Thursday, March 21, 2019

Terumas Lachmei Todah

The Gemorah in Menachos (76b) has a doubt if a person eats the terumas lachmai todah  - the loaves of the todah that must be given to the kohan if there is an obligation of death/ reimbursement of an additional fifth  for eating them like by teruma or not.  The Gemorah is unsure if it has the status of terumas maser that is hukash too or it is excluded because of a miut. 

The Rambam (Maaseh Korbanot 9:13) seems to understand the question is a general one if the terumas lachmai todah has the status of teruma or not.  It should follow that according to the Rambam the same doubt of the Gemorah would apply to all the laws of teruma (see Briskor Rav.)
The Minchas Chinuch #284:8 understands that the Gemorah is asking a specific question because of the miut but it does have the status of teruma and therefore before separating the terumah loaves there is a prohibition of tevel to eat from the loaves.  This view is stated explicitly in the mefaresh in Nedarin 12b.  (It also seems to come out that way from the Rash there, עיי"ש.)

The Minchas Chinuch #283:25 points out the Gemorah doesn’t question if a kohanes that married a yisroel and her husband dies if she regains her right to eat terumas lachmai todah like terumah or not.  Why didn’t the Gemorah raise that inquiry?  He explains that the Gemorah understood that for sure she doesn’t regain her rights to eat them.  The Gemorah in Yevomas 87a says that the prohibition of Vakira 22:12 היא בתרומת הקדשים לא תאכל  applies to a kohanes that married out that she no longer regains her rights to eat the chazeh and shok from kodshim.  Says the Minchas Chinuch, the terumas lachmei todah are included in תרומת הקדשים and therefore she doesn’t get to eat them.  It comes out that there are two issurim prohibiting the eating of the terumas lachmei todah, one because of its status as terumah and other because it is תרומת הקדשים.  The last piece in the Brisker Rav on Zevachim cites Reb Chim brought a Yerushalmi Yevomos (very end of Ch. 9) that says like the Minchas Chinuch.  See more about this in Chidushai Hagra"m pg. 93-95. 

The Gemorah in Zevachim 36a says there is a prohibition to eat the loaves of the todah before the terumah was taken off.  According to the Minchas Chinuch it would be the issur tevel but according to the Rambam that there is at least a question if we view the terumas lachmei todah as terumah what would be the issur? According to the other Minchas Chinuch it would seem he would have to learn there is some independent issur of תרומת הקדשים לא תאכל.

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