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TERUMOS PEREK 7

Questions

Mishnah 1

1)
(a) The payment of a Zar who eats Terumah be'Meizid differs from one who eats it be'Shogeg regarding ...
1. ... what he pays - in that the latter is Patur from Chomesh.
2. ... how he pays it - in that he pays Chulin (which does not need to be fit to become Terumah).
(b) The third distinction the Tana draws between the two (based on the fact that the Zar pays pure Chulin) is - that the Kohen is able to forego the Yisrael's Chiyuv.
(c) be'Meizid must mean that there were witnesses but no warning - because if there was warning as well, he would receive Malkos, and someone who receives Malkos is Patur from paying.
(d) He is not also Patur from paying now, even though he is Chayav Misa - because although Misa bi'Yedei Adam does exempt a person from paying (should the same action obligate payment), but not Misa bi'Yedei Shamayim, which is what the Zar is Chayav).

Mishnah 2

2)
(a) A bas Kohen who marries a Yisrael is no longer permitted to eat Terumah.
(b) In the event that she eats Terumah be'Shogeg - she must pay the Keren (like someone who steals from a fellow Jew) but not the Chomesh (like a Zar, since she is a Kohenes).
(c) Should she commits adultery - she is sentenced to Sereifah (like a bas Kohen) and not Chenek (like a bas Yisrael).

3)
(a) According to the Chachamim, the same two Dinim will apply if she marries a man to whom she (as a bas Kohen) is forbidden - such as a Chalal Nasin or a Mamzer.
(b) According to Rebbi Meir - once she marries someone to whom she is Pasul, she becomes subject to the Din Chomesh and to Chenek.
(c) The reason that she is ...
1. ... obligated to pay the Chomesh is - because she becomes profaned. She loses her right to eat Terumah and adopts the status of a Zar.
2. ... subject to Chenek (and not Sereifah) is - because only a Kohenes whose marriage does not render her unfit to return to her father's house to eat Terumah (should her husband die) allows her to retain the status of a Kohenes, but not a marriage to someone to whom she is Pasul.
(d) The Chachamim however, argue with Rebbi Meir. In their opinion ...
1. ... she pays the Chomesh - because at the end of the day, she was not born a Zarah, in which case, to some degree, she retains the status of a Kohenes.
2. ... she receive the death penalty of Sereifah (and not Chenek) - for the same reason, because she was not a Zarah Me'ikara.

Mishnah 3

4)
(a) The Mishnah exempts a Zar who feeds his small children or his Avadim, Terumah be'Shogeg from paying the Chomesh - because only the person who actually eats Terumah is Chayav Chomesh (as we have already learned) ...
(b) ... and they are not Chayav to pay - because they do not own anything which to pay (see TOS. Yom-Tov and Tos. R. Akiva Eiger).
(c) The Tana includes in the previous ruling, a Zar who ate ...
1. ... Terumas Chutz la'Aretz (even though it is valid (see Tiferes Yisrael) and is even Medama'as.
2. ... less than a k'Zayis of Terumas Eretz Yisrael (see TOS. Yom-Tov).
(d) The payment of the Keren comprises Chulin, and the Kohen has the right to be Mochel.

Mishnah 4

5)
(a) Whoever is obligated to pay Chomesh, must pay Terumah, and whoever is exempt from Chomesh, pays Chulin ...
(b) ... and what's more, the Kohen can be Mochel, which he is not permitted to do whenever the Zar pays Chomesh (see Tiferes Yisrael).

Mishnah 5

6)
(a) In a case where a Sa'ah of Terumah fell into one of two boxes, one of Terumah and one of Chulin, and it is not known into which one it fell - we assume, says the Mishnah, that the Terumah fell into the box of Terumah (See TOS. Yom-Tov), and the same will apply ...
(b) ... if the second box was (not Terumah but) ...
1. ... Terumah Temei'ah or Meduma'as, but not if it was ...
2. ... Tevel ...
(c) ... because if we did, the Tevel would become Asur, and on what grounds would we forbid one and permit the other?

7)
(a) If it is not known which box is Terumah, and which, Chulin, and the owner ate one of them, Rebbi Meir holds that the second box is subject to both Terumah and Chalah (see Tos. R. Akiva Eiger). According to Rebbi Yossi - it is Patur.
(b) The basis of the Machlokes as to whether it is Patur from Chalah or Chayav is - whether it is considered Dimu'a Chulin (Rebbi Yossi [which is Patur from Chalah]) or Safek (Rebbi Meir [which is Chayav]).
(c) The Halachah is - like Rebbi Yossi (in all three current cases).
(d) If ...
1. ... somebody else eats the second box - he too, is Patur from paying (see TOS. Yom-Tov).
2. ... the owner subsequently eats the second box too - he is Chayav to pay the Kohen whichever box costs less.

Mishnah 6

8)
(a) The Mishnah rules that in a case where one of the two boxes (in the previous Mishnah) falls into Chulin - it does not render it Meduma.
(b) According to Rebbi Meir, the second box is subject to Terumah and Chalah (like he said it was in the previous Mishnah) - but not according to Rebbi Yossi (see Tiferes Yisrael).
(c) The Tana rules that, in a case where ...
1. ... the second box fell into another batch of Chulin - it does not render it Meduma.
2. ... both boxes fell into one batch of Chulin - then it renders it Meduma (thought the hundred that is needed to be Mevatel it need only be according to the amount in the smaller box).

Mishnah 7

9)
(a) In a case where the owner re-sowed one of the boxes, Rebbi Meir rules - that the second box is subject to Terumah and Chalah, whereas Rebbi Yossi holds that it is not (see Tiferes Yisrael).
(b) If somebody else sowed the second box - it is Patur (as we explained in the previous Mishnah).

10)
(a) In a regular case, where someone sows Terumah seeds be'Shogeg - unless he digs up the ground where they are growing, whatever grows becomes forbidden.
(b) The seeds will be Asur (like the boxes were in the previous cases) should the owner re-sow both boxes - if it is a species of plant whose seed does not rot completely in the ground ('Davar she'Ein Zar'o Kalah').
(c) An example of 'Davar she'Ein Zar'o Kalah' is - garlic and onion seeds.

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