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3 [1] There is no minimum requirement for the great *terumah* according to Scriptural Law, as [implied by Deuteronomy 18:4]: "The first of your grain," i.e., even the slightest amount. Even one kernel of grain fulfills the requirement for the entire grain heap. Idealy, one should separate only according to the measures specified by our Sages. In the present age, when [the *terumah*] will be burnt because of impurity, a person may separate even the smallest amount as an initial and prefatory measure. [2] What is the measure that our Sages established? A generous measure is one fourtieth [of the crop]. The average [measure] is one fiftieth and a parsimonious measure is one sixtieth. [3] Idealy, we may separate one sixtieth [of the crop] as *terumah* from species to which the priests do not pay attention, e.g., carobs and *kilisin* beans.
[Similarly,] we [may separate] one sixtieth [of the crop as *terumah*] in the following situations: *terumah* separated from produce grown from *terumah*, *terumah* that is mixed [with *tevel*], or impure *terumah* that became impure against one's will or inadvertently, *terumah* taken from consecrated crops, *terumah* [separated in] the Diaspora, *terumah* from *ketzach, kilisin,* carobs, poor quality wild figs, red barley kernels, and the like, and produce grown in a flower-pot that does not have a hole.
Similarly, when guardians separate [*terumah*] from the produce of orphans, they should separate one sixtieth. [4] One should not separate this *terumah* with a measure, a scale, or by number, because [the Torah] did not specify a measure for this [allocation]. Instead, one makes an estimation and separates one fiftieth according to his conception. One may, however, separate *terumah* from [produce that is] measured, weighed, or counted. He should not separate *terumah* using a basket or a container whose measure is known. He may, however, separate *terumah* by [filling] half or a third of their measure. One should not separate *terumah* [by using] half [a measure of] a *se'ah*, because its half is also a measure. [5] When a person separates a large measure of *terumah*, as long as he leaves a certain portion as ordinary produce, [the separated portion] is *terumah*. If, however, he said: "All of this produce is *terumah*," his statements are of no consequence.
If a person intended to separate one tenth [of his crop] as *terumah*, but it happened that he actually set aside one sixtieth, [the separated portion] is *terumah*. If, however, he intended to give the sixtieth as *terumah*, but it happened that he actually set aside one fiftieth, [the separated portion] is not *terumah*. [6] When a person sets aside *terumah* and it happened that he gave one twentieth [of his crop], [the separated portion] is *terumah*. If he set aside *terumah* and it happened that he gave one sixtieth [of his crop] and hence, he added more produce for the sake of *terumah*, the tithes must be separated from that additional amount. The priest must separate them and only then may he partake of it.
If a person set aside *terumah* and it happened that he gave one sixty-first [of his crop], [the separated portion] is *terumah*, but he must set aside a second portion to complete the measure that he originally intended to give. This additional measure may be set aside with a measure, a scale, or by number. He should set aside [the *terumah*] only from the produce that is encompassed [in the same area] as is true with regard to the initial separation [of *terumah*]. [7] When a person separates a portion of the *terumah* [that he originally intended to separate], that portion does not have the status of *terumah*. Nevertheless, the *terumah* from that portion should be separated from it and not from other produce. [8] When a person separates a portion of *terumah* from one grain heap and a portion of *terumah* from a second grain heap of the same species, he should not separate *terumah* from one grain heap for the other.
[The following rules apply when a person] says: "The *terumah* for this grain heap is in its midst." If he specified a place - on the north side or the south - he has designated *terumah* and is obligated to separate *terumah* from that [portion of the grain heap]. If he did not specify a place, his statements are of no consequence. [9] If [a person separating *terumah*] said: "The *terumah* for this grain heap is this and the *terumah* for this grain heap is like that one," at the place where the *terumah* for the first grain heap ended, the *terumah* for the second grain heap also ended. [10] *Terumat Ma'aser* may not be separated by estimation. [Instead,] one must be precise in its measure, even in the present age, because its measure is explicitly stated in the Torah. [11] [Produce] that is usually measured in volume, should be measured in volume. [Produce] that is weighed should be weighed and if it can [easily] be counted, it should be counted. If it could [easily] be counted, weighed, or measured in volume, it is praiseworthy to count it, more praiseworthy to measure its volume, and most praiseworthy to weigh it. [12] The mitzvah [to separate] *terumat ma'aser* is for a Levite to separate it from the tithe [given] him, as [Numbers 18:26] states: "When you take the tithe from the children of Israel...." An Israelite may separate *terumat ma'aser* and give it to a priest and then give the tithes to a Levite after separating the *terumat [ma'aser]* from it, i.e., a tenth of a tenth. [13] When an Israelite separates the first tithe while the crop is still stalks [of grain] and gives it to the Levite before it was threshed and before he separated the great *terumah*, the Levite is not required to separate the great *terumah* from it after he threshes it, only *terumat ma'aser*.
If, however, the Israelite threshed [the crop] and separated a tithe of the grain and gave it to the Levite before he separated the great *terumah*, the Levite is obligated to separate the great *terumah* and *terumat ma'aser*, since [the crop] has already been [separated into kernels of] grain, the obligation [to separate] *terumah* has fallen upon it, as [implied by the phrase]: "The first of your grain." [14] When a Levite took grain while it was in stalks, he should not give the *terumah* to the priest in stalks. Instead, we penalize him [and require him] to thresh [the crop], winnow it, and give the priest a tenth of a tenth of the kernels of the grain. He is not required to give him a tenth of the straw or the chaff. If he set aside *terumat ma'aser* while the crop was in stalks as it was given to him, he must crush it and give the priest the kernels and the straw.
Why did they penalize him and make him crush it? Because he accepted the tithe while it was in the stalks and thus precluded the separation of the great *terumah*. [15] When an Israelite tells a Levite: "My father told me: 'I have *ma'aser* for you in my possession,' we are not concerned about [the possibility of] it containing *terumat ma'aser*. [We are confident] that his father separated the *terumat ma'aser*. Therefore he commanded him that the [entire] tithe should be given to the Levite.
If [the Israelite] told [the Levite]: "My father told me: 'I have a *kor* of *ma'aser* for you in my possession,' we are concerned about [the possibility of] it containing *terumat ma'aser*. [16] *Terumat ma'aser* that is an eighth of an eighth [of a *log*] should be brought to a priest. For less than that, [we do not trouble him] to bring it to a priest. Instead, he may throw it into the fire and burn it. With regard to wine and oil, by contrast, even the smallest amount [of *terumat ma'aser*] should be brought to a priest provided it is definitely *terumat ma'aser* and ritually pure. If it was ritually impure or if it was *demai*, if it does not contain [the above] measure, he is not required to trouble himself with it. Instead, he should burn it. [17] We should separate the great *terumah* only from [produce] in the same location. What is implied? A person had 50 *se'ah* in one room and 50 *se'ah* in another, he should not separate two *se'ah* from one room for the entire 100 *se'ah*, for he would be separating produce from one location for produce from another.
[After the fact,] if one separated *terumah* from one location for produce in another, the separation is effective,
provided the produce separated [as *terumah*] is protected. If, however, a person possessed jugs of oil and/or wine and saw that they were breaking, should he say: "These are *terumah* for the produce in my home," his words are of no consequence. [18] When produce is scattered in a room or there are two granaries in the same room, one may separate *terumah* from one for the entire amount. When sacks of grain, spheres of dried figs, or jugs of figs are in the same place, one may separate from one for the entire amount. With regard to jugs of wine, until one has sealed their lids closed, he may separate *terumah* from one for the entire amount. After they have been sealed, he must separate *terumah* from each one individually. [19] When a person was gathering bunches of vegetables and leaving them in [his] garden, he may separate *terumah* from one for the entire amount. If he brings another type of produce between them, he must separate *terumah* from each one individually. If he brought several species together in a container, e.g., cabbage on top, cabbage on bottom, and another species in between, he should not separate *terumah* from the top head for the bottom head.
If he collected five piles in one granary, he may separate *terumah* from one for the entire amount provided the fundamental collection is intact. If the fundamental collection is not intact, he must separate *terumah* from each one individually. [20] *Terumat ma'aser* may be separated even if [the produce] is not in the same location. [This is implied by Numbers 18:28]: Separate *terumah* "from all of your tithes." [Implied is that] even if there is one [collection of] tithes in one city and another [collection of] tithes in another city, one may separate *terumat [ma'aser]* once for all of them. Torah scholars separate even *terumat ma'aser* only from [produce] in one location. [21] When a Levite possessed [produce from] the first tithe from which *terumat ma'aser* was not separated and he left it so that he could continuously separate *terumat ma'aser* [for other crops] from it while it is still *tevel*, his actions are viable. [This is derived from Numbers 18:24]: "For the tithes of the children of Israel [from] which they will separate *terumah*...." Implied is that [the tithes] can be transformed into *terumat [ma'aser]* in their entirety. [22] If one separated *terumat ma'aser* first and then left [the produce] so that one could continually separate *terumat ma'aser* for other produce from it until it becomes *terumat ma'aser* in its entirety, at which he would give it to a priest, his actions are of no consequence. [This is derived from *ibid.*:29]: "The sacred portion from it." Implied is that when its sacred portion is in it, it can be made *terumat [ma'aser]* for other [crops]. If its sacred portion is no longer in it, it cannot be made *terumat [ma'aser]* for other [crops]. Similarly, when a person sets aside crops to separate the great *terumah* from them, they must be *tevel* with regard to *terumah*. If a person sets aside crops to separate the tithes from them, they must be *tevel* with regard to the tithes. [23] When *terumah* and the tithes are separated, we separate them in proper sequence.
What is implied? Before everything, one separates *bikkurim*. Afterwards, [he separates] the great *terumah*, the first tithe, then the second tithe or the tithe for the poor. If a person separated the second [tithe] before the first, or the tithes before *terumah*, or *terumah* before *bikkurim*, his actions are effective despite the fact that he has transgressed a negative commandment.
What is the source which teaches that a negative commandment is involved? [Exodus 22:28] states: "Do not delay your fullness offering or your priestly heave-offering." [Implied is a command] not to delay [the separation of produce] that should come first. Lashes are not given [as punishment for the violation] of this prohibition. [24] When a person desires to separate the great *terumah* and *terumat ma'aser* at the same time, he should separate 1/33.33 of his crop. He should say: "One hundredth of [the produce] that is here - i.e., on the side of the produce which I set aside - is ordinary produce. The remainder of what I separated is *terumah* for the entire crop. The tithes which are necessary to be separated for these hundred portions of ordinary produce are at the side of [the produce] that I separated. The remainder of what I separated aside from the *terumah* is *terumat ma'aser* on the entire amount."
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