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Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2026-01-13T02:16:02Z

NachiScheiner: /* Maaser Ani */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large Trumah)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen who separates Trumah from his own produce may keep it for himself..<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, since all Kohanim are presumed ''Tamei l’Meit'' (ritually impure due to contact with the dead), Trumah may not be eaten.<ref>Rambam Trumot 7:1-3. There are two separate prohibitions when it comes to Trumah ''t'mei'ah'': 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''.

* A non-Kohen who eats Trumah ''b'meizid'' (purposely) is ''chayav mitah bidei shamayim'' and ''b'shogeig'' he pays the Trumah plus 1/5 back (Rambam Trumot 6:5-6). Rav Moshe Shternbuch (Sh"t Teshuvot v'Hanhagot 3:341) notes that nowadays we don't pay the Trumah and the 1/5 back. </ref> Consequently, there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''Min Hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi who separates Maaser from his own produce may keep it for himself.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim (non-Kohanim/Levi'im) give their definite Maaser to Levi'im to eat,<ref>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.</ref> while others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is the third required separation. It is 10% of the Maaser Rishon, and this portion is given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael (non-Kohen, non-Levi) may separate Trumat Maaser from the Maaser Rishon that he has not yet given to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle, Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> For how we calculate the year for Maasrot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining Tevel produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheni is eaten <ref>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.</ref> in Yerushalayim in a state of ritual purity (b’taharah)<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> when the Beit HaMikdash stands.<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# Nowadays, when there's no Beit Hamikdash and we are all ''Tameih,'' impure, the custom is to always redeem the Maaser Sheini. Once the Maaser Sheini is redeemed it may be eaten by anyone.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''prutah'' that it is being redeemed upon.<ref>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.</ref>
### One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of use in the markets of the location of redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''prutah'' left on the coin.<ref>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.</ref>
##One may not redeem produce worth less than a ''prutah'' onto a regular coin.<ref>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.]
*The Chazon Ish (Demai 3:16), based on the Rambam's view that a 1/5 addition is only required if it's worth a prutah, advises separating the redemption of the Rabbinic 1/5 from the Maaser itself (i.e., say "hu v'chumsho m'chulal al prutah urevi'ah"). [However, when the Maaser and the 1/5 are both Deoryta, then one may combine them into a single redemption onto one ''prutah'' (see Chazon Ish Ibid. and Sh"t Minchat Shlomo 2:67:13-14)]. On the flipside, the Chazon Ish (Ibid. 3:15) cautions against redeeming the 1/5 onto an entirely separate coin to avoid redeeming less than a prutah.
*Additionally, some (see Mishpitei Aretz chap. 15 fn. 33) 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.</ref>
###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'').<ref>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.
*Sh"t Bsamim Rosh (cited in Sh"t Minchat Shlomo 2:67:6) is of the opinion that this only works when the ''prutah'' belongs to the redeemer. However, Rav Shlomo Zalman (Ibid.) disagrees.</ref> When one redeems in a such a fashion he adds ''m'chulal hu v'chumsho '''b'shovyo'''.'' to his pidyon recitation.<ref>Nusach Hafrashah l'Hachazon Ish (cited in Mishpitei Aretz chap. 15 fn. 28; see also Kuntris Hilchot Trumot u'Maaserot at the end of volume 3 of Derech Emunah, pg. 754) based on Bava Metziah 52b and the Ritva Ad. Loc.</ref> For more details on the recitation see [[Text for Separating Trumot and Maaserot]].
####The Chazon Ish requires that the Maaser Sheini on the coin be of equal or higher halachic obligation to the less than a ''prutah'' Maaser Sheini that you are coming to redeem.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 30; Mishpitei Aretz 15:11.

*Maaser Sheini that is only based on one Rabbinic enacment (e.g grains, wine and oil nowadays) are on a higher level than those based on two Rabbinic enacments (e.g vegetables nowadays or wine/oil/grains that were completed with intent to sell) [see Derech Emunah Ibid.].</ref> Therefore, he recommends using a ''prutah'' ''chamurah''—a coin on which at least a prutah<ref>Nowadays when currency is so fluctuant, it's advisable to redeem a few ''prutot chamurot'' in case the currency goes down in value (Derech Emunah Maaser Sheini chap. 5 siif katan 34)</ref> of the highest-level Maaser Sheni (from wine, oil, or grain grown for the owner’s own use) has already been redeemed.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 34; Mishpitei Arertz 15:12.</ref>
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1; Mishpitei Aretz 15:3-4. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''prutah.''<ref>Minchat Shlomo 67:14; Mishpitei Aretz chap. 15 fn. 13. </ref>

== Transferring Maaser Sheini Money from One Coin to Another ==

#One may take a coin filled with Maaser Sheini and redeem it upon a ''prutah'' of another coin.<ref>Rambam Maaser Sheini 4:5 that one shouldn't redeem coins onto coins, but if they did their actions are effective. The Chazon Ish (Demai 3:12; Derech Emunah Maaser Sheini chap. 4 si'if katan 36) reasons given that Maaser Sheini coins are disposed of into the sea and there's a monetary loss involved one can redeem coins onto coins. Additionally, since in the first place we don't redeem the actual value of the fruits onto the coin, we are lenient to also redeem coins onto coins.

*Nevertheless, there if one wants to be stringent and avoid any doubts they should redeem together the Maaser Sheini coin with some Maaser Sheini fruits onto the new coin (see Mishpitei Aretz 15:21 for the text to recite in such a case). </ref> When redeeming one's own coin onto another one of his coins, he adds a 1/5.<ref>Tosfot Bava Metziah 54b; Kuntres Hilchot Trumot u'Maaserot Shenidfas Al Pi Maran Hachazon Ish brought in Derech Emunah volume 3 pg. 377; Sh"t Minchat Shlomo 2:67:14.

* The Rambam (5:13), however, is of the opinion that one does not add a 1/5. See Rashash to Tosfot Bava Metziah Ibid.</ref>
##The Chazon Ish<ref>Chazon Ish Demai end of chap. 15; Derech Emunah Maaser Sheini chap. 5 siif katan 30. See there for the text to recite.</ref> adds that it is worthwhile to leave over a ''prutah chamurah'' on the first coin this way it can be re-used for future redemptions.
#The coin that the money was transferred onto must be destroyed, and one cannot transfer it to a third coin.<ref>Mishpitei Aretz 15:20 citing from the Imrei Yosher quoting the Chazon Ish.</ref>
#One may not transfer a coin onto another coin in Yerushalayim.<ref>Mishpitei Aretz 15:38. If one wishes to redeem one coin onto another he should take the coin out of halachic Yerushalayim (from the times of Shlomo Hamelech and the first Beit Hamikdash).

* One should not redeem ''tahor'' Maaser Sheini onto a coin in Jerusalem. This is uncommon, as most produce is ''tamei'' (unless untouched by liquid since harvest; even then, one may render it ''tamei'' by pouring water on it for redemption purposes). See Mishpitei Aretz 15:33-38 for more.</ref>

== Maaser Ani ==

# In the third and sixth year of the Shemittah cycle, Maaser Ani is given instead of Maaser Sheini.<ref>Devarim 14:28-29, 26:12; Rambam Hilchot Matnot Aniyim 6:4; Tur Shulchan Aruch Y"D 331:19.</ref> Maaser Ani is given to poor people<ref>The Mishnah in Pe'ah (8:8-9) delineates who consitutes an ani. The Tur (Y"D 253) writes that the standards change with time. Nowadays, anyone who doesn't have an established income that suffices his and his family's needs is considered and ani and may collect Maaser Ani (Mishpitei Aretz 16:9 citing the Chazon Ish and Rav Elyashiv).</ref> chosen by the owner.<ref>Derech Emunah Matnot Aniyim chap.6 si'if katan 36.</ref>
# The recipients may do whatever they want with the Maaser Ani.<ref>The Rishonim debate whether Maaser Ani needs to be eaten or if it can be used for other purposes. The Derech Emunah (Matnot Aniyim chap. 6 si'if katan 110) cites from the Chazon Ish that the halacha is like the latter and an ani may do whatever he wants with the Maaser Ani. </ref>

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-12-29T16:57:12Z

NachiScheiner: /* Maaser Sheini */

The Rules of Separating Trumot and Maaserot

2025-12-29T16:47:22Z

NachiScheiner: /* Min Hamukaf (lit. from that which is together) */

==General Rules of Separating==
===Separating produce from different years===
#Trumot and Maaserot may not be separated from one year's harvest for another's. If done, the separation is void and must be repeated correctly.<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. 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>
====How is a year counted for Trumot and Maaserot?====
#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>
##Some are of the opinion that Trumot and Maaserot are counted from when the vegetables complete their ripening (i.e when 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>
#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. Regarding the parameters of a third of its growth is see section "The Obligation to Tithe."</ref>
#For fruit trees the year begins on [[Tu BiShevat|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 are counted from. Most Rishonim assume that they go by 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 it depends on 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>
##Regarding the [[Etrog|Etrog,]] Trumot and Maaserot are counted from when it was harvested.<ref>Rambam Maaser Sheini 1:5; Shulachan Aruch Y.D. 331:126; Mishpitei Aretz 8:6.</ref>
##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. 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>
===Separating from different species onto each other===
#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>
===Separating from the exempt for the obligated===
#One cannot fulfill the obligation of tithing by separating exempt produce—such as that grown outside Israel, owned by a non-Jew, or already tithed—for produce that remains obligated. If done, the separation is invalid, and the tithing process must be repeated correctly.<ref>Mishnah Trumot 1:5; Rambam Trumot 5:12; Shulchan Aruch Y.D. 331:58.</ref>
##Similarly, one shouldn't separate from safeik (uncertain) Tevel for 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.
##Ideally, one should not separate produce obligated in Trumot and Maaserot by one rabbinic enactment (e.g produce nowadays) for 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. The Turei Even (Megillah 19b) disagrees with this entire idea and writes that all levels of derabanan are equal. 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>
##Some say that one shouldn't separate from produce that has yet to enter the house for produce that has entered the house (for more on the laws of produce entering the house see [[Tevel and Demai]]).<ref>Derech Emunah Trumot chap. 5 si'if katan 47 and tziyun halacha 93 cites this halacha as a machloket Rishonim; Similarly, Sh"t Tzitz Eleizer (11:66) does so.

Rav Shlomo Zalman Auerbach (Ma'adanei Aretz Trumot 5:4) brings the lenient opinion as the formative halacha.</ref>
#Trumot and Maaserot may not be separated between produce attached to the ground and harvested produce, nor between two different batches of attached produce. Any separation performed in this manner is void, and the tithes must be retaken correctly.<ref>Kiddushin 62a; Rambam Trumot 5:9; Shulchan Aruch Y.D. 331:55; Mishpitei Aretz 8:15 fn. 53. 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>
===Separating from the bad for the good===
#Nowadays, one may separate Trumah, Trumat Maaser, and Maaser Sheini from lower quality produce for 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>
#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>
##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>
===Separating on Shabbat and Yom Tov===
#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>
##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>

== ''Min Hamukaf'' (lit. from that which is together) ==

# ''Mukaf'' means together, close by.<ref>Rashi Gittin 30b, amongst many others (see Derech Emunah Trumot chap. 3 Tziyun Halacha 260). </ref> Some explain it to mean surrounded by.<ref>Rambam Peirush Hamishnayot Trumot 4:3 (see Derech Emunah Trumot chap. 3 Tziyun Halacha 260). </ref>
# Trumah Gedolah should be separated ''Min Hamukaf,'' i.e the Trumah and the produce from which you are taking it from should all be grouped together''.''<ref>Mishnah Challah 1:9; Rambam Trumot 3:17; Shulchan Aruch Y.D. 331:25.

*Most Rishonim (see Rashi Sotah 30a, Tosfot Yevamot 92b, Rash Bikkurim 2:5, Rashba, Ritva and Ran Gittin 30b, amongst many others- for a more detailed list see Derech Emunah Trumot 3:17 Tziyun Halacha 262) assume ''Min Hamukaf'' is a din Deoryta learned from the pasuk 'והרמותם ממנו', מן המוקף לו.

*Some Rishonim (see Rashi Gittin 30b, Ritva Bava Metziah 38a quoting from his Rebbe, Raavad Trumot 3:20, amongst others- for a more detailed list see Derech Emunah Trumot 3:17 Tziyun Halacha 265) are of the opinion that it is only a din Derabanan and the ''drasha'' is only an ''asmachta''.</ref> Nevertheless, if it wasn't, the Trumah is still effective.<ref>Rambam Trumot 3:17; Shulchan Aruch Y.D. 331:25; Mishpitei Aretz 12:1.

*See, however, Maadanei Aretz (volume 2 Halachot Pesukot 3:17) who suggests to revoke the separation. For more details on revoking separation see Mishpitei Aretz chapter 18.</ref>
## Ideally, one should separate Trumat Maaser ''Min Hamukaf''.<ref>The Rambam (Trumot 3:20; cited also in the Rama Y.D. 331:24) writes that Trumat Maaser does not need to be separated ''Min Hamukaf,'' nonetheless, Talmidei Chachamim are careful to separate ''Min Hamukaf.'' The Shach (Y.D. 331:24) explains that Talmidei Chachamim are careful as the most ideal (''Mitzvah Min Hamuvchar'') way to separate Trumat Maaser is ''Min Hamukaf''. This is the formative halacha brought down in Mishpitei Aretz 12:4.

*There are some Rishonim (Tosfot Gittin 30b, amongst many others- see Derech Emunah Trumot 3:20 Tziyun Halacha 361) who write that ''Min Hamukaf'' is a regular din Derabanan, not just a ''Mitzvah Min Hamuvchar''. Contrarily, the Raavad (Trumot 3:20) writes that ''Min Hamukaf'' by Trumat Maaser only applies to a Levi that separates from his Maaser.</ref>
## Maaser Rishon, Sheini and Ani do not need to be separated ''Min Hamukaf.''<ref>The Rambam (Maaser 1:6 based off of the Yerushalmi Trumot 2:2; cited also in Shulchan Aruch Y.D. 331:71) writes that Maaser Rishon does not need to be separated ''Min Hamukaf.'' This is the formative halacha cited in Shaarei Tzedek of the Chochmat Adam (10:11) and Mishpitei Aretz (12:5). </ref> However, some are of the opinion that they should be separated ''Min Hamukaf''.<ref>Some Rishonim (Ritva Niddah 7a, Meiri Kiddushin 51a, amongst others- see Derech Emunah Maaser 1:6 Tziyun Halacha 67) are of the opinion that there is a din derabanan of ''Mukaf'' by Maaser Rishon, Sheini and Ani.

*The Tosfot Rid Bava Kamma 115b is of the opinion that the ''Mukaf'' that's needed for Maaser Rishon, Sheini and Ani is only that the produce all be in his possession, not that they actually are physically touching.</ref>
#Regarding produce placed in an open area, as long as they are in a close proximity of each other they are considered to be ''Min Hamukaf.''<ref>Shulchan Aruch Y.D. 325:2 citing from the Rosh; Rash Maaser Sheini 3:13 quoted and explained by the Chazon Ish (Zeraim Likutim 4:5); Biur Hagra Y.D. 325:8. This is the main opinion cited in Mishpitei Aretz 12:5. </ref> Some are stringent and require the produce and the portion set for Trumah to be touching.<ref>This is the opinion of Rabbeinu Tam (Sefer Hayashar Sh"t page 172, cited in Mishpitei Aretz chap. 12 fn. 10; see also Tosfot Pesachim 46b s.v. Ho'il v'ie at the end). </ref>
#The walls of a room combine the produce within them to make them ''Mukaf.''<ref>Rambam Trumot 3:18 (see comments of Derech Emunah Ad. Loc.); Shulchan Aruch Y.D. 331:26; Mishpitei Aretz 12:7. See also Biur Hagra Y.D. 325:8 and Derech Emunah Trumot Biur Halacha 3:18 who speak at legnth about this topic. </ref>
#Produce of the same species<ref>See Rambam Trumot 3:19; Mishpitei Aretz 12:12 regarding a mixture of different species within one vessel. </ref> that is held in separate containers has the status of ''Mukaf'' only when the containers are in contact.<ref>Rambam Trumot 3:18 (according to Derech Emunah Ad. Loc. si'if katan 159); Biur Hagra Y.D. 325:8; Derech Emunah Trumot Biur Halacha 3:18; Mishpitei Aretz 12:8.</ref> This is necessary even when the containers are within the walls of a room.
##If the vessels are sealed and opening them would impair the product's quality (e.g., wine barrels), Trumah must be separated from each vessel individually.<ref>Rambam Trumot 3:18 regarding wine barrels. Some extend this halacha to any sealed produce which opening it would harm the quality (see Derech Emunah Ad. Loc. 160 and Tziyun Halacha 227; Mishpitei Aretz 12:9 fn. 17). Nonetheless, Derech Emunah (in Tziyun Halacha Ibid.) specifies that even if the halacha applied to all products, it would only concern large, significant vessels sealed in a way that requires breaking to open, such as a glued wine barrel.</ref>
#For Shabbat and Yom Tov, if pressed for time, one may separate not ''Min Hamukaf''.<ref>Tosfot Gittin 30b, Yevamot 93b, amonst other places. Other Rishonim leave out this leniency, but nevertheless it is cited as l'halacha in the Sha'arei Tzedek of the Chochmat Adam and in the Chalat Lechem (see Mishpitei Aretz chap. 12 fn. 23). It is codified as the formative halacha in Mishpitei Aretz 12:13.</ref>

==Who Can Separate?==
#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>
##Adult family members living with and supported by the homeowner 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>
##A guest may separate tithes from his own portion, even without the host’s permission.<ref>Yerushalmi Demai 7:1; Chazon Ish Demai 9:22; Mishpitei Aretz 9:8. If, however, one knows that the host specifically does not want him to separate Trumot and Maaserot, see Mishpitei Aretz Ibid. fn. 13.</ref>
#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>
##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). [There is an opinion of the Ketzot Hachoshen 243:8 who disagrees; see Derech Emunah Biur Halacha Ad. Loc. who discusses this 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>
#A minor cannot separate Trumot and Maaserot, even from their own produce.<ref>Rambam Trumot 4:2; Shulchan Aruch Y.D. 331:30; Mishpitei Aretz 9:9 (see 9:10-11 with regards to the case of ''mufla samuch l'ish'' i.e a boy who is 12 years old).</ref>

== Sources ==

Bracha For Seeing Natural Wonders

2025-12-29T16:44:20Z

NachiScheiner: /* Lightning and Thunder */

Upon witnessing a natural phenomenon, such as lightning or a shooting star, one should recite the special bracha that the rabbis formulated for that occasion. [[Image:Lightning.JPG|right|200px]]
==Lightning and Thunder==
# For lightning and thunder, if they come at the same time or right after one another and one didn’t start to recite any bracha, one should only recite [[Oseh Maaseh Beresheet]] and it will cover both the lightning and thunder. If, however, there is a break between the lightning and the thunder such that one already began to say [[Oseh Maaseh Beresheet]] on the lightning, then one should say finish [[Oseh Maaseh Beresheet]] on the lighting and recite SheCocho UGevurato Maaleh Olam on the thunder.<Ref>Mishna Brurah 227:5, Vezot HaBracha (pg 153) in name of Rav Elyashiv </ref>
# If one didn’t see the lighting and only heard thunder one should recite SheCocho UGevurato Maaleh Olam. Then, if later one sees lightning one should recite [[Oseh Maaseh Beresheet]].<Ref>Mishna Brurah 227:5 </ref>
# If the storm cleared up completely and there were no clouds and then another storm came, one can recite another bracha for the lightning and thunder of the next storm, however within one storm one only recites one bracha unless the storm continues into the next day.<Ref>Shulchan Aruch O.C. 227:2 writes that one shouldn’t recite another Bracha on thunder and lightning unless the storm has cleared up. Mishna Brurah 227:8 emphasizes that it must have completely cleared up unless it continues to the next day in which case a new Bracha is needed in any case. This is also the opinion of Yalkut Yosef (vol 3 pg 622).</ref> If someone recited the bracha during the day and then the storm continues into the night, a new bracha is not recited.<Ref> Vezot HaBracha (pg 154) quotes Az Nidbaru 6:32 and Rav Moshe Shternbach who hold that one doesn’t recite a new Bracha in the morning unless one slept and the night has passed. Chazon Ovadia (Brachot p. 465) agrees that a new bracha is not recited at night if one already made a bracha that day and it is the same storm.</ref>
# The bracha on lightning and thunder must be said within [[Toch Kedi Dibbur]] (2-3 seconds) of seeing the lightning or hearing the thunder.<ref> Yerushalmi, Ran (cited by Bet Yosef 46), Mishna Brurah 227:12, Rav Elyashiv (Ashrei Ha'ish 40:1). Rav Elyashiv (Ashrei Ha'ish 40:9) adds that he may recite the bracha within toch kedi dibbur even if he already said a word (not related to the lightning or thunder) between the lightning or thunder and his bracha. </ref>
# One may recite the bracha even if one only saw the light from the lightning and didn’t see the actual bolt.<Ref> Rav Shlomo Zalman Auerbach (Halichot Shlomo page 287, Sh"t Minchat Shlomo 2:4:34) writes that one may recite the bracha on lightning even if one only saw the flash from the lightning and not the bolt because one really feels Hashem's greatness and the greatness of His creations even without seeing the bolt. This is quoted in Vezot HaBracha (pg 156). Rav Yacov Kamenetsky in Emes Liyaakov (Siman 227 in the footnote), [http://www.hebrewbooks.org/pdfpager.aspx?req=880&st=&pgnum=47 Sh"t Az Nidberu 6:23], Chazon Ovadia ([[Berachot]] page 466), and Sh”t Tzitz Eliezer 12:21 agree.</ref> However, some disagree and hold that one should not recite a bracha on lightning unless he saw the actual bold.<ref>Rav Elyashiv (Ashrei Ha'ish 40:5)</ref>
# If one’s hands are unclean from going to the bathroom and not washing yet or for going to sleep at night and not having washed yet, and right then one saw lightning or heard thunder, one can’t recite the bracha. <Ref> Mishna Brurah 227:11, Vezot HaBracha (pg 154), see there for the case of where one needs to go to the bathroom. </ref>
# It is a good practice to recite the bracha for lightning or thunder standing. But if someone will have more kavana (intent) while sitting they should recite the bracha while seated.<ref>Rav Elyashiv (Ashrei Ha'ish 40:2)</ref>
# Even one who is in the middle of learning or even giving a shiur should stop to recite this bracha.<ref> Sh"t Beer Moshe 2:10, A Guide to Practical Halacha (Rabbi Dovid Katz, v. 2 p. 234) quoting Rav Moshe Feinstein. [https://www.yutorah.org/sidebar/lecture.cfm/763371/rabbi-shay-schachter/chazzan-for-selichos-and-for-the-rest-of-the-day/ Rav Shay Schachter (shiur, min 0-1)] quoted his father, Rav Hershel Schachter as saying that even to interrupt a shiur one should stop to recite a bracha. </ref>

=== The Text of the Brachot ===
# Text of the bracha on lightning: ברוך אתה ה' אלוקינו מלך העולם עושה מעשה בראשית - Baruch Atta Adonay Eloheinu Melech HaOlam [[Oseh Maaseh Beresheet]].<ref>Shulchan Aruch O.C. 227:1</ref>
# Text of the bracha on thunder: ברוך אתה ה' אלוקינו מלך העולם שכחו וגבורתו מלא עולם - Baruch Atta Adonay Eloheinu Melech HaOlam SheKocho UGevurato Maaleh Olam.<ref>Shulchan Aruch O.C. 227:1</ref>

==Oceans==
# The bracha for seeing any ocean is [[Oseh Maaseh Beresheet]].<ref> Shulchan Aruch 228:1 </ref>
# One recites a [[Oseh Maaseh Beresheet]] for seeing a sea or ocean that is natural and from the time of creation. Therefore, there’s a bracha for seeing the Kinneret but no bracha for seeing the Dead sea. <ref>Halichot Shlomo 23:26 (pg 287) writes that one should recite a bracha for seeing the Kinneret but not for seeing the Dead Sea (Yam HaMelech). Hazon Ovadia, Page 470. </ref>
# If one made a bracha upon seeing one ocean and then sees another ocean, one should recite another bracha even if it's within 30 days.<ref>Halichot Shlomo 23:27 </ref>
# If one lives close to the ocean even if it has been more than 30 days one shouldn't recite a bracha on seeing that ocean.<ref>Halichot Shlomo 23:28 </ref>
===Atlantic Ocean===
# According to Ashkanazim, The bracha for seeing the Atlantic ocean is SheAssa Et HaYam HaGadol. According to Sephardim, this bracha is never made.<ref>Shulchan Aruch 228:1 writes that for all oceans one recite the bracha of [[Oseh Maaseh Beresheet]] except for the Mediterranean which you recite Oseh HaYam haGadol. However, Mishna Brurah 228:2 argues that really the bracha of Oseh HaYam HaGadol should only be made on the Atlantic ocean and all others (including the Mediterranean) only get the bracha of [[Oseh Maaseh Beresheet]]. [It's preferable, when making the bracha on the Mediterranean to say [[Oseh Maaseh Beresheet]] and then add the words Sh'Asah Et HaYam HaGadol within 2-3 seconds.(VeZot HaBracha pg 154)] For Ashkenazim, the halacha is in accordance with Mishna Brurah as most achronim hold like that opinion; Rav Elyashiv (cited by VeZot HaBracha p. 154) agrees. For Sephardim Yalkut Yosef (Siman 228) writes not to recite the bracha of Oseh HaYam HaGadol on anything because of the dispute (I'm not sure if he would hold that a [[Oseh Maaseh Beresheet]] is still made for all oceans).</ref>
=== Mediterranean Sea===
#It's preferable, when making the bracha on the Mediterranean ocean to say [[Oseh Maaseh Beresheet]] and then add the words Sh'Asah Et HaYam HaGadol within 2-3 seconds.<ref> VeZot HaBracha (pg 154), Halichot Shlomo (Hilchot [[Tefillah]] 23:29) </ref>
# Hacham Ovadia says that one recites "...she'asa et hayam hagadol" upon seeing the Mediterranean Sea.<ref> Hazon Ovadia 467 </ref>

==Seeing a River==
# Upon seeing a natural large river one should recite the bracha of [[Oseh Maaseh Beresheet]], however if there was any human intervention in the building of the river, from that point in the river and on, no bracha is made. If one is in doubt whether a river was improved or changed with human intervention one shouldn’t recite the bracha. Most rivers are natural and not changed by man, however, it’s unclear whether one can rely on this assumption. <Ref>S”A 228:2 writes that the Bracha for seeing the four rivers mentioned in the pesukim such as Chidekel and Parat one should recite the Bracha [[Oseh Maaseh Beresheet]]. Mishna Brurah 228:4 explains that one should recite the Bracha on any large river that one knows is totally natural and wasn’t changed by man. Mishna Brurah 229:5 adds that if one is in doubt one shouldn’t recite the Bracha, but in Shaar HaTziyun 229:8 he adds that in general rivers are natural but concludes that the practicability is unclear. This is also the opinion of Vezot HaBracha (pg 155).</ref>
# There’s no bracha upon seeing a waterfall unless it’s part of a large river that’s natural (as above).<Ref>Vezot HaBracha (pg 155) in name of Rav Chaim Kanievsky </ref>
# Upon seeing Niagara Falls one should recite Oseh Maaseh Beresheet since one is also seeing a giant river.<ref>https://www.brachos.org/brachos/niagara-falls/. See also https://judaism.stackexchange.com/questions/30501/niagara-falls-does-it-require-a-bracha-if-so-which-one. </ref>
==Seeing a Mountain==
# Upon seeing mountains that are abnormal and through them one recognizes the strength of Hashem, the Creator, one should recite the bracha of [[Oseh Maaseh Beresheet]]. <Ref>S”A 228:3 and Kitzur Shulchan Aruch 60:5. Orchot Rabbenu (vol 1 pg 94) writes that the Steipler made this Bracha the first time he saw the mountains surrounding Yerushalyim, but stopped afterwards because it didn’t have an impression on him anymore. Piskei Teshuvot 228:4 writes that it’s really dependent on the viewer but on universally accepted unique mountains anyone can recite the Bracha. </ref> However, some poskim believe that this beracha should not be made with Hashem's name.<ref> Kitzur Shulchan Aruch with footnotes from Rav Mordechai Eliyahu, siman 60, footnote 4 in the Darche Halacha </ref> For example, one can recite the bracha upon seeing the Chermon mountains <Ref>Or Letzion 46:62, and Vezot HaBracha (pg 155) in name of Rav Chaim Kanievsky (see there) </ref>, Mount Everest <Ref>Birkot Eliyahu (pg 296) </ref>, Ararat, or the Alps. <Ref>Aruch HaShulchan 228:1, Piskei Teshuvot 228:4, Vezot HaBracha (pg 155) </ref>
# If there’s a doubt whether a mountain is considered unique one should recite the bracha without [[Shem UMalchut]]. <Ref>Vezot HaBracha (pg 155) </ref>
# If one has seen the mountain in the last 30 days, the bracha should not be recited.<ref> Mishna Brura 228:2 </ref>
# This bracha should not be recited from an airplane where the height of the mountain cannot be appreciated.<ref> Vizot HaBracha, pg. 155 </ref>

==Seeing a Desert==
# Upon seeing a desert one should recite the bracha of [[Oseh Maaseh Beresheet]].<Ref>S”A 228:1 </ref> This bracha is only made on deserts that people refrain from traveling through because of wild animals and other dangers and this is uncommon except in the very large deserts far from settlement. <Ref>Piskei Teshuvot 228:4, Vezot HaBracha (pg 155) in name of Rav Moshe Shternbach</ref>
==Comet, Meteor or Earthquake==
# For seeing a comet, or experiencing an earthquake one should recite the bracha of Oseh Maaseh Beresheet. <Ref>S”A 257:1 says that for seeing a comet or experiencing an earthquake one should recite [[Oseh Maaseh Beresheet]] and if one wants one can recite the Bracha SheCocho UGevurato Maaleh Olam instead. Mishna Brurah 227:6 is clear that it’s either one Bracha or the other but not both. This is also the opinion of Vezot HaBracha (pg 155, chapter 17). Artscroll Siddur just quotes the more primary Bracha quoted in S”A, Oseh מעשה Beresheet. </ref>
# If there was a break between one earthquake and the next, another bracha is required. <Ref>Shaarei Teshuva 227:1, Vezot HaBracha (pg 157) </ref>
==Meteor, Shooting Star, and Eclipses==
# Upon seeing a shooting star one recites the beracha of Oseh Maaseh Bereishit.<ref> Mishna Berura 227:1, [http://www.chabad.org/multimedia/media_cdo/aid/1269829/jewish/Is-There-a-Blessing-for-Seeing-a-Meteor-Shower.htm Chabad.org] </ref>
# If multiple sightings are seen in one night, the beracha is only recited once.<ref> Mishna Berura 227:2 </ref>
# There is no bracha upon seeing a lunar or solar eclipse.<ref>Rabbi Tendler in Moreshet Moshe v. 2 p. 51 quotes Rav Moshe Feinstein as explaining that there’s no bracha for seeing a solar or lunar eclipse and in fact it is a negative sign. Sh"t Aseh Lecha Rav 150 agrees that a beracha should not be recited because no such beracha is mentioned in the Gemara. see further [http://www.hakirah.org/vol23brown.pdf The Great American Eclipse of 2017: Halachic and Philosophical Aspects] </ref>

==Strong Winds==
# For a strong wind, such as in a hurricane or tornado, one should recite the bracha of [[Oseh Maaseh Beresheet]]. <Ref>S”A 227:1, Mishna Brurah 227:4 writes that any wind which is uncommon is sufficient for a Bracha of [[Oseh Maaseh Beresheet]] but it would have to another type of wind to recite SheKocho UGevurato Maleh Olam and it's better to always recite [[Oseh Maaseh Beresheet]]. Halacha Brurah 227:6 agrees with Mishna Brurah and gives hurricanes and tornadoes as examples. See also Vezot HaBracha (pg 156) who writes that it must be a very strong wind. </ref>

==Questions and Answers==
# What bracha should I recite for a hurricane or tornado? [[#Strong winds]]
==Sources==
<references/>
[[Category:Brachot]]

Obligation of Trumot and Maaserot

2025-12-28T16:41:43Z

NachiScheiner: /* The Obligation to Tithe */

==The Obligation to Tithe==
#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> today, the practice of taking Trumot and Maaserot is only a Rabbinic requirement.<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.
*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>
##Some are of the opinion that if majority of the Jewish people live in Eretz Yisrael then separating Trumot and Maaserot becomes a Biblical requirement.<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. 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.</ref>
#The status of Tevel (prohibited untithed produce), and likewise the obligation to separate Trumot and Maaserot, sets in on produce that has reached a third of its growth, also know as Onat Hamaaserot.<ref>Mishnayot Maaserot chapter 1 (see hakdamah of Shiurim b'Mishnayot to Mesechet Maaserot where he writes that in this context Maaserot includes Trumot); Rambam Maaser 2:3; Mishpitei Aretz 6:1.</ref><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. 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>
##One shouldn't separate Trumot and Maaserot until the produce has reached its Gemar Melacha (lit. the finishing of its processing).<ref>Mishnah Trumot 1:10; Rambam Trumot 5:4; Shulchan Aruch Y.D. 331:54. 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> 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>
#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>
===Produce Outside of Israel===
#Produce grown outside of Eretz Yisrael is not obligated in Trumot and Maaserot.<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>
#Produce grown in Eretz Yisrael and then exported is 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>
##Some are of the opinion that if the Gemar Melacha happened in Chutz la'Aretz (lit. outside of Israel) then the produce is 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>
===Produce of a Non-Jew===
#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>
#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>
===Ownerless Produce===
#Produce that was ownerless at any point between reaching one-third growth and final processing is exempt from Trumot and Maaserot.<ref>Sifrei Devarim 14; Rash Pe'ah 1:6; Rambam Trumot 2:11 with Derech Emunah 95; Mishpitei Aretz 5:1,3. </ref>
##Fruit trees grown in public areas from which anyone is allowed to take their fruits (e.g trees planted for the purpose of beautifying the public area and the owner doesn't care who takes the fruit) may be considered ownerless and exempt from Trumot and Maaserot.<ref>Mishpitei Aretz 5:2 based off of Rambam Maaser 1:12; HaTorah v'Haaretz vol. 4 pg. 58-61.

However, trees grown in private property, even if it is known that the owner allows people to take, should still have Trumot and Maaserot separated (maybe without a bracha- see [https://www.toraland.org.il/%D7%A9%D7%90%D7%9C%D7%95%D7%AA-%D7%95%D7%AA%D7%A9%D7%95%D7%91%D7%95%D7%AA/%D7%94%D7%90%D7%A8%D7%A5-%D7%95%D7%9E%D7%A6%D7%95%D7%95%D7%AA%D7%99%D7%94/%D7%AA%D7%A8%D7%95%D7%9E%D7%95%D7%AA-%D7%95%D7%9E%D7%A2%D7%A9%D7%A8%D7%95%D7%AA/%D7%92%D7%99%D7%93%D7%95%D7%9C%D7%99%D7%9D-%D7%94%D7%97%D7%99%D7%99%D7%91%D7%99%D7%9D-%D7%91%D7%AA%D7%A8%D7%95%D7%9E/%D7%AA%D7%A8%D7%95%D7%9E%D7%95%D7%AA-%D7%95%D7%9E%D7%A2%D7%A9%D7%A8%D7%95%D7%AA-%D7%9E%D7%A4%D7%99%D7%A8%D7%95%D7%AA-%D7%A9%D7%92%D7%93%D7%9C%D7%99%D7%9D-%D7%91%D7%92%D7%99%D7%A0%D7%95%D7%9F-%D7%94%D7%A6%D7%99%D7%91%D7%95%D7%A8%D7%99/ מכון התורה והראץ פירות שגדלו בגינון ציבורי]). </ref>
##Fruit trees grown by a town are exempt from tithes if open to everyone, but they are subject to Terumot and Maaserot if harvest rights are restricted to local residents.<ref>HaTorah v'Haaretz vol. 4 pg. 58-61.</ref>
#Produce made ownerless after its processing has finished is obligated in Trumot and Maaserot.<ref>Tosfot Bava Metziah 21b s.v. ''Poteret''; Rash Pe'ah 1:6; Derech Emunah Trumot 1:12 si'if katan 95; amongst many others (see Derech Emunah Bi'ur Halacha s.v. v'Chein and Trumat Ha'aretz, Machon HaTorah v'Haaretz 2:11) write that produce made ownerless after the Gemar Melacha is aboslutely obligated in Trumot and Maaserot. [For some the obligation is Biblical, yet for others only Rabbanic- see Trumat Ha'aretz Ibid.].

However, the Minchas Chinuch (395:7), Rivmatz (Pe'ah 1:6), Rav Issur Zalman Meltzer (Chiddushim to Rambam Maaser 3:20), amongst others (see Trumat Ha'aretz Ibid.) are of the opinion that the produce is exempt.

Given the debate, some suggest to separate without reciting a bracha, but Rav Mordechai Willig (oral communication) said we follow the Derech Emunah.</ref>
==Which Produce?==
#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, 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). 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. 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 the 5 grains, grapes, and olives have a biblical obligation.</ref>
#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>
#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. However, many Achronim disagree with this position and write that there would be a biblical obligation (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1). Nevertheless, nowadays everyone agrees that there is a status of Tevel Derabanan to the juices and a separation 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 derabanan (e.g Tevel nowadays) onto double derabanan's (e.g Tevel juices nowadays) or vise versa.</ref>
##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>
#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>
#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>
##Human food crops that are grown to be used for animal food need to have Trumot and Maaserot separated from them out of halachic 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>
#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.). 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 imported from Chutz la'Aretz.</ref>
##Some are stringent to separate Trumot and Maaserot from tea leaves.<ref>Rav Mordechai Eliyahu cited in Hilchot Ha'aretz, 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>

== Sources ==

The Rules of Separating Trumot and Maaserot

2025-12-28T16:41:32Z

NachiScheiner: /* Separating from the exempt for the obligated */

==General Rules of Separating==
===Separating produce from different years===
#Trumot and Maaserot may not be separated from one year's harvest for another's. If done, the separation is void and must be repeated correctly.<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. 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>
====How is a year counted for Trumot and Maaserot?====
#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>
##Some are of the opinion that Trumot and Maaserot are counted from when the vegetables complete their ripening (i.e when 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>
#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. Regarding the parameters of a third of its growth is see section "The Obligation to Tithe."</ref>
#For fruit trees the year begins on [[Tu BiShevat|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 are counted from. Most Rishonim assume that they go by 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 it depends on 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>
##Regarding the [[Etrog|Etrog,]] Trumot and Maaserot are counted from when it was harvested.<ref>Rambam Maaser Sheini 1:5; Shulachan Aruch Y.D. 331:126; Mishpitei Aretz 8:6.</ref>
##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. 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>
===Separating from different species onto each other===
#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>
===Separating from the exempt for the obligated===
#One cannot fulfill the obligation of tithing by separating exempt produce—such as that grown outside Israel, owned by a non-Jew, or already tithed—for produce that remains obligated. If done, the separation is invalid, and the tithing process must be repeated correctly.<ref>Mishnah Trumot 1:5; Rambam Trumot 5:12; Shulchan Aruch Y.D. 331:58.</ref>
##Similarly, one shouldn't separate from safeik (uncertain) Tevel for 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.
##Ideally, one should not separate produce obligated in Trumot and Maaserot by one rabbinic enactment (e.g produce nowadays) for 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. The Turei Even (Megillah 19b) disagrees with this entire idea and writes that all levels of derabanan are equal. 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>
##Some say that one shouldn't separate from produce that has yet to enter the house for produce that has entered the house (for more on the laws of produce entering the house see [[Tevel and Demai]]).<ref>Derech Emunah Trumot chap. 5 si'if katan 47 and tziyun halacha 93 cites this halacha as a machloket Rishonim; Similarly, Sh"t Tzitz Eleizer (11:66) does so.

Rav Shlomo Zalman Auerbach (Ma'adanei Aretz Trumot 5:4) brings the lenient opinion as the formative halacha.</ref>
#Trumot and Maaserot may not be separated between produce attached to the ground and harvested produce, nor between two different batches of attached produce. Any separation performed in this manner is void, and the tithes must be retaken correctly.<ref>Kiddushin 62a; Rambam Trumot 5:9; Shulchan Aruch Y.D. 331:55; Mishpitei Aretz 8:15 fn. 53. 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>
===Separating from the bad for the good===
#Nowadays, one may separate Trumah, Trumat Maaser, and Maaser Sheini from lower quality produce for 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>
#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>
##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>
===Separating on Shabbat and Yom Tov===
#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>
##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>

== ''Min Hamukaf'' (lit. from that which is together) ==

# ''Mukaf'' means together, close by.<ref>Rashi Gittin 30b, amongst many others (see Derech Emunah Trumot chap. 3 Tziyun Halacha 260). </ref> Some explain it to mean surrounded by.<ref>Rambam Peirush Hamishnayot Trumot 4:3 (see Derech Emunah Trumot chap. 3 Tziyun Halacha 260). </ref>
# Trumah Gedolah should be separated ''Min Hamukaf,'' i.e the Trumah should be taken from produce that is grouped together''.''<ref>Mishnah Challah 1:9; Rambam Trumot 3:17; Shulchan Aruch Y.D. 331:25.

*Most Rishonim (see Rashi Sotah 30a, Tosfot Yevamot 92b, Rash Bikkurim 2:5, Rashba, Ritva and Ran Gittin 30b, amongst many others- for a more detailed list see Derech Emunah Trumot 3:17 Tziyun Halacha 262) assume ''Min Hamukaf'' is a din Deoryta learned from the pasuk 'והרמותם ממנו', מן המוקף לו.

*Some Rishonim (see Rashi Gittin 30b, Ritva Bava Metziah 38a quoting from his Rebbe, Raavad Trumot 3:20, amongst others- for a more detailed list see Derech Emunah Trumot 3:17 Tziyun Halacha 265) are of the opinion that it is only a din Derabanan and the ''drasha'' is only an ''asmachta''.</ref> Nevertheless, if it wasn't, the Trumah is still effective.<ref>Rambam Trumot 3:17; Shulchan Aruch Y.D. 331:25; Mishpitei Aretz 12:1.

*See, however, Maadanei Aretz (volume 2 Halachot Pesukot 3:17) who suggests to revoke the separation. For more details on revoking separation see Mishpitei Aretz chapter 18.</ref>
## Ideally, one should separate Trumat Maaser ''Min Hamukaf''.<ref>The Rambam (Trumot 3:20; cited also in the Rama Y.D. 331:24) writes that Trumat Maaser does not need to be separated ''Min Hamukaf,'' nonetheless, Talmidei Chachamim are careful to separate ''Min Hamukaf.'' The Shach (Y.D. 331:24) explains that Talmidei Chachamim are careful as the most ideal (''Mitzvah Min Hamuvchar'') way to separate Trumat Maaser is ''Min Hamukaf''. This is the formative halacha brought down in Mishpitei Aretz 12:4.

*There are some Rishonim (Tosfot Gittin 30b, amongst many others- see Derech Emunah Trumot 3:20 Tziyun Halacha 361) who write that ''Min Hamukaf'' is a regular din Derabanan, not just a ''Mitzvah Min Hamuvchar''. Contrarily, the Raavad (Trumot 3:20) writes that ''Min Hamukaf'' by Trumat Maaser only applies to a Levi that separates from his Maaser.</ref>
## Maaser Rishon, Sheini and Ani do not need to be separated ''Min Hamukaf.''<ref>The Rambam (Maaser 1:6 based off of the Yerushalmi Trumot 2:2; cited also in Shulchan Aruch Y.D. 331:71) writes that Maaser Rishon does not need to be separated ''Min Hamukaf.'' This is the formative halacha cited in Shaarei Tzedek of the Chochmat Adam (10:11) and Mishpitei Aretz (12:5). </ref> However, some are of the opinion that they should be separated ''Min Hamukaf''.<ref>Some Rishonim (Ritva Niddah 7a, Meiri Kiddushin 51a, amongst others- see Derech Emunah Maaser 1:6 Tziyun Halacha 67) are of the opinion that there is a din derabanan of ''Mukaf'' by Maaser Rishon, Sheini and Ani.

*The Tosfot Rid Bava Kamma 115b is of the opinion that the ''Mukaf'' that's needed for Maaser Rishon, Sheini and Ani is only that the produce all be in his possession, not that they actually are physically touching.</ref>
#Regarding produce placed in an open area, as long as they are in a close proximity of each other they are considered to be ''Min Hamukaf.''<ref>Shulchan Aruch Y.D. 325:2 citing from the Rosh; Rash Maaser Sheini 3:13 quoted and explained by the Chazon Ish (Zeraim Likutim 4:5); Biur Hagra Y.D. 325:8. This is the main opinion cited in Mishpitei Aretz 12:5. </ref> Some are stringent and require the produce to be touching.<ref>This is the opinion of Rabbeinu Tam (Sefer Hayashar Sh"t page 172, cited in Mishpitei Aretz chap. 12 fn. 10; see also Tosfot Pesachim 46b s.v. Ho'il v'ie at the end). </ref>
#The walls of a room combine the produce within them to make them ''Mukaf.''<ref>Rambam Trumot 3:18 (see comments of Derech Emunah Ad. Loc.); Shulchan Aruch Y.D. 331:26; Mishpitei Aretz 12:7. See also Biur Hagra Y.D. 325:8 and Derech Emunah Trumot Biur Halacha 3:18 who speak at legnth about this topic. </ref>
#Produce of the same species<ref>See Rambam Trumot 3:19; Mishpitei Aretz 12:12 regarding a mixture of different species within one vessel. </ref> that is held in separate containers has the status of ''Mukaf'' only when the containers are in contact.<ref>Rambam Trumot 3:18 (according to Derech Emunah Ad. Loc. si'if katan 159); Biur Hagra Y.D. 325:8; Derech Emunah Trumot Biur Halacha 3:18; Mishpitei Aretz 12:8.</ref> This is necessary even when the containers are within the walls of a room.
##If the vessels are sealed and opening them would impair the product's quality (e.g., wine barrels), Trumah must be separated from each vessel individually.<ref>Rambam Trumot 3:18 regarding wine barrels. Some extend this halacha to any sealed produce which opening it would harm the quality (see Derech Emunah Ad. Loc. 160 and Tziyun Halacha 227; Mishpitei Aretz 12:9 fn. 17). Nonetheless, Derech Emunah (in Tziyun Halacha Ibid.) specifies that even if the halacha applied to all products, it would only concern large, significant vessels sealed in a way that requires breaking to open, such as a glued wine barrel.</ref>
#For Shabbat and Yom Tov, if pressed for time, one may separate not ''Min Hamukaf''.<ref>Tosfot Gittin 30b, Yevamot 93b, amonst other places. Other Rishonim leave out this leniency, but nevertheless it is cited as l'halacha in the Sha'arei Tzedek of the Chochmat Adam and in the Chalat Lechem (see Mishpitei Aretz chap. 12 fn. 23). It is codified as the formative halacha in Mishpitei Aretz 12:13.</ref>

==Who Can Separate?==
#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>
##Adult family members living with and supported by the homeowner 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>
##A guest may separate tithes from his own portion, even without the host’s permission.<ref>Yerushalmi Demai 7:1; Chazon Ish Demai 9:22; Mishpitei Aretz 9:8. If, however, one knows that the host specifically does not want him to separate Trumot and Maaserot, see Mishpitei Aretz Ibid. fn. 13.</ref>
#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>
##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). [There is an opinion of the Ketzot Hachoshen 243:8 who disagrees; see Derech Emunah Biur Halacha Ad. Loc. who discusses this 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>
#A minor cannot separate Trumot and Maaserot, even from their own produce.<ref>Rambam Trumot 4:2; Shulchan Aruch Y.D. 331:30; Mishpitei Aretz 9:9 (see 9:10-11 with regards to the case of ''mufla samuch l'ish'' i.e a boy who is 12 years old).</ref>

== Sources ==

Tevel and Demai

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NachiScheiner: Created blank page

Obligation of Trumot and Maaserot

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NachiScheiner:

==The Obligation to Tithe==
#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> today, the practice of taking Trumot and Maaserot is only a Rabbinic requirement.<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.
*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>
##Some are of the opinion that if majority of the Jewish people live in Eretz Yisrael then separating Trumot and Maaserot becomes a Biblical requirement.<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. 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.</ref>
#The status of Tevel (prohibited untithed produce), and likewise the obligation to separate Trumot and Maaserot, sets in on produce that has reached a third of its growth, also know as Onat Hamaaserot.<ref>Mishnayot Maaserot chapter 1 (see hakdamah of Shiurim b'Mishnayot to Mesechet Maaserot where he writes that in this context Maaserot includes Trumot); Rambam Maaser 2:3; Mishpitei Aretz 6:1.</ref><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. 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>
##One shouldn't separate Trumot and Maaserot until the produce has reached its Gemar Melacha (lit. the finishing of its processing).<ref>Mishnah Trumot 1:10; Rambam Trumot 5:4; Shulchan Aruch Y.D. 331:54. 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> 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>
#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>
===Produce Outside of Israel===
#Produce grown outside of Eretz Yisrael is not obligated in Trumot and Maaserot.<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>
#Produce grown in Eretz Yisrael and then exported is 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>
##Some are of the opinion that if the Gemar Melacha happened in Chutz la'Aretz (lit. outside of Israel) then the produce is 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>
===Produce of a Non-Jew===
#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>
#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>
===Ownerless Produce===
#Produce that was ownerless at any point between reaching one-third growth and final processing is exempt from Trumot and Maaserot.<ref>Sifrei Devarim 14; Rash Pe'ah 1:6; Rambam Trumot 2:11 with Derech Emunah 95; Mishpitei Aretz 5:1,3. </ref>
##Fruit trees grown in public areas from which anyone is allowed to take their fruits (e.g trees planted for the purpose of beautifying the public area and the owner doesn't care who takes the fruit) may be considered ownerless and exempt from Trumot and Maaserot.<ref>Mishpitei Aretz 5:2 based off of Rambam Maaser 1:12; HaTorah v'Haaretz vol. 4 pg. 58-61.

However, trees grown in private property, even if it is known that the owner allows people to take, should still have Trumot and Maaserot separated (maybe without a bracha- see [https://www.toraland.org.il/%D7%A9%D7%90%D7%9C%D7%95%D7%AA-%D7%95%D7%AA%D7%A9%D7%95%D7%91%D7%95%D7%AA/%D7%94%D7%90%D7%A8%D7%A5-%D7%95%D7%9E%D7%A6%D7%95%D7%95%D7%AA%D7%99%D7%94/%D7%AA%D7%A8%D7%95%D7%9E%D7%95%D7%AA-%D7%95%D7%9E%D7%A2%D7%A9%D7%A8%D7%95%D7%AA/%D7%92%D7%99%D7%93%D7%95%D7%9C%D7%99%D7%9D-%D7%94%D7%97%D7%99%D7%99%D7%91%D7%99%D7%9D-%D7%91%D7%AA%D7%A8%D7%95%D7%9E/%D7%AA%D7%A8%D7%95%D7%9E%D7%95%D7%AA-%D7%95%D7%9E%D7%A2%D7%A9%D7%A8%D7%95%D7%AA-%D7%9E%D7%A4%D7%99%D7%A8%D7%95%D7%AA-%D7%A9%D7%92%D7%93%D7%9C%D7%99%D7%9D-%D7%91%D7%92%D7%99%D7%A0%D7%95%D7%9F-%D7%94%D7%A6%D7%99%D7%91%D7%95%D7%A8%D7%99/ מכון התורה והראץ פירות שגדלו בגינון ציבורי]). </ref>
##Fruit trees grown by a town are exempt from tithes if open to everyone, but they are subject to Terumot and Maaserot if harvest rights are restricted to local residents.<ref>HaTorah v'Haaretz vol. 4 pg. 58-61.</ref>
#Produce made ownerless after its processing has finished is obligated in Trumot and Maaserot.<ref>Tosfot Bava Metziah 21b s.v. ''Poteret''; Rash Pe'ah 1:6; Derech Emunah Trumot 1:12 si'if katan 95; amongst many others (see Derech Emunah Bi'ur Halacha s.v. v'Chein and Trumat Ha'aretz, Machon HaTorah v'Haaretz 2:11) write that produce made ownerless after the Gemar Melacha is aboslutely obligated in Trumot and Maaserot. [For some the obligation is Biblical, yet for others only Rabbanic- see Trumat Ha'aretz Ibid.].

However, the Minchas Chinuch (395:7), Rivmatz (Pe'ah 1:6), Rav Issur Zalman Meltzer (Chiddushim to Rambam Maaser 3:20), amongst others (see Trumat Ha'aretz Ibid.) are of the opinion that the produce is exempt.

Given the debate, some suggest to separate without reciting a bracha, but Rav Mordechai Willig (oral communication) said we follow the Derech Emunah.</ref>
==Which Produce?==
#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, 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). 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. 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 the 5 grains, grapes, and olives have a biblical obligation.</ref>
#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>
#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. However, many Achronim disagree with this position and write that there would be a biblical obligation (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1). Nevertheless, nowadays everyone agrees that there is a status of Tevel Derabanan to the juices and a separation 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 derabanan (e.g Tevel nowadays) onto double derabanan's (e.g Tevel juices nowadays) or vise versa.</ref>
##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>
#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>
#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>
##Human food crops that are grown to be used for animal food need to have Trumot and Maaserot separated from them out of halachic 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>
#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.). 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 imported from Chutz la'Aretz.</ref>
##Some are stringent to separate Trumot and Maaserot from tea leaves.<ref>Rav Mordechai Eliyahu cited in Hilchot Ha'aretz, 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>

== Sources ==

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-12-26T17:07:15Z

NachiScheiner: /* Maaser Sheini */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-12-26T17:04:10Z

NachiScheiner: /* Transferring Maaser Sheini Money from One Coin to Another */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large Trumah)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen who separates Trumah from his own produce may keep it for himself..<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, since all Kohanim are presumed ''Tamei l’Meit'' (ritually impure due to contact with the dead), Trumah may not be eaten.<ref>Rambam Trumot 7:1-3. There are two separate prohibitions when it comes to Trumah ''t'mei'ah'': 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''.

* A non-Kohen who eats Trumah ''b'meizid'' (purposely) is ''chayav mitah bidei shamayim'' and ''b'shogeig'' he pays the Trumah plus 1/5 back (Rambam Trumot 6:5-6). Rav Moshe Shternbuch (Sh"t Teshuvot v'Hanhagot 3:341) notes that nowadays we don't pay the Trumah and the 1/5 back. </ref> Consequently, there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''Min Hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi who separates Maaser from his own produce may keep it for himself.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim (non-Kohanim/Levi'im) give their definite Maaser to Levi'im to eat,<ref>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.</ref> while others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is the third required separation. It is 10% of the Maaser Rishon, and this portion is given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael (non-Kohen, non-Levi) may separate Trumat Maaser from the Maaser Rishon that he has not yet given to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle, Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> For how we calculate the year for Maasrot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining Tevel produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheni is eaten <ref>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.</ref>in Yerushalayim in a state of ritual purity (b’taharah)<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> when the Beit HaMikdash stands.<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# Nowadays, when there's no Beit Hamikdash and we are all ''Tameih,'' impure, the custom is to always redeem the Maaser Sheini. Once the Maaser Sheini is redeemed it may be eaten by anyone.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''prutah'' that it is being redeemed upon.<ref>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.</ref>
### One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of use in the markets of the location of redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''prutah'' left on the coin.<ref>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.</ref>
##One may not redeem produce worth less than a ''prutah'' onto a regular coin.<ref>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.]
*The Chazon Ish (Demai 3:16), based on the Rambam's view that a 1/5 addition is only required if it's worth a prutah, advises separating the redemption of the Rabbinic 1/5 from the Maaser itself (i.e., say "hu v'chumsho m'chulal al prutah urevi'ah"). [However, when the Maaser and the 1/5 are both Deoryta, then one may combine them into a single redemption onto one ''prutah'' (see Chazon Ish Ibid. and Sh"t Minchat Shlomo 2:67:13-14)]. On the flipside, the Chazon Ish (Ibid. 3:15) cautions against redeeming the 1/5 onto an entirely separate coin to avoid redeeming less than a prutah.
*Additionally, some (see Mishpitei Aretz chap. 15 fn. 33) 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.</ref>
###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'').<ref>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.
*Sh"t Bsamim Rosh (cited in Sh"t Minchat Shlomo 2:67:6) is of the opinion that this only works when the ''prutah'' belongs to the redeemer. However, Rav Shlomo Zalman (Ibid.) disagrees.</ref> When one redeems in a such a fashion he adds ''m'chulal hu v'chumsho '''b'shovyo'''.'' to his pidyon recitation.<ref>Nusach Hafrashah l'Hachazon Ish (cited in Mishpitei Aretz chap. 15 fn. 28; see also Kuntris Hilchot Trumot u'Maaserot at the end of volume 3 of Derech Emunah, pg. 754) based on Bava Metziah 52b and the Ritva Ad. Loc.</ref> For more details on the recitation see [[Text for Separating Trumot and Maaserot]].
####The Chazon Ish requires that the Maaser Sheini on the coin be of equal or higher halachic obligation to the less than a ''prutah'' Maaser Sheini that you are coming to redeem.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 30; Mishpitei Aretz 15:11.

*Maaser Sheini that is only based on one Rabbinic enacment (e.g grains, wine and oil nowadays) are on a higher level than those based on two Rabbinic enacments (e.g vegetables nowadays or wine/oil/grains that were completed with intent to sell) [see Derech Emunah Ibid.].</ref> Therefore, he recommends using a ''prutah'' ''chamurah''—a coin on which at least a prutah<ref>Nowadays when currency is so fluctuant, it's advisable to redeem a few ''prutot chamurot'' in case the currency goes down in value (Derech Emunah Maaser Sheini chap. 5 siif katan 34)</ref> of the highest-level Maaser Sheni (from wine, oil, or grain grown for the owner’s own use) has already been redeemed.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 34; Mishpitei Arertz 15:12.</ref>
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1; Mishpitei Aretz 15:3-4. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''prutah''

== Transferring Maaser Sheini Money from One Coin to Another ==

#One may take a coin filled with Maaser Sheini and redeem it upon a ''prutah'' of another coin.<ref>Rambam Maaser Sheini 4:5 that one shouldn't redeem coins onto coins, but if they did their actions are effective. The Chazon Ish (Demai 3:12; Derech Emunah Maaser Sheini chap. 4 si'if katan 36) reasons given that Maaser Sheini coins are disposed of into the sea and there's a monetary loss involved one can redeem coins onto coins. Additionally, since in the first place we don't redeem the actual value of the fruits onto the coin, we are lenient to also redeem coins onto coins.

*Nevertheless, there if one wants to be stringent and avoid any doubts they should redeem together the Maaser Sheini coin with some Maaser Sheini fruits onto the new coin (see Mishpitei Aretz 15:21 for the text to recite in such a case). </ref> When redeeming one's own coin onto another one of his coins, he adds a 1/5.<ref>Tosfot Bava Metziah 54b; Kuntres Hilchot Trumot u'Maaserot Shenidfas Al Pi Maran Hachazon Ish brought in Derech Emunah volume 3 pg. 377; Sh"t Minchat Shlomo 2:67:14.

* The Rambam (5:13), however, is of the opinion that one does not add a 1/5. See Rashash to Tosfot Bava Metziah Ibid.</ref>
##The Chazon Ish<ref>Chazon Ish Demai end of chap. 15; Derech Emunah Maaser Sheini chap. 5 siif katan 30. See there for the text to recite.</ref> adds that it is worthwhile to leave over a ''prutah chamurah'' on the first coin this way it can be re-used for future redemptions.
#The coin that the money was transferred onto must be destroyed, and one cannot transfer it to a third coin.<ref>Mishpitei Aretz 15:20 citing from the Imrei Yosher quoting the Chazon Ish.</ref>

== Maaser Ani ==

== Sources ==
<references />

Trumot and Maaserot

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NachiScheiner:

Trumot (heave offerings) and Maaserot (tithes) are agricultural gifts designated for the Kohanim and Levi’im. Produce from which these gifts have not yet been separated is called Tevel. From his Tevel, the owner first separates a small portion as Trumah for a Kohen, and then gives Maaser Rishon—ten percent—to a Levi. The Levi, in turn, separates Trumat Maaser, a portion of his Ma‘aser, and gives it to a Kohen. After these separations, the owner sets aside an additional ten percent: either Maaser Ani, given to the poor in certain years, or Maaser Sheini, which is eaten in Jerusalem in other years.

== General Rules of Trumah and Maaser ==

* [[Obligation of Terumot and Maaserot|Obligation of Trumot and Maaserot]]
* [[The Rules of Separating Trumot and Maaserot]]
* [[Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani]]
* [[Text for Separating Trumot and Maaserot]]
<references/>
[[Category:Land of Israel]]

The Rules of Separating Trumot and Maaserot

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NachiScheiner: /* General Rules of Separating */

==General Rules of Separating==
===Separating produce from different years===
#Trumot and Maaserot may not be separated from one year's harvest for another's. If done, the separation is void and must be repeated correctly.<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. 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>
====How is a year counted for Trumot and Maaserot?====
#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>
##Some are of the opinion that Trumot and Maaserot are counted from when the vegetables complete their ripening (i.e when 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>
#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. Regarding the parameters of a third of its growth is see section "The Obligation to Tithe."</ref>
#For fruit trees the year begins on [[Tu BiShevat|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 are counted from. Most Rishonim assume that they go by 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 it depends on 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>
##Regarding the [[Etrog|Etrog,]] Trumot and Maaserot are counted from when it was harvested.<ref>Rambam Maaser Sheini 1:5; Shulachan Aruch Y.D. 331:126; Mishpitei Aretz 8:6.</ref>
##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. 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>
===Separating from different species onto each other===
#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>
===Separating from the exempt for the obligated===
#One cannot fulfill the obligation of tithing by separating exempt produce—such as that grown outside Israel, owned by a non-Jew, or already tithed—for produce that remains obligated. If done, the separation is invalid, and the tithing process must be repeated correctly.<ref>Mishnah Trumot 1:5; Rambam Trumot 5:12; Shulchan Aruch Y.D. 331:58.</ref>
##Similarly, one shouldn't separate from safeik (uncertain) Tevel for 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.
##Ideally, one should not separate produce obligated in Trumot and Maaserot by one rabbinic enactment (e.g produce nowadays) for 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. The Turei Even (Megillah 19b) disagrees with this entire idea and writes that all levels of derabanan are equal. 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>
#Trumot and Maaserot may not be separated between produce attached to the ground and harvested produce, nor between two different batches of attached produce. Any separation performed in this manner is void, and the tithes must be retaken correctly.<ref>Kiddushin 62a; Rambam Trumot 5:9; Shulchan Aruch Y.D. 331:55; Mishpitei Aretz 8:15 fn. 53. 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>
===Separating from the bad for the good===
#Nowadays, one may separate Trumah, Trumat Maaser, and Maaser Sheini from lower quality produce for 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>
#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>
##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>
===Separating on Shabbat and Yom Tov===
#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>
##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>

== ''Min Hamukaf'' (lit. from that which is together) ==

# ''Mukaf'' means together, close by.<ref>Rashi Gittin 30b, amongst many others (see Derech Emunah Trumot chap. 3 Tziyun Halacha 260). </ref> Some explain it to mean surrounded by.<ref>Rambam Peirush Hamishnayot Trumot 4:3 (see Derech Emunah Trumot chap. 3 Tziyun Halacha 260). </ref>
# Trumah Gedolah should be separated ''Min Hamukaf,'' i.e the Trumah should be taken from produce that is grouped together''.''<ref>Mishnah Challah 1:9; Rambam Trumot 3:17; Shulchan Aruch Y.D. 331:25.

*Most Rishonim (see Rashi Sotah 30a, Tosfot Yevamot 92b, Rash Bikkurim 2:5, Rashba, Ritva and Ran Gittin 30b, amongst many others- for a more detailed list see Derech Emunah Trumot 3:17 Tziyun Halacha 262) assume ''Min Hamukaf'' is a din Deoryta learned from the pasuk 'והרמותם ממנו', מן המוקף לו.

*Some Rishonim (see Rashi Gittin 30b, Ritva Bava Metziah 38a quoting from his Rebbe, Raavad Trumot 3:20, amongst others- for a more detailed list see Derech Emunah Trumot 3:17 Tziyun Halacha 265) are of the opinion that it is only a din Derabanan and the ''drasha'' is only an ''asmachta''.</ref> Nevertheless, if it wasn't, the Trumah is still effective.<ref>Rambam Trumot 3:17; Shulchan Aruch Y.D. 331:25; Mishpitei Aretz 12:1.

*See, however, Maadanei Aretz (volume 2 Halachot Pesukot 3:17) who suggests to revoke the separation. For more details on revoking separation see Mishpitei Aretz chapter 18.</ref>
## Ideally, one should separate Trumat Maaser ''Min Hamukaf''.<ref>The Rambam (Trumot 3:20; cited also in the Rama Y.D. 331:24) writes that Trumat Maaser does not need to be separated ''Min Hamukaf,'' nonetheless, Talmidei Chachamim are careful to separate ''Min Hamukaf.'' The Shach (Y.D. 331:24) explains that Talmidei Chachamim are careful as the most ideal (''Mitzvah Min Hamuvchar'') way to separate Trumat Maaser is ''Min Hamukaf''. This is the formative halacha brought down in Mishpitei Aretz 12:4.

*There are some Rishonim (Tosfot Gittin 30b, amongst many others- see Derech Emunah Trumot 3:20 Tziyun Halacha 361) who write that ''Min Hamukaf'' is a regular din Derabanan, not just a ''Mitzvah Min Hamuvchar''. Contrarily, the Raavad (Trumot 3:20) writes that ''Min Hamukaf'' by Trumat Maaser only applies to a Levi that separates from his Maaser.</ref>
## Maaser Rishon, Sheini and Ani do not need to be separated ''Min Hamukaf.''<ref>The Rambam (Maaser 1:6 based off of the Yerushalmi Trumot 2:2; cited also in Shulchan Aruch Y.D. 331:71) writes that Maaser Rishon does not need to be separated ''Min Hamukaf.'' This is the formative halacha cited in Shaarei Tzedek of the Chochmat Adam (10:11) and Mishpitei Aretz (12:5). </ref> However, some are of the opinion that they should be separated ''Min Hamukaf''.<ref>Some Rishonim (Ritva Niddah 7a, Meiri Kiddushin 51a, amongst others- see Derech Emunah Maaser 1:6 Tziyun Halacha 67) are of the opinion that there is a din derabanan of ''Mukaf'' by Maaser Rishon, Sheini and Ani.

*The Tosfot Rid Bava Kamma 115b is of the opinion that the ''Mukaf'' that's needed for Maaser Rishon, Sheini and Ani is only that the produce all be in his possession, not that they actually are physically touching.</ref>
#Regarding produce placed in an open area, as long as they are in a close proximity of each other they are considered to be ''Min Hamukaf.''<ref>Shulchan Aruch Y.D. 325:2 citing from the Rosh; Rash Maaser Sheini 3:13 quoted and explained by the Chazon Ish (Zeraim Likutim 4:5); Biur Hagra Y.D. 325:8. This is the main opinion cited in Mishpitei Aretz 12:5. </ref> Some are stringent and require the produce to be touching.<ref>This is the opinion of Rabbeinu Tam (Sefer Hayashar Sh"t page 172, cited in Mishpitei Aretz chap. 12 fn. 10; see also Tosfot Pesachim 46b s.v. Ho'il v'ie at the end). </ref>
#The walls of a room combine the produce within them to make them ''Mukaf.''<ref>Rambam Trumot 3:18 (see comments of Derech Emunah Ad. Loc.); Shulchan Aruch Y.D. 331:26; Mishpitei Aretz 12:7. See also Biur Hagra Y.D. 325:8 and Derech Emunah Trumot Biur Halacha 3:18 who speak at legnth about this topic. </ref>
#Produce of the same species<ref>See Rambam Trumot 3:19; Mishpitei Aretz 12:12 regarding a mixture of different species within one vessel. </ref> that is held in separate containers has the status of ''Mukaf'' only when the containers are in contact.<ref>Rambam Trumot 3:18 (according to Derech Emunah Ad. Loc. si'if katan 159); Biur Hagra Y.D. 325:8; Derech Emunah Trumot Biur Halacha 3:18; Mishpitei Aretz 12:8.</ref> This is necessary even when the containers are within the walls of a room.
##If the vessels are sealed and opening them would impair the product's quality (e.g., wine barrels), Trumah must be separated from each vessel individually.<ref>Rambam Trumot 3:18 regarding wine barrels. Some extend this halacha to any sealed produce which opening it would harm the quality (see Derech Emunah Ad. Loc. 160 and Tziyun Halacha 227; Mishpitei Aretz 12:9 fn. 17). Nonetheless, Derech Emunah (in Tziyun Halacha Ibid.) specifies that even if the halacha applied to all products, it would only concern large, significant vessels sealed in a way that requires breaking to open, such as a glued wine barrel.</ref>
#For Shabbat and Yom Tov, if pressed for time, one may separate not ''Min Hamukaf''.<ref>Tosfot Gittin 30b, Yevamot 93b, amonst other places. Other Rishonim leave out this leniency, but nevertheless it is cited as l'halacha in the Sha'arei Tzedek of the Chochmat Adam and in the Chalat Lechem (see Mishpitei Aretz chap. 12 fn. 23). It is codified as the formative halacha in Mishpitei Aretz 12:13.</ref>

==Who Can Separate?==
#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>
##Adult family members living with and supported by the homeowner 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>
##A guest may separate tithes from his own portion, even without the host’s permission.<ref>Yerushalmi Demai 7:1; Chazon Ish Demai 9:22; Mishpitei Aretz 9:8. If, however, one knows that the host specifically does not want him to separate Trumot and Maaserot, see Mishpitei Aretz Ibid. fn. 13.</ref>
#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>
##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). [There is an opinion of the Ketzot Hachoshen 243:8 who disagrees; see Derech Emunah Biur Halacha Ad. Loc. who discusses this 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>
#A minor cannot separate Trumot and Maaserot, even from their own produce.<ref>Rambam Trumot 4:2; Shulchan Aruch Y.D. 331:30; Mishpitei Aretz 9:9 (see 9:10-11 with regards to the case of ''mufla samuch l'ish'' i.e a boy who is 12 years old).</ref>

== Sources ==

Obligation of Trumot and Maaserot

2025-12-26T15:21:56Z

NachiScheiner:

Obligation of Trumot and Maaserot

2025-12-26T15:19:09Z

NachiScheiner:

==The Obligation to Tithe==
#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> today, the practice of taking Trumot and Maaserot is only a Rabbinic requirement.<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.
*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>
##Some are of the opinion that if majority of the Jewish people live in Eretz Yisrael then separating Trumot and Maaserot becomes a Biblical requirement.<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. 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.</ref>
#The status of Tevel (prohibited untithed produce), and likewise the obligation to separate Trumot and Maaserot, sets in on produce that has reached a third of its growth, also know as Onat Hamaaserot.<ref>Mishnayot Maaserot chapter 1 (see hakdamah of Shiurim b'Mishnayot to Mesechet Maaserot where he writes that in this context Maaserot includes Trumot); Rambam Maaser 2:3; Mishpitei Aretz 6:1.</ref><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. 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>
##One shouldn't separate Trumot and Maaserot until the produce has reached its Gemar Melacha (lit. the finishing of its processing).<ref>Mishnah Trumot 1:10; Rambam Trumot 5:4; Shulchan Aruch Y.D. 331:54. 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> 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>
#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>
===Produce Outside of Israel===
#Produce grown outside of Eretz Yisrael is not obligated in Trumot and Maaserot.<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>
#Produce grown in Eretz Yisrael and then exported is 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>
##Some are of the opinion that if the Gemar Melacha happened in Chutz la'Aretz (lit. outside of Israel) then the produce is 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>
===Produce of a Non-Jew===
#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>
#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>
===Ownerless Produce===
#Produce that was ownerless at any point between reaching one-third growth and final processing is exempt from Trumot and Maaserot.<ref>Sifrei Devarim 14; Rash Pe'ah 1:6; Rambam Trumot 2:11 with Derech Emunah 95; Mishpitei Aretz 5:1,3. </ref>
##Fruit trees grown in public areas from which anyone is allowed to take their fruits (e.g trees planted for the purpose of beautifying the public area and the owner doesn't care who takes the fruit) may be considered ownerless and exempt from Trumot and Maaserot.<ref>Mishpitei Aretz 5:2 based off of Rambam Maaser 1:12; HaTorah v'Haaretz vol. 4 pg. 58-61.

However, trees grown in private property, even if it is known that the owner allows people to take, should still have Trumot and Maaserot separated (maybe without a bracha- see [https://www.toraland.org.il/%D7%A9%D7%90%D7%9C%D7%95%D7%AA-%D7%95%D7%AA%D7%A9%D7%95%D7%91%D7%95%D7%AA/%D7%94%D7%90%D7%A8%D7%A5-%D7%95%D7%9E%D7%A6%D7%95%D7%95%D7%AA%D7%99%D7%94/%D7%AA%D7%A8%D7%95%D7%9E%D7%95%D7%AA-%D7%95%D7%9E%D7%A2%D7%A9%D7%A8%D7%95%D7%AA/%D7%92%D7%99%D7%93%D7%95%D7%9C%D7%99%D7%9D-%D7%94%D7%97%D7%99%D7%99%D7%91%D7%99%D7%9D-%D7%91%D7%AA%D7%A8%D7%95%D7%9E/%D7%AA%D7%A8%D7%95%D7%9E%D7%95%D7%AA-%D7%95%D7%9E%D7%A2%D7%A9%D7%A8%D7%95%D7%AA-%D7%9E%D7%A4%D7%99%D7%A8%D7%95%D7%AA-%D7%A9%D7%92%D7%93%D7%9C%D7%99%D7%9D-%D7%91%D7%92%D7%99%D7%A0%D7%95%D7%9F-%D7%94%D7%A6%D7%99%D7%91%D7%95%D7%A8%D7%99/ מכון התורה והראץ פירות שגדלו בגינון ציבורי]). </ref>
##Fruit trees grown by a town are exempt from tithes if open to everyone, but they are subject to Terumot and Maaserot if harvest rights are restricted to local residents.<ref>HaTorah v'Haaretz vol. 4 pg. 58-61.</ref>
#Produce made ownerless after its processing has finished is obligated in Trumot and Maaserot.<ref>Tosfot Bava Metziah 21b s.v. ''Poteret''; Rash Pe'ah 1:6; Derech Emunah Trumot 1:12 si'if katan 95; amongst many others (see Derech Emunah Bi'ur Halacha s.v. v'Chein and Trumat Ha'aretz, Machon HaTorah v'Haaretz 2:11) write that produce made ownerless after the Gemar Melacha is aboslutely obligated in Trumot and Maaserot. [For some the obligation is Biblical, yet for others only Rabbanic- see Trumat Ha'aretz Ibid.].

However, the Minchas Chinuch (395:7), Rivmatz (Pe'ah 1:6), Rav Issur Zalman Meltzer (Chiddushim to Rambam Maaser 3:20), amongst others (see Trumat Ha'aretz Ibid.) are of the opinion that the produce is exempt.

Given the debate, some suggest to separate without reciting a bracha, but Rav Mordechai Willig (oral communication) said we follow the Derech Emunah.</ref>
==Which Produce?==
#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, 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). 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. 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 the 5 grains, grapes, and olives have a biblical obligation.</ref>
#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>
#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. However, many Achronim disagree with this position and write that there would be a biblical obligation (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1). Nevertheless, nowadays everyone agrees that there is a status of Tevel Derabanan to the juices and a separation 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 derabanan (e.g Tevel nowadays) onto double derabanan's (e.g Tevel juices nowadays) or vise versa.</ref>
##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>
#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>
#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>
##Human food crops that are grown to be used for animal food need to have Trumot and Maaserot separated from them due to a halachic 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>
#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.). 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 imported from Chutz la'Aretz.</ref>
##Some are stringent to always separate Trumot and Maaserot from tea leaves.<ref>Rav Mordechai Eliyahu cited in Hilchot Ha'aretz, 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>

== Sources ==

Obligation of Trumot and Maaserot

2025-12-25T17:17:25Z

NachiScheiner:

==The Obligation to Tithe==
#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> today, the practice of taking Trumot and Maaserot is only a Rabbinic requirement.<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.
*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>
##Some are of the opinion that if majority of the Jewish people live in Eretz Yisrael then separating Trumot and Maaserot becomes a Biblical requirement.<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. 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.</ref>
#The status of Tevel (prohibited untithed produce), and likewise the obligation to separate Trumot and Maaserot, sets in on produce that has reached a third of its growth, also know as Onat Hamaaserot.<ref>Mishnayot Maaserot chapter 1 (see hakdamah of Shiurim b'Mishnayot to Mesechet Maaserot where he writes that in this context Maaserot includes Trumot); Rambam Maaser 2:3; Mishpitei Aretz 6:1.</ref><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. 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>
##One shouldn't separate Trumot and Maaserot until the produce has reached its Gemar Melacha (lit. the finishing of its processing).<ref>Mishnah Trumot 1:10; Rambam Trumot 5:4; Shulchan Aruch Y.D. 331:54. 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> 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>
#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>
===Produce Outside of Israel===
#Produce grown outside of Eretz Yisrael is not obligated in Trumot and Maaserot.<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>
#Produce grown in Eretz Yisrael and then exported is 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>
##Some are of the opinion that if the Gemar Melacha happened in Chutz la'Aretz (lit. outside of Israel) then the produce is 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>
===Produce of a Non-Jew===
#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>
#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>
===Ownerless Produce===
#Produce that was ownerless at any point between reaching one-third growth and final processing is exempt from Trumot and Maaserot.<ref>Sifrei Devarim 14; Rash Pe'ah 1:6; Rambam Trumot 2:11 with Derech Emunah 95; Mishpitei Aretz 5:1,3. </ref>
##Fruit trees grown in public areas from which anyone is allowed to take their fruits (e.g trees planted for the purpose of beautifying the public area and the owner doesn't care who takes the fruit) may be considered ownerless and exempt from Trumot and Maaserot.<ref>Mishpitei Aretz 5:2 based off of Rambam Maaser 1:12; HaTorah v'Haaretz vol. 4 pg. 58-61.

However, trees grown in private property, even if it is known that the owner allows people to take, should still have Trumot and Maaserot separated (maybe without a bracha- see [https://www.toraland.org.il/%D7%A9%D7%90%D7%9C%D7%95%D7%AA-%D7%95%D7%AA%D7%A9%D7%95%D7%91%D7%95%D7%AA/%D7%94%D7%90%D7%A8%D7%A5-%D7%95%D7%9E%D7%A6%D7%95%D7%95%D7%AA%D7%99%D7%94/%D7%AA%D7%A8%D7%95%D7%9E%D7%95%D7%AA-%D7%95%D7%9E%D7%A2%D7%A9%D7%A8%D7%95%D7%AA/%D7%92%D7%99%D7%93%D7%95%D7%9C%D7%99%D7%9D-%D7%94%D7%97%D7%99%D7%99%D7%91%D7%99%D7%9D-%D7%91%D7%AA%D7%A8%D7%95%D7%9E/%D7%AA%D7%A8%D7%95%D7%9E%D7%95%D7%AA-%D7%95%D7%9E%D7%A2%D7%A9%D7%A8%D7%95%D7%AA-%D7%9E%D7%A4%D7%99%D7%A8%D7%95%D7%AA-%D7%A9%D7%92%D7%93%D7%9C%D7%99%D7%9D-%D7%91%D7%92%D7%99%D7%A0%D7%95%D7%9F-%D7%94%D7%A6%D7%99%D7%91%D7%95%D7%A8%D7%99/ מכון התורה והראץ פירות שגדלו בגינון ציבורי]). </ref>
##Fruit trees grown by a town are exempt from tithes if open to everyone, but they are subject to Terumot and Maaserot if harvest rights are restricted to local residents.<ref>HaTorah v'Haaretz vol. 4 pg. 58-61.</ref>
#Produce made ownerless after its processing has finished is obligated in Trumot and Maaserot, but a bracha should not be recited.<ref>Tosfot Bava Metziah 21b s.v. ''Poteret''; Rash Pe'ah 1:6; Derech Emunah Trumot 1:12 si'if katan 95; amongst many others (see Derech Emunah Bi'ur Halacha s.v. v'Chein and Trumat Ha'aretz, Machon HaTorah v'Haaretz 2:11) write that produce made ownerless after the Gemar Melacha is aboslutely obligated in Trumot and Maaserot. [For some the obligation is Biblical, yet for others only Rabbanic- see Trumat Ha'aretz Ibid.].

However, the Minchas Chinuch (395:7), Rivmatz (Pe'ah 1:6), Rav Issur Zalman Meltzer (Chiddushim to Rambam Maaser 3:20), amongst others (see Trumat Ha'aretz Ibid.) are of the opinion that the produce is exempt.

Given the debate, some suggest to separate without reciting a bracha.</ref>
==Which Produce?==
#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, 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). 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. 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 the 5 grains, grapes, and olives have a biblical obligation.</ref>
#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>
#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. However, many Achronim disagree with this position and write that there would be a biblical obligation (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1). Nevertheless, nowadays everyone agrees that there is a status of Tevel Derabanan to the juices and a separation 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 derabanan (e.g Tevel nowadays) onto double derabanan's (e.g Tevel juices nowadays) or vise versa.</ref>
##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>
#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>
#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>
##Human food crops that are grown to be used for animal food need to have Trumot and Maaserot separated from them due to a halachic 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>
#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.). 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 imported from Chutz la'Aretz.</ref>
##Some are stringent to always separate Trumot and Maaserot from tea leaves.<ref>Rav Mordechai Eliyahu cited in Hilchot Ha'aretz, 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>

== Sources ==

Obligation of Trumot and Maaserot

2025-12-25T17:15:53Z

NachiScheiner:

==The Obligation to Tithe==
#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> today, the practice of taking Trumot and Maaserot is only a Rabbinic requirement.<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.
*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>
##Some are of the opinion that if majority of the Jewish people live in Eretz Yisrael then separating Trumot and Maaserot becomes a Biblical requirement.<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. 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.</ref>
#The status of Tevel (prohibited untithed produce), and likewise the obligation to separate Trumot and Maaserot, sets in on produce that has reached a third of its growth, also know as Onat Hamaaserot.<ref>Mishnayot Maaserot chapter 1 (see hakdamah of Shiurim b'Mishnayot to Mesechet Maaserot where he writes that in this context Maaserot includes Trumot); Rambam Maaser 2:3; Mishpitei Aretz 6:1.</ref><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. 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>
##One shouldn't separate Trumot and Maaserot until the produce has reached its Gemar Melacha (lit. the finishing of its processing).<ref>Mishnah Trumot 1:10; Rambam Trumot 5:4; Shulchan Aruch Y.D. 331:54. 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> 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>
#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>
===Produce Outside of Israel===
#Produce grown outside of Eretz Yisrael is not obligated in Trumot and Maaserot.<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>
#Produce grown in Eretz Yisrael and then exported is 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>
##Some are of the opinion that if the Gemar Melacha happened in Chutz la'Aretz (lit. outside of Israel) then the produce is 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>
===Produce of a Non-Jew===
#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>
#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>
===Ownerless Produce===
#Produce that was ownerless at any point between reaching one-third growth and final processing is exempt from Trumot and Maaserot.<ref>Sifrei Devarim 14; Rash Pe'ah 1:6; Rambam Trumot 2:11 with Derech Emunah 95; Mishpitei Aretz 5:1,3. </ref>
##Fruit trees grown in public areas from which anyone is allowed to take their fruits (e.g trees planted for the purpose of beautifying the public area and the owner doesn't care who takes the fruit) may be considered ownerless and exempt from Trumot and Maaserot.<ref>Mishpitei Aretz 5:2 based off of Rambam Maaser 1:12; HaTorah v'Haaretz vol. 4 pg. 58-61.

However, trees grown in private property, even if it is known that the owner allows people to take, should still have Trumot and Maaserot separated (maybe without a bracha- see [https://www.toraland.org.il/%D7%A9%D7%90%D7%9C%D7%95%D7%AA-%D7%95%D7%AA%D7%A9%D7%95%D7%91%D7%95%D7%AA/%D7%94%D7%90%D7%A8%D7%A5-%D7%95%D7%9E%D7%A6%D7%95%D7%95%D7%AA%D7%99%D7%94/%D7%AA%D7%A8%D7%95%D7%9E%D7%95%D7%AA-%D7%95%D7%9E%D7%A2%D7%A9%D7%A8%D7%95%D7%AA/%D7%92%D7%99%D7%93%D7%95%D7%9C%D7%99%D7%9D-%D7%94%D7%97%D7%99%D7%99%D7%91%D7%99%D7%9D-%D7%91%D7%AA%D7%A8%D7%95%D7%9E/%D7%AA%D7%A8%D7%95%D7%9E%D7%95%D7%AA-%D7%95%D7%9E%D7%A2%D7%A9%D7%A8%D7%95%D7%AA-%D7%9E%D7%A4%D7%99%D7%A8%D7%95%D7%AA-%D7%A9%D7%92%D7%93%D7%9C%D7%99%D7%9D-%D7%91%D7%92%D7%99%D7%A0%D7%95%D7%9F-%D7%94%D7%A6%D7%99%D7%91%D7%95%D7%A8%D7%99/ מכון התורה והראץ פירות שגדלו בגינון ציבורי]). </ref>
##Fruit trees grown by a town are exempt from tithes if open to everyone, but they are subject to Terumot and Maaserot if harvest rights are restricted to local residents.<ref>HaTorah v'Haaretz vol. 4 pg. 58-61.</ref>
#Produce made ownerless after its processing has finished is obligated in Trumot and Maaserot, but a bracha should not be recited.<ref>Tosfot Bava Metziah 21b s.v. ''Poteret''; Rash Pe'ah 1:6; Derech Emunah Trumot 1:12 si'if katan 95; amongst many others (see Derech Emunah Bi'ur Halacha s.v. v'Chein and Trumat Ha'aretz 2:11) write that produce made ownerless after the Gemar Melacha is aboslutely obligated in Trumot and Maaserot. [For some the obligation is Biblical, yet for others only Rabbanic- see Trumat Ha'aretz Ibid.].

However, the Minchas Chinuch (395:7), Rivmatz (Pe'ah 1:6), Rav Issur Zalman Meltzer (Chiddushim to Rambam Maaser 3:20), amongst others (see Trumat Ha'aretz Ibid.) are of the opinion that the produce is exempt.

Given the debate, some suggest to separate without reciting a bracha.</ref>
==Which Produce?==
#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, 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). 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. 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 the 5 grains, grapes, and olives have a biblical obligation.</ref>
#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>
#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. However, many Achronim disagree with this position and write that there would be a biblical obligation (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1). Nevertheless, nowadays everyone agrees that there is a status of Tevel Derabanan to the juices and a separation 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 derabanan (e.g Tevel nowadays) onto double derabanan's (e.g Tevel juices nowadays) or vise versa.</ref>
##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>
#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>
#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>
##Human food crops that are grown to be used for animal food need to have Trumot and Maaserot separated from them due to a halachic 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>
#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.). 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 imported from Chutz la'Aretz.</ref>
##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>

== Sources ==

Obligation of Trumot and Maaserot

2025-12-25T15:02:03Z

NachiScheiner: /* The Obligation to Tithe */

==The Obligation to Tithe==
#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> today, the practice of taking Trumot and Maaserot is only a Rabbinic requirement.<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.
*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>
##Some are of the opinion that if majority of the Jewish people live in Eretz Yisrael then separating Trumot and Maaserot becomes a Biblical requirement.<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. 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.</ref>
#The status of Tevel (prohibited untithed produce), and likewise the obligation to separate Trumot and Maaserot, sets in on produce that has reached a third of its growth, also know as Onat Hamaaserot.<ref>Mishnayot Maaserot chapter 1 (see hakdamah of Shiurim b'Mishnayot to Mesechet Maaserot where he writes that in this context Maaserot includes Trumot); Rambam Maaser 2:3; Mishpitei Aretz 6:1.</ref><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. 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>
##One shouldn't separate Trumot and Maaserot until the produce has reached its Gemar Melacha (lit. the finishing of its processing).<ref>Mishnah Trumot 1:10; Rambam Trumot 5:4; Shulchan Aruch Y.D. 331:54. 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> 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>
#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>
===Produce Outside of Israel===
#Produce grown outside of Eretz Yisrael are not obligated in Trumot and Maaserot.<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>
#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>
##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>
===Produce of a Non-Jew===
#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>
#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>
===Ownerless Produce===
#Produce that was ownerless at any point between reaching a third of its growth and its final processing does not require the separation of tithes. Therefore, produce during the Shemitah year (where all the produce is ownerless) don't require separation
==Which Types of Produce?==
#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, 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). 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. 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 the 5 grains, grapes, and olives have a biblical obligation.</ref>
#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>
#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. However, many Achronim disagree with this position and write that there would be a biblical obligation (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1). Nevertheless, nowadays everyone agrees that there is a status of Tevel Derabanan to the juices and a separation 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 derabanan (e.g Tevel nowadays) onto double derabanan's (e.g Tevel juices nowadays) or vise versa.</ref>
##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>
#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>
#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>
##Human food crops that are grown to be used for animal food need to have Trumot and Maaserot separated from them due to a halachic 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>
#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.). 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 imported from Chutz la'Aretz.</ref>
##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>

== Sources ==

Trumot and Maaserot

2025-12-25T14:16:45Z

NachiScheiner:

Trumot (heave offerings) and Maaserot (tithes) are agricultural gifts for Kohanim and Levi'im. Untithed produce is called Tevel. The owner gives a small portion of his Tevel as Trumah to a Kohen and 10% as Maaser to a Levi, who then gives a portion of their Maaser as Trumat Maaser to a Kohen. Additionally, the owner also gives either 10% of the remaining Tevel to the poor (Maaser Ani) or sets aside 10% to be eaten in Jerusalem (Maaser Sheini).

== General Rules of Trumah and Maaser ==

* [[Obligation of Terumot and Maaserot|Obligation of Trumot and Maaserot]]
* [[The Rules of Separating Trumot and Maaserot]]
* [[Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani]]
* [[Text for Separating Trumot and Maaserot]]
<references/>
[[Category:Land of Israel]]

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-09-02T12:59:36Z

NachiScheiner: /* Maaser Sheini */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen may keep his own Trumah that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body), Trumah may not be eaten<ref>Rambam Trumot 7:1-3. There are two separate prohibitions when it comes to Trumah ''t'mei'ah'': 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''.

* A non-Kohen who eats Trumah ''b'meizid'' (purposely) is ''chayav mitah bidei shamayim'' and ''b'shogeig'' he pays the Trumah plus 1/5 back (Rambam Trumot 6:5-6). Rav Moshe Shternbuch (Sh"t Teshuvot v'Hanhagot 3:341) notes that nowadays we don't pay the Trumah and the 1/5 back. </ref> and thus there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''min hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi may keep their own Maaser that they separated.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim give their definite Maaser to Levi'im to eat,<ref>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.</ref> others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> In terms of how we calculate the year for Maaserot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheini is eaten<ref>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.</ref> in Yerushalyim, when there's a Beit Hamikdash<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> ''b'taharah'' (lit. with purity).<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# 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.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''prutah'' that it is being redeemed upon.<ref>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.</ref>
### Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''prutah'' on the coin.<ref>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.</ref> One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of use in the markets of the location of redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##One may not redeem produce worth less than a ''prutah'' onto a regular coin.<ref>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.]
*The Chazon Ish (Demai 3:16), based on the Rambam's view that a 1/5 addition is only required if it's worth a prutah, advises separating the redemption of the Rabbinic 1/5 from the Maaser itself (i.e., say "hu v'chumsho m'chulal al prutah urevi'ah"). [However, when the Maaser and the 1/5 are both Deoryta, then one may combine them into a single redemption onto one ''prutah'' (see Chazon Ish Ibid. and Sh"t Minchat Shlomo 2:67:13-14)]. On the flipside, the Chazon Ish (Ibid. 3:15) cautions against redeeming the 1/5 onto an entirely separate coin to avoid redeeming less than a prutah.
*Additionally, some (see Mishpitei Aretz chap. 15 fn. 33) 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.</ref>
###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'').<ref>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.
*Sh"t Bsamim Rosh (cited in Sh"t Minchat Shlomo 2:67:6) is of the opinion that this only works when the ''prutah'' belongs to the redeemer. However, Rav Shlomo Zalman (Ibid.) disagrees. </ref> When one redeems in a such a fashion he adds ''m'chulal hu v'chumsho '''b'shovyo'''.'' to his pidyon recitation.<ref>Nusach Hafrashah l'Hachazon Ish (cited in Mishpitei Aretz chap. 15 fn. 28; see also Kuntris Hilchot Trumot u'Maaserot at the end of volume 3 of Derech Emunah, pg. 754) based on Bava Metziah 52b and the Ritva Ad. Loc.</ref>
####The Chazon Ish requires that the Maaser Sheini on the coin be of equal or higher level to the Maaser Sheini worth less than a ''prutah'' that you are coming to redeem.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 30; Mishpitei Aretz 15:11.

* Maaser Sheini that is only based on one Rabbinic enacment (e.g grains, wine and oil nowadays) are on a higher level than those based on two Rabbinic enacments (e.g vegetables nowadays or wine/oil/grains that were completed with intent to sell) [see Derech Emunah Ibid.].</ref> Given so, the Chazon Ish encourages everyone to use a p''rutah chamurah'' (lit. a stringent ''prutah''), a coin that has at least a p''rutah''<ref>Nowadays when currency is so fluctuant, it's advisable to redeem a few ''prutot chamurot'' in case the currency goes down in value (Derech Emunah Maaser Sheini chap. 5 siif katan 34)</ref> of the highest level Maaser Sheini (i.e wine, oil or grains grown for the owners own use) already redeemed upon it.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 34; Mishpitei Arertz 15:12.</ref>
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''prutah''

== Transferring Maaser Sheini Money from One Coin to Another ==

#One may take a coin filled with Maaser Sheini and redeem it upon a ''prutah'' of another coin.<ref>Rambam Maaser Sheini 4:5 that one shouldn't redeem coins onto coins, but if they did their actions are effective. The Chazon Ish (Demai 3:12; Derech Emunah Maaser Sheini chap. 4 si'if katan 36) reasons given that Maaser Sheini coins are disposed of into the sea and there's a monetary loss involved one can redeem coins onto coins. Additionally, since in the first place we don't redeem the actual value of the fruits onto the coin, we are lenient to also redeem coins onto coins.

*Nevertheless, there if one wants to be stringent and avoid any doubts they should redeem together the Maaser Sheini coin with some Maaser Sheini fruits onto the new coin (see Mishpitei Aretz 15:21 for the text to recite in such a case). </ref> When redeeming one's own coin onto another one of his coins, he adds a 1/5.<ref>Tosfot Bava Metziah 54b; Kuntres Hilchot Trumot u'Maaserot Shenidfas Al Pi Maran Hachazon Ish brought in Derech Emunah volume 3 pg. 377; Sh"t Minchat Shlomo 2:67:14.

* The Rambam (5:13), however, is of the opinion that one does not add a 1/5. See Rashash to Tosfot Bava Metziah Ibid.</ref>
##The Chazon Ish<ref>Chazon Ish Demai end of chap. 15; Derech Emunah Maaser Sheini chap. 5 siif katan 30. See there for the text to recite.</ref> adds that it is worthwhile to leave over a ''prutah chamurah'' on the first coin this way it can be re-used for future redemptions.
#The coin that the money was transferred onto must be destroyed, and one cannot transfer it to a third coin.<ref>Mishpitei Aretz 15:20 citing from the Imrei Yosher quoting the Chazon Ish.</ref>

== Maaser Ani ==

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-09-02T12:56:53Z

NachiScheiner: /* Trumah Gedolah */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen may keep his own Trumah that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body), Trumah may not be eaten<ref>Rambam Trumot 7:1-3. There are two separate prohibitions when it comes to Trumah ''t'mei'ah'': 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''.

* A non-Kohen who eats Trumah ''b'meizid'' (purposely) is ''chayav mitah bidei shamayim'' and ''b'shogeig'' he pays the Trumah plus 1/5 back (Rambam Trumot 6:5-6). Rav Moshe Shternbuch (Sh"t Teshuvot v'Hanhagot 3:341) notes that nowadays we don't pay the Trumah and the 1/5 back. </ref> and thus there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''min hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi may keep their own Maaser that they separated.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim give their definite Maaser to Levi'im to eat,<ref>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.</ref> others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> In terms of how we calculate the year for Maaserot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheini is eaten<ref>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.</ref> in Yerushalyim, when there's a Beit Hamikdash<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> ''b'taharah'' (lit. with purity).<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# 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.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''prutah'' that it is being redeemed upon.<ref>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.</ref>
### Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''prutah'' on the coin.<ref>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.</ref> One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of use in the markets of the location of redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##One may not redeem produce worth less than a ''prutah'' onto a regular coin.<ref>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.]
*The Chazon Ish (Demai 3:16), based on the Rambam's view that a 1/5 addition is only required if it's worth a prutah, advises separating the redemption of the Rabbinic 1/5 from the Maaser itself (i.e., say "hu v'chumsho m'chulal al prutah urevi'ah"). [However, when the Maaser and the 1/5 are both Deoryta, then one may combine them into a single redemption onto one ''prutah'' (see Chazon Ish Ibid. and Sh"t Minchat Shlomo 2:67:13-14)]. On the flipside, the Chazon Ish (Ibid. 3:15) cautions against redeeming the 1/5 onto an entirely separate coin to avoid redeeming less than a prutah.
*Additionally, some (see Mishpitei Aretz chap. 15 fn. 33) 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.</ref>
###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'').<ref>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.
*Sh"t Bsamim Rosh (cited in Sh"t Minchat Shlomo 2:67:6) is of the opinion that this only works when the ''prutah'' belongs to the redeemer. However, Rav Shlomo Zalman (Ibid.) disagrees. </ref> When one redeems in a such a fashion he adds ''m'chulal hu v'chumsho '''b'shovyo'''.'' to his pidyon recitation.<ref>Nusach Hafrashah l'Hachazon Ish (cited in Mishpitei Aretz chap. 15 fn. 28; see also Kuntris Hilchot Trumot u'Maaserot at the end of volume 3 of Derech Emunah, pg. 754) based on Bava Metziah 52b and the Ritva Ad. Loc.</ref>
####The Chazon Ish requires that the Maaser Sheini on the coin be of equal or higher level to the Maaser Sheini worth less than a ''prutah'' that you are coming to redeem.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 30; Mishpitei Aretz 15:11.

* Maaser Sheini that is only based on one Rabbinic enacment (e.g grains, wine and oil nowadays) are on a higher level than those based on two Rabbinic enacments (e.g vegetables nowadays or wine/oil/grains that were completed with intent to sell) [see Derech Emunah Ibid.].</ref> Given so, the Chazon Ish encourages everyone to use a p''rutah chamurah'' (lit. a stringent ''prutah''), a coin that has at least a p''rutah''<ref>Nowadays when currency is so fluctuant, it's advisable to redeem a few ''prutot chamurot'' in case the currency goes down in value (Derech Emunah Maaser Sheini chap. 5 siif katan 34)</ref> of the highest level Maaser Sheini (i.e wine, oil or grains grown for the owners own use) already redeemed upon it.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 34; Mishpitei Arertz 15:12.</ref>
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''prutah''

== Transferring Maaser Sheini Money from One Coin to Another ==

#One may take a coin filled with Maaser Sheini and redeem it upon a ''prutah'' of another coin.<ref>Rambam Maaser Sheini 4:5 that one shouldn't redeem coins onto coins, but if they did their actions are effective. The Chazon Ish (Demai 3:12; Derech Emunah Maaser Sheini chap. 4 si'if katan 36) reasons given that Maaser Sheini coins are disposed of into the sea and there's a monetary loss involved one can redeem coins onto coins. Additionally, since in the first place we don't redeem the actual value of the fruits onto the coin, we are lenient to also redeem coins onto coins.

*Nevertheless, there if one wants to be stringent and avoid any doubts they should redeem together the Maaser Sheini coin with some Maaser Sheini fruits onto the new coin (see Mishpitei Aretz 15:21 for the text to recite in such a case). </ref> When redeeming one's own coin onto another one of his coins, he adds a 1/5.<ref>Tosfot Bava Metziah 54b; Kuntres Hilchot Trumot u'Maaserot Shenidfas Al Pi Maran Hachazon Ish brought in Derech Emunah volume 3 pg. 377; Sh"t Minchat Shlomo 2:67:14.

* The Rambam (5:13), however, is of the opinion that one does not add a 1/5. See Rashash to Tosfot Bava Metziah Ibid.</ref>
##The Chazon Ish<ref>Chazon Ish Demai end of chap. 15; Derech Emunah Maaser Sheini chap. 5 siif katan 30. See there for the text to recite.</ref> adds that it is worthwhile to leave over a ''prutah chamurah'' on the first coin this way it can be re-used for future redemptions.
#The coin that the money was transferred onto must be destroyed, and one cannot transfer it to a third coin.<ref>Mishpitei Aretz 15:20 citing from the Imrei Yosher quoting the Chazon Ish.</ref>

== Maaser Ani ==

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-09-01T12:32:37Z

NachiScheiner: /* Transferring Maaser Sheini Money from One Coin to Another */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen may keep his own Trumah that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body) and can't eat Trumah<ref>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''. </ref> there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''min hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi may keep their own Maaser that they separated.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim give their definite Maaser to Levi'im to eat,<ref>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.</ref> others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> In terms of how we calculate the year for Maaserot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheini is eaten<ref>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.</ref> in Yerushalyim, when there's a Beit Hamikdash<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> ''b'taharah'' (lit. with purity).<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# 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.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''Prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''Prutah'' that it is being redeemed upon.<ref>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.</ref>
### Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''Prutah'' on the coin.<ref>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.</ref> One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of practical use in the place of the redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##One may not redeem produce worth less than a ''Prutah'' onto a regular coin.<ref>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.]
*The Chazon Ish (Demai 3:16), based on the Rambam's view that a 1/5 addition is only required if it's worth a prutah, advises separating the redemption of the Rabbinic 1/5 from the Maaser itself (i.e., say "hu v'chumsho m'chulal al prutah urevi'ah"). [However, when the Maaser and the 1/5 are both Deoryta, then one may combine them into a single redemption onto one ''prutah'' (see Chazon Ish Ibid. and Sh"t Minchat Shlomo 2:67:13-14)]. On the flipside, the Chazon Ish (Ibid. 3:15) cautions against redeeming the 1/5 onto an entirely separate coin to avoid redeeming less than a prutah.
*Additionally, some (see Mishpitei Aretz chap. 15 fn. 33) 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.</ref>
###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'').<ref>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.
*Sh"t Bsamim Rosh (cited in Sh"t Minchat Shlomo 2:67:6) is of the opinion that this only works when the ''prutah'' belongs to the redeemer. However, Rav Shlomo Zalman (Ibid.) disagrees. </ref> When one redeems in a such a fashion he adds ''m'chulal hu v'chumsho '''b'shovyo'''.'' to his pidyon recitation.<ref>Nusach Hafrashah l'Hachazon Ish (cited in Mishpitei Aretz chap. 15 fn. 28; see also Kuntris Hilchot Trumot u'Maaserot at the end of volume 3 of Derech Emunah, pg. 754) based on Bava Metziah 52b and the Ritva Ad. Loc.</ref>
####The Chazon Ish requires that the Maaser Sheini on the coin be of equal or higher level to the Maaser Sheini worth less than a ''prutah'' that you are coming to redeem.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 30; Mishpitei Aretz 15:11.

* Maaser Sheini that is only based on one Rabbinic enacment (e.g grains, wine and oil nowadays) are on a higher level than those based on two Rabbinic enacments (e.g vegetables nowadays or wine/oil/grains that were completed with intent to sell) [see Derech Emunah Ibid.].</ref> Given so, the Chazon Ish encourages everyone to use a ''Prutah Chamurah'' (lit. a stringent ''Prutah''), a coin that has at least a p''rutah''<ref>Nowadays when currency is so fluctuant, it's advisable to redeem a few ''prutot chamurot'' in case the currency goes down in value (Derech Emunah Maaser Sheini chap. 5 siif katan 34)</ref> of the highest level Maaser Sheini (i.e wine, oil or grains grown for the owners own use) already redeemed upon it.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 34; Mishpitei Arertz 15:12.</ref>
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''Prutah''

== Transferring Maaser Sheini Money from One Coin to Another ==

#One may take a coin filled with Maaser Sheini and redeem it upon a ''prutah'' of another coin.<ref>Rambam Maaser Sheini 4:5 that one shouldn't redeem coins onto coins, but if they did their actions are effective. The Chazon Ish (Demai 3:12; Derech Emunah Maaser Sheini chap. 4 si'if katan 36) reasons given that Maaser Sheini coins are disposed of into the sea and there's a monetary loss involved one can redeem coins onto coins. Additionally, since in the first place we don't redeem the actual value of the fruits onto the coin, we are lenient to also redeem coins onto coins.

* Nevertheless, there if one wants to be stringent and avoid any doubts they should redeem together the Maaser Sheini coin with some Maaser Sheini fruits onto the new coin. </ref> When redeeming one's own coin onto another one of his coins, he adds a 1/5.<ref>Tosfot Bava Metziah 54b; Kuntres Hilchot Trumot u'Maaserot Shenidfas Al Pi Maran Hachazon Ish brought in Derech Emunah volume 3 pg. 377; Sh"t Minchat Shlomo 2:67:14.

* The Rambam (5:13), however, is of the opinion that one does not add a 1/5. See Rashash to Tosfot Bava Metziah Ibid.</ref>

== Maaser Ani ==

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-31T16:03:16Z

NachiScheiner: /* Transferring Maaser Sheini Money from One Coin to Another */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen may keep his own Trumah that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body) and can't eat Trumah<ref>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''. </ref> there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''min hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi may keep their own Maaser that they separated.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim give their definite Maaser to Levi'im to eat,<ref>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.</ref> others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> In terms of how we calculate the year for Maaserot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheini is eaten<ref>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.</ref> in Yerushalyim, when there's a Beit Hamikdash<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> ''b'taharah'' (lit. with purity).<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# 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.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''Prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''Prutah'' that it is being redeemed upon.<ref>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.</ref>
### Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''Prutah'' on the coin.<ref>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.</ref> One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of practical use in the place of the redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##One may not redeem produce worth less than a ''Prutah'' onto a regular coin.<ref>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.]
*The Chazon Ish (Demai 3:16), based on the Rambam's view that a 1/5 addition is only required if it's worth a prutah, advises separating the redemption of the Rabbinic 1/5 from the Maaser itself (i.e., say "hu v'chumsho m'chulal al prutah urevi'ah"). [However, when the Maaser and the 1/5 are both Deoryta, then one may combine them into a single redemption onto one ''prutah'' (see Chazon Ish Ibid. and Sh"t Minchat Shlomo 2:67:13-14)]. On the flipside, the Chazon Ish (Ibid. 3:15) cautions against redeeming the 1/5 onto an entirely separate coin to avoid redeeming less than a prutah.
*Additionally, some (see Mishpitei Aretz chap. 15 fn. 33) 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.</ref>
###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'').<ref>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.
*Sh"t Bsamim Rosh (cited in Sh"t Minchat Shlomo 2:67:6) is of the opinion that this only works when the ''prutah'' belongs to the redeemer. However, Rav Shlomo Zalman (Ibid.) disagrees. </ref> When one redeems in a such a fashion he adds ''m'chulal hu v'chumsho '''b'shovyo'''.'' to his pidyon recitation.<ref>Nusach Hafrashah l'Hachazon Ish (cited in Mishpitei Aretz chap. 15 fn. 28; see also Kuntris Hilchot Trumot u'Maaserot at the end of volume 3 of Derech Emunah, pg. 754) based on Bava Metziah 52b and the Ritva Ad. Loc.</ref>
####The Chazon Ish requires that the Maaser Sheini on the coin be of equal or higher level to the Maaser Sheini worth less than a ''prutah'' that you are coming to redeem.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 30; Mishpitei Aretz 15:11.

* Maaser Sheini that is only based on one Rabbinic enacment (e.g grains, wine and oil nowadays) are on a higher level than those based on two Rabbinic enacments (e.g vegetables nowadays or wine/oil/grains that were completed with intent to sell) [see Derech Emunah Ibid.].</ref> Given so, the Chazon Ish encourages everyone to use a ''Prutah Chamurah'' (lit. a stringent ''Prutah''), a coin that has at least a p''rutah''<ref>Nowadays when currency is so fluctuant, it's advisable to redeem a few ''prutot chamurot'' in case the currency goes down in value (Derech Emunah Maaser Sheini chap. 5 siif katan 34)</ref> of the highest level Maaser Sheini (i.e wine, oil or grains grown for the owners own use) already redeemed upon it.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 34; Mishpitei Arertz 15:12.</ref>
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''Prutah''

== Transferring Maaser Sheini Money from One Coin to Another ==

#One may take a coin filled with Maaser Sheini and redeem it upon a ''prutah'' of another coin.<ref>Rambam Maaser Sheini 4:5 that one shouldn't redeem coins onto coins, but if they did their actions are effective. The Chazon Ish (Demai 3:12; Derech Emunah Maaser Sheini chap. 4 si'if katan 36) reasons given that Maaser Sheini coins are disposed of into the sea and there's a monetary loss involved one can redeem coins onto coins. Additionally, since in the first place we don't redeem the actual value of the fruits onto the coin, we are lenient to also redeem coins onto coins.

* Nevertheless, there if one wants to be stringent and avoid any doubts they should redeem together the Maaser Sheini coin with some Maaser Sheini fruits onto the new coin. </ref> When redeeming one's own coin onto another coin he adds a 1/5.<ref>Tosfot Bava Metziah 54b; Kuntres Hilchot Trumot u'Maaserot Shenidfas Al Pi Maran Hachazon Ish brought in Derech Emunah volume 3 pg. 377; Sh"t Minchat Shlomo 2:67:14.

* The Rambam (5:13), however, is of the opinion that one does not add a 1/5. See Rashash to Tosfot Bava Metziah Ibid.</ref>

== Maaser Ani ==

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-26T12:36:55Z

NachiScheiner: /* Maaser Sheini */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen may keep his own Trumah that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body) and can't eat Trumah<ref>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''. </ref> there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''min hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi may keep their own Maaser that they separated.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim give their definite Maaser to Levi'im to eat,<ref>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.</ref> others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> In terms of how we calculate the year for Maaserot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheini is eaten<ref>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.</ref> in Yerushalyim, when there's a Beit Hamikdash<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> ''b'taharah'' (lit. with purity).<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# 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.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''Prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''Prutah'' that it is being redeemed upon.<ref>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.</ref>
### Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''Prutah'' on the coin.<ref>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.</ref> One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of practical use in the place of the redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##One may not redeem produce worth less than a ''Prutah'' onto a regular coin.<ref>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.]
*The Chazon Ish (Demai 3:16), based on the Rambam's view that a 1/5 addition is only required if it's worth a prutah, advises separating the redemption of the Rabbinic 1/5 from the Maaser itself (i.e., say "hu v'chumsho m'chulal al prutah urevi'ah"). [However, when the Maaser and the 1/5 are both Deoryta, then one may combine them into a single redemption onto one ''prutah'' (see Chazon Ish Ibid. and Sh"t Minchat Shlomo 2:67:13-14)]. On the flipside, the Chazon Ish (Ibid. 3:15) cautions against redeeming the 1/5 onto an entirely separate coin to avoid redeeming less than a prutah.
*Additionally, some (see Mishpitei Aretz chap. 15 fn. 33) 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.</ref>
###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'').<ref>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.
*Sh"t Bsamim Rosh (cited in Sh"t Minchat Shlomo 2:67:6) is of the opinion that this only works when the ''prutah'' belongs to the redeemer. However, Rav Shlomo Zalman (Ibid.) disagrees. </ref> When one redeems in a such a fashion he adds ''m'chulal hu v'chumsho '''b'shovyo'''.'' to his pidyon recitation.<ref>Nusach Hafrashah l'Hachazon Ish (cited in Mishpitei Aretz chap. 15 fn. 28; see also Kuntris Hilchot Trumot u'Maaserot at the end of volume 3 of Derech Emunah, pg. 754) based on Bava Metziah 52b and the Ritva Ad. Loc.</ref>
####The Chazon Ish requires that the Maaser Sheini on the coin be of equal or higher level to the Maaser Sheini worth less than a ''prutah'' that you are coming to redeem.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 30; Mishpitei Aretz 15:11.

* Maaser Sheini that is only based on one Rabbinic enacment (e.g grains, wine and oil nowadays) are on a higher level than those based on two Rabbinic enacments (e.g vegetables nowadays or wine/oil/grains that were completed with intent to sell) [see Derech Emunah Ibid.].</ref> Given so, the Chazon Ish encourages everyone to use a ''Prutah Chamurah'' (lit. a stringent ''Prutah''), a coin that has at least a p''rutah''<ref>Nowadays when currency is so fluctuant, it's advisable to redeem a few ''prutot chamurot'' in case the currency goes down in value (Derech Emunah Maaser Sheini chap. 5 siif katan 34)</ref> of the highest level Maaser Sheini (i.e wine, oil or grains grown for the owners own use) already redeemed upon it.<ref>Chazon Ish Demai 15:12; Derech Emunah Maaser Sheini chap. 5 siif katan 34; Mishpitei Arertz 15:12.</ref>
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''Prutah''

== Transferring Maaser Sheini Money from One Coin to Another ==

#

== Maaser Ani ==

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-25T01:01:16Z

NachiScheiner: /* Maaser Sheini */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen may keep his own Trumah that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body) and can't eat Trumah<ref>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''. </ref> there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''min hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi may keep their own Maaser that they separated.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim give their definite Maaser to Levi'im to eat,<ref>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.</ref> others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> In terms of how we calculate the year for Maaserot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheini is eaten<ref>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.</ref> in Yerushalyim, when there's a Beit Hamikdash<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> ''b'taharah'' (lit. with purity).<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# 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.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''Prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''Prutah'' that it is being redeemed upon.<ref>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.</ref>
### Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''Prutah'' on the coin.<ref>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.</ref> One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of practical use in the place of the redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##One may not redeem produce worth less than a ''Prutah'' onto a regular coin.<ref>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.]
*The Chazon Ish (Demai 3:16), based on the Rambam's view that a 1/5 addition is only required if it's worth a prutah, advises separating the redemption of the Rabbinic 1/5 from the Maaser itself (i.e., say "hu v'chumsho m'chulal al prutah urevi'ah"). [However, when the Maaser and the 1/5 are both Deoryta, then one may combine them into a single redemption onto one ''prutah'' (see Chazon Ish Ibid. and Sh"t Minchat Shlomo 2:67:13-14)]. On the flipside, the Chazon Ish (Ibid. 3:15) cautions against redeeming the 1/5 onto an entirely separate coin to avoid redeeming less than a prutah.
*Additionally, some (see Mishpitei Aretz chap. 15 fn. 33) 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.</ref>
###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'').<ref>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.
*Sh"t Bsamim Rosh (cited in Sh"t Minchat Shlomo 2:67:6) is of the opinion that this only works when the ''prutah'' belongs to the redeemer. However, Rav Shlomo Zalman (Ibid.) disagrees. </ref> When one redeems in a such a fashion he adds ''m'chulal hu v'chumsho '''b'shovyo'''.'' to his pidyon recitation.<ref>Nusach Hafrashah l'Hachazon Ish (cited in Mishpitei Aretz chap. 15 fn. 28; see also Kuntris Hilchot Trumot u'Maaserot at the end of volume 3 of Derech Emunah, pg. 754) based on Bava Metziah 52b and the Ritva Ad. Loc.</ref>
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''Prutah''

== Maaser Ani ==

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-25T00:56:09Z

NachiScheiner: /* Maaser Sheini */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen may keep his own Trumah that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body) and can't eat Trumah<ref>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''. </ref> there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''min hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi may keep their own Maaser that they separated.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim give their definite Maaser to Levi'im to eat,<ref>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.</ref> others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> In terms of how we calculate the year for Maaserot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheini is eaten<ref>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.</ref> in Yerushalyim, when there's a Beit Hamikdash<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> ''b'taharah'' (lit. with purity).<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# 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.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''Prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''Prutah'' that it is being redeemed upon.<ref>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.</ref>
### Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''Prutah'' on the coin.<ref>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.</ref> One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of practical use in the place of the redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##One may not redeem produce worth less than a ''Prutah'' onto a regular coin.<ref>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.]
*The Chazon Ish (Demai 3:16), based on the Rambam's view that a 1/5 addition is only required if it's worth a prutah, advises separating the redemption of the Rabbinic 1/5 from the Maaser itself (i.e., say "hu v'chumsho m'chulal al prutah urevi'ah"). [However, when the Maaser and the 1/5 are both Deoryta, then one may combine them into a single redemption onto one ''prutah'' (see Chazon Ish Ibid. and Sh"t Minchat Shlomo 2:67:13-14)]. On the flipside, the Chazon Ish (Ibid. 3:15) cautions against redeeming the 1/5 onto an entirely separate coin to avoid redeeming less than a prutah.
*Additionally, some (see Mishpitei Aretz chap. 15 fn. 33) 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.</ref>
###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'').<ref>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.
*Sh"t Bsamim Rosh (cited in Sh"t Minchat Shlomo 2:67:6) is of the opinion that this only works when the ''prutah'' belongs to the redeemer. However, Rav Shlomo Zalman (Ibid.) disagrees. </ref> When one redeems in a such a fashion he adds ''m'chulal hu v'chumsho '''b'shovyo'''.'' to his pidyon recitation.<ref>Nusach Hafrashah l'Hachazon Ish (cited in Mishpitei Aretz chap. 15 fn. 28) based on Bava Metziah 52b and the Ritva Ad. Loc.</ref>
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''Prutah''

== Maaser Ani ==

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-22T21:37:32Z

NachiScheiner: /* Maaser Sheini */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen may keep his own Trumah that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body) and can't eat Trumah<ref>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''. </ref> there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''min hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi may keep their own Maaser that they separated.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim give their definite Maaser to Levi'im to eat,<ref>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.</ref> others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> In terms of how we calculate the year for Maaserot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheini is eaten<ref>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.</ref> in Yerushalyim, when there's a Beit Hamikdash<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> ''b'taharah'' (lit. with purity).<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# 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.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''Prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''Prutah'' that it is being redeemed upon.<ref>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.</ref>
### Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''Prutah'' on the coin.<ref>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.</ref> One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of practical use in the place of the redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##One may not redeem produce worth less than a ''Prutah'' onto a regular coin.<ref>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.</ref>
###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'').<ref>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. </ref> When one redeems in a such a fashion he adds ''m'chulal hu v'chumsho '''b'shovyo'''.'' to his pidyon recitation.<ref>Nusach Hafrashah l'Hachazon Ish (cited in Mishpitei Aretz chap. 15 fn. 28) based on Bava Metziah 52b and the Ritva Ad. Loc.</ref>
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''Prutah''

== Maaser Ani ==

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-22T20:45:11Z

NachiScheiner: /* Maaser Sheini */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen may keep his own Trumah that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body) and can't eat Trumah<ref>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''. </ref> there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''min hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi may keep their own Maaser that they separated.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim give their definite Maaser to Levi'im to eat,<ref>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.</ref> others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> In terms of how we calculate the year for Maaserot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheini is eaten<ref>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.</ref> in Yerushalyim, when there's a Beit Hamikdash<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> ''b'taharah'' (lit. with purity).<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# 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.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''Prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''Prutah'' that it is being redeemed upon.<ref>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.</ref>
### Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''Prutah'' on the coin.<ref>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.</ref> One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of practical use in the place of the redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##One may not redeem produce worth less than a ''Prutah'' onto a regular coin.<ref>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.]</ref>
###One is able to redeem produce worth less than a ''Prutah'' onto a coin that has had other redemptions previously put onto it.<ref>Bava Metziah 52b; Chazon Ish Demai 3:14; Sh"t Minchat Shlomo 2:67:11). </ref>
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''Prutah.''

== Maaser Ani ==

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-22T20:19:07Z

NachiScheiner: /* Maaser Sheini */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen may keep his own Trumah that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body) and can't eat Trumah<ref>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''. </ref> there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''min hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi may keep their own Maaser that they separated.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim give their definite Maaser to Levi'im to eat,<ref>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.</ref> others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> In terms of how we calculate the year for Maaserot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheini is eaten<ref>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.</ref> in Yerushalyim, when there's a Beit Hamikdash<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> ''b'taharah'' (lit. with purity).<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# 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.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''Prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''Prutah'' that it is being redeemed upon.<ref>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.</ref>
### Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''Prutah'' on the coin.<ref>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.</ref> One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of practical use in the place of the redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##One may not redeem produce worth less than a ''Prutah'' onto a regular coin.<ref>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, Ritva Bava Metziah 53b, and Ohr Sameach to Bava Metziah 53b].</ref>
###One is able to redeem produce worth less than a ''Prutah'' onto a coin that has had other redemptions previously put onto it.
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''Prutah.''

== Maaser Ani ==

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-21T02:04:23Z

NachiScheiner: /* Maaser Sheini */

==Trumah Gedolah==
#Trumah Gedolah (lit. great or large)<ref>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.</ref> is the first to be separated<ref>Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.</ref> and it is given to a Kohen.<ref>Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.</ref> A Kohen may keep his own Trumah that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
#Nowadays, when all the Kohanim are Tamei Meit (lit. impurity from a dead body) and can't eat Trumah<ref>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''. </ref> there is no obligation to give it to them.<ref>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].</ref>
##The Trumah should be buried.<ref>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.]</ref> Alternatively, one can wrap it up and place it in the garbage.<ref>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).</ref>
##Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.<ref>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).</ref>
#Any amount separated is sufficient to fulfill the obligation of Trumah.<ref>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).</ref>
#Trumah should be separated ''min hamukaf'' (lit. from that which is together). See [[The Rules of Separating Trumot and Maaserot]] for more.

== Maaser Rishon ==

# Maaser Rishon (lit. the first tithe) is second to be separated<ref>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.</ref> and is given to a Levi.<ref>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). </ref> A Kohen or Levi may keep their own Maaser that they separated.<ref>Rambam Maaser 1:3-4; Shulchan Aruch Y.D. 331:68-69.</ref>
# One must separate exactly 10% of the entire produce for Maaser.<ref>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.</ref>
# Even nowadays Maaser may be eaten.<ref>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. </ref> Some Yisraelim give their definite Maaser to Levi'im to eat,<ref>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.</ref> others eat it themselves.<ref>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. </ref>
##Maaser can be given by lending money to a Levi, transferring the Maaser to him as a gift<ref>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. </ref>, and then receiving the Maaser back as repayment for the loan.<ref>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].

*To find out more about this method of giving and to join a system where they give out the loans for you follow this link: [https://www.toraland.org.il/%D7%A9%D7%99%D7%A8%D7%95%D7%AA%D7%99-%D7%94%D7%9E%D7%9B%D7%95%D7%9F/%D7%A9%D7%99%D7%A8%D7%95%D7%AA/%D7%91%D7%99%D7%AA-%D7%94%D7%90%D7%95%D7%A6%D7%A8/ Beit Ha'Otzar, Machon Torah v'Haaretz]</ref>
#Maaser Rishon is forbidden to eat from until Trumat Maaser is separated from it.<ref>Rambam Maaser 1:5.</ref>

== Trumat Maaser ==

# Trumat Maaser is third to be separated and is an exact 10% portion separated from Maaser Rishon given to a Kohen.<ref>Rambam Trumot 3:10, 12. </ref> A Kohen may keep his own Trumat Maaser that he separated.<ref>Rambam Maaser 1:3; Shulchan Aruch Y.D. 331:68.</ref>
# Trumat Maaser has the same status as Trumah and may not be eaten nowadays.<ref>Bamidbar 18:27, Rashi Ad. Loc.</ref>
# A Yisrael may separate Trumat Maaser from his Maaser that he has yet to give to a Levi.<ref>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. </ref>

== Maaser Sheini ==

# In the 1st 2nd 4th and 5th years of the Shemitah cycle Maaser Sheini is separated.<ref>Rosh Hashana 12b; Rambam Maaser Sheini 1:1; Mishpitei Aretz 14:5.</ref> In terms of how we calculate the year for Maaserot, see [[The Rules of Separating Trumot and Maaserot]].
# Maaser Sheini is fourth to be separated and is an exact 10% portion<ref>Avot 1:17; Eiruvin 50a; Rambam Maaser 1:14; Mahari Kurkus Ad. Loc. and Mishpitei Aretz 18:7.</ref> taken from the remaining produce.<ref>Rambam Maaser Sheini 1:1.</ref> Maaser Sheini is eaten<ref>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.</ref> in Yerushalyim, when there's a Beit Hamikdash<ref>Makkot 19b; Rambam Maaser Sheini 2:1. </ref> ''b'taharah'' (lit. with purity).<ref>Yevamot 73b; Rambam Maaser Sheini 3:1.</ref> 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.<ref>Devarim 14:24-26; Rambam Sefer Hamitzvot Aseih 128; Rambam Maaser Sheini 4:1; Shulchan Aruch Y.D. 331:133-8. </ref>
# 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.<ref>Rambam Maaser Sheini 4:1.</ref>
## Maaser Sheini produce can be redeemed onto a coin worth a ''Prutah'' (1/40 gram of pure silver).<ref>Mishpitei Aretz chap. 15 fn. 9 citing from the Chazon Ish.</ref> The produce may be of a much greater value than the ''Prutah'' that it is being redeemed upon.<ref>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.</ref>
### Multiple redemptions are allowed on the same coin, provided there is an unredeemed ''Prutah'' on the coin.<ref>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.</ref> One should make a special mark on this coin to avoid using it for personal purposes.<ref>See Mishpitei Aretz 15:2.</ref>
### The coin should be of practical use in the place of the redemption.<ref>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.</ref>
### One should not to use paper bills for redemption of Maaser Sheini.<ref>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.</ref>
##One may not redeem produce worth less than a ''Prutah'' onto a regular coin.<ref>The Gemara Bava Metziah 53b states that Maaser Sheini must be worth a ''prutah'' for redemeption''.'' The Amoraim 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 Rambam (Maaser Sheini 5:5) cites the latter opinion as the formative halacha. However, 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,'' the only disagreement is what is the status of said produce i.e do they have the full ''kedusha'' of Maaser Sheini on a Torah level. Additionally, the Tur (Y.D. </ref>
###One is able to redeem produce worth less than a ''Prutah'' onto a coin that has had other redemptions previously put onto it.
##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.<ref>Vayikra 27:31; Rambam Maaser Sheini 5:1. </ref> Some say that nowadays this doesn't apply and even an owner redeems his produce on a ''Prutah''.<ref>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.</ref> Others say that the owner should redeem his produce on 1.25<ref>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.</ref> ''Prutah.''

== Maaser Ani ==

== Sources ==
<references />

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-14T23:11:33Z

NachiScheiner: /* Maaser Sheini */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-14T23:06:36Z

NachiScheiner: /* Maaser Sheini */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-14T22:45:24Z

NachiScheiner:

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-14T21:55:16Z

NachiScheiner: /* Maaser Sheini */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-14T21:08:12Z

NachiScheiner: /* Maaser Rishon */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-14T20:39:43Z

NachiScheiner: /* Maaser Sheini */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-13T23:30:38Z

NachiScheiner: /* Maaser Sheini */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-13T22:52:10Z

NachiScheiner: /* Maaser Sheini */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-13T22:51:29Z

NachiScheiner: /* Maaser Sheini */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-13T22:33:23Z

NachiScheiner: /* Maaser Sheini */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-13T21:55:10Z

NachiScheiner: /* Maaser Sheini */

The Rules of Separating Trumot and Maaserot

2025-08-13T21:46:44Z

NachiScheiner: /* How is a year counted for Trumah and Maaser? */

==General Rules of Separating==
===Separating 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 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. 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>
====How is a year counted for Trumot and Maaserot?====
#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>
##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>
#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. Regarding the parameters of a third of its growth is see section "The Obligation to Tithe."</ref>
#For fruit trees the year begins on [[Tu BiShevat|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 by 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 it depends on 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>
##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>
##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. 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>
===Separating from different species onto each other===
#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>
===Separating from the exempt for the obligated===
#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>
##Similarly, one shouldn't separate from safeik (uncertain) Tevel for 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.
##Ideally, one should not separate produce obligated in Trumot and Maaserot by one rabbinic enactment (e.g produce nowadays) for 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. The Turei Even (Megillah 19b) disagrees with this entire idea and writes that all levels of derabanan are equal. 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>
#One may not separate Trumot and Maaserot from produce that is attached to the ground for produce that has already been harvested, or vise versa, or from attached produce for 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. 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>
===Separating from the bad for the good===
#Nowadays, one may separate Trumah, Trumat Maaser and Maaser Sheini from the lower quality produce for 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>
#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>
##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>
===Separating on Shabbat and Yom Tov===
#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>
##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>

== ''Min Hamukaf'' (lit. from that which is together) ==

# ''Mukaf'' means together, close by.<ref>Rashi Gittin 30b, amongst many others (see Derech Emunah Trumot chap. 3 Tziyun Halacha 260). </ref> Some explain it to mean surrounded by.<ref>Rambam Peirush Hamishnayot Trumot 4:3 (see Derech Emunah Trumot chap. 3 Tziyun Halacha 260). </ref>
# Trumah Gedolah should be separated ''Min Hamukaf,'' i.e the Trumah should be taken from produce that is grouped together''.''<ref>Mishnah Challah 1:9; Rambam Trumot 3:17; Shulchan Aruch Y.D. 331:25.

*Most Rishonim (see Rashi Sotah 30a, Tosfot Yevamot 92b, Rash Bikkurim 2:5, Rashba, Ritva and Ran Gittin 30b, amongst many others- for a more detailed list see Derech Emunah Trumot 3:17 Tziyun Halacha 262) assume ''Min Hamukaf'' is a din Deoryta learned from the pasuk 'והרמותם ממנו', מן המוקף לו.

*Some Rishonim (see Rashi Gittin 30b, Ritva Bava Metziah 38a quoting from his Rebbe, Raavad Trumot 3:20, amongst others- for a more detailed list see Derech Emunah Trumot 3:17 Tziyun Halacha 265) are of the opinion that it is only a din Derabanan and the ''drasha'' is only an ''asmachta''.</ref> Nevertheless, if it wasn't, the Trumah is still effective.<ref>Rambam Trumot 3:17; Shulchan Aruch Y.D. 331:25; Mishpitei Aretz 12:1.

*See, however, Maadanei Aretz (volume 2 Halachot Pesukot 3:17) who suggests to revoke the separation. For more details on revoking separation see Mishpitei Aretz chapter 18.</ref>
## Ideally, one should separate Trumat Maaser ''Min Hamukaf''.<ref>The Rambam (Trumot 3:20; cited also in the Rama Y.D. 331:24) writes that Trumat Maaser does not need to be separated ''Min Hamukaf,'' nonetheless, Talmidei Chachamim are careful to separate ''Min Hamukaf.'' The Shach (Y.D. 331:24) explains that Talmidei Chachamim are careful as the most ideal (''Mitzvah Min Hamuvchar'') way to separate Trumat Maaser is ''Min Hamukaf''. This is the formative halacha brought down in Mishpitei Aretz 12:4.

*There are some Rishonim (Tosfot Gittin 30b, amongst many others- see Derech Emunah Trumot 3:20 Tziyun Halacha 361) who write that ''Min Hamukaf'' is a regular din Derabanan, not just a ''Mitzvah Min Hamuvchar''. Contrarily, the Raavad (Trumot 3:20) writes that ''Min Hamukaf'' by Trumat Maaser only applies to a Levi that separates from his Maaser.</ref>
## Maaser Rishon, Sheini and Ani do not need to be separated ''Min Hamukaf.''<ref>The Rambam (Maaser 1:6 based off of the Yerushalmi Trumot 2:2; cited also in Shulchan Aruch Y.D. 331:71) writes that Maaser Rishon does not need to be separated ''Min Hamukaf.'' This is the formative halacha cited in Shaarei Tzedek of the Chochmat Adam (10:11) and Mishpitei Aretz (12:5). </ref> However, some are of the opinion that they should be separated ''Min Hamukaf''.<ref>Some Rishonim (Ritva Niddah 7a, Meiri Kiddushin 51a, amongst others- see Derech Emunah Maaser 1:6 Tziyun Halacha 67) are of the opinion that there is a din derabanan of ''Mukaf'' by Maaser Rishon, Sheini and Ani.

*The Tosfot Rid Bava Kamma 115b is of the opinion that the ''Mukaf'' that's needed for Maaser Rishon, Sheini and Ani is only that the produce all be in his possession, not that they actually are physically touching.</ref>
#Regarding produce placed in an open area, as long as they are in a close proximity of each other they are considered to be ''Min Hamukaf.''<ref>Shulchan Aruch Y.D. 325:2 citing from the Rosh; Rash Maaser Sheini 3:13 quoted and explained by the Chazon Ish (Zeraim Likutim 4:5); Biur Hagra Y.D. 325:8. This is the main opinion cited in Mishpitei Aretz 12:5. </ref> Some are stringent and require the produce to be touching.<ref>This is the opinion of Rabbeinu Tam (Sefer Hayashar Sh"t page 172, cited in Mishpitei Aretz chap. 12 fn. 10; see also Tosfot Pesachim 46b s.v. Ho'il v'ie at the end). </ref>
#The walls of a room combine the produce within them to make them ''Mukaf.''<ref>Rambam Trumot 3:18 (see comments of Derech Emunah Ad. Loc.); Shulchan Aruch Y.D. 331:26; Mishpitei Aretz 12:7. See also Biur Hagra Y.D. 325:8 and Derech Emunah Trumot Biur Halacha 3:18 who speak at legnth about this topic. </ref>
#For produce (of the same species<ref>See Rambam Trumot 3:19; Mishpitei Aretz 12:12 regarding a mixture of different species within one vessel. </ref>) contained in separate vessels to be considered ''Mukaf'', individual vessels must be touching.<ref>Rambam Trumot 3:18 (according to Derech Emunah Ad. Loc. si'if katan 159); Biur Hagra Y.D. 325:8; Derech Emunah Trumot Biur Halacha 3:18; Mishpitei Aretz 12:8.</ref>
##If the vessels are sealed and opening them would impair the product's quality (e.g., wine barrels), Trumah must be separated from each vessel individually.<ref>Rambam Trumot 3:18 regarding wine barrels. Some extend this halacha to any sealed produce which opening it would harm the quality (see Derech Emunah Ad. Loc. 160 and Tziyun Halacha 227; Mishpitei Aretz 12:9 fn. 17). Nonetheless, Derech Emunah (in Tziyun Halacha Ibid.) specifies that even if the halacha applied to all products, it would only concern large, significant vessels sealed in a way that requires breaking to open, such as a glued wine barrel.</ref>
#For Shabbat and Yom Tov, if pressed for time, one may separate not ''Min Hamukaf''.<ref>Tosfot Gittin 30b, Yevamot 93b, amonst other places. Other Rishonim leave out this leniency, but nevertheless it is cited as l'halacha in the Sha'arei Tzedek of the Chochmat Adam and in the Chalat Lechem (see Mishpitei Aretz chap. 12 fn. 23). It is codified as the formative halacha in Mishpitei Aretz 12:13.</ref>

==Who Can Separate?==
#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>
##Adult family members living with and supported by the homeowner 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>
##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. If, however, one knows that the host specifically does not want him to separate Trumot and Maaserot, see Mishpitei Aretz Ibid. fn. 13.</ref>
#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>
##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). [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>
#A minor cannot separate Trumot and Maaserot, even from their own produce.<ref>Rambam Trumot 4:2; Shulchan Aruch Y.D. 331:30; Mishpitei Aretz 9:9 (see 9:10-11 with regards to the case of ''mufla samuch l'ish'' i.e a boy who is 12 years old).</ref>

== Sources ==

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-12T22:30:46Z

NachiScheiner: /* Trumah Gedolah */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-12T22:21:26Z

NachiScheiner: /* Maaser Rishon */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-12T22:20:50Z

NachiScheiner: /* Trumat Maaser */

Obligation of Trumot and Maaserot

2025-08-12T21:49:54Z

NachiScheiner: /* The Obligation to Tithe */

==The Obligation to Tithe==
#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.
*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>
##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. 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.</ref>
#The status of Tevel, and likewise the obligation to separate Maaserot, 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. 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 Maaserot until the produce has reached its Gemar Melacha (lit. finishing its processing) and is obligated in Trumot.<ref>Mishnah Trumot 1:10; Rambam Trumot 5:4; Shulchan Aruch Y.D. 331:54. 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>
##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>
#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>
===Produce outside of Israel===
#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>
#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>
##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>
===Produce of a non-Jew===
#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>
#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>
===Ownerless produce===
#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
==Which Types of Produce?==
#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, 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). 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. 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 the 5 grains, grapes, and olives have a biblical obligation.</ref>
#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>
#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. However, many Achronim disagree with this position and write that there would be a biblical obligation (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1). Nevertheless, nowadays everyone agrees that there is a status of Tevel Derabanan to the juices and a separation 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 derabanan (e.g Tevel nowadays) onto double derabanan's (e.g Tevel juices nowadays) or vise versa.</ref>
##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>
#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>
#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>
##Human food crops that are grown to be used for animal food need to have Trumot and Maaserot separated from them due to a halachic 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>
#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.). 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 imported from Chutz la'Aretz.</ref>
##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>

== Sources ==

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-12T21:12:02Z

NachiScheiner: /* Trumat Maaser */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-12T20:49:06Z

NachiScheiner: /* Trumat Maaser */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-12T20:03:58Z

NachiScheiner: /* Maaser Rishon */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-12T20:03:07Z

NachiScheiner: /* Maaser Rishon */

Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

2025-08-12T19:28:23Z

NachiScheiner: /* Maaser Rishon */