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Mishneh Torah, Heave Offerings 14

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Sefer Zeraim

14 β€Ž[1] [The following laws apply when] there were fifty dark figs and fifty light figs and one fig that is *terumah* fell among them. If it was light, the dark figs are permitted and the light figs are considered *miduma*. If it was dark, the dark figs are *miduma* and the light figs are permitted. If it is not known whether it was light or dark, it can be nullified when the mixture is 101 times [the weight of] the original fig. If he knew what type of fig it was but forgot, they are all considered *miduma*. β€Ž[2] Similar laws apply when there are cakes of pressed figs or blocks of pressed figs and a cake or block of [figs that are] *terumah* falls among them. If it is not known whether the one which fell in was a block or a cake, the cakes and the blocks are combined and the *terumah* can be nullified if their [combined weight] is 101 times that of the *terumah*. [Similarly,] when there are large cakes of figs and small ones and a cake of figs [that is *terumah*] falls among them, but it is not known whether the cake which fell in was large or small, [the existing cakes] can nullify the one which fell in whether by weight or by number.

What is implied? A cake [of figs] fell into a mixture of 100 other cakes, both large and small. We assume that a small cake fell in and one may remove one of the small cakes. If a cake fell into 40 cakes, 20 of them weighing four *litra* each and 20 of them, weighing one *litra* each, since the combined weight is 101 *litra*, we assume a small one fell in and remove one of the small ones. β€Ž[3] Flour and finely sifted flour cannot be combined together to nullify *terumah*. β€Ž[4] When a *se'ah* of wheat which is *terumah* falls on the mouth of the storage vat of wheat, we do not measure it against the 101 times [its weight or ordinary grain found] in the storage vat. For we do not make such an assessment unless the *terumah* has been mixed with the ordinary produce or we do not know where the *terumah* fell.

What should be done? We consider the *terumah* as if it is wheat placed above barley and separate the *terumah* itself which fell unto the storage vat with some of the ordinary produce upon which they fell as one would be collecting wheat from barley. β€Ž[5] [The following laws apply when] there are two containers or two storage vats and *terumah* fell into one of them. It became mixed with [the contents of the container or storage vat] and it is not known which one it fell into. If the two storage vats were in the same building, they are considered as if they were combined and the *terumah* is nullified if the entire quantity is 101 times its weight. It is as if they were both contained in a single storage vat. Moreover, the containers are considered as combined together even if they are in two separate buildings, for it is possible to gather the two in one building. If, however, the two containers were in two cities, they are not combined. β€Ž[6] How should he remove the *se'ah* which fell in? If he desires to remove it from one of them, he may. If he desires to remove half from one and half from the other, he may.

[The following laws apply when] there are jugs filled with dried figs that are ordinary produce and [the owner] pressed a *litra* of figs that are *terumah* into the opening of one of them, but he does not remember which one. If there are 101 jugs, the *terumah* is considered nullified. He should take one jug and sell it to a priest except for the worth of the *litra* [of *terumah*] and the remainder [of the jugs] are permitted. If there are less than 100 jugs, [the figs at] the openings [of the jugs] are considered *miduma* and those at the bottom are permitted. β€Ž[7] Similar laws apply if one pressed [a *litra* of] figs into the opening of a *kaveret*or into the top of a cake. If he pressed them onto the top of a cake, but does not know whether he pressed them onto the northern portion [of the cake] or its southern portion, nor does he know which cake he pressed them onto, we look at all the figs as if they were separate entities and [the figs that are *terumah*] should be nullified based on weight. If all the cakes weigh 100 *litra*, the *terumah* is nullified provided each of the cakes weighs more than two *litra* so that in each cake, the *terumah* is nullified because there is a majority of ordinary produce. The rationale is that when there is a doubt concerning the presence of *terumah*, it is nullified when there is a majority of ordinary produce. β€Ž[8] When *terumah* is definitely [present in a mixture], it is forbidden if the mixture is 100 [or less times its weight]. If there is merely a doubt concerning the presence of *terumah*, it is forbidden if there are only fifty. It is permitted only if one adds a majority [of the new mixture]. If there are more than fifty, one need not add such a majority.

What is implied? One fig that is *terumah* fell into 99 figs and they are all present. They are all forbidden to non-priests, as explained. β€Ž[9] If, [after a fig that is *terumah* fell into 50 other figs, and then] one of the mixture becomes lost, it is possible that one of the ordinary figs was the one that was lost, but it is possible that it was the fig that fell in. Hence, the mixture is forbidden until one adds ordinary produce to it from another source, adding 51 figs to the entire quantity. If one fig fell into 51 figs and one of the mixture was lost, the remainder is permitted to non-priests. β€Ž[10] [The following rules apply when] a *se'ah* of *terumah* fell into less than 100 *se'ah* of the first tithe from which *terumat ma'aser* was not separated or into [produce from] the second tithe or consecrated property that was not redeemed and the entire mixture became *miduma*. If [the *terumah*] fell into the first tithe, the *terumat ma'aser* should be designated, and the entire mixture sold to the priests with the exception of the worth of the *terumah* that fell into it and the worth of the *terumat ma'aser*. If it fell into [produce from] the second tithe or consecrated property that was not redeemed, they should be redeemed and then sold to a priest with the exception of the worth of the *terumah*. β€Ž[11] When a *se'ah* of impure *terumah* falls into less than 100 *se'ah* of ordinary produce or into produce that is from the first tithe, or from the second tithe, or from consecrated property - whether [the latter three] are ritually pure or ritually impure - [the mixture] is *miduma*. Hence, the entire mixture is like impure *terumah* which is forbidden to everyone. Thus it is all forbidden and must be left until it rots.

When does the above apply? With regard to an entity that is not eaten raw. When, by contrast, it is normal practice to partake of a type of produce uncooked, one should not set them aside lest someone encounter them and partake of it. Instead, the entire mixture should be used as fuel, like impure *terumah* is used as fuel. β€Ž[12] When a *se'ah* of pure *terumah* falls into less than 100 *se'ah* of ordinary produce that is impure, the entire mixture should be sold to a priest with the exception of the worth of the *terumah*. The priest should eat this mixture which is *miduma* as roasted kernels or he should make them into a dough using fruit juice which does not render produce fit to contract impurity, so that [contact with] the impure ordinary produce will not render the *terumah* as impure.

Alternatively, he should make this mixture that is *miduma* into a dough that is less than the size of an egg. [This is beneficial], because impure food does not cause other food to become impure until [the impure food] is the size of an egg. Or he may divide the mixture that is *miduma* and place a portion of it that is less than the size of an egg in each dough so that the *terumah* in it will not become impure. β€Ž[13] When a *se'ah* of impure *terumah* falls into 100 *se'ah* of ordinary produce that is pure or a *se'ah* of pure *terumah* falls into 100 *se'ah* of ordinary produce that is impure, it should be removed and the *terumah* is nullified, because the new mixture is 101 times [the size of the *terumah* that fell in. That *se'ah*] should be eaten as roasted kernels, or it should be made into dough with fruit juice, or into dough that is less than the size of an egg. [The rationale is that] the *se'ah* which fell in is not [necessarily] the *se'ah* that was removed. β€Ž[14] When a *se'ah* of impure *terumah* falls into 100 *se'ah* of pure *terumah*, it is nullified because of the insignificant amount and the entire mixture should be eaten in a state of ritual purity. If it fell into less than 100, he should leave the entire mixture until it rots. β€Ž[15] There were two containers [of grain, each containing less than 100 *se'ah*]. A *se'ah* of *terumah* fell into one of them and it was known into which one it fell. Afterwards, a second *se'ah* of *terumah* fell into one of them, but it was not known into which it fell. [The rationale is that] we assume that the second *se'ah* fell into the same place as the first *se'ah*, for we associate the problematic issue with the [previous] problem.

If, however, the first *se'ah* fell into one of the containers, but it was not known into which it fell and afterwards, a second *se'ah* fell into one and it was known into which one it fell, we do not say that the first one fell into the same place as the second. Instead, both are considered to be problematic. β€Ž[16] If there were two containers [of grain], one ritually pure and one ritually impure, and a *se'ah* of *terumah* fell into one and it was not known into which, we assume that it fell into the impure one. β€Ž[17] When there are two containers, one containing pure *terumah* and one containing impure ordinary produce, should a *se'ah* of pure *terumah* fall into one of them, we assume that it fell into the one containing *terumah*. The ordinary produce should, however, be eaten in a state of ritual purity like *terumah*. β€Ž[18] [18-19] When a *se'ah* of impure *terumah* falls into one of the above mentioned containers, we say that it fell into the *terumah*. The ordinary produce should, however, be eaten as roasted kernels or made into dough with fruit juice. β€Ž[19] β€” β€Ž[20] When there are two containers, one containing impure *terumah* and the other ordinary produce that is pure, and a *se'ah* of pure *terumah* falls into one of them, we assume that it fell into the *terumah*, but the ordinary produce should be eaten as roasted kernels. β€Ž[21] If a *se'ah* of impure *terumah* fell into one of these containers, both of them are forbidden. [The rationale is that when] there is a doubt [whether produce is] impure *terumah*, it is forbidden to be eaten, while when there is a doubt whether it is *miduma*, it is permitted. For the prohibition against partaking of impure *terumah* is Scriptural in origin, while the prohibition against partaking of a mixture that is *miduma* is Rabbinic in origin based on the principles explained in *Hilchot Ma'achalot Assurot*.

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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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