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[26] taken from the remaining produce.[27] Maaser Sheini is eaten[28] in Yerushalyim, when there's a Beit Hamikdash[29] b'taharah (lit. with purity).[30] Alternatively, if one is far from Yerushalayim, he may redeem his Maaser Sheini onto a coin and which is in turn used to purchase food there.[31]
  3. Nowadays, when there's no Beit Hamikdash and we are all Tameih, impure, the custom is to redeem Maaser Sheini. Once the Maaser Sheini is redeemed it may be eaten by anyone.[32]
    1. Maaser Sheini produce can be redeemed onto a coin worth a Prutah (1/40 gram of pure silver).[33] The produce may be of a much greater value than the Prutah that it is being redeemed upon.[34]
      1. Multiple redemptions are allowed on the same coin, provided there is an unredeemed Prutah on the coin.[35] One should make a special mark on this coin to avoid using it for personal purposes.[36]
      2. The coin should be of practical use in the place of the redemption.[37]
      3. One should not to use paper bills for redemption of Maaser Sheini.[38]
    2. One may not redeem produce worth less than a Prutah onto a regular coin.[39]
      1. Produce worth less than a Prutah can be redeemed onto a coin already used for other redemptions worth a prutah (known in Halacha as ma'ot Rishonot).[40] When one redeems in a such a fashion he adds m'chulal hu v'chumsho b'shovyo. to his pidyon recitation.[41]
    3. In the times of the Beit Hamikdash, if the owner of the produce was to redeem his own fruits on his own coin he would add 1/5 to the value of the fruits.[42] Some say that nowadays this doesn't apply and even an owner redeems his produce on a Prutah.[43] Others say that the owner should redeem his produce on 1.25[44] Prutah

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. ↑ Avot 1:17; Trumot 4:6; Eiruvin 50a; 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. ↑ Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.
  27. ↑ Rambam Maaser Sheini 1:1.
  28. ↑ The Rambam (Maaser Sheini 2:1) writes that the owners of the produce should eat it [see Ramban Shichichat Ha'asin 1 who counts this achilah as a separate mitzvah; see also Minchat Chinuch Mitzvah 442].
    • See Derech Emunah Maaser Sheini 8:11 Biur Halacha s.v. mi who discusses if one can give his Maaser Sheini to someone else to eat.
  29. ↑ Makkot 19b; Rambam Maaser Sheini 2:1.
  30. ↑ Yevamot 73b; Rambam Maaser Sheini 3:1.
  31. ↑ Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8.
  32. ↑ Rambam Maaser Sheini 4:1.
  33. ↑ Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.
  34. ↑ In the times of the Beit Hamikdash one ideally would redeem fruits of equal or less value to the coin (see Rambam Maaser Sheini 4:18). However, even so, b'dieved any amount of fruits can be redeemed onto a even a single Prutah (See Bava Metziah 57a and Rambam Ibid.). Since Maaser Sheini cannot be eaten today, the Geonim (cited in Rambam Maaser Sheini 2:2) permitted redeeming fruits worth more than the Prutah onto which they are redeemed.
    • The Rambam (Maaser Sheini 2:2) does note that the custom of the pious is to only redeem fruits of equal value to the coin. However, Mishpitei Aretz (chap. 15 fn. 7) notes that none of the major Achronim [including the Shulchan Aruch- see Y.D. 331:133] bring this custom down l'halacha. Derech Emunah (Maaser Sheini chap. 2 si'if katan 10 citing from the Gra Y.D. 294:20) also writes that our custom is to be lenient.
  35. ↑ The Shulchan Aruch (Y.D. 331:133) writes that after redeeming Maaser Sheini onto the coin one should throw it into the Yam Hagadol (lit. the big sea, i.e the Mediterranean). However, the Kaftor Vaferach (chap. 40) writes that the custom is to save the coin for future redemptions until it's value runs out. The Derech Emunah (Maaser Sheini chap. 2 si'if katan 10) notes that this is the common practice nowadays.
  36. ↑ See Mishpitei Aretz 15:2.
  37. ↑ Rambam Maaser Sheini 4:10. The Shulchan Aruch (Y.D. 331:138) writes that nowadays there may be extra room for leniency given that we don;t actually eat Maaser Sheini. Nevertheless, one should be careful to try and only redeem Maaser Sheini onto a coin that is of common practical use in the place that he's in.
    • With regards to someone in Eretz Yisrael redeeming his Maaser Sheini onto American coins, Rav Nissim Karelitz thought this would be problematic, but the Minchat Yitzchak is lenient (see Mishpitei Aretz chap. 15 fn. 27) Rav Shlomo Zalman Auerbach (Minchat Shlomo 71:27, cited in Mishpitei Aretz Ibid.) seems to lean torwards being lenient, but concludes that the matter requires more examination.
  38. ↑ See Sh"t Chatam Sofer Y.D. 132 who permits redemption visa vie paper currency. However, the Chazon Ish (Demai 3:12) notes that the practice is not to do so. Nonetheless, see Mishpitei Aretz (chap. 15 fn. 24) who writes that if one mistakenly redeemed his Maaser Sheini onto paper currency the money should not be used for personal needs.
  39. ↑ The Gemara Bava Metziah 52b-53b teaches that Maaser Sheini worth less than a prutah cannot be redeemed in regular fashion. The Rishonim (see Derech Emunah Maaser Sheini chap. 5 siif katan 19) debate what is the status of this Maaser Sheini. Rashi and Tosfos (Bava Metziah 53b) write that it is Maaser Sheini on a Torah level, just it can't be redeemed. On the other extreme, the Raavad (cited by the Shitah Mekubetzet Bava Metziah 53b) and Rosh (cited Ibid. 53b) are of the opinion that it is Maaser Sheini only a Derabanan level [see Chazon Ish Demai 3:13 in the brackets and Sh"t Minchat Shlomo 2:67:3 for more on this]. The Chazon Ish (Demai 3:13) points out that this also seems to be the opinion of the Rambam (Maaser Sheini 2:9). The Ritva (Bava Metziah 52b s.v. gufa) takes a middle approach that on a Torah level one may not eat the Maaser Sheini outside of Yerushalayim, however, there is no Torah obligation to eat or redeem the Maaser Sheini and it may be left to rot.
    • The Amoraim (Bava Metziah 53b) debate whether the Maaser Sheini itself must be worth a prutah or even the 1/5 that one adds must be worth a prutah i.e the Maaser Sheini must be worth 4 prutot. The Tur (Y.D. 331), Chazon Ish (Demai 3:15 s.v. naktinan) and Rav Shlomo Zalman Auerbach (Sh"t Minchat Shlomo 2:67:11) write that the formative halacha is that only the Maaser Sheini itself needs to be worth a prutah to be redeemed. However, the Rambam (Maaser Sheini 5:4) cites the latter opinion as the formative halacha. Nevertheless, the Chazon Ish (Demai 3:13) notes that elsewhere (Maaser Sheini 4:9) the Rambam implies that one could redeem produce worth only prutah. Therefore, the Chazon Ish explains that really everyone agrees you can redeem produce worth only a prutah, and the opinion that the 1/5 needs to be worth a prutah was only stated with regards to the status of the Maaser Sheini itself (Deoryta or Derabanan), not the ability to redeem it. In a similar vein, Rav Shlomo Zalman Auerbach (Sh"t Minchat Shlomo 2:67:11) writes that the Rambam required the 1/5 to be worth a prutah only with regards to the obligation to add 1/5, not with the status of the Maaser Sheini itself. [See Rambam Maaser Sheini 2:9 which seems to be difficult in light of this approach. Rav Shlomo Zalman claims there is a mistaken text- see Ritva Bava Metziah 53b and Ohr Sameach to Bava Metziah 53b.]
    • Nevertheless, because of the opinion of the Rambam, that if the 1/5 isn't worth a prutah then there's no Torah obligation to add a 1/5, the Chazon Ish writes that one should redeem the Rabbinic 1/5 separate from the pidyon onto the prutah of the Maaser itself i.e he should say hu v'chumsho m'chulal al prutah urevi'ah.
    • Additionally, some (see Sh"t Minchat Shlomo 2:67 at the end) are stringent for the opinion of Rashi and Tosfos that if the 1/5 isn't worth a prutah then the Maaser Sheini can't be redeemed.
  40. ↑ Bava Metziah 52b; Chazon Ish Demai 3:15; Sh"t Minchat Shlomo 2:67:11.
    • Rav Kook (Sh"t Mishpat Kohen 53-54) was of the opinion that nowadays when we redeem Maaser Sheini only onto a prutah, previously used coins are ineffective. Rav Shlomo Zalman Auerbach (Sh"t Minchat Shlomo 2:67:11) rejects this idea.
  41. ↑ Nusach Hafrashah l'Hachazon Ish (cited in Mishpitei Aretz chap. 15 fn. 28) based on Bava Metziah 52b and the Ritva Ad. Loc.
  42. ↑ Vayikra 27:31; Rambam Maaser Sheini 5:1.
  43. ↑ The Chazon Ish (Demai 3:16) writes that the owner redeems the produce with the 1/5 (he references both in his receitation) on a single Prutah.
    • The Kaftor Vaferach (chap. 40) is of the opinion that the owner doesn't even need to mention the additional 1/5 in the redemption recitation. However, this is not the common practice.
  44. ↑ A halchic 1/5 is calculated "m'lbar" (from the outside) by adding 1/4 to the principal. Subsequently, taking 1/5 of that "outside" sum yields the original principal. In other words, we add an amount which 1/5 of the sum is the principle.
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