Peninei Halakha

10 – The Practical Procedure for Separating Terumot and Ma’asrot

01. The Nusach for Separating Terumot and Ma’asrot, with a Simple Explanation

Introduction: The terumot must be separated and removed from the produce, because they are designated for the kohanim and are sacred. Since they cannot be eaten today, they are wrapped and placed in the garbage. By contrast, the ma’asrot are separated by designating a specific place among the produce – for example, the right side or the north side – thereby setting them apart from the rest. That designation is made so that the value of ma’aser rishon can later be given to a levi, the value of ma’aser ani to a poor person, and ma’aser sheni can be redeemed onto a peruta. Afterward, the produce designated as ma’asrot is eaten together with the rest. Alternatively, one may physically separate the produce for ma’aser rishon and ma’aser ani and give it to a levi and a poor person; this is an enhancement of the mitzva, as explained above, 9:10.

When it is clear that terumot and ma’asrot have not been separated from the produce, one recites a berakha. When there is doubt, one does not recite a berakha.

The nusach of the berakha is: “Barukh ata Adonai Eloheinu Melekh ha-olam, asher kideshanu be-mitzvotav ve-tzivanu le-hafrish terumot u-ma’asrot.” (Blessed are You, Lord our God, King of the universe, Who has sanctified us with His mitzvot and commanded us to separate terumot and ma’asrot.)

After reciting the berakha, one takes a little more than one percent of the produce and separates it from the rest. This portion is designated for teruma gedola and terumat ma’aser. One then says: “The portion in excess of one-hundredth of what I have separated, which is located on my right side, shall be teruma gedola.”

The portion initially separated contains one percent plus a small additional amount; the amount beyond the one percent becomes teruma gedola, and its place is on the right side of the produce designated for the terumot.

One continues: “The one-hundredth that remains here, together with nine equivalent portions on the right side of this produce, shall be ma’aser rishon.” This separates ma’aser rishon. The produce itself, or its value, should afterward be given to a levi.

“That one-hundredth which I made ma’aser rishon and which has been set apart from the produce shall be terumat ma’aser.” This separates terumat ma’aser. The terumot should then be wrapped and placed in the garbage.

“A tenth of what remains, on the left side of the produce, shall be ma’aser sheni. If ma’aser ani applies to this produce, it shall be ma’aser ani.” This refers to ten percent of what remains after what has already been separated. This designates the place of the ma’aser sheni or ma’aser ani. In the first, second, fourth, and fifth years of the shemita cycle, one separates ma’aser sheni; in the third and sixth years, one separates ma’aser ani. When one separates ma’aser ani, he should afterward give the produce itself, or its value, to a poor person.

When one separates ma’aser sheni, it must be redeemed in order to remove its sanctity. When the produce is certainly untithed and clearly from a ma’aser sheni year, one first recites the berakha: “Barukh ata Adonai Eloheinu Melekh ha-olam, asher kideshanu be-mitzvotav ve-tzivanu lifdot ma’aser sheni.” (“Blessed are You, Lord our God, King of the universe, Who has sanctified us with His mitzvot and commanded us to redeem ma’aser sheni.”)

If there is doubt, one redeems it without a berakha.

One then says: “This ma’aser sheni, together with its fifth, shall be redeemed onto one peruta of the coin that I designated for redeeming ma’aser sheni.”

“This ma’aser sheni” refers to the produce whose place was designated on the left side. “Together with its fifth” refers to the Torah’s command to add a fifth when redeeming it. When necessary, one may redeem it onto food worth a peruta. In that case, he says: “It shall be redeemed onto this food,” as explained above, 9:12.

The nusach can be difficult to follow at first reading. One can resolve this by reciting the main nusach printed here while reviewing the explanations in parentheses. In this way, one fulfills the mitzva.

On Pesaḥ of the fourth and seventh years, one must perform bi’ur ma’asrot, including disposing of the money used to redeem ma’aser sheni, as explained above, 7:12 and 9:13.

02. Who May Separate Terumot and Ma’asrot

The mitzva of separating terumot and ma’asrot falls to the owner of the produce. If someone else separated terumot and ma’asrot from another person’s produce without the owner’s consent, his act is void. However, a person may separate terumot and ma’asrot from his own produce on behalf of another person’s produce, even without receiving permission from him. Since he is taking the terumot and ma’asrot from his own produce, he also has the right to choose to whom they will be given (MT, Laws of Terumot 4:2).

When two people are partners in produce, either partner may separate terumot and ma’asrot from the produce without requesting permission from the other. If one of them separated without the other’s knowledge, and the second then came and separated again, the second separation is void, since the first partner’s separation had already made the produce permitted (MT, Laws of Terumot 4:8).

One who lacks the understanding needed to grasp the mitzva of terumot and ma’asrot and how it is performed cannot fulfill it. Therefore, a person lacking halakhic competence, such as one who regularly tears his clothing or destroys what is given to him; a person who is both deaf and mute and cannot read and learn; and minors may not separate terumot and ma’asrot. If they did so, their act is void. However, during the year before minors reach mitzva age – from age eleven for girls and age twelve for boys – if they separated terumot and ma’asrot and it later became clear that they understood the mitzva, then after the fact their separation is valid, since they have already reached the age at which their vows are halakhically binding (MT, Laws of Terumot 4:2, 5; below, 11, note 5).

Ideally, separation should be performed by someone who can recite the berakha and choose suitable produce for terumot and ma’asrot. Therefore, five categories of people should ideally not perform the separation. Three should not do so because of the berakha: one who cannot speak, because he cannot articulate the berakha; a deaf person, because one who recites a berakha should be able to hear it; and one who is unclothed, because one may not recite a berakha in that state. Two others should not perform the separation because there is a mitzva to choose good produce for terumot and ma’asrot, and it is assumed that they cannot do so properly: an intoxicated person and a blind person. After the fact, however, if any of these people performed the separation, it is valid and the produce may be eaten, because the mitzva is fulfilled even without a berakha and even if one separated inferior produce (Mishna, Terumot 1:6; MT, Laws of Terumot 4:4).

03. A Condensed Nusach, Agency, and Kashrut Supervision

Some authorities allow someone who lacks full understanding of these concepts to simply recite a condensed formula and say: “All the separations and the redemption of ma’aser sheni shall take effect as written in the nusach in my possession.” He must also physically separate more than one percent for the terumot and set aside a coin for redeeming ma’aser sheni (Ḥazon Ish, Demai 15:6; Minḥat Yitzḥak 1:85).

In practice, however, one should not rely on this. As we have learned, one who does not understand the meaning of this mitzva and its components cannot fulfill it. Moreover, even one who reads the nusach but does not understand it has not fulfilled his obligation (Mahariṭ Algazi). This was also the ruling of R. Tzvi Pesaḥ Frank (Har Tzvi, Zera’im 1:48) and R. Ovadia Yosef (Ḥazon Ovadia: Terumot and Ma’asrot, p. 192). My teacher, Rav Tzvi Yehuda Kook, of blessed memory, was very insistent about this; on occasion, he even erased this suggestion from his students’ prayer books.

The owner of the produce may appoint an agent to separate terumot and ma’asrot on his behalf. Moreover, if he has made it clear that he approves of his son, daughter, or someone else separating terumot and ma’asrot from his produce, that person may do so for him without requesting explicit permission. Still, it is preferable to receive explicit permission.

Many field and factory owners appoint a kashrut supervisor authorized by the Rabbinate as their agent to separate terumot and ma’asrot on their behalf. The owner should first understand the meaning of the mitzva, and it is proper for him to give the supervisor written authorization appointing him to fulfill the mitzva on his behalf.

04. Separating Terumot and Ma’asrot on Shabbat and Yom Tov

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.

  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).

05. Separating on Behalf of Produce Still Attached to the Ground

One may not separate from detached produce on behalf of produce that is still attached to the ground, nor from attached produce on behalf of detached produce, because they are not at the same stage of obligation: detached produce is already subject to terumot and ma’asrot, while attached produce is not (Mishna, Terumot 1:5).

When necessary, however, one may separate terumot and ma’asrot from detached produce on behalf of attached produce, provided that he stipulates that the terumot and ma’asrot will take effect only after the attached produce is picked. This is permitted only if the attached produce is already fit to eat, at least in pressing circumstances, as explained in the note.[3]

[3]. One should recite the entire nusach while the produce is still attached to the ground, specifying exactly which part is to be the terumot and which part is to be the ma’asrot. He should then state that they will take effect only when all the produce is picked. Since the produce can already be picked and eaten, it is not considered a davar she-lo ba la-olam – something not yet halakhically present – and one may therefore separate terumot and ma’asrot from it on condition that the separation take effect when it is picked (Kiddushin 62a–b; MT, Laws of Terumot 5:9).

This is permitted only if the detached produce set aside for terumot and ma’asrot remains fit to eat until the attached produce for which it was separated is picked, and only if there is enough of it to constitute the required amount of terumot and ma’asrot for the produce that will ultimately be picked. Each time he picks produce, he should say that the terumot and ma’asrot are to take effect in accordance with what he specified previously (Mishpat Kohen §§ 35, 149). R. Akiva Eger adds that, based on the same principle, one may also separate terumot and ma’asrot from attached produce on behalf of attached produce, with the understanding that the separation will take effect after the produce is picked (Gilyon Ha-shas to Kiddushin 62a).

Ḥazon Ish, Demai, end of § 17, adds a qualification: this method works only if the attached produce does not continue growing afterward. If it does continue to grow, one must separate terumot and ma’asrot again for the additional growth. This position, however, is very difficult to accept. Not only would it leave the entire method with almost no practical use, but the Gemara itself allows this arrangement once the produce has reached one-third of its growth – that is, once it is fit to eat in pressing circumstances, but before it is fully ripe. This implies that the produce may continue growing until it reaches full maturity, and that the produce separated at the outset is sufficient to exempt it from terumot and ma’asrot. For this reason, the amount initially separated must be sufficient for the quantity of produce as it will be at the time of picking. This is also the position of Rav Kook (Mishpat Kohen §§ 35, 149), R. Tzvi Pesaḥ Frank (Har Tzvi, Zera’im 1:75:2), and R. Shlomo Zalman Auerbach (Minḥat Shlomo 1:55).

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