The mishna further states that ḥalalim, converts, and emancipated slaves ascended from Babylonia. The Gemara clarifies: From where do we derive that ḥalalim ascended? The Gemara answers: As it is taught in a baraita that Rabbi Yosei says: Great is the importance of a presumptive status, as it is stated: “And of the children of the priests: The children of Habaiah, the children of Hakkoz, the children of Barzillai, who took a wife of the daughters of Barzillai the Gileadite, and was called after their name. These sought the registry of their genealogy, but it was not found. Therefore, they were deemed polluted and put out from the priesthood. And the Tirshatha said to them that they should not eat of the offerings of the most sacred order until there arose a priest with the Urim VeTummim” (Ezra 2:61–63).
The baraita continues: This shows that there was uncertainty whether specific descendants of priests were fit for the priesthood or were ḥalalim, and Ezra said to them: You have retained your presumptive status. In other words, despite their failure to provide proof that they were fit priests, they maintained their prior status. Ezra said: Of what priestly gifts did you partake when you were in exile? You partook only of the consecrated gifts of the boundaries, i.e., from teruma, which may be eaten anywhere. Here too, in Eretz Yisrael, you may partake only of the consecrated gifts of the boundaries. You may not, however, partake of anything that must be eaten inside Jerusalem, as indicated by the verse “They should not eat of the offerings of the most sacred order.” In any event, since the verse writes that they were “put out from the priesthood,” it can be seen that there were ḥalalim who came with Ezra to Eretz Yisrael.
The Gemara asks: And according to the one who says that one elevates a priest to lineage, i.e., one attributes the lineage of a priest to an individual on the basis of observing him partaking of teruma, how could they be allowed to partake of teruma? Those who partake of teruma will subsequently be elevated to the full status of priests. The Gemara answers: There it is different, as their presumptive status had been weakened. Since they did not partake of offerings, as did all other priests, all knew that they were not regular priests.
The Gemara asks: But if so, what is the meaning of Rabbi Yosei’s claim that great is a presumptive status? They received nothing extra by virtue of this presumption. The Gemara responds: They have gained in that initially they would partake of teruma only of Babylonian produce, which is teruma by rabbinic law, and afterward they would partake of produce that is teruma by Torah law. The separation of teruma in Eretz Yisrael is a Torah obligation, and the produce is fully consecrated.
The Gemara offers an additional defense of the opinion that one elevates a priest to lineage based on observing him partake of teruma: And if you wish, say: Actually, now also, in Eretz Yisrael, they would partake only of produce that is teruma by rabbinic law, such as vegetables, while they would not partake of produce that is teruma by Torah law, such as grains. And when we elevate a priest to lineage on the basis of observing him partake of teruma, that is only when he was observed partaking of produce that is teruma by Torah law, but if someone partakes of produce that is teruma by rabbinic law, we do not elevate him. Therefore, they could continue partaking of teruma based on their presumptive status, and there is no concern that they might be elevated to the status of full-fledged priests.
The Gemara asks: If so, the question remains: What is meant by the phrase: Great is a presumptive status? The Gemara answers: It means that initially, there was no reason to decree and prohibit them from partaking of produce that was teruma by rabbinic law due to the possibility that they may partake of produce that is teruma by Torah law, as there was no produce that was teruma by Torah law in Babylonia. Afterward, when they came to Eretz Yisrael, although there was reason to decree and prohibit them from partaking of produce that was teruma by rabbinic law due to the possibility that they may partake of produce that was teruma by Torah law, as that kind of teruma was also present, their presumptive status was nevertheless strong enough to allow them to continue to partake of produce that was teruma by rabbinic law, although they could not eat produce that is teruma by Torah law.
The Gemara asks: But isn’t it written: “And the Tirshatha said to them that they should not eat of the offerings of the most sacred order [kodesh hakodashim]” (Ezra 2:63)? This indicates that it is from the offerings of the most sacred order that they may not eat, but anything else, i.e., offerings not of the most sacred order, they may eat, including produce that is teruma by Torah law.
The Gemara answers: This is what the Tirshatha is saying: They may not partake of anything that is called sacred [kodesh], nor anything that is called most sacred [kodashim]. The Gemara clarifies. The words not anything that is called sacred are referring to teruma, as it is written with regard to teruma: “No non-priest may eat of the sacred” (Leviticus 22:10). And the words nor anything that is called most sacred are referring to offerings, as the verse states: “And a daughter of a priest, if she is married to a non-priest, she may not eat of that which is set apart from the sacred things” (Leviticus 22:12). And the Master says: What is the meaning of “that which is set apart from the sacred things”? It means from the portions separated from the offerings, i.e., the breast and thigh of a peace-offering, she may not eat.