Wednesday, May 15, 2019

Terumah Payment

The Mishna in Terumot 7:2 says that a kohanet that marries a yisroel (and now can no longer eat teruma,) and subsequently eats teruma pays the value of the teruma but not the additional value of the fifth that one must normally pay when eating teruma by accident.  She is exempt from the fifth because that obligation is only on one who is a זר their whole life, not one who becomes a זר.  If that is the case, why must she pay the value of the teruma?  The Rash explains that she must pay like any other stolen goods.  According to this explanation, she must pay only if she took the teruma from another kohan.  However, if she owned the teruma she wouldn’t need to pay.  Rav Chaim Kanievsky in Derech Emunah Terumot 10:12 ס"ק קפד cites Rishonim that indicate she must pay even if it doesn’t belong to a kohan (see Rashi Sanhedrin 51a , Ramah there and Ri ben Malki Tzedek on the Mishna.)  Why would they disagree, what other reason would there to have to pay? 

The Emunat Yehosha (#139) says that we see from the passukim that there are two reasons to pay for the teruma that is eaten.  It says in 22: 14 "And if a man unintentionally eats what is holy, he shall add a fifth of it to it and give the kohen the holy thing.  15 And they shall not desecrate the holy things of the children of Israel, those that they have set aside for the Lord,  16 thereby bringing upon themselves to bear iniquity and guilt, when they eat their holy things, for I am the Lord Who sanctifies them."  We see that there is a desecration of the chefta and a sin on the gavra. 

If one eats the teruma במזיד s/he only pays the value of the teruma, not the additional fifth.  The Rambam (perush hamishna 7:1) explains that the sin is too great to be atoned for by paying an additional fifth.  If could be that the sin that’s not atoned for is the sin on the gavra but the desecration of the cheftza of teruma requires one to pay the basic value of the teruma. 

In a similar vein we can explain the aforementioned din.  The daughter of the kohan doesn’t have to pay as atonement for the sin of the gavra but she must pay the base value of the teruma because of the desecration of the cheftza.

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