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Mishneh Torah, Heave Offerings 11

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Sefer Zeraim

11 β€Ž[1] *Terumah* may be used for eating, drinking, and smearing upon oneself, for smearing upon oneself is equivalent to drinking, as [indicated by Psalms 109:18]: "It has entered his innards like water and like oil into his bones." And drinking is like eating.

[One should] eat a substance fit to be eaten, drink a substance fit to be drunk, and smear a substance fit to be smeared. One should not smear wine and vinegar. One may, however, smear oneself with pure oil and may kindle impure oil. It is referred to as oil [fit for] burning universally. β€Ž[2] It is permitted to compress dates that are *terumah* and collect them as a cake of dried dates. It is, however, forbidden to make them into beer. [For the same reason,] we do not make dates into honey, nor apples, wine, nor fall produce into vinegar. Similarly, with regard to other produce, we do not change them from their natural state if they are *terumah*; the only exceptions are olives and grapes.

If one transgressed and made food into a beverage, one should drink it. When a non-priest partakes of date-honey, apple-wine, or the like that is *terumah* inadvertently, he is not liable to make restitution. If he partook [of such products] intentionally, he should be given stripes for rebellious conduct. β€Ž[3] We may not place dried dates and dried figs [that are *terumah*] into brine. One may, however, place wine in brine. We do not place fragrant herbs in oil, because doing so removes it from the category of food and makes it oil for smearing. One may mix wine, honey, pepper, and the like, in order to partake of them. β€Ž[4] We do not boil wine that is *terumah*, because this reduces its quantity. We do not pickle onions that are *terumah* in vinegar that is *terumah*, because this spoils the vinegar.

We do not mix grain with legumes. All substances that become distinct from each other when they are sorted through a sieve may be mixed together. When the land of Judah was laid waste, [the people] began mixing one type of grain with another and one type of legumes with another. They did not, however, [mix] grain with legumes. β€Ž[5] In the same way as ordinary flour is sifted, so too, a priest [sifts flour] that is *terumah*. He sifts [what is fit] to eat and discards the bran. If he desires to make fine flour, he should sift it many times until he produces a *kab* or two *kabbim* from a *se'ah*. He should not discard the remainder, because it is fit to be eaten. Instead, he should place it in a private place. β€Ž[6] Oil that is *terumah* should not be used to seal an oven or a range, nor should it be smeared on a shoe or sandal. Nor should one smear it on his foot while [the foot] is in a shoe or sandal. He may, however, smear [oil that is *terumah*] on his foot and put on a shoe or smear his entire body and then roll on a new leather mat. Even though they will be smeared, he need not show concern. He should not, however, place oil on a marble tablet to roll upon because he causes it to be ruined. β€Ž[7] Whenever anyone partakes of *terumah* - even fruit - he must wash his hands [before doing so. This applies] even if his hands are pure, as will be explained in the appropriate place. It may not be eaten on a table at which a non-priest [is dining; this is] a decree lest he partake of it. *Terumah* from the Diaspora may be eaten on a table at which a non-priest [is dining] and, like ordinary food, does not require that one wash his hands before partaking of it.

We do not smear oil that is *terumah* with soiled hands. If, however, [such oil] fell on his flesh, he can rub it with soiled hands. One may apply oil that is *terumah* to an infant during the seven days after he was born [even though he is uncircumcised]. For a newborn is not considered as uncircumcised for the first seven days [of his life]. β€Ž[8] A priest may smear oil that is *terumah* on himself and then bring his daughter's son who is an Israelite and roll him on his back. If he smears oil [that is *terumah*] on his body and enters a bathhouse, a non-priest may massage him in the bathhouse even though [the oil] will be applied to him. β€Ž[9] When the daughter of a priest applied *chilbah* which is *terumah* to her hair, an Israelite woman is not permitted to apply [the remaining chilbah] to [her hair]. She may, however, rub her hair together with the hair [of the daughter of the priest].

Why were priests given permission to apply *chilbah* which is *terumah* to their hair? Because it is not fit for human consumption [as food]. β€Ž[10] The stems of figs, dried figs, wild figs, carobs, the insides of melons, the peels of melons, *esrogim*, and cucumbers even if they do not contain any food, and the extremities of the vegetables that are discarded by homeowners [when preparing vegetables], are forbidden to non-priests. The extremities of the vegetables that are cut off by gardeners, by contrast, are permitted to non-priests.

The casings of beans and sesame seeds are forbidden if they contain food. If they do not contain food, they are permitted. β€Ž[11] The seeds of *esrogim* are permitted to be eaten. The seeds of olives, dates, and carobs, [by contrast,] even though they were not collected by a priest, are forbidden to a non-priest. With regard to other seeds, [the rule is]: If they were collected and have moisture, so that they can be sucked, they are forbidden to a non-priest. If they were discarded, they are permitted. β€Ž[12] Bran from wheat: Fresh bran is forbidden, for it is fit to be eaten by humans. Aged bran is permitted. Until when is the bran considered fresh? For the entire time that people are accustomed to beat the grain at the granaries. β€Ž[13] Lower quality and slight rotten kernels of grain that are *terumah* are forbidden. If they already produce dust, they are permitted. When one pours water over dregs [of grapes] that are *terumah*, the first and second batches are forbidden to non-priests, but the third is permitted. If one does not pour water over them, but instead, strains off the wine from the seeds, even the third straining is forbidden to non-priests. β€Ž[14] When one has cleared the kernels of wheat that are *terumah* from a grainheap, we do not require the owner to sit and collect the [leftover] kernels one by one and [only after collecting them] bring ordinary grain there. Instead, he may sweep the area in the ordinary manner, and then bring ordinary grain there. Similarly, when a jug of oil that is *terumah* spills, we don't require [the owner] to sponge it up until [the earth] is dry. Instead, he may conduct himself as he does with ordinary [oil]. β€Ž[15] When a person pours out oil that is *terumah* from a jug, he should continue to pour until the stream [of oil] ceases and the oil begins to drip, little by little. Once three drops have dropped one after the other, it is sufficient. It is permitted to place ordinary oil in that jug. If, however, he did not place ordinary oil and leaned the jug on its side until the remnants [of the oil] collected together, those remnants are *terumah*. β€Ž[16] A priest may fill a lamp with oil fit to be burnt and give it to an Israelite to ascend to a loft and enter a room to perform tasks on behalf of a priest, but not for the sake of an Israelite. If they were partners, it is permitted. β€Ž[17] When an Israelite was a guest at a priest's [home] and the priest kindled oil fit to be burnt for him and then departed, he is not required to extinguish [the lamp] until it burns out on its own. An Israelite may dip a wick in the lamp of a priest and kindle it so that he may proceed [using] it. β€Ž[18] When livestock belonging to a priest was standing next to livestock belonging to an Israelite or when garments belonging to a priest were being woven next to garments belonging to an Israelite, oil that is fit for burning may be kindled because of them without the permission of the priest.

Similarly, we can light oil that is fit to be burnt in synagogues, houses of study, and dark alleyways without the permission of a priest. And a person who does not have ordinary oil to kindle a Chanukah lamp may kindle oil that is fit to be burnt without permission of a priest. We may kindle oil that is fit to be burnt above [the bed of] a sick person with the permission of a priest. β€Ž[19] When a daughter of an Israelite who is married to a priest frequently visits her father, he may light [such oil] with her permission. It is permitted for a priest to kindle oil fit to be burnt in a house of mourning or at a wedding celebration even though a multitude of people are present. We do not suspect that the people will partake of it. At a wedding celebration, [this will not take place] because they will not touch it because of their garments are clean, and in a house of mourning, the people will not feel free to do so because of their mourning. β€Ž[20] When a person sows *terumah* unknowingly, he should turn it over. If he did so intentionally, he must maintain [the crop]. Once it reaches a third of its growth, whether he sowed it intentionally or unknowingly, he must maintain [the crop]. If it was flax, even if it reached a third of its growth and even if he sowed it intentionally, he must turn it over. This is a penalty so that he should not sow it with the intention of benefiting from its fibers. β€Ž[21] Produce that grows from *terumah* is considered as ordinary produce with regard to all matters except that it is forbidden to non-priests. Our Sages decreed that it be forbidden to non-priests like *terumah* [as a safeguard], lest a priest maintain possession of impure *terumah* with the intent of sowing it and producing [a crop of] ordinary produce and this lead to undesirable consequences. Therefore, it is permitted to eat the products [of such plantings] with impure hands and a person who has immersed himself that day may partake of them like ordinary produce. β€Ž[22] Produce grown from produce grown [from *terumah*] are like ordinary produce with regard to all matters. [This applies] even to types of produce whose seeds do not decompose provided the new growth exceeds the root in the second generation of produce. [In such a situation,] the new growth elevates the root even if the seed does not decompose and the entire [plant] is permitted to be eaten by non-priests.

The same applies with regard to [produce that grows from] *terumah* from the Diaspora, *terumah* mixed with ordinary produce, extra *terumah*, or seeds from garden vegetables that are not eaten themselves, e.g., turnips and radishes. Although the turnips and radishes themselves are *terumah*, [the produce] growing from their [seeds] is like ordinary produce with regard to all matters.Similarly, when a person sows flaxseed that is *terumah*, the plants growing from it are permitted to non-priests. β€Ž[23] When a person sows *terumah* that is impure, even though the produce that grows is ritually pure, it is forbidden to partake of it. [The rationale is that] since the *terumah* that was sown was forbidden to be eaten, it was already cast off. [Hence, it remains forbidden]. β€Ž[24] If he cut off the leaves that grew and then another set of leaves grew and he cut them off, the produce that emerge afterwards is permitted to be eaten. β€Ž[25] When plants of ordinary produce became impure and afterwards, they were sown and designated as *terumah*, they are permitted [to be eaten. The rationale is that] sowing them caused them to be considered pure and they did not become impure while they were *terumah* so that they would be forbidden. β€Ž[26] When a stalk [of grain] was in the midst of a grain heap and one straightened the edges of the grain heap, this stalk is considered *tevel*, because it was in the grain heap when it was straightened. If [that stalk] was planted, and then it was singled out and designated as *terumah*, there is an unresolved question if it is *terumah*. Since it was planted, it is possible to say that it was released from the categorization as *tevel* and is considered as produce for which all the required work was not completed.

If, however, it was designated as *terumah* before it was planted, it is *terumah*. Therefore if one ripped off [a portion] of it and ate it willfully, he is liable for death [at the hand of heaven]. If he did so unknowingly, he must [make restitution and add] a fifth. If he bent over and ate from the ground with his mouth, his intent is of no consequence because of the approach of people at large [and] it is not the ordinary practice for people to eat in this manner. Therefore he is not liable for death, nor for the [additional] fifth if he acted unknowingly. β€Ž[27] The obligations of *leket, shichichah, pe'ah, terumah* the tithes and the tithe given to the poor apply with regard to a field of produce that grew from *terumah*. Poor Israelites and poor priests come and take these presents. The poor priests eat those that they acquire. The poor Israelites sell theirs to the priests for the price of *terumah*. Similarly, a Levite must sell his tithes to a priest. β€Ž[28] A person who crushes such produce is praiseworthy. When a person threshes it with an animal, what should he do? He should tie a bucket around the animals neck and place the type of grain it is threshing in it. Thus he will neither be muzzling the animal, nor feeding it *terumah*.

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Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007

Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI

License: CC-BY-NC

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