משנה: הָאוֹכֵל תְּרוּמָה שׁוֹגֵג מְשַׁלֵּם קֶרֶן וְחוֹמֶשׁ אֶחָד הָאוֹכֵל וְאֶחָד הַשּׁוֹתֶה וְאֶחָד הַסָּךְ אֶחָד תְּרוּמָה טְהוֹרָה וְאֶחָד תְּרוּמָה טְמֵאָה מְשַׁלֵּם חוֹמֶשׁ וְחוֹמֶשׁ חוּמְשָׁא אֵינוֹ מְשַׁלֵּם תְּרוּמָה אֶלָּא חוּלִין מְתוּקָּנִין וְהֵן נַעֲשִׂין תְּרוּמָה. וְהַתַּשְׁלוּמִין תְּרוּמָה. אִם רָצָה הַכֹּהֵן לִמְחוֹל אֵינוֹ מוֹחֵל. בַּת יִשְׂרָאֵל שֶׁאָֽכְלָה תְרוּמָה וְאַחַר כָּךְ נִשְׂאֵת לְכֹהֵן אִם תְּרוּמָה שֶׁלֹּא זָכָה בָהּ כֹּהֵן אָֽכְלָה מְשַׁלֵּם קֶרֶן וְחוֹמֶשׁ לְעַצְמָהּ. וְאִם תְּרוּמָה שֶׁזָּכָה בָהּ כֹּהֵן אָֽכְלָה מְשַׁלֵּם קֶרֶן לְבַעֲלִים וְחוֹמֶשׁ לְעַצְמָהּ מִפְּנֵי שֶׁאָֽמְרוּ הָאוֹכֵל תְּרוּמָה שׁוֹגֵג מְשַׁלֵּם קֶרֶן לְבַעֲלִים וְחוֹמֶשׁ לְמִי שֶׁיִּרְצֶה. MISHNAH: If somebody eats heave in error, he pays principal and fifth1Lev. 22:14: “Anybody who ate sanctified food in error must add its fifth to it and give the holy food to the Cohen.” In the Yerushalmi (6:1) and the Sifra [Wayyiqra pereq 20(8); Emor pereq 6(4)], its fifth is interpreted to mean that the addition must be one fifth of the restitution, or one fourth of the principal. In the Babli (Baba Meẓi‘a 54a) this is the opinion of R. Oshaia, whereas R. Jonathan refers its fifth to the principal. The latter opinion is never found in the Yerushalmi. There will be a discussion in the Halakhah whether the expression “give the holy food to the Cohen” means that the designation as reparation makes holy or only its delivery.; whether he eats, drinks, or anoints2Since the food enters his body, whether through the mouth or through the skin., whether the heave be pure or impure, he pays. The fifth and the fifth of the fifths3If he dedicated the fifth and then inadvertently ate this fifth, since it had become heave as stated in the next sentence, it is subject to the rule of the fifth and he must restitute both the fifth and an additional fifth (1/16 of the original amount.) he does not pay in heave but in totally profane food which is turned into heave. All payments become heave. Although the Cohen may want to forgive this, he has no right to forgive.
If an Israel woman ate heave and then was married to a Cohen, ate the heave before a Cohen had acquired it, she pays principal and fifth to herself54Heave is eaten not only by a Cohen but also by his family (wife, children, slaves.), but if she ate heave which a Cohen had acquired, she pays principal to its owner and the fifth to herself since they said, he who eats heave in error pays the principal to its owner and the fifth to a person of his choice.
הלכה: הָאוֹכֵל תְּרוּמָה שׁוֹגֵג כו׳. כְּתִיב וְאִישׁ כִּי יֹאכַל קוֹדֶשׁ בִּשְׁגָגָה וְיָסַף חֲמִישִּׁיתוֹ. שֶׁיְּהֵא הוּא וְחוּמְשׁוֹ חֲמִשָּׁה. HALAKHAH: “If somebody eats heave in error,” etc. It is written (Lev. 22:14): “Anybody who ate sanctified food in error must add its fifth.” That it and its fifth make five4Cf. Note 1. It is clear that the main inference is from the word עליו not quoted here..
וְלֹא כֵן אָמַר רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן שׁוֹגֵג בְּחֵלֶב מֵזִיד בְּקָרְבָּן מַתְרִין בּוֹ וְלוֹקֶה וּמֵבִיא קָרְבָּן. וֶאֱמוֹר אַף הָכָא מֵזִיד בִּתְרוּמָה וְשׁוֹגֵג בְּחוֹמֶשׁ יִתְרוּ בוֹ וְיִלְקֶה וְיָבִיא חוֹמֶשׁ. אָמַר רִבִּי זְעִירָא גְּזֵירַת הַכָּתוּב הִיא. וְאִישׁ כִּי יֹאכַל קוֹדֶשׁ בִּשְׁגָגָה שֶׁתְּהֵא כָּל־אֲכִילָתוֹ בִשְׁגָגָה. כְּמֵזִיד בִּסְפֵיקוֹ כְשׁוֹגֵג בְּוַדָּאוֹ. אָמַר רִבִּי יוֹסֵי הָדָא אָֽמְרָה הַשָּׁב לוֹ מִידִיעָתוֹ. חַייָב עַל שִׁגְּגָתָהּ. Did not Rabbi Abbahu say in the name of Rebbi Joḥanan5This is the attribution in all parallels in the Yerushalmi: Šabbat 11:5 (13b), Baba Qamma 7:2 (5d). Šebuot 3:1 (34b), Ketubot 3:1 (27c), except Terumot 7:1 (44c) in the name of R. Simeon ben Laqish, and here in the Rome ms. which reads תני. The parallel discussion in the Babli is Šabbat 69a.: If he is in error about fat but intentional about a sacrifice, he can be warned, is whipped, and brings a sacrifice6Unintentional deadly sins are atoned for, in general, by sacrifices or, as in the case of heave, by specified payments. Intentional sins cannot simply be atoned for; the guilt is eliminated either by punishment through a criminal court or by Divine justice (assuming the intentional sinner does not sincerely repent, otherwise repentance and the Day of Atonement will induce Divine mercy to wipe the slate clean.)
As explained in Kilaim Chapter 8, Note 9, a criminal court can impose biblical sanctions only if criminal intent is proven by two witnesses. This means that two witnesses testify that the alleged criminal was warned about the criminality of the act he seems intent to commit. The situation here is that the perpetrator knew that eating fat (those fatty parts of domesticated animals which in a sacrifice have to be burned on the altar) was forbidden but did not know what the punishment would be. In the Babli, R. Joḥanan holds that if he knew that eating fat was forbidden but not that it was a deadly sin he committed an intentional sin but an unintentional deadly sin, just as described here by R. Abbahu. If duly warned, he can be punished for eating fat as a misdemeanor but in addition he has to bring a sacrifice for the aspect of deadly sin of which he was oblivious, as asserted here also. R. Simeon ben Laqish does not permit a sacrifice unless the person was ignorant of the fact that the act was punishable.. Say also here, if he has intention about heave but is inadvertent about the fifth, one should warn him and he should be whipped and bring a fifth7Why is eating heave by an unauthorized person, which also is a deadly sin, not treated similarly, with the payment of the fifth being the equivalent of a sacrifice?. Rebbi Zeїra said, it is a decision of the verse, “if somebody eats heave in error,” that all his eating should be in error8He must not have known at all that his eating was punishable.. If he is intentional in doubt it is as if he is unintentional in his certainty9R. Zeїra admits only two cases, if he intended to eat but was not sure that he ate heave, or if he ate certain heave but was oblivious of this fact all the time he was eating.. Rebbi Yose said, this means that if somebody forgot after he knew, he is guilty unintentionally10This is described as the quintessential unintentional sin; Lev. 5:4: “Or a person who swears, by expression of his lips, to his advantage or detriment, about anything a person is apt to swear, then he forgot, but later remembered that he had incurred guilt about one of these.”.
אָמַר אֲנִי פּוֹרֵשׁ מִכְּזַיִת וְאֵינִי פּוֹרֵשׁ מִכַּחֲצִי זַיִת. אָמַר רִבִּי בּוּן בַּר חִייָה נַעֲשֶׂה כְאוֹכֵל חֲצִי זַיִת בְּשׁוֹגֵג וַחֲצִי זַיִת בְּמֵזִיד. וְאִין יִסְבּוֹר רִבִּי בּוּן בַּר חִייָה כְרִבִּי שִׁמְעוֹן בֵּן לָקִישׁ דְּרִבִּי שִׁמְעוֹן בֵּן לָקִישׁ אָמַר אָכַל חֲצִי זַיִת בְּהֶעֱלֵם אֶחָד פָּטוּר. וְהָכָא אָכַל שְׁנֵי חֲצָאֵי זֵתִין וְחָסֵר כָּל־שֶׁהוּא פָּטוּר. מוֹדֵי רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ בְּאִיסּוּרֵי הֲנָייָה וּמוֹדֵי רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ בְּיוֹם הַכִּפּוּרִים וּמוֹדֵה רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ בְּעָתִיד לְהַשְׁלִים. If somebody said, I would not touch the volume of an olive, but I will touch half the volume of an olive, Rebbi Abun bar Ḥiyya said, he is like a person who eats half the volume of an olive unintentionally and half the volume of an olive intentionally11Everybody agrees that for any prohibition regarding solid foods, no punishment by an earthly court can be imposed if the quantity consumed was less than the volume of an olive. In Babli Yoma 73b, R. Simeon ben Laqish states that less than the established minimum in any case is not forbidden by the Torah, but R. Joḥanan holds that everything forbidden is forbidden in any quantity; it simply cannot be prosecuted if the quantity is minimal. In Šabbat 12:6 (13d), this position is ascribed to Rabban Gamliel and the question about two olive halves is not answered.. Would Rebbi Abun bar Ḥiyya hold with Rebbi Simeon ben Laqish since Rebbi Simeon ben Laqish said, if he ate half the volume of an olive during one forgetting spell12As far as sacrifices in atonement of unintentional sins are concerned, acts committed during separate forgetting spells cannot be combined if half a measure is not sinful; cf. Šabbat 12:6 (13:d), Babli Šabbat 105a., he is free from punishment. So here, if he ate two times half the volume of an olive minus something, he is free from punishment. Rebbi Simeon ben Laqish agrees in the case of prohibitions of usufruct13If all usufruct is forbidden, such as grain growing in a vineyard or food from an idolatrous sacrifice, half a measure must be forbidden because its use would be usufruct., Rebbi Simeon ben Laqish agrees in the case of the Day of Atonement14In the Babli, R. Simeon ben Laqish only holds that less than a measure, in that case less than the volume of an average dried fig, is forbidden by rabbinic decree. This contradicts the Yerushalmi since a rabbinic prohibition can never lead to an obligatory sacrifice., Rebbi Simeon ben Laqish agrees in case he would complete it in the future15The forbidden material is activated by its own kind; cf. end of Halakhah 5:7..
רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן הַמְּגַמֵּעַ חוֹמֶץ שֶׁל תְּרוּמָה לוֹקֶה. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן הַכּוֹסֵס חִיטָּה שֶׁל תְּרוּמָה לוֹקֶה. תַּנֵּי הַכּוֹסֵס אֶת הַחִיטָּה שֶׁל תְּרוּמָה מְשַׁלֵּם אֶת הַקֶּרֶן וְאֵינוֹ מְשַׁלֵּם אֶת הַחוֹמֶשׁ. רִבִּי אוֹמֵר אֲנִי אוֹמֵר שֶׁמְּשַׁלֵּם קֶרֶן וְחוֹמֶשׁ. רִבִּי יִרְמְיָה בְשֵׁם רִבִּי אִימִּי מוֹדִין חֲכָמִים לְרִבִּי בִּמְגַמֵּעַ חוֹמֶץ שֶׁל תְּרוּמָה אַחַר טִיבְלוֹ שֶׁהוּא מְשַׁלֵּם קֶרֶן וְחוֹמֶשׁ שֶׁהַחוֹמֶץ מְיַשֵּׁב אֶת הַנֶּפֶשׁ. Rebbi Abbahu in the name of Rebbi Joḥanan16This paragraph is also in Šabbat14:4 (14d), Yoma 8:3 (45a); cf. Babli Yoma 80b–81a. In the parallels, the statement about payment of principal only is asserted both for vinegar and a wheat grain.: He who swallows heave vinegar is whipped17If he did it after due warning by two witnesses. The statement implies that drinking a fluid which most people do not use is still called drinking in the legal sense.. Rebbi Abbahu in the name of Rebbi Joḥanan: He who chews a wheat grain of heave is whipped. It was stated: He who chews a wheat grain of heave pays the principal but not the fifth; Rebbi says, I am saying that he pays principal and fifth18In the Babli, a parallel statement by R. Jeremiah in the name of R. Joḥanan speaks about chewing raw barley grains. This is considered a health hazard and therefore not included in the notion of eating in the sense of Lev. 22:14. Therefore, one has to pay for the value of what he took, as anybody must who took another’s property illegally, since even his own heave is not his property but a Cohen’s. The baraita here deals with raw wheat kernels which are not a health hazard; it is simply asserted that the fifth applies only to what is considered eating by a majority of the population.. Rebbi Jeremiah in the name of Rebbi Ammi: The Sages agree with Rebbi about him who swallows heave vinegar after such ṭevel, that he pays principal and fifth because vinegar refreshes the spirit19If the person first drank ṭevel vinegar, which also is sinful but not subject to the fifth, and then added some more heave vinegar, that makes vinegar food as a folk medicine..
תַּנֵּי אָכַל תְּרוּמָה טְמֵאָה מְשַׁלֵּם חוּלִין טְהוֹרִין וְאִם שִׁילֵּם חוּלִין טְמֵאִין יָצָא. רִבִּי נָתָן אוֹמֵר סוּמָּכוֹס אוֹמֵר שׁוֹגֵג מַה שֶׁעָשָׂה עָשׂוּי מֵזִיד לֹא עָשָׂה כְּלוּם. תַּמָּן תַּנִּינָן אֵין תּוֹרְמִין מִן הַטָּמֵא עַל הַטָּהוֹר. תַּנֵי בְשֵׁם רִבִּי יוֹסֵי אִם תָּרַם מִן הַטָּמֵא עַל הַטָּהוֹר בֵּין בְּשׁוֹגֵג בֵּין בְּמֵזִיד מַה שֶׁעָשָׂה עָשׂוּי. אַתְיָא דִיחִידָאָה דְהָכָא כִּסְתָמָא דְתַמָּן וִיחִידָאָה דְתַמָּן כִּסְתָמָא דְהָכָא. It was stated20The same statement also in Halakhah 7:1 (44c), Ketubot 3:1 (27b). In the Babli (Yebamot 90a, Giṭṭin 54a) the text is quoted in somewhat enlarged form but rejected (since impure heave is paid for as if it were fuel for principal and fifth, cf. Halakhah 5:8, Tosephta 7:2) and reformulated to speak of pure heave; that changed text is in Tosephta 7:7.: If someone ate impure heave, he has to pay in pure profane food, but if he paid in impure profane, he discharged his obligation. Rebbi Nathan says, Symmachos says, if inadvertently, what he did is done, intentionally, he did not do anything21All traditions of Symmachos are R. Meïr’s. The invalidation of payment with impure produce is a fine imposed by the court. Since the Babli accepts R. Meïr’s decrees as a matter of principle, they have to reformulate the baraita as speaking of pure heave, inapplicable today. These decrees mostly are rejected as minority opinions in the Yerushalmi; there is no need for reformulation.. There, we have stated22Mishnah 2:2.: “One does not give heave from impure produce for pure.” It was stated in the name of Rebbi Yose23Tosephta 3:19., “if he gave heave from impure produce for pure, whether inadvertently or intentionally, what he did is done.” It turns out that the single opinion24Symmachos (R. Meïr); the single opinion there is R. Yose. Since the subjects are different, there is no contradiction involved. here is like the anonymous one there, and the single there like the anonymous here.
הֵיךְ עֲבִידָא רִבִּי זְעִירָא בְשֵׁם רִבִּי חֲנִינָה תַּשְׁלוּמֵי תְרוּמָה הֲרֵי הֵן כִּתְרוּמָה לְכָל־דָּבָר אֶלָּא שֶׁגִּידוּלֵיהֶן חוּלִין. גִּידוּלֵי תְרוּמָה הֲרֵי הֵן כְּחוּלִין לְכָל־דָּבָר אֶלָּא שֶׁאֲסוּרִין לְזָרִים. אָמַר רִבִּי יוֹסֵי וַאֲנָן תַּנִּינָן תַּרְתֵּיהוֹן תַּשְׁלוּמִין תְּרוּמָה הֲרֵי הֵן כִּתְרוּמָה לְכָל־דָּבָר דְּתַנִּינָן אֵינוֹ מְשַׁלֵּם תְּרוּמָה אֶלָּא חוּלִין מְתוּקָּנִין וְהֵן נַעֲשִׂין תְּרוּמָה. אֶלָּא שֶׁגִּידוּלֵיהֶן חוּלִין דְּתַנִּינָן גִּידוּלֵי תְרוּמָה הָא גִידוּלֵי תַשְׁלוּמִין חוּלִין גִּידוּלֵי תְרוּמָה הֲרֵי הֵן כְּחוּלִין לְכָל־דָּבָר. דְּתַנִּינָן וְחַייֶבֶת בְלֶקֶט וּבְשִׁכְחָה וּבְפֵיאָה וַעֲנִיֵי יִשְׂרָאֵל וַעֲנִיֵי כֹּהֲנִים מְלַקְּטִין אֶלָּא שֶׁאֲסוּרִין לְזָרִים דְּתַנִּינָן וַעֲנִיֵי יִשְׂרָאֵל מוֹכְרִין אֶת שֶׁלָּהֶן לַכֹּהֲנִים בִּדְמֵי תְרוּמָה וְהַדָּמִין שֶׁלָּהֶן. How is this25Here starts the discussion of the Mishnah, that the replacement for heave and the fifth become subject to the laws of heave.? Rebbi Zeïra in the name of Rebbi Ḥanina: The replacements of heave are like heave in every respect except that what grows from them26If accidentally or inadvertently used as seeds. is profane. The growth from heave is like profane in every respect27It is not subject to any purity requirements. except that it is forbidden for outsiders. Rebbi Yose said, we have stated all three: The replacements of heave are like heave in every respect as we have stated, “he does not pay in heave but in totally profane food which is turned into heave.” Except that what grows from them is profane as we have stated28Mishnah 9:4: “The growth from heave is heave, the growth from the growth is profane.” It is clear from Mishnah 9:2 quoted next, that in most aspects, the growth from heave is like profane produce; it is like heave in that it is forbidden for non-Cohanim. Replacement for heave is not mentioned in that Mishnah., “the growth from heave,” which implies that what grows from replacement is profane. The growth from heave is like profane in all respects, as we have stated, “29Mishnah 9:2. it is subject to gleanings, forgotten sheaves, and peah; Israel poor and Cohanim poor collect it,” except that it is forbidden to outsiders as we have stated, “Israel poor sell theirs to Cohanim for the price of heave but the money is theirs30In contrast to heave which is not the private property of the owner..”
תַּנֵּי תַּשְׁלוּמֵי תְרוּמָה אֵין מְשַׁלְּמִין מֵהֶן קֶרֶן וְחוֹמֶשׁ וְאֵין מְשַׁלְּמִין עֲלֵיהֶן קֶרֶן וְחוֹמֶשׁ וְאֵין חַייָבִין בְּחַלָּה וְאֵין הַיָּדַיִם פּוֹסְלוֹת בִּטְבוּל יוֹם כְּדֶרֶךְ שֶׁפּוֹסְלוֹת בְּחוּלִין. וְאוּף רִבִּי שִׁמְעוֹן וְרִבִּי יוֹסֵי מוֹדֶה בָהּ. It was stated: One does not use the complement of heave31As Sefer Nir notes, it is impossible that this baraita deal with replacement of heave in the sense of this Halakhah, since the Mishnah stated clearly that even “the fifth of the fifth” comes under the rules of heave. One has to assume, with R. M. Margalit, that one deals with the complement of heave, if the heave given turns out to be less than 1/60 of the harvest, and the farmer has to add the difference; cf. Tosephta 8:2. Since heave has no biblical minimum, that complement is only rabbinic heave and is not covered by Lev. 22:14. But since the name of heave has been pronounced over it, it is not profane to be used for payment and cannot become ḥallah. for payment of principal and fifth and for them one does not pay principal and fifth, it is not subject to ḥallah, and hands and the ṭevul yom do not make it unusable in the way they do not make profane unusable32The syntax of this sentence is garbled. The ṭevul yom makes heave unusable by his touch (Chapter 5, Note 68), the same is true for unwashed hands which are always considered impure in the second degree. Profane food cannot become impure by touch of impurity of second degree in contrast to heave.
There is one opinion in Soṭa 5:2 (fol. 20a; Babli Pesaḥim 18a) that R. Aqiba asserts the possibility of third degree impurity for profane food, but it is clearly stated there that this is not acceptable practice.. Even Rebbi Simeon and Rebbi Yose agree with this33It is not clear what the reference is. In Babli Niddah 46b–47a, R. Yose and R. Simeon free from ḥallah profane dough made to rise by heave (or dema‘) sour dough (since the action of the sour dough shows it is not insignificant even if less than 1% in volume). Similarly, in Mishnah Ṭevul Yom 3:4, R. Yose and R. Simeon declare that such a dough will become unusable by the touch of a ṭevul yom(and presumably also of unwashed hands). In both cases, the anonymous majority declares the dough to be profane..
אִם רָצָה כֹּהֵן לִמְחוֹל אֵינוֹ מוֹחֵל. בִּשֶׁלֹּא הִפְרִישׁ. הִפְרִישׁ וְאַחַר כָּךְ אָכַל פְּלוּגְתָא דְּרִבִּי וּדְרִבִּי לָֽעְזָר בֵּי רִבִּי שִׁמְעוֹן. דְּתַנֵּי וְנָתַן לַכֹּהֵן אֶת הַקּוֹדֶשׁ מַתָּנָתוֹ מְקַדְּשָׁתוֹ מִלּוֹכַל בִּתְרוּמָה. וְאַף הַפְרָשָׁתוֹ מְקַדְּשָׁתוֹ לְחַייֵב עָלָיו חוֹמֶשׁ דִּבְרֵי רִבִּי לָֽעְזָר בֵּי רִבִּי שִׁמְעוֹן. וְאַף הַפְרָשָׁתוֹ מְקַדְּשָׁתוֹ לְחַייֵב עָלָיו קֶרֶן וְחוֹמֶשׁ מִלּוֹכַל בִּתְרוּמָה. “Although the Cohen may want to forgive this, he has no right to forgive.34Quote from the Mishnah.” That is, if he did not yet separate. If he separated and after that ate35Not from the heave but the replacement of the heave., the disagreement of Rebbi and Rebbi Eleazar ben Rebbi Simeon, as it is stated: “(Lev. 22:14) ‘He shall give the holy food to the Cohen,’ his delivery sanctifies it so that he cannot eat it because it is heave. Also the separation sanctifies it so that he should be liable for principal and fifth, the words of Rebbi Eleazar ben Rebbi Simeon. Also the separation sanctifies it so that he should be liable for principal and fifth preventing him from eating it because it is heave.36The text is garbled in both mss.; the position of R. Eleazar is quoted twice, that of Rebbi is missing. It is probable that the original text was similar to Sifra Emor Pereq 6(7): “I could think that the separation [taking the payment out of some profane food] sanctifies it so that one would be obligated for principal and fifth; the verse says ‘He shall give the holy food to the Cohen,’ his delivery sanctifies it so that one [any non-Cohen] will be liable for principal and fifth, but the separation does not sanctify it so that he should be liable for principal and fifth, the words of Rebbi Meïr. Rebbi Eleazar ben Rebbi Simeon says, also the separation sanctifies it so that he should be liable for principal and fifth.””
מָחַל וְאַחַר כָּךְ אָכַל תַּפְלוּגְתָא דְּרִבִּי יוֹחָנָן וּדְרִבִּי שִׁמְעוֹן בֶּן לָקִישׁ. דְּאִיתְפַּלְּגוּן גָּזַל תְּרוּמָה מִשֶּׁל אֲבִי אִמּוֹ כֹּהֵן רִבִּי יוֹחָנָן אָמַר מְשַׁלֵּם לְשֵׁבֶט. וְרֵישׁ לָקִישׁ אָמַר מְשַׁלֵּם לְעַצְמוֹ. אָמַר רִבִּי יוֹנָה כָּךְ הָיָה מֵשִׁיב רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ לְרִבִּי יוֹחָנָן עַל דַּעֲתָּךְ דְּתֵימַר מְשַׁלֵּם לְשֵׁבֶט. וְהָא תַנִּינָן גָּנַב תְּרוּמַת הֶקְדֵּשׁ וַאֲכָלָהּ מְשַׁלֵּם שְׁנֵי חוֹמְשִׁין וְקֶרֶן. וִישַׁלֵּם שְׁלֹשָׁה. רִבִּי יָסָא בְשֵׁם רִבִּי יוֹחָנָן הַתּוֹרָה אָֽמְרָה יָצָא בוֹ יְדֵי גְזֵילָה. אָמַר לֵיהּ רִבִּי זְעִירָא לְרִבִּי אִיסִי תַּרְתֵּין מִילִין אָֽמְרִין בְּשֵׁם רִבִּי יוֹחָנָן וְלֵית אַתּוּן אָֽמְרִין מֵהֶן אָמַר רִבִּי יוֹחָנָן יָצָא יְדֵי גְזֵילוֹ וְלֵית אַתּוּן אָֽמְרִין מָהוּ כְדוֹן וְנָתַן לַכֹּהֵן אֶת הַקּוֹדֶשׁ. מִכֵּיוָן שֶׁנְּתָנוֹ לוֹ יָצָא יְדֵי גְזֵילוֹ. אַתּוּן אָֽמְרִין בְּשֵׁם רִבִּי יוֹחָנָן בְּמָקוֹם שְׁחִיטָתָהּ שָׁם תְּהֵא שְׂרֵיפָתָהּ. וְלֵית אַתּוּן מֵינהֶון. מָהוּ כְדוֹן. רִבִּי לָֽעְזָר בְשֵׁם רִבִּי הוֹשַׁעְיָה עַל פִּרְשָׁהּ יִשְׂרוֹף. מַה אַתְּ שְׁמַע מִינָהּ. רִבִּי יִרְמְיָה בְשֵׁם רִבִּי אִימִּי מְקוֹם פְּרִישָׁתָהּ מֵחַייִם שָׁם תְהֵא שְׂרֵיפָתָהּ. If he [the Cohen] forgave and after that he [the Israel owner] ate, there is disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish since they disagreed: If he robbed heave from his maternal grandfather, a Cohen, Rebbi Joḥanan said, he has to pay to the tribe, but Rebbi Simeon ben Laqish said, he pays to himself37The robber has to repay the robbery, not double the value he took as is the rule for the thief. It is assumed that the grandfather died after he forgave the grandson for the robbery and the grandson is the only heir. According to R. Joḥanan, the grandfather could not forgive and the grandson cannot inherit; therefore, the restitution has to be made to a Cohen. According the R. Simeon ben Laqish, the grandfather can forgive and the grandson can pay the principal to himself as heir, then sell the heave to a Cohen and pocket the money.
The statement is also in Pesaḥim 2:3 (29a).. Rebbi Jonah said, Rebbi Simeon ben Laqish answered Rebbi Joḥanan thus: According to you, who says he has to pay to the tribe, did we not state: “If he stole heave of the Sanctuary, he has to pay two fifths and the principal38Mishnah 6:4. Stealing and robbing from the Sanctuary have the same status; there is no double restitution. A fifth is required for illicit use of heave (Lev. 22:14) and of property of the Sanctuary (Lev. 5:16). The two obligations are independent of one another and computed on the same basis..” Should he not pay three39This is only a potentiality, not a certainty. If he denied stealing under oath, another fifth is due (Lev. 5:16). The heave can become property of the Sanctuary only if the Cohen dedicated it. Therefore, if the Cohen may forgive repayment, the thief cannot be forced to swear and there never can be three fifths. But according to R. Joḥanan, the tribe should be able to force the thief to swear in court and the Tanna should have noticed the possibility of a third fifth.? Rebbi Yasa in the name of Rebbi Joḥanan: The Torah said, it takes him out of his robbery. Rebbi Zeïra said to Rebbi Ammi: Two things you say in the name of Rebbi Joḥanan but you do not say why. Rebbi Joḥanan said, it takes him out of his robbery but you do not say why. It is so, “he shall give the holy food to the Cohen;” once he gave it, it stopped being his robbery40Since robbery and sanctity are incompatible, once it is holy it is not subject to the laws of robbery and the third fifth claimed by R. Simeon ben Laqish is not applicable.. You say in the name of Rebbi Joḥanan, at the place of its slaughter should be its burning41The red cow whose ashes cleanse from the impurity of the dead (Num. 19) must be slaughtered on the stake; its carcass cannot be moved.. You do not say why. Rebbi Eleazar in the name of Rebbi Hoshaia, Num. 19:5: “On its excrement shall be its burning.” How do you understand this? Rebbi Jeremiah in the name of Rebbi Ammi: At the place of its exit from life shall be its burning42The entire statement is R. Hoshaia’s in Babli Zebaḥim 113, in opposition to R. Joḥanan who requires the carcass to be moved in case it was slaughtered at a place from which the Temple doors are not visible; cf. also Sifry Ḥuqqat 124..
רִבִּי יוֹחָנָן כְּרִבִּי. רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ כְּרִבִּי לָֽעְזָר בֵּי רִבִּי שִׁמְעוֹן. אָמַר רִבִּי בּוּן בַּר חִייָה וְאִין יִסְבּוֹר רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ כְּרִבִּי וּבִלְבַד בְּדָבָר שֶׁהוּא זָקוּק לִיתְּנוֹ לְכֹהֵן אֲבָל בְּדָבָר שֶׁאֵינוֹ זָקוּק לִיתְּנוֹ לְכֹהֵן אוּף רִבִּי מוֹדֵי דְהִיא מַתְנִיתָא הִפְרִישׁ פִּדְיוֹן פֶּטֶר חֲמוֹר וּמֵת רִבִּי אֱלִיעֶזֶר אוֹמֵר חַייָבִין בְּאַחֵרָיוּתוֹ כְּחָמֵשׁ סְלָעִים שֶׁל בֵּן. וַחֲכָמִים אוֹמְרִין אֵין חַייָבִין בְּאַחֵרָיוּתוֹ אֶלָּא כְפִדְיוֹן מַעֲשֵׂר שֵׁנִי. מוֹדֵי רִבִּי לִיעֶזֶר בְּפִטְרֵי חֲמוֹרוֹת שֶׁנָּֽפְלוּ לוֹ מִבֵּית אֲבִי אִמּוֹ כֹּהֵן מִכֵּיוָן שֶׁהִפְרִישׁוֹ קִדְּשׁוֹ. Rebbi Joḥanan follows Rebbi43This refers to the disagreement discussed in the previous paragraph. Since only handing the restitution to the Cohen turns it into heave, the Israel grandson of a Cohen cannot make restitution until he gives it to some Cohen., Rebbi Simeon ben Laqish follows Rebbi Eleazar ben Rebbi Simeon44Since separation already sanctifies, when the restitution was set apart before the death of the grandfather it is now legal heave in the hand of the Israel grandson.. Rebbi Abun bar Ḥiyya said, even if Rebbi Simeon ben Laqish would hold with Rebbi, but only for something he is obligated to give to a Cohen; but for something he is not obligated to give to a Cohen45In our case, he inherits it legally from his Cohen grandfather., even Rebbi will agree since that is a Mishnah46Bekhorot 1:6. The Babli (Bekhorot 12b) holds that the rules for first-borns depend on special expressions in the appropriate verses and are not derived from general principles, against the Yerushalmi. (Num. 18:15) “You should certainly redeem the human firstborn, and the firstborn of the impure animal you shall redeem.” For R. Eliezer, “certainly” refers to both cases, for the Sages only to the human firstborn. The redemption for a donkey is a lamb (Ex. 13:13), for a human it is 5 šeqel(Num. 3:47).: “If he separated the redemption of a first-born donkey and then it died, Rebbi Eliezer says one is responsible for alienation47If the lamb was designated for the redemption and then either stolen or lost, the owner must give another lamb as replacement. If the young donkey dies before the lamb is delivered, it is holy and must be buried but the lamb is not given to the Cohen. as for the five tetradrachmas of the [human] first-born; but the Sages say, he is not responsible for alienation, as for Second Tithe.48If the lamb is lost, the owner has fulfilled his duty and the donkey is his. If the young donkey dies before the lamb is delivered, it is a profane carcass and the lamb must be delivered to the Cohen.” Rebbi Eliezer will agree about first-born donkeys he inherited from the estate of his maternal grandfather, a Cohen, that he sanctified it when he separated it49Since the Cohen may give the lamb to himself; in that case, separation is all that is needed..
אָכַל תְּרוּמַת חָבֵר מְשַׁלֵּם לְחָבֵר. תְּרוּמַת עַם הָאָרֶץ מְשַׁלֵּם לְעַם הָאָרֶץ. וְלֹא נִמְצָא מוֹסֵר טָהֳרוֹתָיו לְעַם הָאָרֶץ. כֵּיצַד הוּא עוֹשֶׂה נוֹתֵן שְׁתֵּיהֶן לְכֹהֵן חָבֵר וְנוֹטֵל דְּמֵי אַחַת מֵהֶן וְנוֹתֵן לְכֹהֵן עַם הָאָרֶץ. רִבִּי בּוּן בַּר חִייָה אָמַר קוֹמֵי רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ אַתְיָא כְּמָאן דְּאָמַר הַפְרָשָׁתוֹ מְקַדְּשָׁתוֹ. בְּרַם כְּמָאן דְּאָמַר מַתְּנָתוֹ מְקַדְּשָׁתוֹ בְּלֹא כֵן אֵינוֹ צָרִיךְ זְכִייָה. אָמַר לָהֶן בִּמְזַכֶּה עַל יְדֵי אַחֵר. One who ate the heave of a Fellow has to pay the Fellow, one who ate the heave of a vulgar person has to pay the vulgar person50The notions of Fellow and vulgar person are explained in the Introduction to Demay. The vulgar person is unable to keep his food in purity; giving him pure food, as required by the Mishnah, would be forbidden waste.. Does he then not deliver his pure food to a vulgar person? How does he do it, he gives both to a Cohen Fellow, takes the price of one of them and gives that to the vulgar Cohen51The amoraic text here has a parallel in Tosephta 7:5: “He who eats heave of a vulgar [Cohen], pays principal and fifth to a Cohen Fellow; the Fellow takes money and indemnifies the vulgar [Cohen].. Rebbi Abun bar Ḥiyya said before Rebbi Simeon ben Laqish, this follows him who says, its separation sanctifies. But for him who says, the delivery sanctifies, does it not need acquisition in any case52If there is no sanctification without delivery then there is no repayment without delivery and the Cohen Fellow should not be able to acquire heave that is not due him.? He said to them, he operates through the services of a third person53The Cohen Fellow does not acquire the heave for himself but for the vulgar Cohen. He can do that since it is for the vulgar’s benefit. Then he has to buy the heave for himself from what he had acquired for the third person. Since this is a formal institution, the vulgar’s consent is implied..
לֹא הִסְפִּיקָה לְשַׁלֵּם עַד שֶׁנִּתְגָּֽרְשָׁה. אִיתָא חֲמִי אִילּוּ הָיָה לָהּ כַּמָּה מַעְשְׂרוֹת שֶׁמָּא אֵינָן שֶׁלָּהּ. תַּמָּן מַעְשְׂרוֹת מְסוּייָמִין בְרַם הָכָא תְּרוּמָה אֵינָהּ מְסוּייֶמֶת. מַה דָמֵי לָהּ פִּיטְרֵי חֲמוֹרוֹת. If she did not manage to pay before she was divorced55If she has no children, she reverted to the status of Israel and is forbidden to eat heave.? Come and see, if she had so many tithes, would they not be hers56If she got heave or Heave of the Tithe as a Cohen’s wife, it remains her property even if she cannot eat it now but must sell it to somebody who can.? There tithes are defined but here the heave is still undefined57Since she did not pay, the heave is not designated yet and undetermined things cannot be acquired.. What compares to this? First-born of donkeys58It is difficult to know what is meant since there is no Yerushalmi to Bekhorot. It seems that one refers to the opinion of the Sages (Note 48) that the lamb is the Cohen’s property upon designation, before delivery. In this case, the heave would remain hers if designated before the divorce..