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משנה

Tosefta על תרומות 4:16

Tosefta Maasrot

[If the owner of a field] said to him, "Go out and gather figs for yourself from the fig tree," he may eat casually from them and tithe them as certainly untithed produce. [If he] said to him, "Go out and fill yourself up this basket," he may eat from them casually and tithe them as Demai. In what case does this apply? With [a field belonging to] an am ha'aretz, but with [the field of] a chaver, he may eat and there is no need to tithe, the words of Rebbi. Rabban Shimon ben Gamaliel says, In what case does this apply? With [the field of] an am ha'aretz, but with [the field of] a chaver, he should not eat until he has tithed, since chaverim are not be suspected of taking Terumah [on behalf of other produce] that is not in close by (and thus we can be certain that the chaver-owner would not have already tithed these figs (see Ter. 4:3)). Said Rebbi (not "Rabbi Yehuda"), my words are preferable to the words of Rabban Shimon ben Gamaliel. It is better that chaverim will take Terumah [from produce] that is not close by and not feed untithed produce to amei ha'aretz.
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Tosefta Terumot

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.
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Tosefta Terumot

[If there are] five collections [of produce] on the threshing floor, terumah [may be] taken from one on behalf of all, said Rabbi Yehudah. When is this? At the time that the major part (עיקר) of the [produce of the] threshing floor still remains. If the major part of the threshing floor does not remain, terumah is taken from each collection separately. One who brings produce inside his house, even though they are scattered (מְפוּזָּרִין, see Megillah 13b:18), he [may] take terumah from one on behalf of everything. [If there were] two piles that were heaped together (see Ter. 4:12), he takes terumah from each and every one. If had sacks of produce or rounds of fig cake or דוגיות of dried figs, we [may] take terumah from everything in one basket, and take tithes from one on behalf of the other.
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Tosefta Terumot

A Samaritan that separated terumah and gave it to a [Samaritan] priest (see Lieberman), his terumah is [valid] terumah. Rabbi Shimon ben Elazar says, it is [valid] terumah but he goes back and takes terumah a second time [and gives to a Jewish priest, i.e., a Kohen]. They said to him, "What is the difference between this case and a Kohen that took terumah and brought it before his livestock [which is permitted]." He said to them, "The difference is this -- that this one separates terumah with sanctity, and that one does not separate terumah with sanctity."
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Tosefta Terumot

One who intends to separate terumah [in a proportion of] one in ten, but [instead] into his hand came one-twentieth, or one-thirtieth, or one-fortieth, or one-fiftieth, or one-sixtieth, his terumah is [valid] terumah. One who intends to separate terumah [in a proportion of] one in sixty, but [instead] into his hand came one-fiftieth, or one-fortieth, or one-thirtieth, or one-twentieth, or one-tenth, his terumah is not [valid] terumah. And if he said "It is incumbent on me to take terumah," he takes terumah and [then] calculates [the amount]. [If only] one-sixtieth came into his hand, his terumah is [valid] terumah, and there is no need to add. [But if it is only] one in sixty-one [came into his hand], he needs to add more. Rebbi says, the majority of "one" [part] is like all [of one part] (i.e., one in sixty and two-thirds would be treated like one in sixty-one). How much does he add? Even one to one (i.e., even up to half terumah, see Minchat Bikkurim). Rabban Shimon ben Gamaliel says, his customary amount. Rabbi Yehuda says, he may aggregate terumah taken from the pure on behalf of the impure, and it is not [rendered] medumma, and he is not liable for the [extra] fifth. In what case does this apply? When he intends to take terumah in [the proportion of] one-sixtieth and [only] one in sixty-one came into his hand. But if he said, "It is incumbent on me to take terumah," and then he [takes terumah and] calculates, that is certain terumah [and he need not add more].
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Tosefta Terumot

Said Rabbi Yosei, how do we know that terumah is one in fifty? As it is said (Num. 31:30), "And from the half-share of the Children of Israel you are to take one, withheld from the fifty," [and therefore] even that which I (i.e., God) apportioned to you in another place, behold, just as there it is one in fifty, so too here it is one in fifty. How do we know that if we take terumah and [only] one in sixty come into our hands, that our terumah is [valid] terumah? As it is said (Ezek. 45:13), "This is the contribution you shall make: One-sixth of an ephah from every chomer of wheat and one-sixth of an ephah from every chomer of barley" (an ephah is one-tenth of a chomer, and thus a sixth of an ephah is one sixtieth of a chomer). Rabbi Yishmael [son of Rabbi Yosei] says, it is [derived] from the cities of the Levites. [Note: Per Minchat Bikkurim, Rabbi Yishmael alludes to the proportion of 1 in 30, the approximate ratio of Levites (23,000, see Num. 26:62) to the remaining tribes (601,730, see Num. 26:51) before entering the Land of Israel.]
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Tosefta Terumot

Orlah (fruits in the first three years of growth) and mixed-kinds of the vineyard are lifted up (i.e., neutralized such that they may be consumed) in [mixtures with permissible fruits in proportions of] two hundred and one [to one] (Orl. 2:1). One need not combine them, and thus Rabbi Shimon said, all terumah that the Kohanim are not particular about , there is no need to combine. Terumah, orlah, and mixed-kinds of the vineyard -- if there is an uncertainty, they are permitted. An uncertainty if they were eaten, an uncertainty if they were stolen, an uncertainty if they were lost, an uncertainty if they fell into chullin -- these uncertainties render them permitted.
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Tosefta Terumot

Rabbi Yehuda says, sweet pomegranates are forbidden in any quantity. How so? One of them [designated as terumah] fell inside ten thousand (רבוא) [of chullin], all are forbidden. [Even if] it fell from ten thousand inside another ten thousand, all are forbidden. Rabbi Shimon ben Yehuda says in the name of Rabbi Shimon, [if] one of them fell inside ten thousand, all are forbidden, [but if one] fell from ten thousand inside a third [container of ten thousand], and from the third [container] to another place, [at that point there is a] doubt whether they are forbidden because it is a a doubt regarding a forbidden mixture [which is treated leniently]. Said Rabbi Yehuda ben Bava (per MSS), "I am one of those fit to issue a ruling, and if they were to bring me beet shoots, I say, that they would be lifted up in [a proportion greater than] one hundred and one [to one], and not only that, the Beit Din should issue a ruling that in every case [involving any species, terumah mixed with chullin is] lifted up at one hundred and one [to one]."
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Tosefta Terumot

A liter of dried figs that was pressed into a jar and he did not know which jar he pressed it (Ter. 4:10), [or] he pressed it into a round receptacle and he did not know which round receptacle, [or] he pressed it into a circle of pressed figs and he did not know which circle of pressed figs he pressed it into, Rabbi Eliezer says, we look at the top ones as though they are separated [so that those below can lift up those above]. If there are one hundred and one liters, it will be raised up, and if not, it will not be raised up. Rabbi Yehoshua says, if there are one hundred open vessels they are lifted up, and if not, [all of] the open vessels are forbidden, and those on the sides are permitted, the words of Rabbi Meir. Rabbi Yehuda says, Rabbi Eliezer says, if there is one hundred open vessels, it is lifted up, and if not, [all of] the open vessels are forbidden, and those on the sides are permitted, [and] Rabbi Yehoshua says, even though there were three hundred open vessels there, they do not lift up [dried figs] pressed into a circle of pressed figs. And if he doesn't know which [circle] he pressed it into, everyone agrees that it is lifted up.
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Tosefta Terumot

Likewise, terumah is lifted up from within chullin at one hundred and one to one, whether it is mixed in or whether it is not mixed in. So too, impure [terumah] is lifted up from inside pure [terumah] at one hundred and one to one, whether it is mixed in or whether it is not mixed in. Rabbi Yosei says, when it is mixed in it does not get lifted up, and if it is not mixed in, it does get lifted up. [If terumah] fell inside impure chullin, all agree that it may be lifted up.
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Tosefta Terumot

Terumah gourds that are mixed up with one hundred [times as much] chullin gourds, and so too loaves of showbread that got mixed up with one hundred [times as much] loaves of chullin bread, behold, these may be lifted up. Rabbi Yehuda says, they are not lifted up -- if this loaf touched that loaf it becomes impure, and if it was eaten, it is disqualified. [And if it] becomes disqualified [through contact with] a tevul yom (one with a seminal emission who cleansed himself through ritual immersion later that day), all agree that it may be lifted up.
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Tosefta Terumot

Untithed produce that gets mixed up with chullin, behold, it is forbidden in any amount. If he has another batch [of produce] in a different location, he may take it out according to the calculation, and if not, Rabbi Eliezer ben Arakh says, he designates the terumah of tithes that are inside [the mixture] and he lifts it up at one hundred and one [to one]. And so too with tithes taken from untithed produce that got mixed up with chullin, behold, it is forbidden in any amount. If he has a batch in a different location, he may take it out according to the calculation, and if not Rabbi Eliezer ben Arakh says, he designates the terumah of tithes that are inside [the mixture] and he lifts it up at one hundred and one [to one]. And if it was untithed produce of first tithe or second tithe, behold, it is forbidden, as they did not permit a doubt as to a forbidden mixture except as to something that has permissible factors (i.e., where it is possible that all of the resulting produce may be consumed). Rabbi Shimon says, any matter that has permissible factors, such as untithed produce and second tithe, or consecrated produce, or new produce, the Sages did not provide a fixed measurement [to nullify it]. And any matter that does not have permissible factors, such as orlah and mixed-kinds of the vineyard, the Sages game them a fixed measurement [by which the mixture could be nullified]. They said to him, and what about seventh-year produce that does not have permissible factors but the Sages did not give it a fixed measurement [to be nullified if mixed with other produce]? He said to them, seventh-year produce [mixed with other produce] is not forbidden in any amount, rather it must be removed (biur), but to eat it they did not forbid it except if it imparts taste [to other foods].
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Tosefta Terumot

He had before him two boxes [of terumah], one of wheat and one of barley, and one of them fell [into a larger container of chullin] and one of them got lost, and it is not known which one fell and which one got lost, both of them are permitted.
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Tosefta Terumot

Terumah wine that fell on top of [chullin] wine, and so too terumah oil that fell onto fruits, he may wash them off and they are permitted, and so too [terumah oil that fell] on top of wine, he should let [the oil] coagulate [and then remove it] and the wine is permitted. [If terumah oil] fell onto brine, he lets it coagulate so that he can remove any brine that has the taste of oil in it.
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