Mishnah
Mishnah

Talmud sobre Terumot 3:5

הָאוֹמֵר, תְּרוּמַת הַכְּרִי זֶה בְּתוֹכוֹ, וּמַעַשְׂרוֹתָיו בְּתוֹכוֹ, תְּרוּמַת מַעֲשֵׂר זֶה בְּתוֹכוֹ, רַבִּי שִׁמְעוֹן אוֹמֵר, קָרָא שֵׁם. וַחֲכָמִים אוֹמְרִים, עַד שֶׁיֹּאמַר בִּצְפוֹנוֹ אוֹ בִדְרוֹמוֹ. רַבִּי אֶלְעָזָר חִסְמָא אוֹמֵר, הָאוֹמֵר, תְּרוּמַת הַכְּרִי מִמֶּנּוּ עָלָיו, קָרָא שֵׁם. רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר, הָאוֹמֵר, עִשּׂוּר מַעֲשֵׂר זֶה עָשׂוּי תְּרוּמַת מַעֲשֵׂר עָלָיו, קָרָא שֵׁם:

Se alguém disser: “O Terumah desta pilha está dentro dela” ou “seus dízimos estão dentro dela” ou “o Terumat Ma'aser [uma parte dos dízimos que são dados ao sacerdote] está dentro dela, O rabino Shimon diz: ele a designou [como Terumah , dízimos ou Terumat Ma'aser ]. Mas os Sábios dizem: não, a menos que ele diga: "É no norte ou no sul dela". O rabino Elazar Chisma diz: se alguém disser: “O Terumah desta pilha é tirado dela”, ele [assim] o designou. O rabino Eliezer ben Yaakov diz: se alguém disser: “A décima parte desse dízimo é transformada em Terumat Ma'aser ”, ele o designou.

Jerusalem Talmud Demai

HALAKHAH: 131In the Venice print, Halakhah 8.: Rebbi Simeon ben Laqish said, one has to specify a stipulation and say: If ṭevel is in my hands, it shall be tithe, but if tithe is in my hands, it shall be heave of the tithe132This refers to the case where ṭevel and tithe were mixed together and one takes 101 parts for the ṭevel of which the one part in excess is to be addititional heave of the tithe. Rebbi Simeon ben Laqish states that heave can only be taken if it is specified from where it is to be taken. In our case, heave of the tithe can only be taken if the produce was first designated to be tithe. Hence, it is necessary to stipulate that it should be designated tithe if part of the grain originated from what was ṭevel.. Rebbi Jonah said, one has to add the converse stipulation and say, otherwise I did not do anything133R. Jonah’s remark is a technicality. Since the rules of stipulations in Jewish law are derived from the stipulation Moses made with the tribes of Gad and Reuben (Num.32:29–30) in which it was spelled out first what would happen if the conditions were met and second what would happen if they were not, any stipulation in Jewish law is valid only if it is formulated both in the positive and the negative sense. So R. Jonah simply means that the stipulation has to be legally valid.. Rebbi Joḥanan said, one does not have to add the converse stipulation134One does not need a stipulation at all; a simple declaration is sufficient.. Either one of them follows his own opinion, since they disagreed135In Terumot, Chap. 3. The obligation of heave starts when grain, after threshing, is formed into heaps or put into a silo. If somebody has two heaps and he says, the heave of both heaps should be in one of them, without specifying in which one, then R. Joḥanan is of the opinion that both heaps are potentially profane mixed with heave, and both of them fall under the strict rules of dema‘ until heave is taken. But R. Simeon ben Laqish holds that heave can only be taken from a designated spot; hence, the declaration is invalid and nothing has changed. It follows that, in our case, R. Simeon ben Laqish must require a declaration which fixes the exact part from which heave of the tithe may be taken, but R. Joḥanan holds that any produce that is potentially heave may be turned into heave by simple declaration.: Two heaps of grain, in one of them. Rebbi Joḥanan said, they are both forbidden as dema‘, but Rebbi Simeon ben Laqish said, they are not forbidden.
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