Siman - Pesachim Daf 32
- Does one repay for eating terumah beshogegg in value or volume?
The Mishnah at the bottom of Daf 31b stated, האוכל תרומת חמץ בפסח בשוגג משלם קרן וחומש – If one inadvertently eats terumah of chametz on Pesach, he must repay the principal plus one fifth, (which is understood to mean one quarter ).
The Gemara asks what the halachah is in general when one consumes terumah beshogegg, where one repays. לפי מדה משלם או לפי דמים משלם – Does one pay according to the volume of what he ate or does he repay according to the price? The Gemara clarifies that there is no question that in a case where one ate terumah worth four zuzim and at the time of payment the equivalent amount was only worth one zuz, that the person must repay the value at the beginning, for he is no different than an ordinary גזלן where the rule is כל הגזלנין משלמין כשעת הגזילה – all thieves must repay according to the value of the item at the moment of theft. The question is only when the value of the produce increased. Do we say he pays according to the measure, even though the value went up, or perhaps if he ate a zuz’s worth of terumah that is all that he has to pay, regardless of its volume? The Gemara begins a lengthy analysis.
- Receiving berachah for repaying eaten terumah figs with dates
Rav Yosef attempted to resolve the inquiry above from a Baraisa that states, אכל גרוגרות ושילם לו תמרים תבא עליו ברכה – If one ate beshogegg dried figs of terumah, and repaid the Kohen with dates, may a berachah come upon him, because he acted righteously. Now, if you say that one repays according to volume, then it makes sense that he should receive a berachah because he ate one zuz worth of figs and is repaying with four zuzim worth of dates. But if he is repaying according to value, why should he receive a berachah? He ate a zuz and is repaying with a zuz?
Abaye answered and said that in fact he is repaying according to value, and the reason he should receive a berachah is because he ate something that buyers do not run after and yet repaid with something that buyers do run after.
- Is minimum to be eaten to be chayav for keren and chomesh a kezayis or a shaveh perutah?
The Gemara brings a machlokes regarding the minimum amount of terumah that one must eat beshogegg to be chayav the repayment of a fifth. It was taught in a Baraisa, האוכל כזית תרומה משלם קרן וחומש – If one eats a kazayis of terumah beshogegg, he repays the principal plus one fifth to the Kohen. Abba Shaul said that one is not liable to repayment עד שיהא בו שוה פרוטה – until the terumah he consumes is worth a shaveh perutah.
The Tanna Kamma bases his reason on the passuk, ואיש כי יאכל קדש בשגגה – If a man will eat of the holy terumah, beshogegg, and the rule is that eating is defined as consuming a כזית. Abba Shaul bases his reason on the word in the passuk, ונתן – and he shall repay the holy to the Kohen, ואין נתינה פחות משוה פרוטה – and the rule is that an act of repayment is not of legal significance if performed with less than a shaveh perutah. The Gemara continues explaining what the Tanna Kamma and Abba Shaul learned from each other’s source.
