View source for The Rules of Separating Trumot and Maaserot


==General Rules of Separating==
===Separating produce from different years===
#One may not take [[Trumot and Maaserot]] from produce of one year for produce of another year. If one did take Trumah or Maaser in such a manner one’s action is ineffective and he must take Trumah and Maaser again properly. <ref>Mishnah Trumot 1:5, Rambam (Hilchot Terumot 5:11), Shulchan Aruch Y.D. 331:57, Chazon Ovadyah (Tu Beshevat pg 43), Mishpitei Aretz 8:5. In a scenario where fruits from different years get mixed up, see Mishpitei Aretz pg. 124 for what to do. With regards to when the year starts for each type of produce see Mishpitei Haaretz pg. 120-3. The general rule is that the year for grains and vegetables is determined by Rosh Hashanah, and for fruits that grow on trees it's the 15th of Shevat.</ref>
====How is a year counted for Trumah and Maaser?====
#For vegetables the year begins on [[Rosh Hashana]], the first of Tishrei.<ref>Mishnah Rosh Hashanah 1:1; Rambam Maaser Sheini 1:2.</ref> Trumot and Maaserot are counted from when the vegetables were harvested (before or after Rosh Hashana). <ref>Gemara [[Rosh Hashana]] 12a; Rambam (Trumot 5:11, Maaser Sheini 1:4), Shulchan Aruch Y.D. 331:57, 331:125; Chazon Ovadyah (Tu Beshevat pg 43-4); Mishpitei Aretz 8:6.</ref>
##Some are of the opinion that Trumot and Maaserot are counted from when the vegetables complete their ripening (i.e continued growth is no longer helpful), even if they are still attached to the ground.<ref>See Tosfos Rosh Hashana 13b s.v. achar. The Chazon Ish (Shvi'it 27:7, cited in Mishpitei Aretz chapter 8 fn. 9) explains that the completion of ripening occurs when the produce no longer becomes better by remaining attached to the ground.</ref>
#For grains and legumes the year begins on Rosh Hashana.<ref>Tosefta Shvi'it 2:10; Rambam Maaser Sheini 1:2; Shulchan Aruch Y.D. 331:125.</ref> Trumot and Maaserot are counted from when the grains reached a third of their growth (before or after Rosh Hashana).<ref>Tosefta Shvi'it 2:10; Rambam Maaser 2:5 and Trumot 2:10. Regarding the parameters of a third of its growth is see section "The Obligation to Tithe."</ref>
#For fruit trees the year begins on Tu Beshevat (15th of the month of Shevat).<ref>Mishnah Rosh Hashana 1:1; Rambam Maaser Sheini 1:2; Shulchan Aruch Y.D. 331:125.</ref> The Rishonim debate at what stage of growth Trumot and Maaserot counted from. Most Rishonim assume that they go after when the petals of the flower wilt and the fruit starts to come out.<ref>See Rash (Shvi'it 2:7) and Tosfot (Rosh Hashana 12b s.v. hatevuah) who write that Trumot and Maaserot are counted from when the fruits "budded." The Chazon Ish (Shvi'it 7:16, cited in Mishpitei Aretz chapter 8 fn. 15) explains that in this context budding means the beginning of the growth of the actual fruit. Rav Moshe Vaye (Kashrut Hamazon pg. 89) describes this as when the petals of the flower wilt and the fruit starts to grow.</ref> However, the Rambam writes that we go after when they reached a third of their growth. The custom is to follow the opinion of the Rambam.<ref>Rambam Maaser Sheini 1:2. Derech Emunah (Ad. Loc. si'if katan 21) and Rav Moshe Vaye (Kashrut Ha'mazon pg. 89) conclude that we follow the opinion of the Rambam.</ref>
##Regarding the [[Etrog|Etrog,]] Trumot and Maaserot are counted from depending on when it was harvested.<ref>Rambam Maaser Sheini 1:5; Shulachan Aruch Y.D. 331:126; Mishpitei Aretz 8:6.</ref>
###Some say that lemon, golden apple, and other citrus fruit are similar to the [[Etrog]]; others argue that they are the same as all other fruit trees. <ref>The Rash Sirleav (Sheviyit 9:4) holds that lemons are the same as Etrogim regarding Trumah and Maaser. This is also the opinion of the Eshel Avraham Neemark (Sheviyit pg 117b). However, Sh”t Minchat Shlomo 1:51(22), and Shevet HaAretz (Kuntres Acharon pg 118) argue that [[Etrog]] is unique. Given that these fruits are subject to doubt, Mishpitei Aretz (8:6) writes one should be careful not to separate from fruits of others years onto them. With regards to separating from within the fruits themselves, the Chazon Ish (Sheviyit 7:16) writes that in a case where these fruits ripen in the 2nd year (before Tu Beshevat) but aren't picked until the 3rd year (after Tu Beshevat) [or if these fruits would ripen in the 3rd year and be picked in the 4th year] one should take both Maaser Sheni and then after redeeming the Maaser Sheni one should take also Maaser Ani which should be given to the poor. This is also the opinion of Sh”t Mishpat Cohen 51:2 and Sefer Aser TeAser (pg 546). However, Chazon Ovadyah (Tu Beshevat pg 44-46) argues that in cases of doubt one doesn’t have to give Maaser Ani (and proves it from the Rambam (Maaser Sheni 1:11).</ref>
===Separating from different species onto each other===
#One may not take Trumot and Maaserot from one species<ref>The Mishnah Trumot 2:6 teaches that species are determined by what's considered Kila'im with one another. See also Rambam Trumot 3:5 and Derech Emunah Ad. Loc.</ref> onto another. If one did take Trumah or Maaser in such a manner one’s action is ineffective and he must take Trumah and Maaser again properly.<ref>Mishnah Trumot 2:4; Rambam Trumot 5:2; Shulchan Aruch Y.D. 331:53.</ref>
===Separating from the exempt onto the obligated===
#One may not separate from produce that are exempt from Trumot and Maaserot (e.g produce from outside of Israel, produce of a non-Jew or produce that has already had Trumot and Maaserot separated from it) on behalf of produce that are obligated in Trumot and Maaserot. If one did take Trumah or Maaser in such a manner one’s action is ineffective and he must take Trumah and Maaser again properly.<ref>Mishnah Trumot 1:5; Rambam Trumot 5:12; Shulchan Aruch Y.D. 331:58.</ref>
##Similarly, one shouldn't separate from safeik (uncertain) Tevel onto definite Tevel or vise versa.<ref>Mishpitei Aretz 8:10. Similarly, 8:11 states that one who doubts a hashgacha and separates Trumot and Maaserot out of uncertainty should only separate from each batch onto itself, as each batch is a new safeik regarding the mashgiach's separation of Trumot and Maaserot.</ref>  If one did take Trumah or Maaser in such a manner they should consult an expert.
##Ideally, one should not separate produce obligated in Trumot and Maaserot by one rabbinic enactment (e.g produce nowadays) onto produce obligated by two rabbinic enactments (e.g produce nowadays that was grown to be sold<ref>The Chazon Ish (Demai 12:19; see also Derech Emunah Trumot 1:8 Biur Halacha s.v. m'heichan where he seems to disagree, see the next footnote to this page) gives this example. See Rambam Maaser 2:1 that produce grown to be sold is only obligated in Trumot and Maaserot on a derabanan level. See also Mishpitei Aretz chapter 8 fn. 28 for an extensive discussion on the topic.</ref>), or vise versa.<ref>Beit Yosef Y.D. 330; Mishneh L'melech Trumot 5:17 and Chazon Ish Demai 12:19. The Turei Even (Megillah 19b) disagrees with this entire idea and writes that all levels of derabanan are equal. Rav Chaim Kanievsky (Derech Emunah Trumot 1:8 Biur Halacha s.v. m'heichan) takes a middle approach in that there's no difference between one or two dinei derabanan, however, not all dinei derabanan are created equal [he thinks some are stringent and some are lenient].</ref>  If one did take Trumah or Maaser in such a manner his actions are effective and the produce is permitted.<ref>Mishpitei Aretz 8:14 fn. 30 citing from many Achronim. There is a unique opinion of the Levushei Srad (cited Ibid.) who writes that the Trumah is completely ineffective.</ref>
#One may not separate Trumot and Maaserot from produce that is attached to the ground onto produce that has already been harvested, or vise versa, or from attached produce onto attached produce. If one did take Trumah or Maaser in such a manner one’s action is ineffective and he must take Trumah and Maaser again properly.<ref>Kiddushin 62a; Rambam Trumot 5:9; Shulchan Aruch Y.D. 331:55; Mishpitei Aretz 8:15 fn. 53. See Mishpitei Aretz 8:16-17 who discusses the potential to separate onto the attached to the ground with the intent that the Trumot and Maaserot shouldn't take effect until they are harvested.</ref>
===Separating from the bad onto the good===
#Nowadays, one may separate Trumah, Trumat Maaser and Maaser Sheini from the lower quality produce onto the higher quality produce.<ref>Brachot 39b teaches that one should only take Trumot and Maaserot from the choicest of his produce. Rambam (Trumot 5:1) cites it accordingly. The Shulchan Aruch (Y.D. 331:52; see also Biur Hagra Ad. Loc. who gives a slightly different explanation), however, reasons that nowadays since the Trumah is going to waste (as we are all Tameih- see section regarding Trumah) there is no reason to separate from the choicest. Similarly, Mishpitei Aretz 8:19 fn. 39 reasons that Maaser Sheini also doesn't need to be separated from the choicest as we are unable to eat it in Yerushalayim. Nonetheless, regarding Maaser and Maaser Ani, which are given to the Levi and the Ani (see sections regarding Maaser and Maaser Ani) should be given from the choicest of the produce.</ref>
#One should ideally separate Maaser and Maaser Ani from his higher quality produce.<ref>Shulchan Aruch Y.D. 331:52; Mishpitei Aretz 8:19. It is significant to note that if one did separate his Maaser and Maaser Ani from the lower quality produce, his actions are effective and he doesn't need to separate again (Rambam Trumot 5:3; Mishpitei Aretz 8:18).</ref>
##Some say that since nowadays we don't give Maaser to Levi'im, one may separate even his Maaser from the lower quality produce.<ref>Rav Chaim Kanievsky in Derech Emunah Trumot chap. 5 tziyun halacha 19.</ref>
===Separating on Shabbat and Yom Tov===
#One may not separate Trumot and Maaserot on Shabbat and Yom Tov.<ref>Rambam Shabbat 23:9; 23:14; Shulchan Aruch O.C. 339:4; 524:2; Mishpitei Aretz 19:1. The Rambam cites two reasons behind this rabbinic prohibition: 1. separating Trumot and Maaserot is similar to being Makdish something to the Beit Hamikdash 2. by separating Trumot and Maaserot one is "fixing" the food which is a prohibition of m'Takein.</ref>
##If one is pressed for time and needs his produce for Shabbat/Yom Tov he may make a special stipulation on Erev Shabbat/Yom Tov and then do a regular separation on Shabbat/Yom Tov itself.<ref>For more details on the exact wording and application of this stipulation see Mishpitei Aretz pg. 250-255.</ref>

== ''Min Hamukaf'' (lit. from that which is together) ==

# Trumah Gedolah should be separated ''Min Hamukaf.''<ref>Mishnah Challah 1:9; Rambam Trumot 3:17; Shulchan Aruch Y.D. 331:25. 

* Most Rishonim (see Rashi Sotah 30a, Tosfot Yevamot 92b, Rash Bikkurim 2:5, Rashba, Ritva and Ran Gittin 30b, amongst many others- for a more detailed list see Derech Emunah Trumot 3:17 Tziyun Halacha 262) assume ''Min Hamukaf'' is a din Deoryta learned from the pasuk 'והרמותם ממנו', מן המוקף לו. 

* Some Rishonim (see Rashi Gittin 30b, Ritva Bava Metziah 38a quoting from his Rebbe, Raavad Trumot 3:20, amongst others- for a more detailed list see Derech Emunah Trumot 3:17 Tziyun Halacha 265) are of the opinion that it is only a din Derabanan and the ''drasha'' is only an ''asmachta''. </ref> Nevertheless, if it wasn't, the Trumah is still effective.<ref>Rambam Trumot 3:17; Shulchan Aruch Y.D. 331:25; Mishpitei Aretz 12:1. 

* See, however, Maadanei Aretz 4:17:3 who suggests to revoke the separation. For more details on revoking separation see Mishpitei Aretz chapter 18.</ref> 
## Ideally one should separate Trumat Maaser ''Min Hamukaf''. 
## Some are of the opinion that Maaser Rishon should be separated ''Min Hamukaf''. 

==Who Can Separate?==
#Only the owner may separate Trumot and Maaserot from his produce.<ref>Mishnah Trumot 1:1; Rambam Trumot 4:1; Shulchan Aruch Y.D. 331:30.</ref>
##Adult family members living with and supported by the owner may separate the household produce, even without explicit permission.<ref>See Rambam Trumot 4:12; Mishpitei Aretz 9:6 fn. 7 citing from Rav Nissim Karelitz and Rav Elyashiv.</ref>
##A guest may separate from his individual portion of food, even without permission from his host.<ref>Yerushalmi Demai 7:1; Chazon Ish Demai 9:22; Mishpitei Aretz 9:8. If, however, one knows that the host specifically does not want him to separate Trumot and Maaserot, see Mishpitei Aretz Ibid. fn. 13.</ref>
#One may appoint a messenger to separate Trumot and Maaserot from his produce.<ref>Rambam Trumot 4:1; Shulchan Aruch Y.D. 331:29; Mishpitei Aretz 9:1.</ref>
##The owner can also explicitly allow someone to separate from any future produce acquired.<ref>The Trumat Hadeshen (188, cited also in Shulchan Aruch Y.D. 328) writes that a person may separate Challah if they have pre-existing permission. Although this permission doesn't transform them into a shliach, there's a halchic concept known as ''zachin'' (acquiring on behalf of someone else) which enables a person to act in favor of his fellow. Therefore, if the owner expresses his will for his fellow to spearate Trumot and Maaserot on his behalf, then the fellow through ''zachin'' may do so. This is the halachic conclusion of Rav Chaim Kanievsky (Derech Emunah Trumot, Biur Halacha 4:1 at the end citing from the Chazon Ish) and Mishpitei Aretz 9:5 conclude in accordance with this opinion. This is the common practice of many Kashrut organizations, enabling the Mashgichim to separate Challah/Trumot and Maaserot from the owners dough/produce (see [https://oukosher.org/content/uploads/2013/02/Daf-12-3.pdf OU policy regarding Challah]; see Mishpitei Aretz chap. 9 fn. 9 who contends that maybe by businesses with non-shomer Torah u'Mitzvos owners this isn't the case). [There is an opinion of the Ketzot Hachoshen 243:8 who disagrees; see Derech Emunah Biur Halacha Ad. Loc. who discusses it at legnth].</ref>
#One may separate Trumot and Maaserot from one's own produce on behalf of a friend's produce.<ref>Rambam Trumot 4:2; Shulchan Aruch Y.D. 331:30; Mishpitei Aretz 9:4. However, there is the opinion of the Maharit Algazi (Bechorot 1:7, cited in Derech Emunah Trumot 4:2 si'if katan 19) who writes that the separation is only effective if the owner acquiesces afterwards [see Derech Emunah Ibid., Tziyun Halacha 74].</ref> A bracha is recited in such a case.<ref>See Derech Emunah, Biur Halacha Trumot pg.116 who discusses this issue. He seems to conclude that the common custom is to recite a bracha even when the mitzvah is being performed through the mechanism of zachin. This is also the policy of the OU ([https://oukosher.org/content/uploads/2013/02/Daf-12-3.pdf OU Challah Policy)] regarding separating challah through the mechanism of zachin.</ref>
#A minor cannot separate Trumot and Maaserot, even from their own produce.<ref>Rambam Trumot 4:2; Shulchan Aruch Y.D. 331:30; Mishpitei Aretz 9:9 (see 9:10-11 with regards to the case of ''mufla samuch l'ish'' i.e a boy who is 12 years old).</ref>

== Sources ==