Obligation of Trumot and Maaserot - Revision history

NachiScheiner: /* The Obligation to Tithe */

2025-12-28T16:41:43Z

The Obligation to Tithe

← Older revision		Revision as of 16:41, 28 December 2025
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	##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>		##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>		#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~~><!-- add about the 6 things that are קובע --~~>		##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><!-- Add to text of separating page- not sure if this belongs here -->		#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><!-- Add to text of separating page- not sure if this belongs here -->
	===Produce Outside of Israel===		===Produce Outside of Israel===

NachiScheiner at 14:25, 28 December 2025

2025-12-28T14:25:25Z

← Older revision		Revision as of 14:25, 28 December 2025
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	##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>		##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>		#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>		##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><!-- add about the 6 things that are קובע -->
	#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><!-- Add to text of separating page- not sure if this belongs here -->		#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><!-- Add to text of separating page- not sure if this belongs here -->
	===Produce Outside of Israel===		===Produce Outside of Israel===

NachiScheiner at 15:21, 26 December 2025

2025-12-26T15:21:56Z

← Older revision		Revision as of 15:21, 26 December 2025
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	#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>		#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>		#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>		##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>		#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>		##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 ==		== Sources ==

NachiScheiner at 15:19, 26 December 2025

2025-12-26T15:19:09Z

← Older revision		Revision as of 15:19, 26 December 2025
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	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>		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>		##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.].		#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.		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>		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?==		==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>		#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>

NachiScheiner at 17:17, 25 December 2025

2025-12-25T17:17:25Z

← Older revision		Revision as of 17:17, 25 December 2025
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	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>		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>		##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.].		#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.		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.
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	##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>		##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>		#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>		##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 ==		== Sources ==

NachiScheiner at 17:15, 25 December 2025

2025-12-25T17:15:53Z

← Older revision		Revision as of 17:15, 25 December 2025
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	#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><!-- Add to text of separating page- not sure if this belongs here -->		#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><!-- Add to text of separating page- not sure if this belongs here -->
	===Produce Outside of Israel===		===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 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 ~~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>		#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 ~~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>		##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<!--redo-->===		===Produce of a Non-Jew<!--redo-->===
	#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 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>
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	#If a non-Jew brought grapes to market and then a Jew bought them to eat or to make wine the grapes are exempt from Terumot and Maaserot unless the non-Jew harvested the grapes in order to make wine in which case if the Jew buys the grapes and makes wine there is an obligation of Terumot and Maaserot. <ref>Chazon Ovadyah (Tu Beshevat pg 52)</ref>		#If a non-Jew brought grapes to market and then a Jew bought them to eat or to make wine the grapes are exempt from Terumot and Maaserot unless the non-Jew harvested the grapes in order to make wine in which case if the Jew buys the grapes and makes wine there is an obligation of Terumot and Maaserot. <ref>Chazon Ovadyah (Tu Beshevat pg 52)</ref>
	===Ownerless Produce===		===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~~<~~!--Add mekoros--~~>		#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>
	==Which ~~Types of~~ Produce?==		##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>		#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>		#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>

NachiScheiner: /* The Obligation to Tithe */

2025-12-25T15:02:03Z

The Obligation to Tithe

NachiScheiner: /* The Obligation to Tithe */

2025-08-12T21:49:54Z

The Obligation to Tithe

← Older revision		Revision as of 21:49, 12 August 2025
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	*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>		*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>		##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 ~~tithe~~, 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 ~~Trumot and~~ Maaserot until the produce has reached its Gemar Melacha (lit. finishing 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>		#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>		##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>		#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>

YitzchakSultan1: /* Which Types of Produce? */

2025-08-12T18:29:32Z

Which Types of Produce?

← Older revision		Revision as of 18:29, 12 August 2025
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	#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<!--Add mekoros-->		#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<!--Add mekoros-->
	==Which Types of Produce?==		==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 ~~teh~~ 5 grains, grapes and olives ~~are~~ biblical ~~obligations~~.</ref>		#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>		#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 ~~ovligation~~ (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1). Nevertheless, ~~nowindays eveyone~~ agrees that there is a status of Tevel ~~Derbanan~~ to the juices and a ~~speparation~~ is required. It is significant to note that the Mishpitei Aretz (Trumot 8:14) writes that ideally one shouldn't separate Trumot and Maaserot from a fruit that's obligated based on a single ~~derbanan~~ (e.g Tevel ~~nowindays~~) onto double derabanan's (e.g Tevel juices ~~nowindays~~) or vise versa.</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>		##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>		#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>

YitzchakSultan1: /* Which Types of Produce? */

2025-08-12T18:23:35Z

Which Types of Produce?

← Older revision		Revision as of 18:23, 12 August 2025
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	#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<!--Add mekoros-->		#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<!--Add mekoros-->
	==Which Types of Produce?==		==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~~, towever~~, 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 teh 5 grains, grapes and olives are biblical obligations.</ref>		#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 teh 5 grains, grapes and olives are biblical obligations.</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>		#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 ovligation (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1). Nevertheless, nowindays eveyone agrees that there is a status of Tevel Derbanan to the juices and a speparation is required. It is significant to note that the Mishpitei Aretz (Trumot 8:14) writes that ideally one shouldn't separate Trumot and Maaserot from a fruit that's obligated based on a single derbanan (e.g Tevel nowindays) onto double derabanan's (e.g Tevel juices nowindays) or vise versa.</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 ovligation (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1). Nevertheless, nowindays eveyone agrees that there is a status of Tevel Derbanan to the juices and a speparation is required. It is significant to note that the Mishpitei Aretz (Trumot 8:14) writes that ideally one shouldn't separate Trumot and Maaserot from a fruit that's obligated based on a single derbanan (e.g Tevel nowindays) onto double derabanan's (e.g Tevel juices nowindays) or vise versa.</ref>
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	#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>		#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>		#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 be separated ~~out of~~ 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>		##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 ~~important~~ from Chutz la'Aretz.</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>		##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 ==		== Sources ==