1 or anoints [therewith]; whether it was defiled or undefiled terumah, he must pay a fifth and a fifth of the fifth. The scholars asked: When he repays, does he repay according to quantity or according to value? Where it was originally worth four zuz while subsequently it was worth a zuz, there is no question, for he must certainly repay on the original [price]. according to its value, because it is no worse than a robber, for we learned: All robbers repay as at the time of the robbery. The question arises where it was originally worth a zuz while subsequently it was worth four. What then? Must he repay according to quantity, for he [the priest] can say, He ate a griwa, he must repay a griwa; or perhaps he repays according to the value: he ate [the worth of] a zuz, he repays [the worth of] a zuz? — Said R. Joseph, Come and hear: If he ate figs [of terumah] and repaid him dates, blessings be upon him! It is well if you say that he must repay according to quantity: therefore ‘blessings be upon him,’ because he ate a griwa of dried figs, which is worth a zuz, and he returns [him] a griwa of dates, which is worth four. But if you say that he pays according to its value, why should ‘blessings be upon him’: he ate for a zuz and he returns [as much as] for a zuz? — Said Abaye, Indeed he pays according to value, yet why should ‘blessings come upon him’? Because he ate something for which buyers are not eager, and he pays [with] something for which buyers are eager. We learned:HE WHO EATS TERUMAH OF LEAVEN ON PASSOVER UNWITTINGLY, MUST PAY [TO THE PRIEST] THE PRINCIPAL PLUS A FIFTH. It is well if you say that he must pay according to quantity: then it is right. But if you say that he must pay according to the value, has then leaven on Passover any value? — Yes: the author of this is R. Jose the Galilean, who maintained: Leaven on Passover is permitted for use. If so, consider the second clause: IF DELIBERATELY, HE IS FREE FROM PAYMENT AND FROM [LIABILITY FOR] ITS VALUE AS FUEL. But if [the author is] R. Jose the Galilean, why is he free from payment and from [liability for] its value as fuel? — He holds as R. Nehunia b. ha-Kanah. For it was taught: R. Nehunia b. ha-Kanah used to treat the Day of Atonement as the Sabbath in regard to payment, etc. This is dependent on Tannaim: He who eats terumah of leaven on Passover is free from payment and from [liability for] the value of the fuel: this is R. Akiba's ruling. R. Johanan b. Nuri declares him liable. Said R. Akiba to R. Johanan b. Nuri: What benefit then has he [the priest] therein? R. Johanan b. Nuri retorted to R. Akiba: And what benefit has [the priest therein] that he who eats unclean terumah during the rest of the year must pay? Not so, replied he: if you speak of unclean terumah during the rest of the year, [that is] because though he [the priest] does not enjoy the right to eat it, yet he enjoys the right to use it as fuel. Will you say the same of this, in which he does not enjoy the right of eating or the right to use it as fuel? Hence, to what is this like: to terumah of mulberries and grapes which was defiled, in which he does not enjoy the right of eating or the right to use it as fuel. When is this said? When he separates terumah and it because leaven. But if he separates terumah of leaven [on Passover], all agree [that] it is not holy. Another [Baraitha] taught: [And if a man eat of the holy things unwittingly, then he shall put the fifth part thereof unto it,] and shall give unto the priest the holy thing; [that implies,] something which is fit to be holy, thus excluding him who eats terumah of leaven on Passover, [teaching] that he is free from payment and from holds good when one incurs ‘death at the hands of heaven’, which is the penalty for eating terumah deliberately. According to this, the first clause, UNWITTINGLY, must now mean that the eater knew neither that it was terumah nor that it was leaven; for if he knew that it was leaven he is liable to kareth, which frees him from payment. [liability for] its value as fuel: this is the view of R. Eliezer b. Jacob; but R. Eleazar Hisma declares him liable. Said R. Eliezer b. Jacob to R. Eleazar Hisma: Yet what benefit has he [the priest] therein? R. Eleazar Hisma replied to R. Eliezer b. Jacob: And what benefit has he [therein] that he who eats unclean terumah during the rest of the year, must pay? Not so, answered he: if you speak of unclean terumah during the rest of the year, [that is] because though he [the priest] does not enjoy the right to eat it, yet he enjoys the right to use it as fuel; will you say [the same] of this, in which he does not enjoy the right of eating or the right to use it as fuel? Said he to him, In this too he has the right to use it as fuel, for if the priest wishes, he can place it before his dog or burn it under his pot.ᵃᵇᶜᵈᵉᶠᵍʰⁱʲᵏˡᵐⁿᵒᵖᵠʳˢ
2 Abaye said: R. Eliezer b. Jacob, R. Akiba and R. Johanan b. Nuri all hold [that] leaven during Passover is forbidden for use, and they differ in this, viz., R. Akiba holds: He must pay according to value; while R. Johanan b. Nuri holds: He must pay according to quantity. That is obvious? — You might say, R. Johanan b. Nuri also holds as R. Akiba [that] he must pay according to value, but the reason that he declares him liable there is this, [viz..] because he agrees with R. Jose the Galilean who maintained, Leaven is permitted for use on Passover: [therefore] he informs us [that it is not so]. Yet perhaps that indeed is so? — If so, let R. Johanan b. Nuri answer R. Akiba just as R. Eleazar Hisma answered R. Eliezer b. Jacob. Our Rabbis taught: He who eats as much as an olive of terumah must pay the principal plus a fifth. Abba Saul said: [He is not liable] unless it has the worth of a perutah. What is the first Tanna's reason? — Scripture saith, And if a man eat of the holy thing unwittingly and eating [requires] as much as an olive. And Abba Saul: what is [his] reason? — Scripture saith, and he shall give [unto the priest the holy thing]. and giving is not less than the worth of a perutah. And the other too, surely ‘eat’ is written? That comes [to teach], excluding him who destroys [terumah]. And the first Tanna, surely it is written, ‘and he shall give’? — He requires that [to intimate that he must return] something which is fit to be holy. Our Rabbis taught: He who eats less than an olive of terumah must pay the principal, but he does not pay the [additional] fifth. How is it meant? If it is not worth a perutah, let him not pay the principal either; while if it is worth a perutah, let him pay a fifth too? — After all it means that it is worth a perutah, yet even so, since it was less than an olive he pays the principal but does not pay the fifth. The Rabbis stated this before R. Papa: This is not according to Abba Saul, for if according to Abba Saul, surely he says, since it is worth a perutah, even if it is less than an olive [the law applies]! — Said R. Papa to them: You may even say [that it agrees with] Abba Saul. Abba Saul requires both. Yet does Abba Saul require both? Surely we learned, Abba Saul said: For that which possesses the worth of a perutah he [the eater] is liable for payment; [for] that which does not possess the worth of a perutah he is not liable for payment. Said they [the Sages] to him. The worth of a perutah was stated in connection with a trespass-offering only; but for terumah he is not liable unless it contains as much as an olive. Now if this is correct, they should have stated, ‘once it contains as much as an olive’? This is a refutation. Now, R. Papa too retracted, for it was taught: [If any one commit a trespass,] and sin unwittingly: this excludes deliberate[tres pass]. But does this not follow a fortiori: if other precepts, for [the transgression of] which one is liable to kareth, yet [Scripture] exempts the deliberate offender in their case; [with regard to] trespass, which does not involve kareth, does it not follow that the deliberate transgressor is exempt? No: if you say [thus] in the case of other precepts, that is because he is not liable to death on their account; will you say [the same] of trespass, for which death is incurred? Therefore ‘unwittingly’ is stated, excluding deliberate [transgression]. Now R. Nahman b. Isaac said to R. Hiyya b. Abin: This Tanna, at first, regards kareth as severer, while subsequently he regards death [at the hands of Heaven] as more severe? And he answered him, This is what he means: No; if you say [thus] in the case of other precepts, that is because he is not liable to death on their account for less then an olive; will you say [the same] of trespass, where death is incurred for less than an olive. Whereon he said to him, Thy mind be at rest, because thou hast set my mind at rest. Said he to him, What satisfaction [is there in this answer], seeing that Rabbah and R. Shesheth have swung an axe at it: Whom do you know to maintain?ᵗᵘᵛʷˣʸᶻᵃᵃᵃᵇᵃᶜᵃᵈᵃᵉᵃᶠᵃᵍᵃʰᵃⁱᵃʲᵃᵏᵃˡᵃᵐ