3,254. The Terumah of Partners

Terumos 4:7

If someone directs his agent to go separate terumah, the agent should act as the owner would act. If the agent knows that the owner is frugal, he should separate one-sixtieth as terumah. If the owner is generous, the agent should separate one-fortieth as terumah. If the agent doesn’t know what the owner would do, he should separate the average amount, which is one-fiftieth. If the agent intended to take the average amount but he accidentally separated one-fortieth or one-sixtieth instead, what he separated is valid terumah. If he planned to add on to the average amount and he separated even one-forty-ninth, what he separated is not valid terumah.

Terumos 4:8

Terumos and maaseros must be taken from the produce of partners because “your tithes” (in Numbers 18:28) is in the plural. Partners do not require one another’s permission to take terumah; whichever of them does it, the terumah is valid. Let’s say that one of them took terumah, and then the other one also took terumah because he was unaware that his partner had already done so. If the partners rely upon one another, then what the second separated isn’t terumah. If they don’t rely on one another and the first separated a sufficient amount, then what the second separated isn’t terumah. If the first didn’t separate a sufficient amount, then what the second separated is also terumah.