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TERUMOS PEREK 4

Questions

Mishnah 1

1)
(a) Our Mishnah permits someone who separated part of the Ma'asros from a pile of corn (one Sa'ah from a pile of a hundred Sa'in) to separate the remainder from the same pile. We might have thought that it is forbidden - because what he now separates may be from the part that is already rectified (and not from the Tevel).
(b) The Tana Kama forbids however, separating from the same pile to cover other crops (see Tosfos Yom-Tov). Rebbi Meir - permits it (see Mishnah Rishonah).
(c) The basis of their Machlokes is - whether we extend the above concession to other crops (Rebbi Meir) or whether there we are indeed afraid that he is separating from the part that has already been rectified (the Tana Kama).
(d) The Halachah is - like the Tana Kama.

Mishnah 2

2)
(a) The Mishnah discusses someone who has fruit in the Megurah - which is a synonym for Otzer (storehouse).
(b) Rebbi Meir allows a worker Talmid-Chacham - who saw the owner Am ha'Aretz give one Sa'ah to a Levi and one Sa'ah to a poor man, to eat up to eight Sa'in from the Megurah - on the assumption that the one was Ma'aser Rishon, and the other, Ma'aser Ani.
(c) We are not afraid that the latter did not separate Terumah Gedolah- because this is something that we never suspect an Am ha'Aretz of.
(d) The Chachamim disagree with Rebbi Meir however, on the grounds that the owner may have only given to the Levi and the poor man sufficient Ma'aser to cover the meal that the worker is coming to eat with him ('l'fi Cheshbon') and the remainder of the Sa'ah is merely a gift.

3)
(a) According to the second Lashon, Rebbi Meir and the Chachamim are arguing over whether we suspect that the ben Levi and the poor man ate part of the two Sa'in that they received. The problem if they did, says the Tosfos Yom-Tov, is - that the eight Sa'ah that the two Sa'in were meant to cover cannot be rectified until they have been separated from the rest of the crops, and that can only work if the two Sa'in are still there (otherwise we hold 'Ein Bereirah').
(b) The Chachamim therefore permit the worker - to eat only as much of the crops as can be rectified by what they know the two Sa'in to still be uneaten ('L'fi Cheshbon').
(c) In actual fact, Rebbi Meir permits more than eight Sa'ah - because after giving the Levi one Sa'ah, nine tenths of a Sa'ah would have sufficed to cover the remaining nine Sa'ah.

Mishnah 3

4)
(a) The Tana Kama gives the Shi'ur Terumah for a generous person as one fortieth; Beis Shamai say - a thirtieth (see Tosfos Yom-Tov for all the sources).
(b) An average person gives a fiftieth, and a miserly one - a sixtieth.
(c) One generally assesses the Terumah that one intends to separate - by assessment (and not by measuring it).
(d) The Mishnah rules that if an average person ...
1. ... separated a sixtieth - his Terumah is valid, and he is under no obligation to add the difference.
2. ... did add the difference - then since what he added is pure Tevel, he is obligated to separate the Ma'asros from it.

5)
(a) If the owner separated one Sa'ah out of a pile of sixty-one - his Terumah is valid, and he remains obligated to separates the rest (in accordance with what he generally gives).
(b) The Tana Kama allows him to measure this second separation.
(c) In addition, Rebbi Yehudah allows him - to separate 'she'Lo min ha'Mukaf' (even if the two are not close to one another at the time of separation [see Tosfos Yom-Tov]).
(d) The Halachah is - like the Tana Kama.

Mishnah 4

6)
(a) The Mishnah requires a Sheli'ach who knows how much the owner generally gives the Kohen, to give accordingly. In the event that he does not know how much he usually gives - he should assume him to be an average person and to give a fiftieth.
(b) The Tana rules in a case where the Sheli'ach ...
1. ... inadvertently gave 'ten' more (like a generous person) or 'ten' less (like a miserly person) - his Terumah is valid (because he is able to say that that is how he assessed him).
2. ... deliberately gave 'ten' more or 'ten' less - then his Terumah is invalid.
3. ... inadvertently gave 'eleven' or 'nine' - it is not valid either, since seeing as this is not an amount specified by Chazal, he can no longer argue that he assessed the owner accordingly.

Mishnah 5

7)
(a) Rebbi Eliezer rules that if someone separates ...
1. ... one tenth more Terumah than he needed to (i.e. a fortieth) - it is valid Terumah, based on the precedent of Terumas Ma'aser (where the separates one tenth of the tenth that he received as Ma'aser as Terumah).
2. ... in excess of one tenth more than he needed to - he declares it Terumas Ma'aser and gives it to the Levi to separate on Ma'aser that he receives (see Tosfos Yom-Tov and Tiferes Yisrael).
(b) This is - because on the one hand his Terumah was not effective, whilst on the other, it remains Tevel that contains Terumah.
(c) The owner does not lose what he gave to the Levi - who pays him for what he received from his Chulin.
(d) The Chachamim required the owner to declare the excess of one tenth Terumas Ma'aser on another place and not Terumah Gedolah - because Terumah Gedolah requires 'min ha'Mukaf' (as we have already learned), whereas Terumas Ma'aser does not (see Tiferes Yisrael).

8)
(a) According to Rebbi Yishmael, one is permitted to separate up to half of the pile as Terumah Gedolah - as the in Shoftim states "Reishis Degancha", which he interprets as half "Reishis" (Terumah) and half "Degancha" (Chulin).
(b) Rebbi Tarfon and Rebbi Akiva go even further. According to them - as long as there is "Degancha" (something left over), the rest of the crops can be "Reishis" (otherwise known as 'Shirehah Nikarin').

Mishnah 6

9)
(a) When the Mishnah requires the basket to be checked three times a year, the Tana is referring to - the basket which is used to measure the fruit that needs to be Ma'asered, regarding the size of the fruit at the three different periods in the summer (as we will now explain).
(b)
1. 'bi'Vechoros' refers to - the fruit early in the season, when it has just ripened and each individual fruit is very large, and when the basket holds the least number of fruits).
2. 'be'Emtza ha'Kayitz - refers to the fruit in mid-summer, when it has slightly shrunken, and the basket holds more fruit ...
3. ... and 'be'Sayafos' - to the fruit at the end of the summer, after it has shrunk to a smaller size, and the basket holds the most fruit.
(c) One now assesses the basket on each of these three occasions - by counting the number of fruits the basket holds and subsequently, assuming that the basket holds a Manah (in weight), he will know that if for example, the basket holds a hundred fruits at the beginning of the summer, a hundred and fifty in mid-summer and two hundred at the end of the season, that he will have to separate from each Manah, ten, fifteen and twenty fruit, respectively, for Ma'aser Rishon (and according to the Cheshbon for Ma'aser Sheni).
(d) It is preferable to count the fruit when separating Ma'aser and Terumas Ma'aser than to assess it. The Tana adds that ...
1. ... measuring it - is better still, and ...
2. ... weighing it - is best of all (see Tiferes Yisrael).

Mishnah 7

10)
(a) According to Rebbi Eliezer, one Sa'ah of Terumah becomes Batel in a hundred Sa'in of Chulin, but which he means - that one Sa'ah is Batel in a hundred and one.
(b) Rebbi Yehoshua holds - that one Sa'ah is Batel in a hundred plus.
(c) In his opinion, the additional amount does not have a Shi'ur; whereas, according to Rebbi Yossi ben Meshulam - it is only Batel a hundred Sa'ah plus a Kav.
(d) He adds 'Sh'tus li'Medama' - to teach us that the Kav really means a sixth of the Sa'ah that fell in (and it is a sixth of what fell in that one must always add to the ninety-nine into which it fell.

11)
(a) All the Tana'im learn from the Pasuk in Korach (in connection with Terumah) "es Mikdesho Mimenu" - that one Sa'ah falls into a ninety-nine, it renders 'Meduma' the entire hundred (because based on the fact that one hundredth is sometimes Kadosh, in the form of Terumas Ma'aser), the Torah is saying that what is Kadosh renders the rest of the batch into which it falls Asur.
(b) The Halachah - is like Rebbi Eliezer.
(c) If more than the Shi'ur Bitul of Terumah falls into Chulin - one must sell it to a Kohen for the price of Terumah (which is cheaper than Chulin).

Mishnah 8

12)
(a) When Rebbi Yehoshua says that white figs are Mevatel black ones and vice-versa he means - that if a white or black fig falls into a batch of a hundred figs, fifty of which are white, and fifty black, they all combine to be Mevatel the fig which fell in ...
(b) ... because if he wanted - he could press them all into one cake of figs (see Tosfos Yom-Tov).

13)
(a) And he says the same thing about large rings of figs ('Igulei Deveilah') being Mevatel small ones and vice-versa, and about Igulim and Milbenim - large square cakes of figs.
(b) Rebbi Eliezer maintains - that if it was a black fig that fell into the white and black figs, then the black figs are all Asur, and if it was a white one, then the white ones are Asur (and that is how he rules regarding the other cases).
(c) Rebbi Akiva - agrees with Rebbi Eliezer in a case where the owner knows what fell into the mixture, and with Rebbi Yehoshua where he does not.
(d) The Halachah is - like Rebbi Akiva.

Mishnah 9

14)
The Mishnah illustrates Rebbi Akiva's opinion. In a case where ...
1. ... a black fig falls into a dish containing fifty black figs and fifty white ones - the black figs are Asur.
2. ... it was a white fig that fell into the same dish - then is the white figs that are Asur.

Mishnah 10

15)
(a) The Mishnah now discusses a case where someone was treading a Litra (half a Log) of dried figs of Terumah on top of one barrel out of fifty barrels say, of figs, and he cannot remember which one he was treading. Bearing in mind that Rebbi Eliezer and Rebbi Yehoshua argued in the previous Mishnah, the Tana is coming to teach us - that they argue here too, only this time, Rebbi Eliezer is the one who is lenient, whilst Rebbi Yehoshua is Machmir.
(b) Assuming that each barrel contains a hundred Litrin, what does Rebbi ...
1. ... Eliezer - renders the 'lost' Litra as if it was mixed in the middle of one of the barrels, considering it Batel because it is a case of Terumas Peiros, which is only mi'de'Rabbanan (Tosfos Yom-Tov).
2. ... Yehoshua - forbids all the tops, since the bottom of the barrels is not included in the Safek ...
(c) ... and which are therefore permitted.

Mishnah 11

16)
(a) In a case where a Sa'ah of Terumah fell into a store-house of produce, and the owner removed the top Sa'ah (though the exact Sa'ah of Terumah cannot be identified) Rebbi Eliezer rules - that as long as there is a hundred and one Sa'in, the Sa'ah is Batel (like he ruled earlier in the Perek [see also Tosfos Yom-Tov]).
(b) He is coming to teach us - that this ruling applies, despite the fact that the owner removed the Sa'ah, indicating that he did not want to combine the top of the storehouse with the bottom.
(c) Rebbi Yehoshua holds that the Sa'ah does not become Batel (like he learned in the previous Mishnah). And he suggests that to prevent the entire storehouse from becoming forbidden - the owner should remove the top Sa'ah together with surrounding fruit, until he is satisfied that he has removed the Sa'ah that fell in.
(d) Even though, according to Rebbi Yehoshua, it is possible to do what he just suggested, we will nevertheless be able to apply the Din of Terumah becoming Batel in a hundred and one - in a case where the owner does not know whether the Sa'ah mixed with the rest of the fruit or where the fruit fell.
(e) The Halachah in this case - is like Rebbi Yehoshua.

Mishnah 12

17)
(a) The Mishnah rules that if a Sa'ah of Terumah fell into one of two boxes or storehouses each containing fifty Sa'in, but it is not know which one - the two combine to be Mevatel the Sa'ah ...
(b) ... leaving the owner with the options - of taking out a Sa'ah from either storehouse or box, or half a Sa'ah from one, and half a Sa'ah from the other.
(c) According to the Tana Kama, this ruling apply even if the boxes are in two different rooms - as long as the boxes are movable, because since it sometimes happens that they both end up in the same room, we consider them as if they were (see Tiferes Yisrael).
(d) Rebbi Shimon says - that even if they are not movable (and presumably, the Heter extends to storehouses too.
(e) The Halachah is - like the Tana Kama.

Mishnah 13

18)
(a) Rebbi Yossi cited an episode that occurred with Rebbi Akiva, where one bundle, comprising half Terumah and half Chulin, fell into fifty bundles of Chulin more or less the same size. The total amount of Sa'in in the box was - a hundred and two halves (including the half Sa'ah of Terumah that fell in [see Tosfos Yom-Tov]).
(b) Rebbi Yossi suggested to his Rebbe - that the bundle that fell in should be Batel ...
(c) ... despite the fact that half the bundle was Terumah (and we might have thought that the entire bundle is considered Terumah, in which case there was not a hundred to be Mevatel it).
(d) By virtue of Rebbi Akiva's silence, it is clear - that he agreed with his Talmid's ruling.

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