Tosefta zu Terumot 1:11

R. Yehuda says: One who is deaf who sets aside terumah - his terumah is a [valid] terumah. R. Yehuda told a story of the sons of R. Yochanan b. Godgeda who were deaf, and all of the purity rules of Jerusalem were taken care of by them. They said to him regarding that proof, that the purity rules do not require thought, and [thus] they are taken care of by those who are deaf, insane, or minors, [but] terumah and tithes require thought. R. Yitzhak says in the name of R. Elezar: The terumah of one who is deaf should not go out as profane, because there is doubt – perhaps he has knowledge, perhaps he does not have knowledge. How [should] they treat him? The court [should] assign him guardians, [so that when] he sets aside terumah they confirm for him [that he has done it correctly]. R. Simon b. Gamliel says: Who is considered to be deaf? Everyone who was deaf from his birth [is considered to be deaf], but one who [initially] is sensible and becomes deaf, he writes and they provide confirmation.

One who hears and does not speak – he is mute. One who speaks and does not hear – he is deaf. And in both cases regard him as one who is sensible in all respects.

One who hears and does not speak – he is mute. One who speaks and does not hear – he is deaf. And in both cases regard him as one who is sensible in all respects.

Who is considered to be insane? One who goes out alone at night, and one who stays overnight in the cemetery, and one who tears his chair, and one who destroys things that people give to him. [For one who is] sometimes insane, sometimes sane, this is the general rule: Whenever he is insane, regard him as someone who is insane in all respects, and [whenever he is] sane, regard him as someone who is sensible in all respects (see Rosh Hashanah 28a:16).

R. Yehuda says: A minor whose father places him in a cucumber field – [when] he sets aside terumah and his father speaks on his behalf, his terumah is a [valid] terumah. They said: It is not he [the minor] who sets aside terumah, but rather his father who confirms his act.

How could someone set aside as terumah something that does not belong to him? He could go down to the middle of his neighbor’s field and glean and set aside terumah while not being in poverty. If they consider it robbery, his terumah is not a [valid] terumah, but if not, his terumah is a [valid] terumah. How could one know if it were considered robbery or not? The case when the master of the house comes out and finds him, and says to him: ‘Cut it out!’ with pleasantries – if there were pleasantries it is not considered robbery, but if not, regard it to be considered robbery. If the master of the house had harvested and added to it, in either case it is not considered robbery.

[If] it was the second [year of the agricultural cycle] and the third [year's crops] came in, the earlier [harvest] is tithed as second tithe, and the later [harvest] is tithed as poor man's tithe. [If] he picked an etrog in the evening before Tu B'shvat (the 15th of Shevat, the new year for trees, see Rosh Hashanah 1:1), until the sun rises, he may return [and take terumah and tithes from] those picked [etrogs], but once the sun rises, we do not take terumah and tithes from one on behalf of the other because [once the sun rises on Tu B'shvat, fruit collected thereafter] are "new " and [fruit collected previously] are "old" (i.e., from the previous year). If it was the third year and the fourth year's crop came in, the earlier [harvest] is tithed as poor man's tithe, and the fourth year's crop is tithed as second tithe.

What is considered "the Land [of Israel]" and what is considered "outside the Land [of Israel]" (Y. Shev. VI.1.22)? From the slopes of Taurus Amanus inwards is the "Land of Israel," from Taurus Amanus to the outside is "outside the Land." About the islands in the sea, one looks at them as if a string were drawn from Taurus Amanus to the rivers of Egypt: from the string to the inside is the "Land of Israel," from the string to the outside is "outside the Land." Rabbi Yehudah said, all that lies before the Land of Israel is like the Land of Israel since it is said (Num. 34:6): “The Eastern border shall be for you the Great Sea as border.” It is as if a string were drawn from Cephalaria to the Ocean, inside the string is the "Land of Israel," and outside is "outside the Land."

We do not take terumah from produce [that is harvested] before it is one-third ripe (cf. Hallah 1:3). How do you know if it is one-third ripe or if not? If it is planted and something has sprouted, it is known that it one-third ripe. If it is planted and something has not sprouted, it is known that it is not one-third ripe.

For what reason did they say (Ter. 1:6) that a mute cannot separate terumah? Because he cannot bless. For what reason did they say that a blind person cannot separate terumah? Because he cannot distinguish between good and bad [produce]. For what reason did they say that a drunk cannot separate terumah? Because he has no understanding. [However,] even though he is drunk, his purchases are [valid] purchases and his sales are [valid] sales, and his gifts are [valid] gifts, and his vows are [valid] vows, [and] his sanctified property is [valid] sanctified property, [and] his transgressions are [punishable] transgressions, [and] if he is held liable for sin-offering then he must bring a sin-offering, and [if he is] held liable for stoning he is stoned. The general rule of the matter is that a drunk -- behold -- he is like someone who is sober in every respect. For what reason did they say a ba'al keri (see Zavim 5:11) cannot separate terumah? Because he cannot bless. For what reason did they say one who is naked cannot separate terumah? Because he cannot bless. But he covers himself with straw or with stubble or with anything and he blesses.

Rabbi Yehudah says, a person [is permitted to] measure his untithed produce, and bring it into his house, provided he does not [separate] terumah [according to] measure or weight (see Y. Ter. I.4.5). A person [is permitted to] count his untithed produce and bring it into his house, provided he does not [separate] terumah [according to] quantity.

One who takes terumah from [whole] olives on behalf of olives that will be crushed in the future, [or] grapes on behalf of grapes that will be trodden on in the future, it is [valid] terumah, but he must return and take terumah again (Y. Ter. I.5.8). The first [terumah] will render [a mixture of terumah and chullin] a forbidden mixture, but not the second [terumah]. For the first [terumah] he is liable for an extra fifth, but for the second [terumah] he is not liable for an extra fifth, and he needs to designate them. [If] he returned and made the first olives into oil, or the first grapes into wine, [it is valid terumah] and there is no need to take terumah a second time. One who takes terumah from olives [intended for] oil on behalf of olives [intended for] eating, behold, this one takes terumah on the [amount of] oil that [the olives] are expected to yield, the words of Rebbi. Rabbi Shimon ben Gamaliel says, we take terumah [of oil] on behalf of [an equivalent amount of] solid foods, excluding their pits (cf. Y. Ter. I.5.7). And they agree with respect to pickled olives (קלופסין not קליפין), since we may take terumah on behalf of solid foods, excluding their pits.

One who takes terumah from grapes to be made into raisins (Ter. 1:9), or figs to be made into dried figs, or pomegranates to be made into dried pomegranates (פֶּרֶד not כרי, see Jastrow), it is [valid] terumah and he need not take terumah a second time. Rabbi Eliezer says, Beit Shammai say that he need not take terumah a second time, and Beit Hillel say that he needs to take terumah a second time. Beit Hillel said to Beit Shammai, behold, it says (Num. 18:27), "[your terumah will be reckoned] like fully-fermented [grapes] from the vat" (see Ter. 1:10). He does not take terumah of this (i.e., of dried fruit) from the vat. Beit Shammai said back to them, behold, it says (Lev. 27:30), "And every tithe [of the land, whether from the seed of the land [or] the fruit of the tree, is for God, it is holy to God." If you say, that he needs to take terumah a second time, therefore [the first terumah] will not remain holy to God.

A Gentile that [separates] terumah -- his terumah is valid terumah (but see Ter. 1:1). In what case does this apply? [In the case of] a threshing floor, he separated terumah and gave it to a Kohen, [or separated] first tithes and gave them to a Levite [or separated] poor person's tithes and gave them to a poor person. [If his] produce is properly tithed [but] he brings his produce into his house, his produce is [considered] spoiled. An Israelite who is suspected of having brought his produce into his house, his produce [is considered] spoiled. A Samaritan is like a Gentile, the words of Rebbi. Rabban Shimon ben Gamaliel says, a Samaritan is like an Israelite.

[If] he had a pile of winnowed [grain], and he wanted to designate [some of] it as terumah on behalf of [grain in] another place, he does it. He removes the terumah [and] if he [then] wanted to designate [some of the pile] as first tithe on behalf of [grain in] another place, he does it. He removes the first tithe, [and if] he wanted to designate [some of the pile] as second tithe on behalf of [grain in] another place, he does it. He removes the second tithe, [and if] he wanted to to designate [some of the pile] as poor person's tithe on behalf of [grain in] another place, he does it. And if he said, "Behold, [the grain that I pick up shall be terumah, etc.]," he takes terumah and he calculates -- if what he has picked up with his hands is [at least] one sixtieth [of the grain in the other place], his terumah is [valid] terumah, and if not, his terumah [is not] valid terumah. [If when] he took terumah, what he picked up with his hand was [at least] one-sixtieth, his terumah is [valid] terumah, except if he took terumah by measuring (see Ter. 1:7).

One who separates terumah and first tithe and second tithe, and does not know which is which, behold, he may measure the terumah, the first tithe, and the second tithe [in order to determine which pile is which (as a last resort, despite the general prohibition against measuring terumah, Ter. 1:7)].

[There are] ten [types of Kohanim to whom] we do not distribute terumah from the threshing floor (Yevamot 99b:13), and they are: A deaf-mute, an insane person, and a minor, a tumtum (whose genitals are concealed), and a hermaphrodite, and a slave, and a woman, and an uncircumcised man, and one who is impure, and one who marries an unsuitable woman (i.e., one who is disqualified from marrying a Kohen). But as to all of them, we may send them terumah, to their homes, with the exception of one who is impure, and one who marries an unsuitable woman.