Chullin Daf 131 צולין דַף 131

The Gemara again attempts to disprove Rav Chisda’s ruling that one who damages מתנות כהונה is exempt from paying, because they are ממון שאין לו תובעין. A Baraisa states: הרי שאנסו בית המלך גרנו – if the king’s household confiscated one’s granary, and the grain was taken as payment of a debt owed to the king, he must separate additional maaser from other grain to replace the maaser of the confiscated grain. This proves that if maaser was taken as payment of his debt, he does have to replace it!? The Gemara answers: שאני התם דקא משתרשי ליה – that case is different, because he gains by the amount he would have had to remove as maaser. Since all the grain, including the portion that would have been removed as maaser, was accounted for his debt, he stands to profit from the maaser and must replace it.

There was once a Levi who would snatch מתנות כהונה as they were being brought to Kohanim. Rav said: לא מסתייה דלא שקלינן מיניה – Is it not enough for him that we do not take [מתנות כהונה] from him when he shechts his own animals, אלא מיחטף נמי חטיף – but he also grabs them from others?! The Gemara wonders about Rav’s position: if he holds that Leviim are included in the term "עם" – “the people” commanded in the Torah to give מתנות כהונה, then the מתנות should be taken from the Levi. If he holds Leviim are not included in the term "עם", then Hashem exempted them from giving מתנות; why does Rav imply that מתנות could theoretically be taken from them? The Gemara explains that Rav was uncertain if Leviim are included in "עם". The Gemara ultimately proves that this question is a machlokes between Tannaim, and Rav was uncertain whom the halachah follows. Mereimar says the halachah follows Rav.

Ulla would give מתנות כהונה to a כהנת, because he held that when the Torah says to give them to a “Kohen,” it includes a כהנת (even one married to a Yisroel). Although the minchah of a כהנת is eaten, as opposed to a Kohen’s minchah which is completely burned, that distinction is because the passuk there says אהרן ובניו – Aharon and his sons, excluding females. The Gemara proceeds to show that Tannaim disagree whether one may give מתנות to a כהנת. It then records the practice of four Amoraim who ate מתנות כהונה on account of their wives, each of whom was a כהנת. The halachah follows this ruling.