Fined for jumping the line TB Beitzah 13

Because on the preceding daf we learned whether chalah, the parts of the animal that are due to the kohanim (priests), and terumah may be given to the kohanim on the Festival, today’s daf TB Beitzah 13 discusses some agricultural laws. There is a whole seder, order, of massekhtot dealing with agricultural laws; however, there is no Gemara on these mishnayot. Consequently, this gives the sages in our massekhet an opportunity to analyze some of these laws.

To appreciate the sugiyah I want to provide you with some key definitions.

תְּרוּמָה גְּדוֹלָה-terumah gedolah: After the farmer has harvested his crop and it is in its final form, for example the wheat separated from the chaff, the kohain comes and collects terumah gedolah which is approximately 2% of the total harvest.

מַעֲשֵׂר-ma’aser: Next comes the Levite and collects his portion of 10% of the remaining harvest.

תְרוּמַת מַעֲשֵׂר-terumat ma’aser: Now the Levite has to give the kohain 2% of his 10%.

The Gemara discusses what happens if the Levite jumps the line so to speak and collects his ma’aser before the kohain receives his terumah?

“The Gemara cites a similar halakha that Rabbi Shimon ben Lakish said: With regard to first tithe (ma’aser), in a case in which the Levite preceded the priest while the grain was still on the stalks, before it was threshed and turned into a pile, the owner separated first tithe before teruma. In that case, the separated tithe is exempt from teruma gedola. Although teruma gedola should have been separated from the produce first, and it should have included some of the produce taken as the first tithe, the Levite is nevertheless exempt from separating this teruma.

“This is because it is stated: “And you shall set apart from it a teruma for the Lord, even a tenth part of the tithe” (Numbers 18:26), which indicates: A tenth part of the tithe, i.e., the teruma of the tithe, I, God, said to you that you must separate it, and you are not obligated in both teruma gedola and teruma of the tithe from the first tithe.” (Sefaria.org translation)

Don’t think that the Levite by jumping ahead of the kohain, thus shortchanging the priest of his due, gets away scott free. The rabbis fine him. The Levite has to give his terumat ma’aser in its final form and not the way he took his ma’aser. “If first tithe is considered untithed produce when it is named, why do I need the act of pounding (this is the method of finishing the legumes to its final state as discussed previously on the daf-gg)? Let the Levite say to the priest: As they gave to me stalks of grain, or unprepared bundles, so I am giving them to you in the same state. Rava said: It is a penalty. In other words, the Levite should indeed be entitled to issue this claim; however, as he acted improperly by taking his tithe prematurely, the Sages decreed that he may not separate the priest’s portion in its current state, but must first improve it.” (Sefaria.org translation)