Commento su Terumot 7:2
בַּת כֹּהֵן שֶׁנִּשֵּׂאת לְיִשְׂרָאֵל וְאַחַר כָּךְ אָכְלָה תְרוּמָה, מְשַׁלֶּמֶת אֶת הַקֶּרֶן וְאֵינָהּ מְשַׁלֶּמֶת אֶת הַחֹמֶשׁ, וּמִיתָתָהּ בִּשְׂרֵפָה. נִשֵּׂאת לְאֶחָד מִכָּל הַפְּסוּלִין, מְשַׁלֶּמֶת קֶרֶן וְחֹמֶשׁ, וּמִיתָתָהּ בְּחֶנֶק, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, זוֹ וָזוֹ מְשַׁלְּמוֹת אֶת הַקֶּרֶן וְאֵינָן מְשַׁלְּמוֹת אֶת הַחֹמֶשׁ, וּמִיתָתָן בִּשְׂרֵפָה:
Una figlia di un prete che ha sposato un israelita e successivamente ha mangiato Terumah , deve pagare il valore principale ma non paga il quinto [aggiuntivo]. La sua morte [pena se commette adulterio] è bruciata. Se ha sposato una delle persone non ammissibili [per sposare una figlia di un prete], deve pagare il valore principale e il quinto, e la sua morte [pena] è per strangolamento. Queste sono le parole del rabbino Meir. I saggi affermano che entrambi i casi devono pagare il valore principale ma non pagare il quinto, e le loro morti sono bruciate.
Bartenura on Mishnah Terumot
בת כהן שנשאת לישראל – and she is forbidden to consume heave-offering.
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English Explanation of Mishnah Terumot
Introduction
This mishnah deals with the special status of the daughter of a priest who marries an Israelite, the question being to what extent has her status changed? Does she retain her genealogical status as the daughter of a priest?
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Bartenura on Mishnah Terumot
משלמת את הקרן – according to the law of someone who steals from his neighbor, but not the added fifth, for she is the daughter of a Kohen, as it is written (Leviticus 22:10): “No lay person shall eat of the sacred donations,” excluding this one who is not a foreigner (for after all, she is the daughter of a Kohen), and it is possible for her that she will return to the house of her father like in her youth (i.e., if she is divorced by her husband, for example) and she would be permitted to eat heave-offering.
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English Explanation of Mishnah Terumot
If the daughter of a priest married an Israelite and afterwards ate terumah, she must repay the value but not the fifth, and her death-penalty [for adultery] is by burning. The daughter of a priest who marries an Israelite loses the right to eat terumah (see Leviticus 22:12.) If she unwittingly eats terumah, while she does have to repay the value of the terumah she ate, she does not pay the added fifth, as would a regular Israelite who unwittingly ate terumah. The Torah states, “Any foreigner (zar) may not eat it and a person who does eat kodesh (terumah) unwittingly must pay an added fifth.” According to rabbinic interpretation, the word “foreigner” implies non-priest, but only a person who was never allowed to eat terumah. One who was once allowed to eat terumah but now may not is not included in this verse and therefore she does not pay the added fifth. It seems to me that this mishnah also expresses the opinion that although a daughter of a priest who marries an Israelite loses her status as a daughter of a priest, some of her genealogical heritage stays with her. The daughter of a priest who commits adultery is punished with the execution of burning (see Leviticus 21:9), unlike a regular Israelite who is punished with strangulation for committing adultery. Our mishnah teaches that this punishment applies to the daughter of a priest even if she marries an Israelite. Again, she retains her genealogical identity.
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Bartenura on Mishnah Terumot
ומיתתה בשריפה – if she ran about as a prostitute underneath her Israelite husband, as it is written (Leviticus 21:9): “When the daughter of a priest defiles herself through harlotry, [it is her father whom she defiles; she shall be put to the fire],” as long as she is the daughter of a Kohen, it doesn’t matter whether the wife of a Kohen nor the wife of an Israelite, she is [put to death] through burning by fire.
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English Explanation of Mishnah Terumot
If she married any of those disqualified [from marrying her], she must pay back both the value and the fifth, and her death-penalty [for adultery] is by strangling, the words of Rabbi Meir. In this case the daughter of the priest marries a man who was himself disqualified from eating terumah, such as a mamzer or a disqualified priest (halal) and thereby she herself becomes disqualified from eating terumah, even if he dies and she goes back to her father’s house. According to Rabbi Meir, this girl has now lost her genealogical status as the daughter of a priest and she is treated as a regular Israelite. If she eats terumah she must pay back the value of that which she ate plus the added fifth and if she commits adultery she is punished by strangulation, which is the normal execution for adultery.
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Bartenura on Mishnah Terumot
נשאת לאחד מכל הפסולים – as, for example, one unfit for the priesthood on account of his father’s illegitimate connection/חלל, a descendant of the Gibeonites/נתין and an illegitimate child/ממזר, pays the principle and an added fifth, for she became degraded/desecrated through his sexual union [with her] and she is not worthy any longer to consume heave-offering, and behold, she is like a foreign woman.
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English Explanation of Mishnah Terumot
But the sages say: in either case, she repays the value but not the fifth, and the death penalty is by burning. The other rabbis disagree with Rabbi Meir and hold that even if she marries someone who is disqualified, she still retains her status as a priest’s daughter and she still does not pay the added fifth, and her death penalty for adultery is burning.
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Bartenura on Mishnah Terumot
ומיתתה בחנק – as it is written (Leviicus 21:9): “When the daughter of a priest defiles herself though harlotry.” Whomever is worthy of returning to her father’s house, if it were not for this prostitution, she [would be punished] by fire/burning, excluding if she had sexual intercourse with someone who is unfit for her where she is not worthy to return to her father’s house, for this is not [punishable] through burning.
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Bartenura on Mishnah Terumot
וחכמים אומרים כוכ' – for she is not a “foreign woman” until she is a foreigner from her beginning until her hend, and this since she has already eaten heave-offering, she does not pay the added firth.
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Bartenura on Mishnah Terumot
ומיתתה בשריפה – “when the daughter of a priest” (Leviticus 21:9) is written, anyway. And he Halakha is according to the Sages.
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