By Torah law, one must separate terumot and ma’asrot from produce only after two stages: its processing has been completed, and it has been fixed for ma’asrot by being brought into the house. As the Torah states: “I have removed the sacred portion from the house” (Devarim 26:13). Therefore, by Torah law, the mitzva applies only after the produce has reached the house (Bava Metzia 88a). In other words, although one may separate terumot and ma’asrot from produce once its gmar melakha is complete, the Torah prohibition against eating it without separation begins only when it is brought into the house.
The Sages added safeguards to this Torah law by establishing two additional rules.
First, from the moment produce is picked, it may no longer be treated like ordinary untithed produce, even though it has not yet become fixed for ma’asrot. One may eat it only as a casual snack, akhilat arai, but not as a set meal, akhilat keva. One may not plant it in the ground, though one may feed it regularly to animals until it becomes fixed for ma’asrot (MT, Laws of Ma’aser 3:1–2, 20; 6:3).
Second, produce can become fixed for ma’asrot even before it is brought into the house. This happens when the produce is intended for sale. In that case, once its gmar melakha is complete, it is considered ready for its next stage – sale – and it becomes fixed for ma’asrot. From that point on, even eating it as a casual snack, akhilat arai, is forbidden until terumot and ma’asrot are separated. Even if the produce has not yet reached the place where it will actually be sold, once its processing is complete and it would be sold if a buyer came, it is fixed for ma’asrot. If, however, it would not yet be sold even if a buyer came, one may still eat it casually until it reaches the place where it is intended to be sold and becomes fixed for ma’asrot.
The determining factor is whether, from the owner’s perspective, the produce is already ready for sale. Therefore, even if it has not yet reached the marketplace or other place of sale, it is fixed for ma’asrot if the owner would sell it were a buyer to arrive. If, however, the owner would not yet sell it even if a buyer came, the produce is not yet considered ready for sale. In that case, one may continue eating from it as a casual snack until it reaches the place where he intends to sell it. At that point, it becomes fixed for ma’asrot (Mishna, Ma’asrot 2:3; R. Shimshon, R. Ovadia of Bartenura, and R. Shlomo Sirilio o Mishna, Ma’asrot 2:3; Yerushalmi, Ma’asrot 1:4).
If the owner intends to bring the produce home for his household’s use, the Sages established that it can, under certain circumstances, become fixed for ma’asrot even before it enters the house. Once that happens, even eating it as a casual snack, akhilat arai, is forbidden until terumot and ma’asrot are separated.
The Sages identified six factors that fix produce for ma’asrot even before it enters the house: a) bringing it into a guarded courtyard; b) selling it; c) cooking it; d) salting or pickling it; e) separating teruma gedola from it; and f) Shabbat – when Shabbat begins, produce designated for Shabbat use becomes fixed for ma’aser (MT, Laws of Ma’aser 3:3; 4:1–2).
Since the produce has already reached the stage at which separation may be performed, if one is unsure whether his eating counts as a casual snack, akhilat arai, or a set meal, akhilat keva, or whether the produce has already become fixed for ma’asrot, one should separate terumot and ma’asrot with a berakha and thereby remove the doubt.[12]
[12]. It is difficult to define exactly what counts as akhilat arai, casual eating, which is permitted before produce becomes fixed for ma’aser. In simple terms, it means a quick, informal bite outside the framework of a meal. Similarly, the Yerushalmi explains that anything eaten in a setting of reclining and drinking wine is considered akhilat keva, set eating (Yerushalmi, Ma’asrot 4:1). Raavad writes similarly: if one ate bread, then all the fruit eaten in that same setting is considered part of a set meal (Raavad to MT, Laws of Hiring 12:10). The Yerushalmi remains uncertain about a related case: one intended to eat fruit while reclining with wine but later changed his mind and ate it without reclining.
From Rambam, based on the Mishna, a second principle emerges: when a person is actively preparing produce for eating, the produce may become fixed for ma’aser even outside the framework of a meal (MT, Laws of Ma’aser 3:19). The Mishna states: “One who peels barley may peel one kernel at a time and eat; but if he peeled and placed them into his hand, he is obligated. One who rubs ears of wheat may winnow from hand to hand and eat; but if he winnowed and placed them in his lap, he is obligated” (Mishna, Ma’asrot 4:5). According to Rashi and Meiri, even gathering two kernels in one’s hand is considered eating them in a set manner (Beitza 13b), and this appears to be Rambam’s understanding as well. However, there is another way to understand the Mishna. It may be referring specifically to someone who peeled the barley or rubbed the wheat inside his house or in a guarded courtyard. In such a setting, as soon as the produce’s gmar melakha is completed, it becomes fixed for ma’aser, and even akhilat arai is forbidden, as explained in the next section. Outside a guarded courtyard, however, eating wheat or barley in this manner may still be considered akhilat arai. Rambam’s view could be understood in this manner as well (Sha’arei Tzedek 6, Binat Adam 1; Kerem Tziyon 13, p. 179).
In addition, Tosafot, Rashba, and Ritva maintain that rubbing wheat or peeling barley completes the produce’s gmar melakha but does not, by itself, make the eating akhilat keva (Beitza 13b). This also seems to be the plain sense of the discussion: only eating in a set manner, comparable to eating that requires a sukka, obligates one to separate terumot and ma’asrot.
This entire issue is rabbinic, since the produce has not yet entered the house. In addition, most authorities maintain that terumot and ma’asrot today are rabbinic. One may therefore rely on the lenient view: as long as the eating is not set and does not take place within a formal meal framework, the produce remains exempt. One who wishes to be meticulous should separate terumot and ma’asrot with a berakha whenever there is concern that his eating may be considered akhilat keva according to one of the views. Therefore, if one takes a small amount of fruit from an orchard or packing house before packaging is complete and eats it as a snack in his car, he need not separate terumot and ma’asrot. The eating remains akhilat arai, and a car is not considered a house.
Fully processed produce becomes fixed for ma’aser when it is brought into the house in the normal way. If, however, one brought such produce into his house through a window, it does not become fixed for ma’aser, and one may still eat from it as akhilat arai. R. Yehuda b. R. Ilai used this halakha to contrast earlier generations with later ones. Earlier generations made Torah primary and work secondary. They would bring their produce in through the door so that it would become fixed for ma’aser, and they merited success in both Torah and work. Later generations made work primary and Torah secondary. They would bring their produce in through the windows so that they could continue eating from it as akhilat arai without becoming obligated to separate terumot and ma’asrot, and in the end, neither their Torah nor their work endured (Berakhot 35b).
If produce was brought into the house before its gmar melakha was complete, the entry itself does not yet fix it for ma’aser. Thus, if one brought in stalks of grain, or even kernels still mixed with chaff, he may continue eating from them as akhilat arai until their processing is completed. According to Rambam, once the kernels are separated from the chaff, the grain’s gmar melakha is complete, and at that point it becomes fixed for ma’aser (MT, Laws of Ma’aser 3:6). Ramban, Ritva, and Ran explain similarly: produce that is normally gathered into a grain pile does not need to “see the face of the house” after gmar melakha in order to require terumot and ma’asrot. If its gmar melakha is completed inside the house, that itself is enough to require separation (Bava Metzia 88b).
Rashi and Tosafot, however, take a more lenient view. Since the produce entered the house before gmar melakha, completing its processing afterward does not fully fix it for ma’aser. One may therefore still eat from it as akhilat arai. If he wishes to eat it as akhilat keva, however, he must first separate terumot and ma’asrot (Avoda Zara 41b).
Rabbenu Ephraim and Rashba are more lenient still. In their view, once produce entered the house before gmar melakha, it never becomes subject to terumot and ma’asrot. Therefore, even after its processing is completed, one may eat from it as akhilat keva.
