There’s more that meets the eye in a seemingly simple Mishnah TB Pesakhim 32

The Mishnah at the very bottom of TB Pesakhim 31 speaks of misappropriation of teruma  . Before we analyze the Mishnah, we should review some aspects of teruma  . Teruma  is a tithe given to the kohanim, priests, since they do not own land. Everybody agrees that the five grains, grapes, and olives are subject to the laws of teruma  according to the Torah. Amongst the Rishonim there is a disagreement concerning other fruits. Rambam holds that all fruits are subject to the laws of teruma  according to the Torah. Rashi and Tosefot argue that other fruits are only subject to the laws of teruma according to rabbinical decree. Teruma  is holy and only kohanim are permitted to eat it. If a non-kohan eats it intentionally (בְּמֵזִיד -bemayzeed) he is a thief and his punishment is death by the hands of heavens (and not by an earthly court). If a non-kohan (זָר-zar) ate it unwittingly (בְּשׁוֹגֵג -beshogeg) he must replace the principle with a penalty of 25%. He doesn’t have to replace the teruma  with the exact produce he misappropriated. Any appropriate food may be used.

The Mishnah on the bottom of yesterday’s daf discusses the case when the teruma  is hametz and eaten on Passover. “If one unwittingly eats teruma of leavened bread on Passover, not realizing that the food was teruma, then he must pay the principal and an additional fifth. If he intentionally ate the teruma then he is exempt from payment; its monetary value in wood for one who derives benefit from impure teruma calculates its value by treating it as though it were fuel for burning. While impure teruma can be used in this manner during the rest of the year, one may not derive any benefit from leavened bread on Passover, and therefore such teruma is worthless.” (Sefaria .org translation)

Everybody agrees in the case when the value of the teruma decreases. For example, if a pound of grapes originally cost four dollars and now when the non-kohan has to replace it, a pound a grapes is worth only one dollar, the non-kohan has to replace four dollars’ worth of grapes. A disagreement arises when the value of the teruma increases (for example, if the pound of grapes originally cost one dollar and now costs four dollars).  When the non-kohan replaces the teruma, does he replace it at its monetary value or does he replace it according to its measure?

The first interpretation of the Mishnah applies the principle of measurement. Consequently, if the non-kohan unwittingly ate the hamatzdic teruma he has to replace the amount he misappropriated plus the fine of 25%. Remember during Passover hametz has no value because one is not allowed to own it, eat it, or even derive any benefit from it. If he intentionally ate the hamatzdic teruma, he is a thief and a thief always repays pays the amount he stole at the time of the crime. Since hamatzdic teruma is worthless during Passover, he owes nothing.

The second interpretation applies the principle of monetary replacement. If the non-kohan eats unwittingly the hamatzdic teruma   he must replace the monetary value of the teruma plus the fine of 25% according to Rabbi Yosei HaGlelil who holds one may derive benefit from hametz during Passover. If the person intentionally ate the hamatzdic teruma, he is only liable for the more severe punishment (in this case, death by the hands of heaven) and owes nothing according to Rabbi Neḥunya ben HaKana’s principal of קם ליה בדרבה מיניה.

Although the Gemara never comes to the conclusion which is the better way of interpreting the Mishnah, Ramam poskins that the non-kohan must make monetary replacement at the time the teruma was misappropriated whether it has increased or decreased in value. (Mishneh Torah, The Laws of Trumah, chapter 10 halakha 26)