Partner, die Terumah nacheinander beiseite legen : Rabbi Akiva sagt: Die Terumah von beiden ist [gültige] Terumah . Aber die Weisen sagen: [nur] die Terumah der ersten ist Terumah . Rabbi Yosi sagt: Wenn die erste Terumah gemäß der vorgeschriebenen Menge beiseite legt , ist die Terumah der zweiten nicht Terumah , aber wenn die erste Terumah nicht gemäß der vorgeschriebenen Menge beiseite gelegt hat , ist die Terumah der zweiten Terumah .
Bartenura on Mishnah Terumot
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.
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English Explanation of Mishnah Terumot
Introduction
This mishnah deals with two partners who jointly own a pile of produce and each gives terumah. For instance, they together own 50 seahs of wheat and each gives 1 seah of terumah (2 per cent). The question is, are both terumah? Neither? One and not the other?
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Bartenura on Mishnah Terumot
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.
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English Explanation of Mishnah Terumot
[Two] partners who took terumah, the one after the other: Rabbi Akiva says: the terumah of them both is terumah. According to Rabbi Akiva, half of what each partner gave is terumah. Rabbi Akiva looks at this situation as if each partner gave terumah for the half that belonged to him. So each seah is half terumah and half hullin (non-sacred produce). Since we can’t determine which is which, each must treat the mixture as if it was medumma.
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English Explanation of Mishnah Terumot
But the sages say: the terumah of the first is terumah. The sages say that only the first terumah is terumah. The second terumah was accidental because had the second person known that the other partner already gave terumah, he would not have given it.
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English Explanation of Mishnah Terumot
Rabbi Yose says: if the first gave the prescribed amount, the terumah of the second is not terumah, but if the first did not give the prescribed amount, the terumah of the second is terumah. According to Rabbi Yose, if the first person gave the proper measure (see below 4:3, for more information on the proper measure for terumah) than his terumah alone counts. If the first person did not give the proper measure than the second terumah is also terumah.
