Trumot and Maaserot

From Halachipedia

Trumot and Maaserot are agricultural gifts designated for Kohanim and Levi'im. Produce that has yet to been tithed is known as Tevel. The owner takes a small portion of their Tevel produce as Trumah to a Kohen and 10% as Maaser to a Levi. The Levi, in turn, gives a portion of their Maaser as Trumat Maaser to a Kohen. Additionally, depending on the year, the owner gives either 10% to the poor (Maaser Ani) or sets aside 10% to be eaten in Jerusalem (Maaser Sheini).

The Obligation to Tithe

  1. Nowadays, in Eretz Yisrael,[1] taking Terumot and Maaserot is only Derabbanan.[2]
    1. Some are of the opinion that if majority of the Jewish people live in Eretz Yisrael then Trumot and Maaserot are Biblical.[3]
  2. Produce that was ownerless at some point before it became obligated in Trumot and Maaserot don't require separation. Therefore, produce during the Shemitah year (where all the produce is ownerless) don't require separation.

Produce Outside of Israel

  1. There is no obligation to take Trumot and Maaserot off of produce grown outside of Eretz Yisrael.[4]
  2. Produce grown in Eretz Yisrael and then exported is obligated in Trumot and Maaserot.[5]

Produce of a non-Jew

  1. Produce which a non-Jew grew on non-Jewish land and then brought to the market is exempt from Terumah and Maaserot. [6]
  2. Produce grown by a non-Jew which a Jew has completed it’s processing is obligated in Terumot and Maaserot. [7]
  3. If a non-Jew brought grapes to market and then a Jew bought them to eat or to make wine the grapes are exempt from Terumot and Maaserot unless the non-Jew harvested the grapes in order to make wine in which case if the Jew buys the grapes and makes wine there is an obligation of Terumot and Maaserot. [8]

Which Types of Produce?

  1. On a biblical level, only the 5 grains (wheat, spelt, rye, oat, barley), grapes (including grape juice and wine) and olives (including olive oil) are obligated in Trumot and Maaserot. However, towever, the Rabbi's instituted that any edible[9] produce or grain that grows from the ground has a rabbinic obligation to separate Trumot and Maaserot.[10]
  2. Even trace amounts of Tevel in a dish render the dish subject to Trumot and Maaserot.[11]
  3. Both solids and liquids are obligated in Trumot and Maaserot.[12]
    1. Some are of the opinion that Trumot and Maaserot can't be separated from fruit juices, but most disagree.[13]
  4. Hydroponically grown produce may require tithing (Trumot and Maaserot); one should separate without a blessing.[14]
  5. Animal food crops that are grown for animal food are exempt from Trumot and Maaserot.[15]
    1. Human food crops that are grown to be used for animal food need to be separated out of doubt.[16]
  6. Spices that are only used to flavor dishes are exempt from Trumot and Maaserot.[17]
    1. Some are stringent to always separate Trumot and Maaserot from tea leaves.[18]

General Rules of Separating

Separating produce from different years

  1. One may not take Trumot and Maaserot from produce of one year for produce of another year. If one did take Trumah or Maaser in such a manner one’s action is ineffective and he must take Trumah and Maaser again properly. [19]

How is a year counted for Trumah and Maaser?

  1. For vegetables the year begins on Rosh Hashana, the first of Tishrei.[20] Trumot and Maaserot are counted from when the vegetables were harvested (before or after Rosh Hashana). [21]
    1. 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.[22]
  2. For grains and legumes the year begins on Rosh Hashana.[23] Trumot and Maaserot are counted from when the grains reached a third of their growth (before or after Rosh Hashana).[24]
  3. For fruit trees the year begins on Tu Beshevat (15th of the month of Shevat).[25] The Rishonim debate at what stage of growth Trumot and Maaserot counted from. Most Rishonim assume that they go after when the petals of the flower wilt and the fruit starts to come out.[26] However, the Rambam writes that we go after when they reached a third of their growth. The custom is to follow the opinion of the Rambam.[27]
    1. Regarding the Etrog, Trumot and Maaserot are counted from depending on when it was harvested.[28]
      1. 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. [29]

Separating from different species onto each other

  1. One may not take Trumot and Maaserot from one species[30] 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.[31]

Separating from the exempt onto the obligated

  1. 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.[32]
    1. Similarly, one shouldn't separate from safeik (uncertain) Tevel onto definite Tevel or vise versa.[33] If one did take Trumah or Maaser in such a manner they should consult an expert.
    2. Ideally, one should not separate produce obligated in Trumot and Maaserot by one rabbinic enactment (e.g produce nowadays) onto produce obligated by two rabbinic enactments (e.g produce nowadays that was grown to be sold[34]), or vise versa.[35] If one did take Trumah or Maaser in such a manner his actions are effective and the produce is permitted.[36]
  2. One may not separate Trumot and Maaserot from produce that is attached to the ground onto produce that has already been harvested, or vise versa, or from attached produce onto 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.[37]

Separating from the bad onto the good

Separating on Shabbat and Yom Tov

Who Can Separate?

Sources

  1. ↑ It is important to note that not all places in modern-day Israel have an equal obligation of to separate Trumot and Maaserot. Contrarily, there are places outside of modern-day Israel that do require a Trumot and Maaserot to be separated. The simple rule to keep in mind is that unless the location where the produce was grown is definetly outside of any halachic Israel (e.g Eilat) Trumot and Maaserot need to be separated out of doubt (Chazon Ish Shvi'it 3:18 quoted by Rav Moshe Vay in Kashrut Hamazon pg. 40; Mishpitei Haaretz pg. 44-45, citing many Achronim, states that despite Trumot and Maaserot being Rabbinic obligations, we are stringent in separating safeik tevel, though some disagree). For a more detailed list and description of the different places, see Mishpitei Haaretz pg. 44-51 and Derech Emunah to hilchot Trumot 1:7.
  2. ↑ Rambam (Hilchot Terumot 1:26) writes that Terumot and Maaserot is only Derabbanan nowadays, while the Raavad (Hilchot Terumot 1:26) argues that the obligation is Deoryta. The Maggid Mishna (Hilchot Terumot 1:26) writes that most Rishonim hold like the Rambam including the Smag (Mitzvah Aseh #133), Sefer HaTerumah (Hilchot Eretz Yisrael pg 80b), Rashba (Yevamot 82b, Shevuot 16b), Ritva (Yevamot 82a), and Sefer HaChinuch (Mitzvah 507). S”A Y”D 331:2 rules like the Rambam. Rav Chaim Kanievsky (Derech Emunah Trumot 1:231 citing from the Chazon Ish) writes that the formative Halacha is that Trumot and Maaserot are only Rabbinic obligations.
  3. ↑ Rambam Trumot 1:26 writes that the biblical status of Trumot and Maaserot is dependent on Bi'at Kulchem, the coming of all the people of Bnei Yisrael (learned out from the obligation to separate Challah; see Radvaz and Kesef Mishnah Ad. Loc. who discuss why the Rambam saw fit to compare Trumot and Maaserot to Challah). The Sefer Hachinuch (mitzvah 385) clarifies that the coming of all of Bnei Yisrael isn't required, rather only majority. That being said, if majority of Jews are in Eretz Yisrael then Trumot and Maaserot will be biblical obligations. This seems to be the halachic conclusion of the Torat Haaretz (cheilek 2 perek 1); Mishpitei Haaretz (3:1); Sh"t Har Tzvi (Zeraim 1:13:6); Chazon Ish (Shvi'it 3:6 and Kodshim likkutim Eirchin 13a) amongst many others (see sefer Trumat Ha'aretz published by Machon Torah v'Haaretz page 131-3 for a long list of opinions). However, there are three main reasons why this may not be so: 1. Many Rishonim (see Rashba Yevamot 82b at the end; Ohr Zaruah Avodah Zarah 299; Tashbeitz 3:199; Gr"a Y.D. 331:6 citing Sefer Hatrumot- whom he disagrees with- amongst others) conclude that there is no biblical Kedusha in Eretz Yisrael anymore (Kedusha Shniyah Batlah; see also Bach Y.D. 331:4 who writes that even the Rambam who writes that Kedusha Shniyah is everlasting understands that Kedusha to only be Rabbinic in nature). 2. Many are of the opinion that even if majority of Jews come to Eretz Yisrael, we would still require another Kiddush of the land which will only take place in the times of Mashiach when we will fully conquer and divide the land (see Bach Y.D. 331:4; Minchat Chinuch 385:3; Sh"t Beit Halevi 3:1:11; Chiddushei Rav Chaim m'Brisk to Hilchot Shemittah v'Yovel 12:16 and Trumot 1:10; Sh"t Mishpitei Uziel Y.D. 1:21). 3. The Ramban (Gittin 36a) and Rashba (Ibid.) write that for Bi'at Kulchem we require the majority from each and every tribe to dwell in Eretz Yisrael. Given that the Tribes have been lost this will not happen until the days of Mashiach. Rav Chaim Kanievsky (Derech Emunah Trumot 1:229) confers.
  4. ↑ Rambam Trumot 1:6. However, if the gmar melacha (completion of the processing) was done in Eretz Yisrael then the produce is obligated to be separated.
  5. ↑ Some (see Sh"t Maharsham 1:72; Rav Kook Mishpat Kohen 46, amongst others) are lenient regarding produce that was grown in Eretz Yisrael with the intent to export them. However, the Chazon Ish (Demai 15:4) and Rav Shlomo Zalman Auerbach (Maadanei Aretz 1:22:1) conclude to be stringent. The formative Halacha brought in Mishpitei Aretz 3:12 is to be stringent.
  6. ↑ Rambam (Hilchot Terumot 1:11) and Kesef Mishna (Terumot 1:11). Chazon Ovadyah (Tu Beshevat pg 50-52) codifies this as halacha.
  7. ↑ Rambam (Hilchot Terumot 1:11)
  8. ↑ Chazon Ovadyah (Tu Beshevat pg 52)
  9. ↑ See Rambam Trumot perek 2. That being said, one does not need to separate Trumot and Maaserot from the peels that are not commonly eaten (Mishpitei Aretz 1:4). Additionally, the Chazon Ish (Demai 15:1; see also Maadanei Aretz Trumot 2:8:3) writes that one may use soap made out of Tevel oils even if at one point in the production process they were edible.
  10. ↑ This is the majority opinion in the Rishonim; see Rashi (Brachot 36a), Tosfot (Pesachim 56b), Rash M'shantz (Maaserot 1:1), Rashba/Ritva (Shabbat 68a), amongst many others. The Rambam (Trumot 2:1 according to the understanding of the Chazon Ish Shvi'it 7:25, cited also in Derech Emunah Trumot 2:1:1) is of the opinion that all fruits and grains are obligated in Trumot and Maaserot on a biblical level. However, vegetables are only a Rabbinic obligation. See Mishpitei Aretz 1:1 fn. 1 who cites other opinions found in the Rishonim. L'halacha (see Chazon Ish Shvi'it 7:25, Derech Emunah Trumot 2:1:1, and Mishpitei Aretz 1:1), we follow the majority opinion that only teh 5 grains, grapes and olives are biblical obligations.
  11. ↑ Rambam Ma'achalot Asurot 15:6; Mishpitei Haaretz 1:4. See general rules of separating for how to separate in such a case.
  12. ↑ Rambam Ma'achalot Asurot 10:22 writes that the juices that come out of the produce are Tevel. The Kesef Mishnah (Ad. Loc.) and the Chazon Ish (Maaserot 7:1) explain that even in a time where Trumot and Maaserot are Deoryta, the juices that come out of them are only obligated m'Derabanan. However, many Achronim disagree with this position and write that there would be a biblical ovligation (see Mishpitei Aretz pg. 23 fn. 9 and Maadanei Aretz Trumot 2:1). Nevertheless, nowindays eveyone agrees that there is a status of Tevel Derbanan to the juices and a speparation is required. It is significant to note that the Mishpitei Aretz (Trumot 8:14) writes that ideally one shouldn't separate Trumot and Maaserot from a fruit that's obligated based on a single derbanan (e.g Tevel nowindays) onto double derabanan's (e.g Tevel juices nowindays) or vise versa.
  13. ↑ See Brisker Rav (cited in Moadim u'Zmanim 3:204) and Rav Kook (cited in Sh"t Har Tzvi Zeraim 77). 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).
  14. ↑ 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.
  15. ↑ Gemara Shabbat 68a; Rambam Trumot 2:1-2; Mishpitei Haaretz 1:3.
  16. ↑ 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.
  17. ↑ 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.
  18. ↑ 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.
  19. ↑ 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.
  20. ↑ Mishnah Rosh Hashanah 1:1; Rambam Maaser Sheini 1:2.
  21. ↑ 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.
  22. ↑ 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.
  23. ↑ Tosefta Shvi'it 2:10; Rambam Maaser Sheini 1:2; Shulchan Aruch Y.D. 331:125.
  24. ↑ Tosefta Shvi'it 2:10; Rambam Maaser 2:5 and Trumot 2:10. Regarding what the parameters of a third of its growth is, 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. See Derech Emunah (Maaser 2:5 si'if katan 28) who writes that there's no specific sign for when grain reaches this stage.
  25. ↑ Mishnah Rosh Hashana 1:1; Rambam Maaser Sheini 1:2; Shulchan Aruch Y.D. 331:125.
  26. ↑ 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.
  27. ↑ 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.
  28. ↑ Rambam Maaser Sheini 1:5; Shulachan Aruch Y.D. 331:126; Mishpitei Aretz 8:6.
  29. ↑ 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).
  30. ↑ 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.
  31. ↑ Mishnah Trumot 2:4; Rambam Trumot 5:2; Shulchan Aruch Y.D. 331:53.
  32. ↑ Mishnah Trumot 1:5; Rambam Trumot 5:12; Shulchan Aruch Y.D. 331:58.
  33. ↑ 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.
  34. ↑ 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.
  35. ↑ 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].
  36. ↑ 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.
  37. ↑ Kiddushin 62a; Rambam Trumot 5:9; Shulchan Aruch Y.D. 331:55; Mishpitei Aretz 8:15 fn. 53.
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