Wenn jemand Terumah gestohlen hat , es aber nicht gegessen hat, muss er Tashlumei Kefel [eine doppelte Zahlung] des Preises der Terumah bezahlen . Wenn er es gegessen hat, muss er zwei Hauptwerte plus einen fünften, einen Hauptwert und einen fünften Wert aus Chulin [nicht heilige Produkte] und einen Hauptwert zum Preis von Terumah zahlen . Wenn man stahl Terumah von Hekdesh [geweihte Spende] und aß es, so hat er zwei Fünftel bezahlen und den Hauptwert, für Tashlumei Kefel nicht anzuwenden Hekdesh .
Bartenura on Mishnah Terumot
דמי תרומה – for its value is not expensive like unconsecrated produce.
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English Explanation of Mishnah Terumot
Introduction
A thief is obligated to pay back double the amount that he stole. Our mishnah deals with a person who steals terumah.
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Bartenura on Mishnah Terumot
וחומש מן החולין – and they are made heave-offering, like the law of all who eat heave-offering inadvertently.
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English Explanation of Mishnah Terumot
If one stole terumah but did not eat it, he must return double-payment at the price of terumah. As we have stated many times, terumah was cheaper than regular produce because terumah has less of a market. If one steals terumah he needs to pay back only twice the amount that he stole, which is the value of terumah.
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Bartenura on Mishnah Terumot
וקרן דמי תרומה – because of the double [fine] to the thief.
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English Explanation of Mishnah Terumot
If he ate it, he must pay twice the value plus a fifth, one principal value and a fifth at the price of hullin, and the other principal at the price of terumah. However, if he ate it, our problem becomes more complex. He must still pay back twice the value, but one of those amounts is the amount that the produce would have been worth if it was hullin, non-sacred produce, because whenever a person eats terumah (that is a person who is not supposed to eat terumah) he must pay back the value in hullin. The second value he can pay back at the cheaper terumah price because that is the value of the produce which he actually stole. He must also pay back an added fifth as a penalty for eating terumah, but he doesn’t need to pay back two fifths.
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Bartenura on Mishnah Terumot
תרומת הקדש – that the Kohen dedicated for Temple repair.
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English Explanation of Mishnah Terumot
If one stole terumah of dedicated property and ate it, he must repay two fifths and the principal value, for the laws of double-payment do not apply to dedicated property. In this case a person steals terumah that a priest had dedicated to the Temple. When he eats it, he transgresses two prohibitions eating terumah and benefiting from sanctified property. For each of these transgressions he brings an added fifth, so he brings two added fifths. However, the laws of double-payment for theft do not apply here, because these laws only apply when one steals something from another person, and not when one steals from Temple property (see Bava Metzia 4:9). It turns out that in this case the person pays back one principal and two fifths.
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Bartenura on Mishnah Terumot
שני חומשים – one because he at heave-offering, and one because he benefited from that which was dedicated to the Temple, but there is no double payment for dedication to the Temple, as it is written (Exodus 22:8): “he whom God declares guilty shall pay double to the other,” but not to the Temple.
