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| Trumot and Maaserot are agricultural gifts designated for Kohanim and Levi'im. Produce that has yet to been tithed is known as Tevel. The owner takes a small portion of their Tevel produce as Trumah to a Kohen and 10% as Maaser to a Levi. The Levi, in turn, gives a portion of their Maaser as Trumat Maaser to a Kohen. Additionally, depending on the year, the owner gives either 10% to the poor (Maaser Ani) or sets aside 10% to be eaten in Jerusalem (Maaser Sheini). | | Trumot and Maaserot are agricultural gifts designated for Kohanim and Levi'im. Produce that has yet to been tithed is known as Tevel. The owner takes a small portion of their Tevel produce as Trumah to a Kohen and 10% as Maaser to a Levi. The Levi, in turn, gives a portion of their Maaser as Trumat Maaser to a Kohen. Additionally, depending on the year, the owner gives either 10% to the poor (Maaser Ani) or sets aside 10% to be eaten in Jerusalem (Maaser Sheini). |
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| ==The Obligation to Tithe== | | == General Rules of Trumah and Maaser == |
| # Nowadays, in Eretz Yisrael,<ref>It is important to note that not all places in modern-day Israel have an equal obligation of to separate Trumot and Maaserot. Contrarily, there are places outside of modern-day Israel that do require a Trumot and Maaserot to be separated. The simple rule to keep in mind is that unless the location where the produce was grown is definetly outside of any halachic Israel (e.g Eilat) Trumot and Maaserot need to be separated out of doubt (Chazon Ish Shvi'it 3:18 quoted by Rav Moshe Vay in Kashrut Hamazon pg. 40; Mishpitei Haaretz pg. 44-45, citing many Achronim, states that despite Trumot and Maaserot being Rabbinic obligations, we are stringent in separating safeik tevel, though some disagree). For a more detailed list and description of the different places, see Mishpitei Haaretz pg. 44-51 and Derech Emunah to hilchot Trumot 1:7. </ref> taking Trumot and Maaserot is only Derabbanan.<ref>Rambam (Hilchot Terumot 1:26) writes that Terumot and Maaserot is only Derabbanan nowadays, while the Raavad (Hilchot Terumot 1:26) argues that the obligation is Deoryta. The Maggid Mishna (Hilchot Terumot 1:26) writes that most Rishonim hold like the Rambam including the Smag (Mitzvah Aseh #133), Sefer HaTerumah (Hilchot Eretz Yisrael pg 80b), Rashba (Yevamot 82b, Shevuot 16b), Ritva (Yevamot 82a), and Sefer HaChinuch (Mitzvah 507). S”A Y”D 331:2 rules like the Rambam.
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| Rav Chaim Kanievsky (Derech Emunah Trumot 1:231 citing from the Chazon Ish) writes that the formative Halacha is that Trumot and Maaserot are only Rabbinic obligations. </ref>
| | * [[Obligation of Terumot and Maaserot|Obligation of Trumot and Maaserot]] |
| ##Some are of the opinion that if majority of the Jewish people live in Eretz Yisrael then Trumot and Maaserot are Biblical.<ref>Rambam Trumot 1:26 writes that the biblical status of Trumot and Maaserot is dependent on Bi'at Kulchem, the coming of all the people of Bnei Yisrael (learned out from the obligation to separate Challah; see Radvaz and Kesef Mishnah Ad. Loc. who discuss why the Rambam saw fit to compare Trumot and Maaserot to Challah). The Sefer Hachinuch (mitzvah 385) clarifies that the coming of all of Bnei Yisrael isn't required, rather only majority.
| | * [[The Rules of Separating Trumot and Maaserot]] |
| | | * [[Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani]] |
| That being said, if majority of Jews are in Eretz Yisrael then Trumot and Maaserot will be biblical obligations. This seems to be the halachic conclusion of the Torat Haaretz (cheilek 2 perek 1); Mishpitei Haaretz (3:1); Sh"t Har Tzvi (Zeraim 1:13:6); Chazon Ish (Shvi'it 3:6 and Kodshim likkutim Eirchin 13a) amongst many others (see sefer Trumat Ha'aretz published by Machon Torah v'Haaretz page 131-3 for a long list of opinions).
| | * [[Text for Separating Trumot and Maaserot]] |
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| However, there are three main reasons why this may not be so:
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| 1. Many Rishonim (see Rashba Yevamot 82b at the end; Ohr Zaruah Avodah Zarah 299; Tashbeitz 3:199; Gr"a Y.D. 331:6 citing Sefer Hatrumot- whom he disagrees with- amongst others) conclude that there is no biblical Kedusha in Eretz Yisrael anymore (''Kedusha Shniyah Batlah;'' see also Bach Y.D. 331:4 who writes that even the Rambam who writes that Kedusha Shniyah is everlasting understands that Kedusha to only be Rabbinic in nature).
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| 2. Many are of the opinion that even if majority of Jews come to Eretz Yisrael, we would still require another Kiddush of the land which will only take place in the times of Mashiach when we will fully conquer and divide the land (see Bach Y.D. 331:4; Minchat Chinuch 385:3; Sh"t Beit Halevi 3:1:11; Chiddushei Rav Chaim m'Brisk to Hilchot Shemittah v'Yovel 12:16 and Trumot 1:10; Sh"t Mishpitei Uziel Y.D. 1:21).
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| 3. The Ramban (Gittin 36a) and Rashba (Ibid.) write that for Bi'at Kulchem we require the majority from each and every tribe to dwell in Eretz Yisrael. Given that the Tribes have been lost this will not happen until the days of Mashiach. Rav Chaim Kanievsky (Derech Emunah Trumot 1:229) confers. </ref>
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| #The status of Tevel, and likewise the obligation to tithe, sets in on produce that has reached a third of its growth, also know as Onat Hamaaserot.<ref>Regarding the parameters of the third of its growth, there are two main opinions in the Rishonim: 1. Rabbeinu Chananel (Rosh Hashana 12b), Ran (Ad. Loc.), and Rash Shvi'it (4:9), among others, explain that the "third" refers to a third of the produce's final weight. 2. Rashi (Rosh Hashana 12b), Tosfos (Ibid. 13a), among others explain that the "third" refers to a third of the produce's final ripening. The Chazon Ish (Shvi'it 19:23) understands within Rambam that these two stages are one in the same. In practical terms, the Rambam writes that the barometer for whether it reached a third is when it's able to be planted and reproduce itself.
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| The Rambam (Maaser 2:3-5; see also Mishpitei Aretz 6:5-7) lays out certain external signs for when different species reach this stage. Derech Emunah (Maaser 2:5 si'if katan 28) writes that there's no specific sign for when grain reaches this stage. Additionally, even for the produce that we do have signs for, the Achronim (see Mishpitei Aretz 6:4) point out that we aren't necessarily experts in them and one should be extra careful when trying to calculate what stage his produce is at. </ref> However, one shouldn't separate Trumot and Maaserot until the produce has reached its Gemar Melacha (lit. finishing its processing).<ref>Mishnah Trumot 1:10; Rambam Trumot 5:4; Shulchan Aruch Y.D. 331:54.
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| It is important to note, that Gemar Melacha differs depending on the species of produce and how it's processed. See Mishpitei Aretz pg. 90-97 who details some of the different processing's of produce and when their Gemara Melacha occurs. </ref>
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| ##If one did separate Trumot and Maaserot after it reached a third before it finished its processing, his actions are effective.<ref>Rambam Trumot 5:4; Shulchan Aruch 331:54; Mishpitei Aretz 7:39 (see fn. 74 Ibid. who suggests maybe to revoke the separation, for more details on that see Mishpitei Aretz chap. 18). </ref>
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| #The Bracha "''ברוך אתה ה' אלוקינו מלך העולם אשר קידשנו במצותיו וצוונו להפריש תרומות ומעשרות''" is recited upon separating.<ref>Rambam (Trumot 2:16) writes that there is an obligation to make a Bracha upon separating untithed produce even nowadays. Shulchan Aruch Y.D. 331:78 and Chazon Ovadyah (Tu Beshevat pg 47-49) agree. There is an outlier opinion of the Shulchan Gavoha 331:15 that since the obligation is only Derabbanan one shouldn’t make a Bracha nowadays. Nonetheless, he custom is to recite a Bracha.</ref>
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| === Produce outside of Israel ===
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| # There is no obligation to take Trumot and Maaserot off of produce grown outside of Eretz Yisrael.<ref>Rambam Trumot 1:6. However, if the gmar melacha (completion of the processing) was done in Eretz Yisrael then the produce is obligated to be separated. </ref>
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| # Produce grown in Eretz Yisrael and then exported are obligated in Trumot and Maaserot.<ref>Some (see Sh"t Maharsham 1:72; Rav Kook Mishpat Kohen 46, amongst others) are lenient regarding produce that was grown in Eretz Yisrael with the intent to export them. However, the Chazon Ish (Demai 15:4) and Rav Shlomo Zalman Auerbach (Maadanei Aretz 1:22:1) conclude to be stringent. The formative Halacha brought in Mishpitei Aretz 3:12 is to be stringent. </ref>
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| ## Some are of the opinion that if the Gemar Melacha happened in Chutz la'Aretz (lit. outside of Israel) then the produce are exempt from Trumot and Maaserot.<ref>Rambam Trumot 1:22 according to the conclusion of the Chazon Ish (Demai 15:4; see Mishpitei Aretz 3:11 fn. 34). The Bach (Y.D. end of siman 331), however, writes that the Rambam's opinion is that all produce are exempt in Chutz la'Aretz, even if the Gemar Melacha took place in Eretz Yisrael. </ref> Others are of the opinion that they are obligated.<ref>Ra'avad Trumot 1:22.</ref>
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| === Produce of a non-Jew<!-- redo -->===
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| # Produce which a non-Jew grew on non-Jewish land and then brought to the market is exempt from Terumah and Maaserot. <ref>Rambam (Hilchot Terumot 1:11) and Kesef Mishna (Terumot 1:11). Chazon Ovadyah (Tu Beshevat pg 50-52) codifies this as halacha. </ref>
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| # Produce grown by a non-Jew which a Jew has completed it’s processing is obligated in Terumot and Maaserot. <ref>Rambam (Hilchot Terumot 1:11) </ref>
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| # If a non-Jew brought grapes to market and then a Jew bought them to eat or to make wine the grapes are exempt from Terumot and Maaserot unless the non-Jew harvested the grapes in order to make wine in which case if the Jew buys the grapes and makes wine there is an obligation of Terumot and Maaserot. <ref>Chazon Ovadyah (Tu Beshevat pg 52) </ref>
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| === Ownerless produce ===
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| # Produce that was ownerless at some point after they reached a third of their growth and before they reached Gemar Melacha (lit. finishing of their processing) don't require separation. Therefore, produce during the Shemitah year (where all the produce is ownerless) don't require separation<!--Add mekoros-->
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| == Which Types of Produce? ==
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| # On a biblical level, only the 5 grains (wheat, spelt, rye, oat, barley), grapes (including grape juice and wine) and olives (including olive oil) are obligated in Trumot and Maaserot. However, towever, the Rabbi's instituted that any edible<ref>See Rambam Trumot perek 2. That being said, one does not need to separate Trumot and Maaserot from the peels that are not commonly eaten (Mishpitei Aretz 1:4).
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| Additionally, the Chazon Ish (Demai 15:1; see also Maadanei Aretz Trumot 2:8:3) writes that one may use soap made out of Tevel oils even if at one point in the production process they were edible. </ref> produce or grain that grows from the ground has a rabbinic obligation to separate Trumot and Maaserot.<ref>This is the majority opinion in the Rishonim; see Rashi (Brachot 36a), Tosfot (Pesachim 56b), Rash M'shantz (Maaserot 1:1), Rashba/Ritva (Shabbat 68a), amongst many others.
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| The Rambam (Trumot 2:1 according to the understanding of the Chazon Ish Shvi'it 7:25, cited also in Derech Emunah Trumot 2:1:1) is of the opinion that all fruits and grains are obligated in Trumot and Maaserot on a biblical level. However, vegetables are only a Rabbinic obligation.
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| See Mishpitei Aretz 1:1 fn. 1 who cites other opinions found in the Rishonim.
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| L'halacha (see Chazon Ish Shvi'it 7:25, Derech Emunah Trumot 2:1:1, and Mishpitei Aretz 1:1), we follow the majority opinion that only teh 5 grains, grapes and olives are biblical obligations.</ref>
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| # Even trace amounts of Tevel in a dish render the dish subject to Trumot and Maaserot.<ref>Rambam Ma'achalot Asurot 15:6; Mishpitei Haaretz 1:4. See general rules of separating for how to separate in such a case.</ref>
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| # Both solids and liquids are obligated in Trumot and Maaserot.<ref>Rambam Ma'achalot Asurot 10:22 writes that the juices that come out of the produce are Tevel. The Kesef Mishnah (Ad. Loc.) and the Chazon Ish (Maaserot 7:1) explain that even in a time where Trumot and Maaserot are Deoryta, the juices that come out of them are only obligated m'Derabanan.
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| However, many Achronim disagree with this position and write that there would be a biblical ovligation (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1).
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| Nevertheless, nowindays eveyone agrees that there is a status of Tevel Derbanan to the juices and a speparation is required. It is significant to note that the Mishpitei Aretz (Trumot 8:14) writes that ideally one shouldn't separate Trumot and Maaserot from a fruit that's obligated based on a single derbanan (e.g Tevel nowindays) onto double derabanan's (e.g Tevel juices nowindays) or vise versa.</ref>
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| ## Some are of the opinion that Trumot and Maaserot can't be separated from fruit juices, but most disagree.<ref>See Brisker Rav (cited in Moadim u'Zmanim 3:204) and Rav Kook (cited in Sh"t Har Tzvi Zeraim 77). Although the juices have an issur Tevel, they aren't subject to Trumot and Maaserot and can never be fixed even by taking Trumot and Maaserot from another fruit onto them (it would also be a problem of one derbanan onto two derabanans, see previous footnote). Rav Shternbuch (Moadim u'Zmanim 3:204) writes that this is a major stringency and one can be lenient to separate Trumot and Maaserot from the juices themselves. This is also the conclusion of the Minchat Yitzchak (5:68) and Rav Asher Weiss (Minchat Asher Al Hatorah Bamidbar pg. 331-2). </ref>
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| #Hydroponically grown produce may require tithing (Trumot and Maaserot); one should separate without a blessing.<ref>Derech Emunah Trumot perek 2 Biur Halacha s.v. Ochel; Mishpitei Aretz 1:19. See also Sh"t b'Ohala Shel Torah Zeraim 2:47 where Rav Yakov Ariel writes that m'ikar hadin they are patur, but those that can be should be stringent to separate.</ref>
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| #Animal food crops that are grown for animal food are exempt from Trumot and Maaserot.<ref>Gemara Shabbat 68a; Rambam Trumot 2:1-2; Mishpitei Haaretz 1:3.</ref>
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| ##Human food crops that are grown to be used for animal food need to be separated out of doubt.<ref>The above case is subject to debate between the Ramban (Avodah Zarah 41b) and Rosh (Tosfot Harosh Niddah 51a). See Derech Emunah (Trumot 2:2:22) and Mishpitei Aretz (1:3) who cite this debate and reach no conlcusion. Given so, it would appear as this is a case of safeik tevel which the Chazon Ish (Shvi'it 3:18; see footnote 1 on this page) writes requires tithing.</ref>
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| #Spices that are only used to flavor dishes are exempt from Trumot and Maaserot.<ref>Mishpitei Aretz 1:6. The exemption only applies to spices used in a dish to flavor it, but spices used as dips or spreads are obligated in Trumot and Maaseros (see Mishpitei Aretz Ibid.).
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| Rav Chaim Kanievsky (Derech Emunah Trumot perek 2 si'if katan 32) cites a debate regarding black pepper, as before it was dried it may have been obligated in Trumot and Maaserot, and even after it's dried some people dip their foods into it (e.g hard boiled eggs). Mishpitei Aretz (1:6) is lenient regarding black pepper..
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| It is important to note that there's a debate if sugar is obligated in Trumot and Maaserot, but nevertheless it's a moot point given all the sugar in Israel is important from Chutz la'Aretz.</ref>
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| ##Some are stringent to always separate Trumot and Maaserot from tea leaves.<ref>Rav Mordechai Eliyahu cited in Hilchot Haaretz, Machon Hatorah v'Haaretz 6:11. Mishpitei Haaretz (1:6) is lenient on the matter. The mainstream opinion cited Hilchot Haaretz (Ibid.) is to be lenient by tea leaves that aren't eaten and stringent regarding tea leveas that are at times eaten (e.g mint leaves). If one is unsure of the status of the leaves they should separate without a bracha. </ref>
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| == General Rules of Separating ==
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| === Separating produce from different years ===
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| # 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.
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| 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>
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| ==== How is a year counted for Trumah and Maaser? ====
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| # 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>
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| ## 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>
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| # 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.
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| Regarding the parameters of a third of its growth is see section "The Obligation to Tithe."</ref>
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| # 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>
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| ## 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>
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| ### 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.
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| 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>
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| === Separating from different species onto each other ===
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| # 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>
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| === Separating from the exempt onto the obligated ===
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| # 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>
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| ## 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.
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| ## 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.
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| The Turei Even (Megillah 19b) disagrees with this entire idea and writes that all levels of derabanan are equal.
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| 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>
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| #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.
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| 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>
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| === Separating from the bad onto the good ===
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| # 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>
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| # 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>
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| ## 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>
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| === Separating on Shabbat and Yom Tov ===
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| #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>
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| ##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>
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| == Who Can Separate? ==
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| # 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>
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| ## 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>
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| ## 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.
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| If, however, one knows that the host specifically does not want him to separate Trumot and Maaserot, see Mishpitei Aretz Ibid. fn. 13.</ref>
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| #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>
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| ##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).
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| [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>
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| # A minor cannot separate Trumot and Maaserot, even from their own produce.
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| ==Sources==
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| <references/> | | <references/> |
| [[Category:Land of Israel]] | | [[Category:Land of Israel]] |
