Komentarz do Terumot 1:1

חמשה לא יתרומו – A number to exclude that which Rabbi Yehuda says further on (Mishnah 3), “A minor who did not bring forth two [pubic] hairs, his [separation of] heave-offering/Terumah/priest’s due is not a heave-offering, which tells us that his [separation of] heave-offering is not Terumah (the 2% initial sacred gift that one gives to the Kohen).

Introduction The first mishnah in Terumot deals with who may separate terumah from a person’s produce such that the separation is considered valid. We shall see that there are several important principles that make one qualified to separate terumah.

החרש והשוטה והקטן – All of them are derived from one Biblical verse, as it is written (Exodus 25:2): “Tell the Israelite people to bring Me gifts; [you shall accept for Me] from every person whose heart so moves him.” [The words] "אל בני ישראל" /”to the Israelite people” -except for a heathen; [the words] מאת כל איש/“from every person” – except for a minor; [the words] "אשר ידבנו לבו"/”whose heart so moves him” – except for a deaf-mute and imbecile, who lack the temperament to be able to donate. And a minor is not able [even] to do a little, from [the words] "אשר ידבנו לבו"/”whose heart so moves him,” for there is a minor who arrived at the season of taking vows, who has the temperament to be able to donate. [The words] "וזאת התרומה אשר תקחו מאתם"/”And these are the gifts that you shall accept from them” (verse 3), excluding to the person who donates what is not his. And the “imbecile”- who loses what they give him is called an imbecile/"שוטה".

Five may not give terumah, and if they do so, their terumah is not considered terumah:
A heresh (deaf-; an imbecile, a minor, According to the rabbis, the deaf-mute, the imbecile (who is either mentally retarded or crazy) and the minor all lack legal liability for their actions. In Hebrew they say that they do not have “da’at” which I usually translate as “awareness” of the consequences of their actions. I should stress that in the ancient world, sign language as we know it did not exist and this made it basically impossible to educate and even communicate with a deaf-mute. Sign language and the incorporation of the deaf into society is a relatively recent development. Since these people lack legal awareness of the consequences of their action, they cannot declare something to be terumah, even if it belongs to them.

אפילו ברשות – [even with the permission] of a Jew as an Israelite made him his agent to give Terumah/the heave-offering, his donation of Terumah is not a donation, as it is written (Numbers 18:28) “So shall you on your part set aside a gift [for the LORD from all the tithes that you receive from the Israelites]…” – also to include your agents. Just as you are members of the covenant, so also your agents [must be] members of the covenant (“Jews”).

And the one who gives terumah from that which is not his own. The produce must belong to the person who separates the terumah from it.

If a non-Jew gave terumah from that which belongs to an Israelite, even if it was with his permission, his terumah is not terumah. A non-Jew cannot separate terumah, even if the Israelite gave him permission to do so. This implies that if a Jew gave permission to another Jew to separate terumah, he can do so. A non-Jew cannot because he himself is not obligated in the laws of terumah.