Commentaire sur Téroumot 1:5
אֵין תּוֹרְמִין מִן הַלֶּקֶט, וּמִן הַשִּׁכְחָה, וּמִן הַפֵּאָה, וּמִן הַהֶפְקֵר, וְלֹא מִמַּעֲשֵׂר רִאשׁוֹן שֶׁנִּטְּלָה תְּרוּמָתוֹ, וְלֹא מִמַּעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁנִּפְדּוּ, וְלֹא מִן הַחַיָּב עַל הַפָּטוּר, וְלֹא מִן הַפָּטוּר עַל הַחַיָּב, וְלֹא מִן הַתָּלוּשׁ עַל הַמְחֻבָּר, וְלֹא מִן הַמְחֻבָּר עַל הַתָּלוּשׁ, וְלֹא מִן הֶחָדָשׁ עַל הַיָּשָׁן, וְלֹא מִן הַיָּשָׁן עַל הֶחָדָשׁ, וְלֹא מִפֵּרוֹת הָאָרֶץ עַל פֵּרוֹת חוּצָה לָאָרֶץ, וְלֹא מִפֵּרוֹת חוּצָה לָאָרֶץ עַל פֵּרוֹת הָאָרֶץ. וְאִם תָּרְמוּ, אֵין תְּרוּמָתָן תְּרוּמָה:
On ne peut pas écarter Terumah du Leket [ glanages tombés donnés aux pauvres], ou du Shikhecha [gerbes oubliées données aux pauvres], ou du Pe'ah [coin du champ qui doit être donné aux pauvres] , ou du Hefker [sans propriétaire], et non de la première dîme dont Terumah a déjà été prise, ou de Ma'aser Sheni [deuxième dîme, qui doit être mangée à Jérusalem] ou Hekdesh [don consacré] qui a été racheté, et non de ce qui est obligé [en Terumah ] pour ce qui n'est pas obligé, et non de ce qui n'est pas obligé à ce qui est obligé, et non du ramassé au non-ramassé, et non du non-sélectionné au choisi, et non pas du Chadash [grain de l'année en cours qu'il est interdit de manger] pour le Yashan [grain de l'année précédente que l'on est autorisé à manger], et non du Yashan pour le Chadash , et non des fruits de la terre [d'Israël] pour les fruits de l'extérieur de la terre, et non de fruits de l'extérieur de la terre pour les fruits de la terre. Et si l' on ne mis de côté Terumah [de ces types de produits], l' un des Terumah n'est pas [valide] Terumah .
Bartenura on Mishnah Terumot
אין תורמין מן הלקט מן השכחה ומן הפאה – whomever has a heap of produce, pending the separation of sacred gifts to the Kohanim and Levites may not set aside upon it priest’s due from produce that fell, was forgotten [in the field] or from the corner of the field that is in his hand, as these are gifts to the poor and one cannot to make his heaps of produce pending separation of the sacred gifts legally fit for use by giving the priestly due with the gifts to the poor.
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English Explanation of Mishnah Terumot
Introduction
Most of this mishnah teaches that one cannot take terumah from one category of produce in order to exempt another category of produce.
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Bartenura on Mishnah Terumot
Concerning that which is הפקר/ownerless, it is written (Deuteronomy 14:29): “Then the Levite, who has not hereditary portion as you have….” from what you have and that he lacks, you are required to give, excluding that which is ownerless, for both your hand and his hand are equivalent [concerning this].
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English Explanation of Mishnah Terumot
They do not take terumah from ‘gleanings’, from ‘the forgotten sheaf’, from peah or from ownerless produce. All of the agricultural gifts given to the poor are exempt from terumah and tithes. When a poor person receives these gifts he need not take out terumah or tithes. For an explanation of what these gifts are see the introduction to peah. Similarly, ownerless produce is exempt from terumah. Furthermore, as we shall learn below, one cannot separate terumah from that which is exempt on behalf of that which is liable for terumah.
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Bartenura on Mishnah Terumot
ולא ממעשר ראשון שנטלה תרומתו – We do not donate from it the Kohen’s share of the produce (2%) on a pile of produce requiring separation of Levitical and Priestly tithes that is in his hand, and it was necessary for us to teach where they placed the son of a Levite ahead of a Kohen with regard to sheaves that are exempt from the “great Terumah”[the 2% that goes to the Kohen], and specifically where he took his priest’s due , but where he did not take his priest’s due, he can make the donation as it is taught in [Midrash] Sifrei [Bemidbar/Numbers, Piska 119] : From where does the son of a Levite who wanted to take from his First Tithe – the Great Terumah (the 2% for the Kohen), from where [do we learn] that he may do this? As the inference teaches us: (Numbers 18:24): “For it is the tithes set aside by the Israelites as a gift to the LORD [that I gave to the Levites their share]...,” that if he wanted to make it priest’s due for others, he may do so; he may, even after he has taken his priest’s due – he may make it priest’s due for others, as the inference teaches us (Numbers 18:29): “the part that of that is to be consecrated.” As long as its holiness is within it, he can make it Terumah/priest’s due for others; but if its holiness is not within it, he cannot make it Terumah for others.
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English Explanation of Mishnah Terumot
[Neither is it taken] from first tithe from which terumah had already been taken, nor from second tithe and dedicated produce that had been redeemed. When the Levite receives tithe (first tithe), he takes out “terumat maaser” and gives it to the priest (see the introduction). Even if the tithes that he received came from produce that never had regular terumah taken out of it, for instance the Levite took his tithes earlier than was normal (usually terumah is taken first and then the tithes), it is not subject to regular terumah. The same is true for second tithe and sanctified produce that has been redeemed (exchanged for money in the case of second tithe the money is then taken to Jerusalem, and in the case of sanctified produce the money is given to the Temple). Even if terumah has never been taken from such produce, it is no longer subject to the laws of terumah.
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Bartenura on Mishnah Terumot
ולא ממעשר שני והקדש שנפדו – This Tanna holds that Second Tithe [belongs] to On-High (God), and where it wasn’t redeemed, it is obvious that he cannot to make things legally fit for use by giving the priestly dues with his pile of produce which is forbidden to be eaten pending the separation of priestly gifts with the monies of On-High (God); but, where they had been redeemed, I might think I would say, that he is able to make them “the great Terumah’ (the 2% gift to the Kohen) on his produce which is forbidden to be eaten pending the separation of priestly gifts, and should you say, that this also is obvious, for that which is completely non-sacred is what is necessary, for where they were zealous with the sheaves, where he is exempt from [donating] the priest’s due/Terumah Gedolah , as we explained for First Tithe. והקדש שנפדה – It is also necessary when he sanctifies (i.e., as a gift to the Temple) produce which is forbidden to be eaten pending the separation of priestly gifts, and the treasure has smoothed out the pile and afterwards redeemed it, that it is exempt from Terumah/priest’s due. -
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English Explanation of Mishnah Terumot
[Nor is it taken] from that which is subject [to terumah] for that which is exempt [from terumah], nor from that which is exempt for that which is subject. If one has two piles of produce, one pile from which he must remove terumah, and one pile from which he does not have to remove terumah, he can’t take terumah from one in order to exempt the other. Specifically, he can’t take from the exempt produce in order to have it count for the liable produce.
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Bartenura on Mishnah Terumot
מן הפטור על החיוב – such as from produce that had not yet grown one-third (i.e., not one-third ripe), which are exempt from tithes on the produce instead of from produce that had grown one-third (i.e., that was one-third ripe).
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English Explanation of Mishnah Terumot
Nor from produce already plucked [from the soil] for that attached to it, nor from that attached [to the soil] for that already plucked. Produce that is still attached to the ground is not yet liable to have terumah taken from it. Therefore, one cannot remove terumah from produce already plucked in order to exempt produce that is still attached, nor vice versa.
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Bartenura on Mishnah Terumot
ולא מן התלוש על המחובר – as it is written (Numbers 18:26): “you shall set aside from them [one-tenth of the tithe as a gift to the LORD],” you shall not give from what is detached instead of what is attached, and not what is attached instead of what is detached, for the language הרמה/separating the priest’s gift does not belong other than with detached [produce], and from it, it implies, that the priest’s due and the non-sacred produce are similar.
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English Explanation of Mishnah Terumot
Nor from new produce for old, nor from old for new. New produce (from this year’s harvest) and old produce (meaning aged produce from the previous year’s harvest) are different categories. One cannot take terumah from one in order to exempt the other.
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Bartenura on Mishnah Terumot
מן החדש על הישן – from the produce of this year instead of the produce from the previous year nor the produce from the previous year instead of from the produce of this year, as it is written (Deuteronomy 14:22): “that is brought from the field every year,” but a field that produces two harvesting seasons in a year such as a field which needs irrigation you make the gift of priest’s due from this [year] instead of from the produce of the previous year.
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English Explanation of Mishnah Terumot
Nor from produce from the land of Israel for produce grown outside the land, nor from that grown out of the land for that grown in the land. Produce grown outside of the land of Israel is not subject to the laws of terumah. Therefore, one cannot take terumah from such produce in order to exempt produce that grew inside the land, nor vice versa.
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Bartenura on Mishnah Terumot
ולא מפירות הארץ על פירות חוצה לארץ – As it is written (Leviticus 27:30): “All tithes from the land, whether seed from the ground [or fruit from the tree, are the LORD’s…,” the Biblical verse reveals concerning [First] Tithe and the same law applies for Terumah/priest’s due, and similarly, one does not donate as priest’s due from the produce of the Land of Israel instead of the produce that is found in Syria, nor from the produce that is in Syria instead of the produce from the Land of Israel.
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English Explanation of Mishnah Terumot
[In all these cases] if they did take terumah, their terumah is not terumah. In all of these cases, if one does separate such terumah it is not considered terumah and even a non-priest could eat it.
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