Trumot and Maaserot: Difference between revisions

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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. A Yisrael takes 1/50 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, a Yisrael 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 1/50 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).


==The Obligation to Tithe==
==The Obligation to Tithe==
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# There is no obligation to take Trumot and Maaserot off of produce grown outside of Eretz Yisrael.
# There is no obligation to take Trumot and Maaserot off of produce grown outside of Eretz Yisrael.
# Produce grown in Eretz Yisrael and then exported is obligated in Trumot and Maaserot.


=== Produce of a non-Jew ===
=== Produce of a non-Jew ===
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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>
# 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>
# 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>
# 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>
=== Which Produce is Obligated? ===
==Produce from different years==
==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 irrelevant and one must take Trumah and Maaser again properly. <Ref>Mishnah Trumot 1:5, Rambam (Hilchot Terumot 5:11), S”A Y”D 331:57, Chazon Ovadyah (Tu Beshevat pg 43) </ref>
# 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 irrelevant and one must take Trumah and Maaser again properly. <Ref>Mishnah Trumot 1:5, Rambam (Hilchot Terumot 5:11), S”A Y”D 331:57, Chazon Ovadyah (Tu Beshevat pg 43) </ref>

Revision as of 03:41, 16 July 2025

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 1/50 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).

The Obligation to Tithe

  1. Nowindays, in Eretz Yisrael,[1] taking Terumot and Maaserot is only Derabbanan.[2]
    1. Some are of the opinion that if majority of the Jewish people live in Eretz Yisrael then Trumot and Maaserot are Biblical.[3]

Produce Outside of Israel

  1. There is no obligation to take Trumot and Maaserot off of produce grown outside of Eretz Yisrael.
  2. Produce grown in Eretz Yisrael and then exported is obligated in Trumot and Maaserot.

Produce of a non-Jew

  1. Produce which a non-Jew grew on non-Jewish land and then brought to the market is exempt from Terumah and Maaserot. [4]
  2. Produce grown by a non-Jew which a Jew has completed it’s processing is obligated in Terumot and Maaserot. [5]
  3. 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. [6]

Which Produce is Obligated?

Produce from different years

  1. 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 irrelevant and one must take Trumah and Maaser again properly. [7]
  2. In the first, second, fourth, and fifth year of the Shemitta cycle one must take Maaser Rishon and Maaser Sheni. However, in the third and sixth year of the Shemitta cycle one must take Maaser Rishon and Maaser Ani. [8] During the Shemitta year all the produce of the field is Hefker (ownerless) and so there’s no obligation of take Trumot and Maaserot. [9]

How is a year counted for Trumah and Maaser?

  1. For vegetables the year begins on Rosh Hashana, the first of Tishrei. Trumah and Maaser are taken depending on when the vegetables were harvested. [10]
  2. For fruit trees the year begins on Tu Beshevat. Trumah and Maaser are taken depending on when the fruit on the trees ripened to the point that it is able to reproduce except the Etrog for which the Trumah and Maaser are taken depending on when it was harvested. [11]
  3. Some say that lemon, golden apple, and other citrus fruit are similar to the Etrog and depend on when they are picked while others argue that they are the same as all other fruit trees which depend on when the fruit has ripened. [12]

Sources

  1. ↑ 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.
  2. ↑ 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. 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.
  3. ↑ 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. 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). However, there are three main reasons why this may not be so: 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). 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). 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.
  4. ↑ Rambam (Hilchot Terumot 1:11) and Kesef Mishna (Terumot 1:11). Chazon Ovadyah (Tu Beshevat pg 50-52) codifies this as halacha.
  5. ↑ Rambam (Hilchot Terumot 1:11)
  6. ↑ Chazon Ovadyah (Tu Beshevat pg 52)
  7. ↑ Mishnah Trumot 1:5, Rambam (Hilchot Terumot 5:11), S”A Y”D 331:57, Chazon Ovadyah (Tu Beshevat pg 43)
  8. ↑ Gemara Rosh Hashana 12b, Rambam (Hilchot Matanot Aniyim 6:2-4), Chazon Ovadyah (Tu Beshevat pg 47)
  9. ↑ Rambam (Hilchot Aniyim 6:5)
  10. ↑ Gemara Rosh Hashana 12a, Rambam (Hilchot Terumot 5:11), S”A Y”D 331:57, 331:125, Chazon Ovadyah (Tu Beshevat pg 43-4)
  11. ↑ Gemara Rosh Hashana 12a, Rambam (Hilchot Maaser 2:4-5), S”A Y”D 331:57, 331:125, Chazon Ovadyah (Tu Beshevat pg 43-4)
  12. ↑ The Rosh 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 Shabbat HaAretz (Kuntres Acharon pg 118) argue that Etrog is unique. Chazon Ish (Sheviyit 7:16) writes that since there’s a doubt if these fruits would ripen in the 2nd year (before Tu Beshevat) and be picked in 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).
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