Comentario sobre Terumot 6:1
הָאוֹכֵל תְּרוּמָה שׁוֹגֵג, מְשַׁלֵּם קֶרֶן וְחֹמֶשׁ. אֶחָד הָאוֹכֵל וְאֶחָד הַשּׁוֹתֶה וְאֶחָד הַסָּךְ, אֶחָד תְּרוּמָה טְהוֹרָה וְאֶחָד תְּרוּמָה טְמֵאָה, מְשַׁלֵּם חֻמְשָׁהּ וְחֹמֶשׁ חֻמְשָׁהּ. אֵינוֹ מְשַׁלֵּם תְּרוּמָה, אֶלָּא חֻלִּין מְתֻקָּנִים, וְהֵם נַעֲשִׂין תְּרוּמָה, וְהַתַּשְׁלוּמִין תְּרוּמָה. אִם רָצָה הַכֹּהֵן לִמְחֹל, אֵינוֹ מוֹחֵל:
Quien come Terumah [producto consagrado para el consumo sacerdotal] sin querer debe devolver su valor principal y un quinto [de su valor, independientemente de] si lo come o lo bebe, o se unge con él, o si el Terumah es puro o no. Terumah es impuro, debe pagar su quinto y un quinto de ese quinto [si se comió el quinto]. Puede que no pague con Terumah , sino con Chulin diezmado [producto no sagrado], que se convierte en Terumah . Y los Tashlumin [pagos por lo que se comió injustamente] también se convierten en Terumah y si el sacerdote desea renunciar [los pagos], no puede renunciar.
Bartenura on Mishnah Terumot
האוכל תרומה שוגג משלם קרן וחומש – as it is written (Leviticus 22:14): “but if a man eats a sacred donation unwittingly, he shall pay the priest for the sacred donation, adding one-fifth of its value.” And the one-fifth is one quarter of what he ate, as for example, if he ate heave-offering that was worth a Denar, he pays a Deinar and one-quarter, which are amidst all, five-fourths Denar, it is found that the principle with its fifth is five, and all the added-fifths mentioned in the Torah are such.
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English Explanation of Mishnah Terumot
Introduction
Terumah can be eaten only by priests (Leviticus 22:10, according to how the rabbis understood the verse). According to the rabbis, one who eats terumah intentionally is liable for death at the hands of heaven. Our mishnah deals with the consequences of eating terumah unwittingly.
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Bartenura on Mishnah Terumot
אחד השותה – [who drinks] wine.
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English Explanation of Mishnah Terumot
One who eats terumah unwittingly must repay its value plus a fifth, whether he eats it or drinks it, or anoints himself with it, or whether the terumah is clean or unclean. One who unwittingly eats, drinks or anoints himself with terumah must pay back the amount he ate plus an added fifth. The fifth in rabbinic literature is what we would call a fourth. It is a fifth of the total amount at the end. Thus if he eats 100 seahs of terumah, he must pay back 125: 100 is the principal and 25 is the 1/5 of the total amount 125.
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Bartenura on Mishnah Terumot
ואחד הסך – [who anoints] with oil. For drinking is included within eating, as it is written (Deuteronomy 14:26): “[and spend the money on anything you want -] cattle, sheep, wine, or any other intoxicant,” and it is written afterwards (ibid.,) “and you shall feast there.” And anointing is like drinking, as it is written (Psalms 109:18): “May it enter his body like water, his bones like oil.”
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English Explanation of Mishnah Terumot
[If he eats the added fifth] he must pay its fifth, and a fifth of that fifth. If he sets aside an extra fifth to pay back the priest, and then he unwittingly eats that as well, he must pay back an added fifth of the fifth. This section teaches us that the added fifth has the status of terumah, just as the principle that he pays back has the status of terumah, as we see below.
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Bartenura on Mishnah Terumot
וחומש חומשה – for if he ate heave-offering and paid the principal and added-fifth, and went back and ate the payment of the fifth, he adds a fifth on that same fifth.
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English Explanation of Mishnah Terumot
He may not repay with terumah, but rather with tithed hullin, which becomes terumah. It would seem obvious that he can’t pay back with other terumah because that would be cheating the priest (like paying old taxes with new ones). When he pays back he must use hullin from which tithes have been properly separated.
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Bartenura on Mishnah Terumot
אינו משלם תרומה – for the heave-offering is for the Kohen, and the payments of what he ate are an obligation upon hi, and he is not able to pays his obligation from another place.
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English Explanation of Mishnah Terumot
And whatever may be repaid in its place also becomes terumah and if the priest wishes to forego [the fine], he cannot do so. As we learned above in section two, that which he pays back to the priest becomes terumah. This is true even if the priest forgives him the fine. That which he must pay back becomes terumah regardless of whether the priest wants it to or not. It seems that what this section transforms the payment from being restitution to the priest into an obligation upon the person who ate the terumah to make up for his transgression. In a sense, we might say that the payment allows him to receive atonement for his albeit unwitting sin. As such, unlike a normal debt, the priest cannot forgive the debtor his obligation. This is also evident in section one, which states that he must repay even if the terumah was unclean. Unclean terumah cannot be used and therefore he hasn’t really damaged any priest. Nevertheless, he must pay back the amount he used because the issue at stake is atonement and not restitution for a loss.
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Bartenura on Mishnah Terumot
אלא חולין מתקונים – tha they separated from them heave-offerings and tithes, for the All-Merciful stated (Leviticus 22:14): “He shall pay the priest for the sacred donation,” that things which is appropriate to me holy. And the added fifth also needs to come from designated unconsecrated produce , as it is written (Leviticus 22:14): “adding one-fifth of its value,” teaching that its added fifth is like it.
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Bartenura on Mishnah Terumot
והן נעשין תרומה – those designated unconsecrated produce.
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Bartenura on Mishnah Terumot
והתשלומין תרומה – if he went back and inadvertently ate that unconsecrated produce that had been paid, what he goes back and pays in their place, they also become heave-offering.
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Bartenura on Mishnah Terumot
אינו מוחל – for since the decree of the Biblical verse is that he is liable to pay the appropriate thing to become holy and is not able to exempt himself with money, the matter is not dependent upon the owners.
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