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12 [1] It is forbidden to cause the *terumah* of *Eretz Yisrael* to contract ritual impurity, as [is the rule with regard to] other sacred articles. One should not bring it to a state of ritual impurity, nor should one spoil it. Instead, he should partake of pure [*terumah*] and kindle impure *terumah*.
It is permitted to cause *terumah* from the Diaspora to become impure, even with impurity mandated by Scriptural Law. Although it is only ritually impure because of the impurity stemming from the Diaspora which is a Rabbinic decree, [this leniency is granted] because the obligation to separate [such *terumah*] is also of Rabbinic origin. For this reason, a woman may separate *challah* while in the *niddah* state in the Diaspora, for she is cautioned only against eating it, not against touching it, as we explained. [2] If a doubt arose whether *terumah* became impure, it should not be eaten, nor should it be burnt. Instead, one should place it aside until it becomes definitely impure, [at which time,] it should be burnt. There are situations in which doubt has arisen that mandate that *terumah* should be burnt as will be explained with regard to [the laws of] ritual purity and impurity. [3] When a question arises whether a jug of wine has become ritually impure, one should not do anything with it. One should not move it from its place, nor reveal it. Instead, he should leave it in its place until it definitely becomes impure and must be burnt. We are not concerned that perhaps it will be eaten. [4] [The following rules apply when] a jug [of wine that is *terumah* which is pure] is broken in an upper vat and the lower vat [contains ordinary wine that is] impure. If it is possible for a person to save a *revi'it* of wine in a state of purity, he should do so. If not, he should save [the wine] with his hands without washing them even though he imparts ritual impurity [to the *terumah*], as will be explained [in the laws pertaining to] ritual purity. [5] When does the above apply? To a jug of wine, [and then] provided that the contents of the lower vat are less than 100 times the amount [that falls in], in which instance, the *terumah* wine will mix with the ordinary wine and everything will be disqualified. If, however, the lower vat contained 100 times the amount of the jug and thus [the wine that descends] will be nullified because [the mixture] is 101 times the original or the jug contains oil, he should allow it to descend and become impure instead of making it impure with his own hands. [The rationale is that] the entire quantity is fit to use as fuel and there will be no great loss.
Similarly, if a jug of oil is spilling, if it is possible for one to save a *revi'it* of oil in a state of purity, he should do so. If not, he should save it while ritually impure. Since the jug is broken, he is not adjured against saving it in a state of ritual impurity, because he is agitated. [6] [The following laws apply when] one was traveling from place to place, carrying loaves that are *terumah*, and a gentile tells him: "Give me one of them. If not, I will touch all of them and make them ritually impure." He should place one of them on a rock, but he should not place it in his hand so that he will not be a direct cause of the *terumah* becoming ritually impure. [7] [The following laws apply with regard to] *chilbah* and vetch that are *terumah*. Since they are not fit for human consumption, it is permitted to carry out all the actions [connected with their preparation] in a state of ritual impurity. One must be careful only when placing them in the water to soak. For if one placed them in the water to soak while ritually impure, one will have made them ritually impure directly. Once one has soaked them, however, one need not be concerned with ritual impurity at the time one crushes the vetch or when one feeds them to an animal. For this reason, one may give *chilbah* and vetch that are *terumah* to a priest who is a common person. [8] We do not entrust *terumah* to a priest who is an unlearned person, because he is easygoing about it and may partake of it. We may, however, entrust [*terumah*] to an unlearned Israelite if it is stored in an earthenware container sealed with a wrapper, provided it is not produce that is already made fit to contract ritual impurity. [This is] a decree lest it be moved by his wife while she is in the *nidah* state. [9] We do not separate *terumah* from olives in a state of ritual purity for an unlearned person. We may, however, prepare ordinary olives for him in a state of ritual purity. [This leniency was granted] so that the operator of the vat could earn his livelihood.
How should this process be carried out? He should separate an amount of produce sufficient for *terumah* and place it in a utensil that cannot contract ritual impurity, e.g., a stone utensil. When the unlearned person comes to take the ordinary produce and the *terumah*, we tell him: "Be careful not to touch the *terumah*. Otherwise, the produce will become *tevel* again." [10] When an Israelite performs the tasks associated with the preparation of his produce while ritually impure, we should not harvest grapes with him. Needless to say, we should not tread the grapes with him, because the *terumah* will be made ritually impure. One may, however, carry barrels to and from the vat for him. [11] When olives and grapes have become ritually impure, we may squeeze them and separate *terumah* [from the oil or wine]. If [grapes or the olives] became impure after they themselves were designated as *terumah*, they should be squeezed [using] less than an egg-sized portion at a time. In such an instance, the liquid that flows from them is permitted to be drunk by the priests. Indeed, it would be fit to be used for libations on the altar. [The rationale is that] the liquid is considered as set aside within the fruit. The reason that [our Sages] spoke of less than an egg-sized portion is that this is a decree lest one use more than an egg-sized portion and the liquid become impure because of [contact with] the egg-sized portion.
If the produce was impure to the third degree, one may tread upon it in the vat and the liquid produced from it can be used for pure *terumah*. [The rationale is that] ritual impurity of the third degree does not bring about ritual impurity of the fourth degree with regard to *terumah*, as will be explained with regard to the concept of ritual purity. [12] When a loaf of bread that is *terumah* becomes impure, it should be discarded among the firewood until one uses it for fuel. Similarly, if oil [that is *terumah*] becomes impure, it should be placed in a repugnant container until it is used as fuel so that it will not create a stumbling block for others, [lest] they partake of it.
When wheat [kernels] become impure, one should parboil them and place them in a repugnant container until they are no longer fit to be eaten and then use them as fuel for an oven or range. Liquids that are not fit to be used as fuel, e.g., wine, should be buried. [13] When wine that is *terumah* is left uncovered, since it is forbidden to drink it, it should be poured out. Similarly, figs, grapes, marrow, squash, watermelon, and cucumbers that are *terumah* that were discovered to be perforated are forbidden to be eaten because of the mortal danger involved. What should be done with them? They should be discarded in the sea or buried. [14] When a dough was kneaded with water that was left uncovered, it should be burnt even though it is *terumah*. [15] It is forbidden for a priest to take *terumah* or any other of the presents given to him until they were separated by the owners [of the produce], as [implied by the verses, Numbers 18:12]: "The first [of the produce] which they will give to God I have given to you" and [*ibid.*:19]: "...that the children of Israel will offer up to God are given to you." [Implied is that] the children of Israel must offer it up and then [the priests] can acquire it.
[The priests] should not take [these presents] after they have been set aside except with the knowledge of the owners. For the owners have the right to give them to any priest that they desire, as [*ibid.* 5:10] states: "A person's sacraments will belong to him." [Nevertheless,] if [a priest] takes them without the owner's knowledge, he acquires them. For all that belongs to the owner is the right to apportion them and that right is not financially significant. [16] When *terumah* was given to a priest and he found other entities in it, it is forbidden for him [to take them]. This is comparable to theft, for perhaps other people placed them [in the *terumah*] to take them [afterwards]. [17] An Israelite is not required to trouble himself with *terumah* and bring it from the granary until a city or from a desert until a settled area. Instead, the priests should go out to the granaries and the Israelites should give them their portions there. If they did not go out [to collect the *terumah*, the owner] should separate it and leave it in the granary. Our Sages ordained that if there are beasts or animals who would eat it there and it is not protected from them, [the owner] should take the trouble of dealing with it and bringing it to the city. He may collect a wage for bringing it [to the city] from the priest. [This is done,] because if he separated it and left it for the animals and beasts, God's name would be desecrated. [18] It is forbidden for the priests and the Levites to assist [farmers] in the granaries in order to receive the agricultural presents given them. Whoever renders such assistance desecrates the holiness of God's name. Concerning such people is applied [the malediction, Malachi 2:8]: "You have defiled the covenant of Levi." It is forbidden for an Israelite to allow [a priest] to help him. Instead, he should grant them their portion with honor. [19] When a person gives *terumah* to a priest on the condition that he returns it, he has fulfilled his obligation to give. It is, however, forbidden to do so, for [the priest] is considered like one who helps in the granaries. Similarly, it is forbidden for [the priests] to seize the *terumot* and the tithes. It is even forbidden for them to make a verbal request for them. Instead, they should take them with honor, for they are eating and drinking from the table of God. These presents are given to Him and He apportioned them to them, as [Numbers 18:8] states: "Behold I have given to you the safeguard of My *terumah*." [20] A person should not give *terumah* to the watchman of his vat, nor a firstborn animal to the watchman of his flock, nor the presents [given when an animal is slaughtered] to the shepherd of his animals. If he gave them [to these individuals], he desecrated [their honor] unless he gave them their wages for watching first.
One Israelite may tell another Israelite: "Here is a *sela*. Give *terumah*...", "...a firstborn...", or other presents [given to the priests] "...to so-and-so, the priest, who is my daughter's son, or "...my sister's son," or the like. [21] When does the above apply? When the owner desired to give [the presents] to one of two priests or [tithes] to one of two Levites gratis and his colleague told him: "Here is this and give to that one." If, however, an owner told a priest or a Levite: "Here is this portion. [Give me something in exchange] for my privilege to give it to whom I want," this is forbidden. Similarly, it is forbidden to sell *terumah* as merchandise even though he purchases it from a priest and sells it to a priest. [22] There are ten individuals to whom *terumah* is not given in the granaries even though they may partake of it or grant others the right to partake of it:
a deaf-mute, an intellectually or emotionally unstable person, or a child who does not know how to spread out his hands to recite the priestly blessing, these [are not given *terumah*], because they lack sufficient knowledge;
a *tumtum* and an *androgynus*, because they are unique types of people;
a servant, lest passersby in the field [see him taking *terumah*] and give testimony that he is a priest;
an uncircumcised person and a ritually impure person, because they are abhorrent;
a woman [married to a priest], lest she be divorced and [to prevent her from] entering into seclusion [with someone in the granary]; and
a person who marries a woman who is not appropriate for him; he was penalized in that [*terumah*] would not be allocated to him in the granaries until he divorces her.
In all the above instances, [*terumah*] may be sent to their homes and allocated to them as is the law regarding other sacramental foods dependent on the boundaries [of *Eretz Yisrael*] with the exception of a person who marries a woman who is not appropriate for him, an uncircumcised person and a ritually impure person, to whom [*terumah*] is not sent at all.
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