Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

From Halachipedia

Trumah Gedolah

  1. Trumah Gedolah (lit. great or large)[1] is the first to be separated[2] and it is given to a Kohen.[3] A Kohen may keep his own Trumah that he separated.[4]
  2. Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body) and can't eat Trumah[5] there is no obligation to give it to them.[6]
    1. The Trumah should be buried.[7] Alternatively, one can wrap it up and place it in the garbage.[8]
    2. Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.[9]
  3. Any amount separated is sufficient to fulfill the obligation of Trumah.[10]
  4. Trumah should be separated min hamukaf (lit. from that which is together). See The Rules of Separating Trumot and Maaserot for more.

Maaser Rishon

  1. Maaser Rishon (lit. the first tithe) is second to be separated[11] and is given to a Levi.[12] A Kohen or Levi may keep their own Maaser that they separated.[13]
  2. One must separate exactly 10% of the entire produce for Maaser.[14]
  3. Even nowadays Maaser may be eaten.[15] Some Yisraelim give their definite Maaser to Levi'im to eat,[16] others eat it themselves.[17]
    1. Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift[18], and then receiving the Maaser back as repayment for the loan.[19]
  4. Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.[20]

Trumat Maaser

  1. Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.[21] A Kohen may keep his own Trumat Maaser that he separated.[22]
  2. Trumat Maaser has the same status as Trumah and may not be eaten nowadays.[23]
  3. A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.[24]

Maaser Sheini

  1. In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.[25] In terms of how we calculate the year for Maaserot see The Rules of Separating Trumot and Maaserot.
  2. Maaser Sheini is fourth to be separated and is an exact 10% portion taken from the remaining produce. Maaser Sheini is either eaten in Jerusalem- b'taharah (lit. with purity) when there's a Beit Hamikdash-[26] or redeemed onto a coin used to purchase food there.
  3. Nowadays, when there's no Beit Hamikdash, and we are all Tameih, impure, the custom is to redeem the Maaser Sheini onto a coin worth a prutah. Once the Maaser Sheini is redeemed it may be eaten by anyone.
    1. The Chazon Ish

Maaser Ani

Sources

  1. ↑ Trumah Gedolah is synonymous with regular Trumah. The Yereim (146) writes that it is called Gedolah, great, because it is the first of the tithes to be separated. Additionally, there is no set amount and one could give large quantities of it so it is called "large." The Sefer Hachareidim (chapter 7) and the Shlah (letter ק, Kedushat HaAchilah Maachalot Asurot chap. 5) explain that it is called Gedolah as a euphemism as on a Torah level an little amount is sufficient. See Mishpitei Aretz chapter 11 fn. 1 who discusses this at length.
  2. ↑ Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.
  3. ↑ Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.
  4. ↑ Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.
  5. ↑ Rambam Trumot 7:1-3. There are two separate prohibitions when it comes to Tumah and Trumah: 1. a Tameih Kohen who eats Trumah is chayav mitah bidei shamayim 2. a Tahor Kohen who eats Trumah Tmei'ah violates a Mitzvat Aseih.
  6. ↑ The Radvaz (Sh"t 1:731) writes that we don't give Kohanim Trumah nowadays as we are worried it may be handled improperly and potentially even eaten. The Chazon Ish (Shvi'it 5:4; 5:12) adds that we don't know who is certainly a Kohen [see also Derech Emunah Trumot perek 2 si'if katan 139; perek 6 si'if katan 20].
  7. ↑ The Sefer Hatrumah (Hilchot Eretz Yisrael) and the Smag (Lo Taaseih 258) write that tameih Trumah should only be burned, not buried (based off of the Mishnah Temurah 33b). Nevertheless, the Chazon Ish (Shviit 5:10, Maaserot 7:13; see also Derech Emunah Trumot chap. 2 Tziyun Halacha 394 who cites similarly from the Kaftor v'ferach and Radvaz) writes that Trumah is buried due to the difficulty of burning it and the potential for accidentally coming to eat it. This is the formative Halacha cited in Mishpitei Aretz 11:5. Rav Chaim Kanievsky (Derech Emunah Trumot perek 2 si'if katan 139 at the end) adds that Trumah should be buried in a timely fashion in order to avoid any misuse.
    • With regards to Tahor Trumah [i.e Trumah that has not touched any of the seven liquids- water, wine, blood, honey, milk, dew and oil- since it was cut from the ground] everyone agrees that it shouldn't be burned, rather buried (Derech Emunah Ibid. 395). [See also Derech Emunah Trumot perek 2 si'if katan 139 for a discussion about feeding Tahor Trumah to the animal of a Kohen.]
  8. ↑ Derech Emunah Trumot chap. 2 si'if katan 139. This was the practice of the Steipler and the Chazon Ish (see Orchot Rabbeinu vol. 3 page 229 in the new editions).
  9. ↑ Maharit (1:85) and Shiyarei Knesset Hagedolah (Haghat Hatur Y.D. 331:23) explain that normally there isn't so much value to Trumah as we are all Tameih, however, by oil where there is the value of burning it, it should be given to a Kohen. See Mishpitei Aretz 11:5 who cites this opinion; this opinion is predicated upon the fact that Kohanim nowadays have the full status of Kohanim. The Chazon Ish (Shviit 5:4 amongst many other places) disagrees.
    • Rav Moshe Shternbuch (Sh"t Teshuvot v'Hanhagot 4:252) is inclined to say that we should try to fulfill the Mitzvah of giving Trumah to a Kohen [for fire or fodder- see Derech Emunah (perek 2 si'if katan 139 and Tziyun Halacha 389, 401) who limits feeding to animals only to Trumah Tehorah, Rav Shternbuch, however, thinks it can be done even with Trumah Tmei'ah].
    • It is important to note that a non-Kohen is not permitted to burn Trumah for his own use (see Mishpitei Aretz 11:6 and Derech Emunah Trumot perek 2 si'if katan 139).
  10. ↑ On a Torah level, any amount is separated is sufficient to fulfill the obligation of Trumah. However, m'Derabanan the rabbis instituted that a generous person gives 1/40, an average person gives 1/50 and a stingy person gives 1/60. Nowadays, where the Trumah doesn't get used, we follow the Torah obligation to separate any amount (see Rambam Trumot 3:1-2; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1).
    • According to those who hold that we give Trumah oil to Kohanim to burn today, one should give according to the amount to fulfill the derabbanan obligation (see Maharit 1:85; Mishpitei Aretz chap. 11 fn. 11).
  11. ↑ If it was separated first, before Trumah, see Rambam Trumot 3:23; Chazon Ish Shvi'it end of siman 1; Mishpitei Aretz 13:2, and chap.18.
  12. ↑ Bamidbar 18:21; Rambam Maaser 1:1.
    • The Rambam adds that Maaser can even be given to a female Levite. Derech Emunah (Maaser chap. 1 si'if katan 8) cites from many Rishonim that even a female Levite married a Yisrael can still receive Maaser.
    • Some are of the opinion that Maaser may be given to Kohen (see Rama Y.D. 331:19, Mishpitei Aretz chap. 13 fn. 8).
  13. ↑ Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.
  14. ↑ Rambam Maaser 1:14-15 writes that one needs to separate exactly 10% of the volume, weight or count. See Mishpitei Aretz 18:7 who writes that the preferred method to measure is according to its weight.
    • However, this is only applicable to one who physically separates out his Maaserot. Nowadays, the common custom is to leave the produce attached when separating Maaserot and to verbally refer to 10% of the produce.
  15. ↑ Maaser has no kedusha, therefore it may be eaten even by a Tameih Yisrael or a non-Jew. See Bamidbar 18:27; Rambam Maaser 1:2; Derech Emunah Ad. Loc. si'if katan 10-11.
  16. ↑ Sh"t Maharit (1:85) writes that one must give his Maaser to a Levi. Rav Betzalel Asheknazi (Sh"t R' Betzalel Asheknazi end of siman 2) goes so far as to say that one who eats his Maaser is considered to have stolen from Shevet Levi. The Derech Emunah (Trumot chap. 6 tziyun halacha 78) cites from the Kaftor Vaferach that one should ideally give his Maaser to a Levi. This is also the opinion of Rav Moshe Shternbuch (Sh"t Teshuvot v'Hanhagot 4:252).
    • However, everyone agrees that by safeik Maaser you don't need to give it to a Levi (see Derech Emunah Ibid.). Rabbi Daniel Mann notes in his article to the Jewish Link that most produce without hashgacha in the Israeli markets are only a safeik tevel and one wouldn't need to give the Maaserot that he separated to a Levi.
  17. ↑ The Chazon Ish (Shvi'it 5:12; Derech Emunah Trumot chap. 6 si'if katan 20) writes that since the lineage of Levi'im lineage is only confirmed by their own testimony, there is no obligation to give them Maaser Rishon.
  18. ↑ This is the opinion of Shmuel in the Gemara Gittin 30a. The Rambam (Maaser 7:6) cites this as the formative halacha. See also Mishpitei Aretz chap. 17 fn. 17 who cites Rav Elyashiv and the Chazon Ish as following in accordance with this. For more details in how to effectively give over the Maaserot, i.e which methods of Kinyanim work, see Mishpitei Aretz 17:11 at legnth.
    • There is, however, the opinion of Ulah in the Gemara Gittin who states that one does not need to be mezakeh the Maaserot to the Levi. This may be the formative psak of the Rama Y.D. 257:5, see Shach Ad. Loc.
    • Additionally, repeatedly giving Maaserot to the same Levi establishes him as a Makirei Levi (lit. a recognized Levi), eliminating the need for a kinyan to fulfill the giving obligation. See Gttin 30a; Rambam Maaser 7:6.
  19. ↑ Gittin 30a; Rambam Maaser 7:5-6; see also Mishpitei Aretz 17:9. The Rambam (7:7) adds that one may even value the Maaserot at a cheap market value, thus enabling him to keep more Maaserot for the money he lent. The Chazon Ish (cited in Derech Emunah Biur Halcha 7:7) clarifies that one shouldn't value the Maaserot to less than one third of the produce's market value [this is true even if an explicit stipulation is going to be made- see Derech Emunah 7:7 si'if katan 42].
  20. ↑ Rambam Maaser 1:5.
  21. ↑ Rambam Trumot 3:10, 12.
  22. ↑ Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.
  23. ↑ Bamidbar 18:27, Rashi Ad. Loc.
  24. ↑ Rambam Trumot 3:12; Shaarei Tzedek of the Chochmat Adam 10:10; Chazon Ish Maaserot 7:14. The Maharit (1:85) and Orim Gedolim (limud 67) argue, see Mishpitei Aretz chap. 13 fn. 26.
  25. ↑ Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.
  26. ↑ Rambam Maaser Sheini 3:1.
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