One may not separate terumot and ma’asrot or ḥalla on Shabbat. Separating them resembles an act of consecration, which is not performed on Shabbat. It also appears to make the produce fit for use: before the separation, the produce may not be eaten; through the separation, that restriction is removed and the produce becomes permitted. One may not redeem ma’aser sheni or neta reva’i on Shabbat either. If one mistakenly separated or redeemed on Shabbat, the produce may be eaten that Shabbat. If he did so intentionally, the separation or redemption is effective and the produce is permitted, but no Jew may eat from it until Shabbat ends. The same law applies on Yom Tov (SA, OḤ 339:4; 524:1; MB 339:25–26; Ḥatam Sofer, OḤ 79; below, 11:13).
If one is concerned that he will not manage to separate terumot and ma’asrot before Shabbat from produce intended for Shabbat, he may prepare for this before Shabbat. He does so by reciting the nusach for separating terumot and ma’asrot, without a berakha, in the future tense, referring to the produce he will separate on Shabbat. This begins the process of separation before Shabbat. He may then complete the separation on Shabbat using the regular nusach and recite the berakha. The same method may be used by one who is concerned that he will not manage to separate ḥalla before Shabbat.[1]
Only the owner of the produce can use this method, because only he can begin the separation before Shabbat and complete it on Shabbat. A guest who is concerned that his host may forget to separate terumot and ma’asrot should ask the host before Shabbat to appoint him as his agent for this purpose. Once appointed, the guest may begin the separation before Shabbat on the host’s behalf and complete it on Shabbat (Mishna, Demai 7:1, 5; Yerushalmi, Demai 7:1; MT, Laws of Ma’aser 9:7–9).[2]
[1]. Ḥazon Ish, Demai 9:10, 13, maintains that the separation itself takes effect only on Shabbat. Therefore, one recites the berakha on Shabbat, before saying the nusach and separating the produce. In his view, the Sages required one to say the nusach before Shabbat only so that the act would not appear to be an ordinary separation of terumot and ma’asrot on Shabbat, but rather the continuation of preparations that had already begun before Shabbat.
However, it appears that the Sages intended something more: by saying the nusach before Shabbat, one actually begins the separation process, formally designating the terumot and ma’asrot, even though the physical separation will be completed on Shabbat. This also emerges from Rambam’s formulation (MT, Laws of Ma’aser 9:9): “He must articulate the words quietly as he separates each portion in turn, and he is not considered to be rendering the produce fit on Shabbat, since he already stipulated beforehand.” Thus, although the primary designation of the terumot and ma’asrot was made before Shabbat, one must still articulate the nusach quietly on Shabbat while physically separating each portion. This is also implied by the Yerushalmi, Demai 7:1.
- Shlomo Zalman Auerbach was inclined to this understanding and therefore maintained that one should not recite a berakha before the separation on Shabbat, since the mitzva had already begun before Shabbat (Shemirat Shabbat Ke-hilkheta 11, notes 77 and 79). In practice, however, one should recite the berakha before separating on Shabbat, because as long as the mitzva has not yet been completed, the berakha may still be recited (Shemirat Shabbat Ke-hilkheta 11:19; R. Yehoshua Leib Diskin ruled similarly; see Mishpetei Eretz 19, note 11). After the separation, the terumot are muktzeh, so while they are still in his hand, he should quickly wrap them and place them in the garbage (see Peninei Halakha: Shabbat 23:15).
[2]. Without permission, one may not separate terumot and ma’asrot from another person’s produce. As a result, one also cannot begin that process before Shabbat on another person’s behalf. However, in the case of demai produce, the Sages allowed a guest to begin separating terumot and ma’asrot before Shabbat and complete the separation on Shabbat (Yerushalmi, Demai 7:1; MT, Laws of Ma’aser 9:7).
The principle of yesh berera – retroactive determination – provides another way to separate terumot and ma’asrot before Shabbat from produce that is not yet in one’s hands: relying on the principle of yesh berera. This method is relevant when people will begin eating from the produce before one is able to physically separate terumot and ma’asrot. According to yesh berera, a halakhic status can be made to depend on a later clarification; once the relevant item is identified later, the status is treated as having taken effect from the outset.
Accordingly, before Shabbat, one may declare that whatever he will separate on Shabbat as terumot and ma’asrot from this specific produce should take effect already now. Then, even if people eat from the produce before the physical separation is performed, they have not violated any prohibition. Once he later separates terumot and ma’asrot, it becomes clear retroactively that the separation had already taken effect before Shabbat, and that the produce they ate was already fit to eat. Still, Tanna’im and Amora’im disagree about whether this principle is accepted in halakha (Eruvin 36b–38a). The ruling is that one may rely on yesh berera in rabbinic laws, but not in Torah law; in Torah law, we say ein berera, that there is no retroactive determination (SA, YD 331:11).
Accordingly, regarding produce grown for sale – which is the overwhelming majority of produce today – one may separate terumot and ma’asrot before Shabbat based on yesh berera (above, 8:1). In addition, according to most authorities, only grain, wine, and oil are subject to Torah law (above, 8:1). Even produce that the owner of the field brought into his home, which in principle would be subject to Torah law, is subject today only to rabbinic law according to Rambam and most authorities. For that reason, terumot and ma’asrot may be separated from such produce on the basis of yesh berera.
There are, however, two stricter considerations. First, some authorities maintain that even today the obligation of terumot and ma’asrot applies by Torah law, as explained below, 12:11 and 12:17. Second, some maintain that since terumot and ma’asrot have a Torah-law foundation, yesh berera cannot be applied to them even when the present obligation is rabbinic (Maharshal; Ḥazon Ish, Demai 9:21). When dealing with grain, wine, and oil grown for one’s own household use, one should therefore take this view into account as the preferred practice. With other produce, however, one need not be concerned for this view (see Shemirat Shabbat Ke-hilkheta 11, note 93; Mishpetei Eretz 19:10–11; Kedushat ha-Aretz 22:19).
