine like unmixed wine.
מפני שהוא משביחו – and it is more preserved/established. But the Halakha is not according to Rabbi Ywhuda
Mishnah 2
סתויונת – grapes that do not ripen until the days of he autumn, and regularly made from them vinegar.
ושאר כל מי פירות – except for wine and [olive] oil.
מחייב קרן וחומש – for a foreigner (non-Kohen) who inadvertently eats them, for it is considered to them as actual liquid heave-offering/Terumah.
ורבי יהודה פוטר – from the added fifth, but he is liable for the principle, and ab initio, it is forbidden to foreigners (i.e., non-Kohanim).
מטמא משום משקה – impure, and they defile, and make the seeds fit for Levitical uncleanness, like other liquids, as it is written (Leviticus 11:34): “[As to any food that may be eaten,] it shall become impure if it came in contact with water; as to any liquid that may be drunk, [it shall become impure if it was inside any vessel].”
כמוני פטמין (like those who count spices) – like this spice has eight bags of his spices that are not exact and he returns and adds to them, but the Sages, exactly counted seven liquids that these alone are impure and make impure and make it fit to receive Levitical uncleanness, and we don’t add to them. And the seven liquids that the Sages counted (see Tractate Makhshirin , Chapter 6, Mishnah 4) are: water, dew, wine, oil, bee’s honey, milk and blood. And the Halakha is according to Rabbi Yehoshua.
Mishnah 3
אין עושים תמרים דבש – if hey are of heave-offering/Terumah or of Second Tithe, for the daes are food and the honey is liquid, and we don’t restore the food to liquid.
אלא בזיתים וענבים בלבד – for in the Torah, it explicitly said about them (Numbers 18:12): “All the best of the new oil, wine and grain –[the choice parts that they present to the LORD – I give to you].”
אין סופגים את הארבעים משום ערלה – fruit of the first three years (i.e., Orlah), that have been squeezed out/pressed and removed from them the liquid, a person who drinks that liquid is not flogged from the Torah other than for olives and grapes alone.
ואין מביאים בכורים משקין – as it is written (Deuteronomy 26:2): “[you shall take] some of every first fruit of the soil,” fruit you bring but you do not bring drink.
אלא היוצא מן הזיתים ומן הענבים - - for he learned [the laws of] First Fruit from heave-offering/Terumah.
ואין מקריבין על גבי המזבח – other than oil for the meal offerings and wine for the libations.
Mishnah 4
עוקצי תאנים – which on them are figs attached to the tree.
הכליסין – Maimonides explained that they are a species of the kinds of figs.
Mishnah 5
גרעיני תרומה – kernels/stones that were found within the fruit of Terumah/heave-offering when the Kohen eats them.
בזמן שהכהן מכניסן – and his mind is upon them and he has not made them ownerless, they are prohibited. As, for example, when they are soft and appropriate for eating such as the stones/fruit of apples and the quince and pears, if there remains in them moisteness that people can suck them, such as the fruit/stone/kernel of dates and things similar to them. But they are not appropriate at all even if the Kohen brings them in/keeps them , for they are permitted.
עצמות הקדשים – we are speaking of the bones that are appropriate partially for eating, such as the heads of wings and gristles.
המורסן (coarse bran) – of heave-offering, and they are the thick bran flour which is permissible for foreigners (non-Kohanim).
סובין (bran flour/flour of second course) – of new wheat of heave offering is forbidden to foreigners, because he new [wheat] is moist and is not grinded/milled well , and there remains much flour combined with bran flour.
ושל ישנות – of old wheat, for they are dry and grind/mill well, and are permitted, for the flour is not mixed in them at all. And until thirty days, they are called new.
ונהוג בתרומה – in removing the bran flour and the coarse bran
in the same manner that they practice with unconsecrated produce. But there is not here anything with destroying the heave-offering when he casts/throws out what is not appropriate for eating.
המסלך – that absorbs the fine flour in order to make the purest bead, and he did not sift from one Seah which is six Kab, but rather one Kab or two Kabim.
לא ישליך את השאר – for that would be appropriate for eating, and it is found that he is destroying the Terumah/heave-offering.
Mishnah 6
מגורה – a storehouse where they collect/gather into it the grain.
מכבד כדרכו – in the manner that they customarily sweep the storehouses, at the time when they empty them.
Mishnah 7
מטפח – gathers the [olive] oil in his palm, meaning to say, that he wipes it off/cleanses it with his fingers.
Mishnah 8
המערה – [one who pours] wine or [olive] oil of Terumah/heave-offering from one pitcher to another, and after he had poured everything that is in it, three drops dripped from it, one drop after another, in the manner of the utensils after he had poured out everything that was within them.
נותן לתוכה חולין – and there is no need to wipe off/cleansse it well prior to putting into it the unconsecrated produce.
הרכינה – he tilted it on its side, for the barrel had it in it other heave-offering that he poured all all what was within it and sucked out the wine or the [olive] oil that it was init and it appears that it was gathered into it.
הרי זו תרומה – and we don’t say that they are unconsecrated [produce] for since he poured all what was inside it and there dripped from it three drops.
בתרומת מעשר של דמאי – hat the tithe is his, and he gives (as a Levite) the Terumah of the tithe to the Kohen, and if he has in his hand one-eighth of an eight of a LOG, one must brig it to a Kohen, but not less than this. And these words refer to something impure, but something pure, even a little bit, one must search after that which is doubtfully tithed, but with something definitely tithed, whether impure or pure, whether a lot or a little, one must search after a Kohen.
Mishnah 9
כרשיני תרומה – he uprooted them for the feeding of cattle, for it he had uprooted them for the feeding of humans, it would be forbidden to feet them to cattle. But nevertheless, they may be used a bit for the feeding of humans, for if he did not use them at all for humans, they would not separate heae offerings or tithes, for something that is not appropriate for a human, they would not separate from it heave-offerings and tithes.
מאכילין אותן – Kohanim for their cattle.
מאכילין כרשיני תרומה – for since the body of the animal belongs to the Kohen, even though its food is upon an Israelite [to feed it]. And there is nothing of theft here. For if if he had wanted, he would give the Terumah/heave-offering to the owner of the cow, but we testify that it is pleasant for the owner of the cow that he should give it (i.e., the animal) vetches of Terumah, in order that he can feed it with ease, and it would be as if the Kohen had taken possession and he feeds them to his cattle.
לא יאכילנה כרשיני תרומה – since the body of the cow belongs to the Israelite, as it is written (Leviticus 22:11): “but a person who is a priest’s property by purchase may eat of them,” and a “soul,” even the soul of an animal is implied. And the All-Merciful stated “priest’s property” – of a Kohen, he can eat of Terumah/heave-offering. The property of an Israelite cannot eat Terumah/heave offering.
ישראל ששם פרה מכהן – that he received the cow from a Kohen through a settlement according to what it is worth now, such and such a cost, and the Israelite tended to fatten it, and what he increased its value over he settlement/assessment, they would divide the gain between them.
לא יאכילנה כרשיני תרומה – for since he received it from an Israelite in its settlement, according to what it is worth, it became the cow of he Israelite and it does not consume Terumah/heave-offering.
וכהן שקבל פרתו של ישראל – through an assessment/settlement in this manner.
מאכילה כרשיני תרומה – because it was made the cow of he Kohen from the time that he accepted it upon him through assessment/ssettlement.
Mishnah 10
שמן שריפה – the oil of heave-offering/Terumah that had become defiled. And why did they call it שמן שריפה/unclean oil that is kindled because it designated for burning.
ברשות כהן – that is when there is a Kohen there, for a candle for one is a candle for one-hundred.
מדליק ברשותה – when she is there (visiting her father).
מדליקין בבית המשתה – for since they are standing in clean clothes, they are not accustomed to carry oil candles from their places, lest it should drip on their clothes, therefore, one cannot be concerned lest they would carry the candle from the place where the Kohen is there to a place where there is no Kohen, but in the House of a Mourner where they wear filthy clothing, we would be suspicious.
בבית האבל אבל לא בבית המשתה – in the House of Mourning, because their hearts are broken and depressed, we don’t concern outsells, lest they take out the candle fromone place where there is no Kohen, but in the House of Rejoicing (i.e., a wedding feast), where they are happy, and in the midst of their happiness, they are accustomed to be engaged with and carrying candles from place to place, we would be concerned
אוסר כאן וכאן – for he grabs hold of both of their opinions stringently.
ור"ש מתיר כאן וכאן – for he grabs hold of both of their opinions leniently. And the Halakha is according to Rabbi Shimon.