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Treatise in the Mishnah, Tosefta, and Palestinian Talmud. There were two kinds of heave-offerings or gifts to the priest: one was theregular heave-offering, known also as the "great heave-offering" ("terumah gedolah"), which the Israelites were required to give to the priest from the fruits of their fields (comp. Num. xviii. 8 et seq.; Deut. xviii. 4); the other was the so-called "tithe heave-offering" ("terumat ma'aser"), i.e., the tithe which the Levites put aside for the priests from the tithe due to them as Levites (comp. Num. xviii. 25 et seq.). The treatise gives a more precise definition of the rules governing both these heave-offerings, but the great heave-offering forms the chief subject of discussion. In most editions of the Mishnah this treatise is sixth in the order Zera'im. It is divided into eleven chapters, containing altogether one hundred and one paragraphs.

  • Ch. i.: Enumeration of five classes of persons who may not make the heave-offering (§§ 1-3). From what sacrifices the heave-offering may not be taken (§§ 4-5). Five other classes of persons who may not make the selection, though where they have done so in ignorance of the prohibition, their act is considered valid (§ 6). The selection is not to be made according to measure, weight, or number, but according to estimated value (§ 7). Different cases in which the heave-offering is considered valid, although the method by which it was selected is generally not permissible (§§ 8-10).
  • Ch. ii.: Further enumeration of cases in which the heave-offering is valid, although the method of procedure followed in selecting it was not legitimate, such as in selecting clean grain for unclean as a heave-offering (§ 1). Cases in which the heave-offering obtained by an unallowable method of procedure is valid only if the wrong method was used unwittingly. In this connection various methods are enumerated which, although properly not allowed, are considered valid if they have been used unwittingly (§§ 2-3). The heave-offering may not be made from one kind for another kind, nor from imperfect fruits for perfect ones of the same kind, although perfect fruits may be given as a heave-offering for imperfect fruits of the same kind (§§ 4-6).
  • Ch. iii.: Circumstances under which the heave-offering must be given twice (§§ 1-2). A case in which each of two joint owners sets apart the heave-offering from the fruits belonging to them in common (§ 3). The owner may empower his servant to set apart the heave-offering (§ 4). How the heave-offering is determined (§ 5). In what order the different taxes, as the first-born tax, the heave-offering, and the tithe, are to be given (§§ 6-7). What shall be done when one makes a slip of the tongue while selecting the heave-offering, or during the consecration of the sacrifice or the taking of an oath (§ 8). Gifts and offerings of non-Jews (§ 9).
  • Ch. iv.: Selecting and measuring the great heave-offering. The great heave-offering should be about one-fortieth, one-fiftieth, or one-sixtieth of the whole from which it is taken, according to the generosity of the giver (§§ 1-5). The tithe heave-offering, like the tithe, is taken according to number, measure, or weight (§ 6). Concerning the mixing of heave-offerings with other fruits and the proportions of the various ingredients in regard to the question of "meduma'" (§§ 7-13).
  • Ch. v.: Further discussion concerning the mixing with other fruits of clean heave-offerings and of those which have become unclean.
  • Ch. vi.: Concerning the compensation that must be made by one who has eaten, or otherwise derived benefit from, a heave-offering (comp. Lev. xxii. 14).
  • Ch. vii.: Continuation of ch. vi.; cases in which only the value of what has been eaten need be paid, without the additional fifth part ("ḥomesh"; §§ 1-4). Further regulations concerning the mixing of heave-offerings (§§ 5-7).
  • Ch. viii.: The same theme continued (§§ 1-3). Regarding wine, set apart for the heave-offering, which has stood uncovered; the danger of poisoning (§§ 4-7). Concerning the defilement of heave-offerings (§§ 8-11). Regarding women who are in danger of being outraged by heathen (§ 12).
  • Ch. ix.: What must be done in case, either wittingly or unwittingly, a heave-offering has been sown; regulations concerning the fruits from the sowing of a heave-offering.
  • Ch. x.: Cases in which the taste which certain foods have acquired from a heave-offering makes them unlawful; regulations regarding other cases in which lawful foods become unlawful through the taste which they have derived from unlawful foods.
  • Ch. xi.: Regulations concerning the use which may be made of clean heave-offerings, as well as of those which have become unclean.
Tosefta and Gemara.

The Tosefta is divided into ten chapters, and, besides additions to and amplifications of the Mishnah, contains some interesting utterances, as, for instance, the definition of the boundaries of the territory belonging to the land of Israel (ii. 12). The Palestinian Gemara to this treatise explains and discusses the halakot of the Mishnah and contains almost no haggadic sayings. There are only a few narratives in it; from these the following has been selected:

Diocletian, in his youth, was a swineherd in Tiberias, where the young pupils from the school of Judah II. used to beat him and make fun of him. When he became emperor he determined to revenge himself on the Jews and especially on the scholars. He went to Paneas, a place at some distance from Tiberias, and from there sent a summons to Judah (ha-Nasi) II., ordering him, with the other scholars, to appear before the emperor on Sabbath evening. He directed his messenger to deliver the summons to Judah on Friday evening so that the scholars, who would not travel on the Sabbath, would have no time to make the journey, and would therefore render themselves liable to punishment for disobedience. By a miracle, however, the scholars succeeded in appearing before the emperor on Sabbath evening; and they appeased his anger by saying that they scorned only the swineherd Diocletian, but obeyed and honored the emperor. Diocletian then remarked that they should be cautious, and never insult a Roman even of lowly condition, because he might mount in rank and take revenge (46b). The same story, with a few divergencies in detail, is found in Gen. R. lxiii. 12.

W. B. J. Z. L.
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