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Obligation of the Priestly Tithe and its Separation
Agricultural Law
Sources
A
According to Scriptural Law, [the obligation to separate] the
terumot
and the tithes applies only in
Eretz Yisrael
. [It applies] whether the Temple is standing or not. The prophets ordained that these obligations should be observed in Babylon as well, because it is adjacent to
Eretz Yisrael
and the majority of the Jewish people journey to and from there. The Sages of the early generations ordained that they also be observed in the lands of Egypt and the lands of Ammon and Moab, because they are on the peripheries of
Eretz Yisrael
…
Mishneh Torah, Heave Offerings 1-5
The Gemara answers: This ruling that the smoothing of a grain pile by its gentile owner does not exempt it from the obligations of
teruma
and tithes applies only
by rabbinic law.
By Torah law, the smoothing of a grain pile by its gentile owner does exempt it from the obligation to separate
teruma
and tithes. The Sages enacted
a decree due to
the schemes of
people of means.
There was a fear that conniving merchants might temporarily transfer ownership of their produce to gentiles while the piles were smoothed…
Menachot 67a:13
The Gemara asks:
Is Babylonia the majority of the world?
Laws are established according to the custom prevalent in most of the world.
Wasn’t it taught
in a
baraita
: In the case of
beans, barley, and fenugreek that
one
planted
in order to use
as an herb,
e.g., as animal fodder,
his opinion is rendered irrelevant by the opinions of all other people?
Since most people do not act this way, we do not consider this particular person’s intention to be significant.
Therefore, one is obligated
to tithe
their seeds, and their herbs are exempt…
Eruvin 28a:13
The Gemara expresses surprise:
But does Rabbi Meir hold that we require that his mouth and heart be the same?
The Gemara
raises a contradiction
based on a mishna in tractate
Terumot
that states: With regard to
one who intended to say
that the produce he has designated should be
teruma
, but he
mistakenly
said
the word
tithe;
or he intended to say
tithe but
mistakenly
said
teruma
;
or he intended to vow:
I will not enter this house, but
mistakenly
said: That
house, i.e…
Pesachim 63a:4
Wine and vinegar are one type
of food, which means that if, for example, one separated
teruma
from one of these with the intention that it should exempt the other, his action is effective.
Rabbi
Yehuda HaNasi
says:
They are
two types
of food. Apparently, the mishna is not in accordance with the opinion of the Rabbis in the
baraita
. The Gemara rejects this claim:
You
may
even say
that the mishna is in accordance with the opinion of
the Rabbis…
Bava Batra 84b:1-2
Rabbi Yoḥanan raised an objection to Reish Lakish
from a mishna (
Terumot
3:4): In a case where someone appointed an agent to separate
teruma
from his produce on his behalf, and he subsequently
canceled
the agency, the
halakha
depends on the following:
If he canceled
the appointment
before
the agent
separated the
teruma
, his
teruma
is not
teruma
. And here it is
a case involving one
statement and
a second
statement,
as the owner of the produce appointed the agent and rescinded his appointment by speech…
Kiddushin 59a:13
GEMARA:
Rabba says: Even though a gentile has no
capability of
acquisition
of land
in Eretz Yisrael to
cause the
abrogation
of the sanctity of the land, thereby removing it
from
the obligation to
tithe
its produce,
as it is stated: “For the land is Mine”
(Leviticus 25:23), which teaches:
The sanctity of the land is Mine,
and it is not abrogated when the land is sold to a gentile;
a gentile does have, however,
the capability of
acquisition
of land
in Eretz Yisrael
to allow him
to dig pits, ditches…
Gittin 47a:8-47b:1
However,
Rabbi Yoḥanan
disagrees and
says
that
he even enables her to eat the breast and thigh
of peace-offerings. With respect to this dispute,
Rabbi Yoḥanan said to Reish Lakish:
Since you distinguish between
teruma
and the breast and thigh,
do you maintain
that
teruma
in the present
is mandated only
by rabbinic
law?
He said to him: Yes,
and the proof is
that I teach
that
a cake
of dried figs that became intermingled
with
other
cakes is nullified…
Yevamot 81a:9
He said to him: Leave
teruma
in modern times,
as it is in effect
by rabbinic
law. Once the Jewish people were exiled from their land, the
halakhot
of
teruma
and tithes apply by rabbinic law, not Torah law. This is the basis for the lenient ruling in the case of this mixture.
Pesachim 44a:13
Rav Dimi
said to
Abaye:
Leave
aside
teruma
in the present,
as it applies
by rabbinic law.
Since the exile of the Jewish people from Eretz Yisrael, the
halakhot
of
teruma
and tithes apply by rabbinic law, not Torah law. This is the basis for the lenient ruling with regard to this mixture.
Nazir 37a:2
Having mentioned the status of Syria, the Gemara cites a related
halakha
.
The Sages taught
(
Tosefta
,
Kelim
1:5):
In three ways Syria is equal to Eretz Yisrael, and in three
ways it is similar
to outside of Eretz
Yisrael. The Gemara inserts
a mnemonic
device for the ways in which Syria is different than Eretz Yisrael and is similar to Eretz Yisrael:
Ayin beit
,
beit reish
,
reish kuf
.
Syria has the status of land that is outside of Eretz Yisrael in the following respects: First…
Gittin 8a:10-11
The Gemara asks: Is the amount one is required to separate as
teruma
one part
of sixty? But didn’t we learn
in a mishna (
Terumot
4:3): With regard to the measure one should separate as
teruma
,
if one is of
generous disposition
he gives
one-fortieth.
The Gemara answers:
By Torah law,
it is sufficient to give one part
of sixty; by rabbinic law
the requisite amount is one part
of forty.
The Gemara asks: Is the measure of
teruma
by Torah law
one part
of sixty? But doesn’t Shmuel say:
By Torah law…
Chullin 137b:8-9
We learned
in a mishna
there
(
Ma’asrot
1:3): From when is produce obligated in tithes?
Fenugreek
is obligated
from
the time
when it sprouts. Grain and olives
are obligated
from
the time
when they have reached one-third
of their growth.
Rosh Hashanah 12b:9
§ The Gemara continues to discuss the validity of the vows of a discriminating minor on the brink of adulthood.
Abaye said: Come
and
hear
a mishna (
Terumot
1:3): With regard to
a minor who has not grown two hairs, Rabbi Yehuda says: His
teruma
is not
valid
teruma
. Rabbi Yosei says: Until he has reached the age of vows,
i.e., when he does not yet have the status of a discriminating minor on the brink of adulthood,
his
teruma
is not
valid
teruma
,
but
once he has reached the age of vows…
Niddah 46b:14-16
MISHNA:
Any mitzva that is dependent on the land [
aretz
] applies only in Eretz
Yisrael,
and
any mitzva
that is not dependent on the land applies both in Eretz
Yisrael
and outside of Eretz
Yisrael. This is
apart from
the mitzvot of
orla
and diverse kinds,
which apply even outside of Eretz Yisrael.
Rabbi Eliezer says:
This is the
halakha
even
with regard to the prohibition to eat from the
new crop
before the
omer
offering has been brought on the sixteenth of Nisan.
Kiddushin 36b:8-37a:1
The Gemara asks:
And
isn’t there the case of
teruma
,
in
which if
he
wishes
he can
request
that a halakhic authority dissolve the designation of the produce as
teruma
and
yet it is
nullified by a majority
of permitted items?
As we learned
in a mishna (
Terumot
5:1):
A
se’a
of ritually impure
teruma
that fell into less than one hundred
se’a
of
non-sacred produce
must be left
to decay.
The impure
teruma
, which is forbidden to all, renders the entire mixture forbidden…
Nedarim 59a:4
The Gemara
raises an objection
against Rav Yosef’s opinion that the owner’s despair that he will recover his stolen items does not effect acquisition for the thief, from a
baraita
: With regard to
a thief, a robber, and one who forces
people to sell him items against their will,
their consecration
of the items they obtained in these manners is a valid
consecration; and the
teruma
that they separate
from the produce they obtained in these manners is valid
teruma
; and the tithes that they separate
from those foods are valid
tithes…
Bava Kamma 67a:7
As we learned
in a mishna (
Terumot
4:4): In the case of
one who says to his agent: Go out and separate
the portion of the produce designated for the priest [
teruma
], the agent
separates
teruma
in accordance with the mind-set of the homeowner.
He must separate the amount that he assumes the owner would want to give, as there is no fixed fraction for the amount that one must set aside as
teruma
. A generous person would give as much as a fortieth of the produce as
teruma
, while a stingy person would give a sixtieth…
Ketubot 99b:12-13
Rather, Rav Ashi said: This is what
the
baraita
is saying:
With regard to
the son of an Israelite who said to a Levite: This is what my father told me,
that there is
tithe of yours in my possession, or
that there is
tithe of your father’s in my possession,
then one
is concerned about
the
teruma
of the tithe that is in it
that presumably was never separated.
Since it is not a set
amount,
the homeowner would not have rendered
the tithe
fit for him
by separating the
teruma
of the tithe…
Gittin 30b:12-31a:1
§ The Gemara returns to the dispute over whether food is to be measured in its current volume or according to its initial volume.
Come
and
hear
a
baraita
: (
Tosefta
,
Terumot
4:2):
One may separate
teruma
and tithes from fresh
figs for dried figs,
which have shrunk and are now smaller than they were when they were fresh. In other words, one may designate fresh figs as
teruma
and tithe to exempt the dried figs, despite the difference between these two types of figs. This separation may be performed only
by number,
e.g…
Menachot 54b:4
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