Trumah, Maaser Rishon, Maaser Sheni, Maaser Ani

From Halachipedia

Trumah

  1. Trumah is the first of the tithes separated[1] and it is given to a Kohen.[2] Nowadays when all the Kohanim are Tamei Meit (lit. impurity from a dead body) and can't eat Trumah there is no obligation to give it to them.[3]
    1. The produce should be buried.[4]
    2. Some are of the opinion that Trumah oil should be given to Kohanim for them to burn for fire or light.[5]
  2. Any amount separated is sufficient to fulfill the obligation of Trumah.[6]

Sources

  1. ↑ Mishnah Trumot 3:7; Rambam Trumot 3:23; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1.
  2. ↑ Devarim 18:4; Rambam Trumot 2:14; Shulchan Aruch 331:19; Mishpitei Aretz 11:1.
  3. ↑ The Radvaz (Sh"t 1:731) writes that we don't give Kohanim Trumah nowadays as we are worried it may be handled improperly and potentially even eaten. The Chazon Ish (Shvi'it 5:4; 5:12) adds that we don't know who is for sure a Kohen or not [see also Derech Emunah Trumot perek 2 si'if katan 139; perek 6 si'if katan 20].
  4. ↑ The Sefer Hatrumah (Hilchot Eretz Yisrael) and the Smag (Lo Taaseih 258) write that tameih Trumah should only be burned, not buried (based off of the Mishnah Temurah 33b). Nevertheless, the Chazon Ish (Shviit 5:10, Maaserot 7:13; see also Derech Emunah Trumot perek 2 Tziyun Halacha 394 who cites similarly from the Kaftor v'ferach and Radvaz) writes that Trumah is buried due to the difficulty of burning it and the potential for mishaps. This is the formative Halacha cited in Mishpitei Aretz 11:5. Rav Chaim Kanievsky (Derech Emunah Trumot perek 2 si'if katan 139 at the end) adds that Trumah should be buried in a timely fashion in order to avoid any misuse.
    • With regards to Tahor Trumah [i.e Trumah that has not touched any of the seven liquids- water, wine, blood, honey, milk, dew and oil- since it was cut from the ground] everyone agrees that it shouldn't be burned, rather buried (Derech Emunah Ibid. 395). [See also Derech Emunah Trumot perek 2 si'if katan 139 for a discussion about feeding Tahor Trumah to the animal of a Kohen.]
  5. ↑ Maharit (1:85) and Shiyarei Knesset Hagedolah (Haghat Hatur Y.D. 331:23) explain that normally there isn't so much value to Trumah as we are all Tameih, however, by oil where there is the value of burning it, it should be given to a Kohen. See Mishpitei Aretz 11:5 who cites this opnion; this opinion is predicated upon the fact that Kohanim nowadays have the full status of Kohanim. The Chazon Ish (Shviit 5:4 amongst many other places) disagrees.
    • Rav Moshe Shternbuch (Sh"t Teshuvot v'Hanhagot 4:252) is inclined to say that we should try to fulfill the Mitzvah of giving Trumah to a Kohen [whether it be to burn for fire or to feed their animals- see Derech Emunah (perek 2 si'if katan 139 and Tziyun Halacha 389, 401) who limits feeding to animals only to Trumah Tehorah, Rav Shternbuch, however, thinks it can be done even with Trumah Tmei'ah].
    • It is important to note that a non-Kohen is not permitted to burn Trumah for his own use (see Mishpitei Aretz 11:6 and Derech Emunah Trumot perek 2 si'if katan 139).
  6. ↑ On a Torah level, any amount is separated is sufficient to fulfill the obligation of Trumah. However, m'Derabanan they instituted that a generous person gives 1/40, an average person gives 1/50 and a stingy person gives 1/60. Nowadays, where the Trumah doesn't get used, we follow the Torah obligation to separate any amount (see Rambam Trumot 3:1-2; Shulchan Aruch Y.D. 331:19; Mishpitei Aretz 11:1).
    • According to those who say we give Trumah oil to Kohanim to burn, one should give according to the amount of the Rabanan (see Maharit 1:85; Mishpitei Aretz chap. 11 fn. 11).
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