Trumot and Maaserot

From Halachipedia

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).

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.[4]
  2. Produce grown in Eretz Yisrael and then exported is obligated in Trumot and Maaserot.[5]

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. [6]
  2. Produce grown by a non-Jew which a Jew has completed it’s processing is obligated in Terumot and Maaserot. [7]
  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. [8]

Which Types of Produce?

  1. 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[9] produce or grain that grows from the ground has a rabbinic obligation to separate Trumot and Maaserot.[10]
  2. Even trace amounts of Tevel in a dish render the dish subject to Trumot and Maaserot.[11]
  3. Both solids and liquids are obligated in Trumot and Maaserot.[12]
    1. Some are of the opinion that Trumot and Maaserot can't be separated from fruit juices.[13]
  4. Hydroponic produce may require tithing (Trumot and Maaserot); one should separate without a blessing.
  5. Animal food crops that are grown for animal food are exempt from Trumot and Maaserot.[14]
    1. Human food crops that are grown to be used for animal food need to be separated out of doubt.[15]
  6. Spices that are only used to flavor dishes are exempt from Trumot and Maaserot.[16]
    1. Some are stringent to always separate Trumot and Maaserot from tea leaves.[17]

General Rules of Separating

Separating 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. [18]
  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. [19] During the Shemitta year all the produce of the field is Hefker (ownerless) and so there’s no obligation of take Trumot and Maaserot. [20]

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. [21]
  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. [22]
  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. [23]

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 and Derech Emunah to hilchot Trumot 1:7.
  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 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.
  5. ↑ 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.
  6. ↑ Rambam (Hilchot Terumot 1:11) and Kesef Mishna (Terumot 1:11). Chazon Ovadyah (Tu Beshevat pg 50-52) codifies this as halacha.
  7. ↑ Rambam (Hilchot Terumot 1:11)
  8. ↑ Chazon Ovadyah (Tu Beshevat pg 52)
  9. ↑ 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). 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.
  10. ↑ 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. 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. See Mishpitei Aretz 1:1 fn. 1 who cites other opinions found in the Rishonim. 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.
  11. ↑ Rambam Ma'achalot Asurot 15:6; Mishpitei Haaretz 1:4. See general rules of separating for how to separate in such a case.
  12. ↑ 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. 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). 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.
  13. ↑ See Brisker Rav (cited in Moadim u'Zmanim 3:204) and Rav Kook (cited in Sh"t Har Tzvi Zeraim 77). If one couples this halacha with the rule cited in the previous footnote, namely that one shouldn't separate from the fruits themselves onto the juices or vise versa, then it comes out that there is no ideal way to permit these Tevel juices. 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).
  14. ↑ Gemara Shabbat 68a; Rambam Trumot 2:1-2; Mishpitei Haaretz 1:3.
  15. ↑ 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.
  16. ↑ 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.). 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.. 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.
  17. ↑ 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.
  18. ↑ Mishnah Trumot 1:5, Rambam (Hilchot Terumot 5:11), S”A Y”D 331:57, Chazon Ovadyah (Tu Beshevat pg 43)
  19. ↑ Gemara Rosh Hashana 12b, Rambam (Hilchot Matanot Aniyim 6:2-4), Chazon Ovadyah (Tu Beshevat pg 47)
  20. ↑ Rambam (Hilchot Aniyim 6:5)
  21. ↑ Gemara Rosh Hashana 12a, Rambam (Hilchot Terumot 5:11), S”A Y”D 331:57, 331:125, Chazon Ovadyah (Tu Beshevat pg 43-4)
  22. ↑ 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)
  23. ↑ 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).
Retrieved from "http://localhost:80/index.php?title=Trumot_and_Maaserot&oldid=34224"