07. A Kohen or Levi Who Owns Produce

Kohanim and levi’im who own produce must separate terumot and ma’asrot like everyone else. Their status as recipients of some of these gifts does not exempt their produce from the obligation. Rather, it affects what they do with the gifts after separating them. A kohen retains the terumot and treats them with the sanctity required by halakha. He also retains the ma’aser rishon, since he too belongs to the tribe of Levi and is not obligated to give it to another levi. A levi likewise separates terumot and ma’asrot from his produce, retains the ma’aser rishon, and gives the terumot to a kohen (MT, Laws of Ma’aser 1:3–4).

The Sages made an exception when a kohen or levi buys already-finished produce from a Yisrael. If the produce had already reached the stage at which the obligation of terumot and ma’asrot takes effect, the kohen or levi may not keep the terumot or ma’aser rishon for himself. Instead, he must give them to other kohanim and levi’im. The Sages imposed this penalty so that kohanim and levi’im would not make a practice of buying tevel from others and then keeping the gifts for themselves, thereby depriving their fellow kohanim and levi’im. If, however, they bought the produce before its processing was complete, they may keep the terumot and ma’aser rishon (Yerushalmi, Pe’a 1:5; MT, Laws of Ma’aser 6:15).

Ordinarily, after receiving ma’aser rishon, the levi would separate terumat ma’aser from it and choose which kohen should receive it. Nevertheless, the Yisrael owner may separate terumat ma’aser himself from the ma’aser rishon that he set aside for the levi and give it to a kohen together with the teruma gedola. He may do this even though it removes the levi’s right to choose which kohen will receive the terumat ma’aser from his tithe (Gittin 31a; MT, Laws of Terumot 3:12). Today, to prevent mistakes or forgetfulness, it is preferable for the Yisrael who separates the ma’aser to separate the terumat ma’aser immediately as well and then place the wrapped terumot respectfully in the trash.

Peninei Halakha We use cookies to ensure the website functions properly and improve user experience. You can choose which types of cookies to enable.
Cookie Selection