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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