Kashrut I

08. Avoiding Sha’atnez in Practice

The overwhelming majority of garments sold today raise no concern of sha’atnez, since they are made from synthetic materials or cotton. Thus, if a garment’s label states that its main material is synthetic, cotton, or any other fiber that is neither wool nor linen, there is no need for concern. In rare cases, such a garment may have a wool or linen ornament or be sewn with linen thread; in even rarer cases, it may contain both linen thread and a wool ornament. This possibility is so remote that it may be disregarded. Moreover, according to most authorities, no prohibition applies unless the wool and linen are joined to one another (above, 6). One should therefore read the label, and if it does not list wool or linen, there is no concern of sha’atnez.

For wool and linen garments as well, it is sufficient for the buyer to examine the label. If it states that the garment is made of wool or linen together with other materials, but does not list both wool and linen, the garment does not require testing. Labels are sometimes inaccurate, either because manufacturers are not required to list wool or linen content of only one or two percent, or because, on rare occasions, the wrong label is attached to a garment. In practice, however, as long as the label does not state that the garment contains both wool and linen, the likelihood that it contains sha’atnez is far below a mi’ut ha-matzui – a frequency common enough to require concern – and it need not be tested. The same is true of ordinary wool suits and coats, since the possibility that linen has been added is too remote to warrant concern.

Very expensive wool suits and coats, however, require greater caution. Some are hand-sewn with linen thread, reinforced around the collar or buttons with sturdy linen fabric, or fitted with linen interfacing in the shoulders and chest. Since linen is found in a mi’ut ha-matzui of such garments, any very expensive wool suit or coat must be tested. It is likewise proper to test a linen suit, since wool may have been used in its collar.

At a sha’atnez laboratory, garments are examined under a microscope, enabling trained specialists to identify wool, linen, and other fibers by their distinctive structures. As a rule, these laboratories take into account even the stringent views of individual authorities, both in defining sha’atnez and in determining when testing is required.

The rules discussed above apply to individual buyers. Clothing retailers, however, must take greater care to avoid exposing the public to sha’atnez. Whenever their experience with the merchandise gives them some reason to suspect that a shipment of wool or linen garments may contain sha’atnez, they should send a representative sample for testing, even if the likelihood is below a mi’ut ha-matzui. If the sample contains no sha’atnez, the remaining garments in that line need not be tested. When their experience provides no basis for concern, no testing is necessary; when the concern is substantial, as with expensive suits and coats, the entire shipment should be tested.

Buyers should preferably purchase wool or linen garments from God-fearing retailers who take care not to expose their customers to sha’atnez. Nevertheless, when such garments are purchased from an ordinary store, only especially expensive wool suits and coats and linen suits require testing.^[8]

09. Discovering Kilayim in One’s Garment

In the past, sha’atnez was often readily identifiable, since most threads and fabrics were made of wool or linen and many people knew how to distinguish them. Some garments were so obviously sha’atnez that, within the Jewish community, any Jew who wore them was understood to be openly defying Jewish practice and desecrating God’s name. Other garments were known by most Jews to contain sha’atnez, although not everyone could recognize it, while still others could be identified only by experts. A person might therefore buy and put on a garment, only to discover while standing in the marketplace that he was wearing sha’atnez prohibited by Torah law. He must then remove it immediately, even if this leaves him naked and humiliated in the street, for “there is no understanding and no counsel against the Lord”: wherever God’s name is desecrated, honor is not accorded even to a rabbi (Berakhot 19b; SA YD 303:1).

If he refuses to remove the garment because he is embarrassed, some authorities maintain that the mitzva of rebuke and the mutual responsibility shared by all Jews require another Jew to tear the garment off him (Rambam; SA YD 303:1). This applies only when the wearer accepts the halakha but finds it difficult to comply; in such a case, it may be assumed that he will ultimately be grateful to the person who tore off the garment and prevented him from violating the prohibition. If, however, he has cast off the yoke of the mitzvot, tearing off the garment will not bring him closer to Torah and mitzvot and should not be done. Many authorities maintain that even when the wearer accepts the halakha in principle, one should rebuke him but may not tear the garment from him (Rosh; Rashba; Ra’ah; Terumat Ha-deshen).

The authorities disagree about what one should do upon seeing someone unknowingly wearing a sha’atnez garment when removing it immediately would cause him severe embarrassment. Many maintain that one should not inform him on the spot, since doing so would force him to undress publicly. Instead, one should invite him home and tell him there that the garment contains sha’atnez (Rosh; Terumat Ha-deshen; Rema). Others maintain that he must be informed immediately so that he can remove the garment without delay (Rambam; Radbaz).^[9]

10. Kilayim in the Priestly Garments and Tzitzit

Although the Torah prohibits sha’atnez, it requires wool and linen to be combined in two mitzvot involving clothing: the priestly garments and tzitzit.

During the Temple service, every kohen wore four garments: a tunic, breeches, and a turban, all made of white linen, and a sash woven from both wool and linen. The sash was made from four threads: one of white linen and three of dyed wool – tekhelet (sky blue), argaman (purple), and tola’at shani (crimson). The dyed threads were made of wool because wool absorbs dye well. The Kohen Gadol wore four additional garments: the robe, the efod (apron-like garment), the ḥoshen (breastplate), and the tzitz (frontlet). The Torah requires wool and linen to be combined in the efod and the ḥoshen. Kohanim were permitted to wear these sha’atnez garments only while serving in the Temple. Upon leaving the Temple, they had to remove the priestly garments to avoid violating the prohibition of sha’atnez.^[10]

Regarding tzitzit, the Torah states: “You shall not wear sha’atnez, wool and linen together. You shall make tassels for yourself on the four corners of the garment with which you cover yourself” (Devarim 22:11–12). From the juxtaposition of these verses, the Sages derived that sha’atnez is permitted for the mitzva of tzitzit. The mitzva requires the tassels placed on the corners of the garment to contain both white and tekhelet threads. Since tekhelet threads were made of wool, attaching them to a linen garment creates sha’atnez; nevertheless, the Torah commands it. This teaches a general principle: whenever a positive mitzva conflicts with a prohibition, the positive mitzva takes precedence and the prohibition is set aside (Yevamot 4a–b).

The Sages nevertheless decreed that woolen tekhelet threads not be attached to a linen garment and that only white tzitzit threads be used. They were concerned that one might wear the garment at night, when one is exempt from tzitzit, and thereby violate the prohibition of sha’atnez (Menaḥot 40a–b; Shabbat 25b; MT, Laws of Tzitzit 3:6–7).^[11]

11. Reasons for the Mitzva

The prohibitions of kilayim and sha’atnez are divine statutes whose essential meaning lies beyond human understanding. Even so, the Sages throughout the generations have proposed various explanations for the mitzva. The central explanation is that wool and linen possess different qualities and each has its own purpose; God therefore commanded us to give each its proper place and not mix them (Ramban, Vayikra 19:19).

Wool and linen were the two principal materials used for clothing, yet they differ fundamentally and even stand in opposition. Wool comes from the animal world and alludes to the attribute of ḥesed, while linen comes from the plant world and alludes to the attribute of din; combining them is therefore complex and difficult. The Torah commanded that they be joined only in the context of a mitzva – in the priestly garments and in tzitzit – so that their union takes place in holiness and each power finds its proper expression, adding blessing and life. Moreover, since combining wool and linen is a mitzva in the priestly garments and in tzitzit, it is inappropriate to use this unique union for ordinary purposes, as it is reserved for holiness alone (Da’at Zekenim, Devarim 22:11; Ḥizkuni, Vayikra 19:19; Metzudat David of Radbaz §235; Likutei Halakhot, Kilei Begadim 1).

It has also been explained that these opposing forces can find their proper expression only in the context of a mitzva. When they are combined outside that context, their positive potential is constrained and prevented from emerging (Zohar III 86b). Within a mitzva, ḥesed and din are expressed properly; when mixed indiscriminately, however, the evil inclination turns them to harmful ends (Mikhtav Me-Eliyahu IV, p. 176). When a person ought to give tzedaka, for example, the evil inclination may cloak itself in din and argue that the poor person is undeserving. Conversely, when one must stand for truth and rescue someone being exploited by an oppressor, the evil inclination may cloak itself in ḥesed and find merit in the oppressor, thereby evading the obligation to help the victim.

It may be suggested that by separating wool and linen – the two natural fibers best suited for clothing – and permitting their union only in the context of a mitzva, the Torah taught humanity to develop additional fibers in which the human role in combining and shaping natural properties is more pronounced. Combining such fibers is therefore straightforward and carries neither a prohibition nor a mitzva.^[12]

01. The Five Gifts to the Poor

A person is commanded to share the blessing of his produce with the poor in several ways. First, he leaves produce for them at the edge of his field; this is pe’a. If during harvesting or picking he forgets a small amount of grain or fruit, he must leave it for the poor; this forgotten produce is shikḥa. Individual stalks of grain that fall during the harvest are leket, and individual grapes that fall during the grape harvest are peret; these too must be left for the poor. Likewise, he must leave the poor the olelot – small, underdeveloped grape clusters.

Altogether, these gifts are five: pe’a, shikḥa, leket, peret, and olelot. The Torah states: “When you reap the harvest of your land, you shall not reap all the way to the edge of your field, nor shall you gather the gleanings of your harvest. You shall not strip your vineyard bare, nor gather the fallen grapes of your vineyard; you shall leave them for the poor and the stranger. I am the Lord your God” (Vayikra 19:9–10). Similarly, it states: “When you reap your harvest in your field and forget a sheaf in the field, you shall not go back to take it; it shall be for the stranger, the orphan, and the widow, so that the Lord your God may bless you in all the work of your hands” (Devarim 24:19).

The mitzva to leave gifts for the poor applies to produce grown for human consumption, provided it meets five conditions:

1. The crop must grow from the ground. This excludes truffles and mushrooms, which draw their nourishment from the air.
2. It must be fit for human consumption. The obligation does not apply to crops grown as animal fodder or for producing thread or dyes.
3. It must be protected as someone’s property. Produce that grew ownerless, or that the owner declared ownerless, is not subject to the obligation.
4. It must be gathered as a single crop. In other words, it is reaped or picked continuously, even if the process takes several days. Fruits such as figs, which do not ripen together and therefore are not gathered together, are not subject to the obligation.
5. It must be brought in for storage. This means that people commonly preserve it for an extended time, as they do with grain and legumes; olives, which keep as oil or as pickled olives; grapes, which keep as wine or raisins; and almonds, walnuts, dates, pomegranates, carobs, onions, and garlic. By contrast, produce that is normally eaten soon after picking – such as cucumbers, tomatoes, lettuce, watermelons, citrus fruit, apples, pears, and peaches – is not subject to the gifts to the poor. In practice, the obligation applies to grain, legumes, some tree fruit, and a few vegetables, such as onions and garlic; it does not apply to almost all vegetables or to most tree fruit.

At least two gifts must be left from every crop subject to gifts to the poor: pe’a and shikḥa. Grain and legumes that are reaped or picked require a third gift: leket. Grapes require four gifts: pe’a, shikḥa, peret – the grape equivalent of leket – and olelot.^[1]

02. The Torah’s Guidance in Helping the Poor

The Torah commands us to help the poor in four ways. The first and most central is through the gifts that the poor would gather by their own efforts from the fields. The second is tzedaka: direct assistance that helps meet their basic needs. Its highest form is helping them find work. The third is ma’aser ani, the poor tithe. After landowners gathered their produce, they would separate terumot and ma’asrot. In most years, this included ma’aser sheni; in the third and sixth years of the seven-year shemita cycle, however, ma’aser ani was separated in its place and given to the poor. In this way, the poor received a regular source of support that helped sustain them in relative comfort for two years of the seven-year cycle (see below, 7:9). The fourth is including the poor in one’s celebrations, especially the festival meals at which people ate the fruit of ma’aser sheni and the meat of the ma’aser behema offering (see below, 7:10; Peninei Halakha: Mo’adim 1:11).

In this chapter, we will address the primary way the poor sustained themselves in earlier times. According to a careful estimate, these gifts amounted to approximately three to four percent of the crop, and slightly more in the case of grapes.^[2] Today, however, because food has become far less expensive and the general standard of living has risen dramatically, gathering these gifts from the fields no longer provides meaningful benefit to the poor, as will be explained below in section 9.

Nevertheless, the principles behind these mitzvot still teach us how to help the poor properly. First, aid to the poor should, as much as possible, allow them to share responsibility for their own situation. Therefore, they were expected to come to the fields and gather the gifts by their own efforts. Second, it is proper for a property owner to share the fruit of his assets with the poor. Therefore, the mitzva is not to give the poor money from the sale of the crop, but to let them gather from the crop itself. Third, help for the poor should be structured so that the cost to the wealthy is small and the benefit to the poor is great.

There is immense wisdom in these mitzvot. For example, if a field owner pays a worker one hundred shekels to harvest 100 kilograms of regular produce, gathering the same weight of leket, shikḥa, peret, or olelot would cost at least five times as much. Thus, the poor, who in any case had no better work available, gained significantly by gathering the leftover produce in the fields, while the field owner lost very little. Indeed, he even gained somewhat: removing fruit forgotten on the trees prevents pests from being drawn to the trees and spreading disease. This is especially true of grapevines, which are more prone to disease; leaving olelot on them can likewise lead to disease. Similarly, individual grapes that fell from the clusters were usually of lower quality, so the vineyard owner’s loss was small, while the poor could rejoice in the wine they prepared from them.

Regarding pe’a, it is true that harvesting or picking the pe’a costs the owner just as much as harvesting the rest of the field’s grain or fruit. Indeed, by Torah law, one fulfills the mitzva even by leaving a single stalk. Even so, there is wisdom in requiring pe’a to be left at the end of the field: by then, landowners are tired from their work, and generosity comes more easily to them, making it easier for them to leave pe’a for the poor. This is even more apparent when owners of fruit trees choose to leave as pe’a the fruit at the top of the tree. Such fruit is difficult for workers to reach, but poor children can climb up and pick it with relative ease.

The Torah returns to the mitzva of gifts to the poor in the middle of the section on the festivals, when Israel would make the pilgrimage to the Temple, as it states: “When you reap the harvest of your land, you shall not reap all the way to the edge of your field when you reap, nor shall you gather the gleanings of your harvest; you shall leave them for the poor and the stranger. I am the Lord your God” (Vayikra 23:22). The Sages explain that by placing this mitzva here, the Torah implies that “whoever gives leket, shikḥa, and pe’a to the poor properly is regarded as though he built the Temple and offered his sacrifices within it” (Rashi, Vayikra 23:22).

From this we learn that when a person brings the ideals of kindness and tzedaka expressed in the gifts to the poor into his place of work – preserving the efficiency of the business while also helping the poor – he thereby extends the sanctity of the Temple into that workplace. May we merit to draw inspiration and guidance from these mitzvot, so that we extend the sanctity of the Temple into every business and enterprise. In this way, the help we extend to every person in need will be like an offering that rises as a pleasing aroma to God.^[3]

03. Pe’a

The mitzva of pe’a requires the owner of a field or orchard to leave at least one-sixtieth of the crop for the poor. By Torah law, however, pe’a has no fixed minimum. Even if one left a single stalk at the end of his field, he fulfilled his obligation, as the Torah states: “You shall not reap all the way to the edge of your field” (Vayikra 19:9). Since he left even one stalk, he did not fully reap his field. The Sages, however, enacted that one must leave the poor at least one-sixtieth, nearly two percent of the crop. They further stated that in three situations it is proper to leave more than one-sixtieth as pe’a: when there are many poor people; when the field has been especially blessed; and when the field is small, so that one-sixtieth would provide almost no benefit to the poor (Mishna, Pe’a 1:1–2; MT, Laws of Gifts to the Poor 1:15).

Pe’a must be given at the end of the harvest or picking, as the verse states: “You shall not reap all the way to the edge of your field when you reap” (Vayikra 19:9). Several reasons are given for this requirement. First, it prevents stealing from the poor. If the landowner could designate pe’a whenever he wished, he could arrange to do so when only a poor relative or friend was nearby, allowing that person to take the pe’a before any other poor people arrived. He would thereby be stealing from the other poor. Second, it prevents the poor from wasting time. Knowing that pe’a will be left only at the end of the harvest, they can estimate when the landowner will finish and use the meantime for their own affairs or to gather in other fields. Third, it prevents fraud. If pe’a could be designated from any part of the field, dishonest landowners might claim that they had already set it aside, or they might choose only the poorest-quality produce. Therefore, the mitzva requires pe’a to be left from what remains at the end, whether of good or poor quality.

Fourth, it avoids a concern of marit ayin. If pe’a were set aside in the middle of the field, people who later saw the end of the field fully harvested might suspect that the owner had failed to leave pe’a at all (Yerushalmi, Pe’a 4:3; MT, Laws of Gifts to the Poor 2:12).^[4]

One may not leave pe’a from one species for another, nor from one field for another, even if both fields contain the same species. The mitzva is for the owner to share the blessing of each field with the poor by leaving that field’s own pe’a. Even adjacent fields are treated as separate when a stream, path, or other divider runs between them, so that they are not plowed and harvested together. In such a case, the owner must leave pe’a from each field separately (MT, Laws of Gifts to the Poor 3:1–3). In an orchard, however, a path or stream does not divide the planting, because the trees still appear as a single unit. Only when a fence separates the two sections must the owner leave pe’a from each section independently (MT, Laws of Gifts to the Poor 3:19).

04. Shikḥa

If one forgets grain or fruit in the field, it is a mitzva to leave it for the poor, as the Torah states: “When you reap your harvest in your field and forget a sheaf in the field, you shall not go back to take it; it shall be for the stranger, the orphan, and the widow, so that the Lord your God may bless you in all the work of your hands” (Devarim 24:19). The same law applies to fruit left on trees, as the Torah continues: “When you beat your olive tree, you shall not remove its glory after you; it shall be for the stranger, the orphan, and the widow” (Devarim 24:20).

The mitzva of shikḥa applies at two stages. First, if one forgets grain or fruit during the harvest or picking, he may not return to harvest or pick it. Second, if he forgets sheaves of grain or bundles of fruit while bringing them to the place where the field’s or orchard’s yield is gathered, he must leave them for the poor (MT, Laws of Gifts to the Poor 1:6).

If the forgotten grain or fruit comprised the large measure of two se’a – approximately 14.4 liters – it is not considered shikḥa and belongs to the landowner. The Torah speaks of “a sheaf in the field.” A sheaf is a small or medium bundle of grain, not a large quantity that has the status of a stack. This limit applies only when the forgotten produce was all in one place. If, however, sheaves or fruit were forgotten in several places throughout the field or orchard, each location is considered separately. Therefore, as long as each place contained less than two se’a, all of it must be left for the poor, even if the combined total is one hundred se’a or more (MT, Laws of Gifts to the Poor 5:18).^[5]

If the forgotten sheaves or bundles were adjacent to one another, two adjacent sheaves or bundles still have the status of shikḥa. Three adjacent sheaves or bundles, however, are not shikḥa, even if the three together amount to less than two se’a. Similarly, if one forgot to pick two consecutive trees, they are shikḥa; if he forgot three or more consecutive trees, they are not shikḥa (MT, Laws of Gifts to the Poor 5:14–16). If one forgot a tree with a distinctive identity – for example, one that produced especially delicious fruit or stood in a distinctive location – it is not shikḥa, because the orchard owner remembers it even without seeing it (MT, Laws of Gifts to the Poor 5:23–24).

The mitzva of shikḥa is unique in that it comes to a person from Heaven, without his intending it. The Sages tell of a pious man who once forgot a sheaf in his field and was filled with joy. He told his son: “Go and offer on my behalf a bull as a burnt offering and a bull as a peace offering,” in gratitude for the mitzva that God had arranged for him (Tosefta, Pe’a 3:8). For most mitzvot, a person acts with awareness and intention. This mitzva is different: he fulfills it without awareness, because God brings it into his hands in order to bless him. As the verse states: “When you reap your harvest in your field and forget a sheaf in the field, you shall not go back to take it; it shall be for the stranger, the orphan, and the widow, so that the Lord your God may bless you in all the work of your hands” (Devarim 24:19).

05. Leket

During the harvest, stalks sometimes fall to the ground. If one or two stalks fall in a single cut, they must be left for the poor to collect. If three or more fall, they belong to the landowner. The same applies to legumes: if one or two stems fall in a single act of picking, they must be left for the poor; if three or more fall, the landowner may take them. This mitzva is called leket. It applies to grain, legumes, and vegetables that are subject to pe’a. It does not apply to tree fruit, except for grapes. If one or two grapes fall during the grape harvest, there is a mitzva to leave them for the poor; this is peret. Thus the Torah states: “When you reap the harvest of your land, you shall not reap all the way to the edge of your field, nor shall you gather the gleanings of your harvest… nor shall you gather the fallen grapes of your vineyard; you shall leave them for the poor and the stranger. I am the Lord your God” (Vayikra 19:9–10).

Only produce that fell in the normal manner of harvesting is considered leket – that is, stalks that fall during the harvest of grain, or legumes that fall during picking. As the verse says, “nor shall you gather the gleanings of your harvest,” meaning only what falls in the manner of your harvest. If, however, one pulled the grain out by hand, then since he did not harvest in the manner of harvesters, whatever fell is not leket. Similarly, if stalks fell because a thorn pierced his hand, or because of some other external cause, the fallen stalks do not have the status of leket; they belong to the field owner (Yerushalmi, Pe’a 4:7; MT, Laws of Gifts to the Poor 4:1–2).

If a wind blew the landowner’s stalks into the leket left in the field, and the amount of leket can no longer be determined, the landowner must give the poor the average amount normally left as leket: 1/337.5 of the crop, approximately one-third of one percent (Bava Metzia 105b; MT, Laws of Gifts to the Poor 4:5; Derekh Emuna 4:31).

06. Peret and Olelot of Grapes

As we have learned, grapes are the only tree fruit to which a mitzva parallel to leket applies. This mitzva is called peret. In addition, grapes have another distinctive mitzva: leaving the olelot for the poor, as it says: “You shall not strip your vineyard bare, nor shall you gather the fallen grapes of your vineyard” (Vayikra 19:10). Thus, the Torah gives the poor a larger share of the grape harvest. From the vineyard owner’s perspective, it is fitting that he share with the poor the produce that brings him special joy. From the perspective of the poor, they too should be able to rejoice in the wine they prepare from the grapes of peret and olelot.

Peret comes from a word meaning “separated.” It refers to individual grapes that become detached from the cluster during the grape harvest. If, while picking a cluster, one or two grapes fall, they must be left for the poor. If three or more grapes fall, they belong to the vineyard owner. Similarly, if the cluster falls to the ground and one or two grapes become detached from it, they must be left for the poor; if three or more become detached, the vineyard owner may take them. If one or two grapes fall at a time, then even if many grapes fall there altogether, they all belong to the poor. If, however, the cluster became entangled in leaves and therefore fell to the ground, or if a thorn caused the picker to drop it, then even if one or two grapes became detached from the cluster, they do not have the status of peret, since they did not become separated in the ordinary course of the grape harvest (MT, Laws of Gifts to the Poor 4:15–16).

Olelot are small, underdeveloped grape clusters. Compared to ordinary clusters, they are like infants beside adults. A regular grape cluster is made up of pesigim – smaller branching stems on which the grapes grow. When grapes grow densely along the cluster, the upper pesig rests on the grapes beneath it, forming what looks like the cluster’s “shoulder,” while the end of the lower pesig hangs downward like a “drop.”

The olelot that must be left for the poor are clusters lacking both a shoulder and a drop. If a cluster has either of these features, it is not an olelet. If there is doubt, one must leave it for the poor, because uncertain gifts to the poor belong to the poor. If an entire vineyard consists of olelot, the entire vineyard belongs to the poor (Mishna, Pe’a 7:4; MT, Laws of Gifts to the Poor 4:17–21).^[6]

07. General Rules of the Mitzva

The field owner must open his field to all the poor, so that they can all gather their gifts. He may not favor one poor person over another. If he denies certain poor people permission to enter his field, he violates the prohibition against theft, for he has stolen their share of the gifts (MT, Laws of Gifts to the Poor 1:8; 4:12).[7]

Only the poor themselves may gather these gifts. A person who is not poor may not gather the gifts on behalf of a poor friend who cannot come to the field. If the field owner, or any other person who is not poor, gathered the gifts for a particular poor person, that poor person has not acquired them. The one who gathered them unlawfully must place them before the first poor person he meets (MT, Laws of Gifts to the Poor 2:19).

If the field owner hired a poor worker to harvest his field, the worker’s son or wife may gather after him and take from the pe’a, provided that they are treated like all the other poor people (Bava Metzia 12a–b; MT, Laws of Gifts to the Poor 4:11). Moreover, after finishing his work, the poor worker himself may take from whatever gifts remain in the field, so long as he had not earlier prevented the other poor people from taking them (MT, Laws of Gifts to the Poor 6:15).

The mitzva is to leave the gifts for the poor at the time of harvest or picking. If, however, thieves harvested the grain or picked the fruit, then left it in the field and fled, the field owner is exempt from the obligation to leave gifts to the poor (MT, Laws of Gifts to the Poor 2:4).

If one harvested the entire field and did not leave pe’a, he violated a Torah prohibition. Nevertheless, he is not yet liable to lashes, since the violation can still be corrected: he can give the poor a portion of what he harvested or picked. If, however, he already sold all the produce, or if it was lost or burned, the violation can no longer be corrected, and he becomes liable to lashes (MT, Laws of Gifts to the Poor 1:1–5).

Even a poor field owner must leave the gifts for other poor people. For purposes of his own field, he is considered wealthy (see Bava Metzia 12a; MT, Laws of Gifts to the Poor 1:8).

Even if the poor were delayed and did not come to take their gifts at the time of harvest or picking, the field owner may not gather the gifts for himself until the time has passed when the last of the poor normally come to gather in the fields. At that point, the poor are considered to have given up hope of receiving the gifts. The field owner may then gather them, plow them under, or destroy them (Bava Metzia 21b).

Gifts to the poor are exempt from terumot and ma’asrot (MT, Laws of Terumot 2:9; see below, 8:4, note 7). They have no sanctity, and the poor person may do with them whatever he wishes, even feed them to animals (Arukh ha-Shulḥan 14:28).

08. Opening the Fields for the Poor to Gather

The poor may not enter the field to gather their gifts without the field owner’s permission. The field owner’s mitzva is to grant them access to the field, but not to gather or distribute the gifts for them. Rather, once he allows them to enter, each poor person gathers from the gifts according to his ability.

Once a poor person picks up the gifts, they belong to him, and anyone who snatches them from him commits theft. If he has not actually taken them but merely claimed them verbally or spread his garment over them, he has not acquired them, and any other poor person may still take them.

Even if ninety-nine elderly poor people ask the field owner to harvest the pe’a for them and divide it equally, while one young person asks that the poor be allowed to gather it themselves, each according to his ability, we listen to the young person, because he is asking that the mitzva be fulfilled properly – that the poor enter and gather with their own hands.

To prevent them from accidentally injuring one another while collecting their gifts, the Sages enacted that the poor must pick the pe’a by hand, not with tools such as sickles or axes. Nevertheless, when the fruit grows on a tall tree, such as a date palm, where the struggle to collect it could become dangerous, the Sages enacted that the field owner should pick the pe’a for all of them and divide it equally (Mishna, Pe’a 4:1–2, 4; MT, Laws of Gifts to the Poor 2:16–20).

The Sages established that field owners should open their fields to the poor three times each day, so that they could take from the pe’a and the other gifts. In the morning, the fields were opened for nursing mothers, who could then gather before their children woke up. At midday, they were opened for poor children who had risen late, as well as for children who had been occupied in the morning with Torah study. Toward evening, they were opened for the elderly, who had difficulty walking and seeing; by the time they had gathered the strength to go out to the fields, the time of minḥa had arrived. Setting fixed times served another purpose as well: it prevented field owners from coordinating the opening of the field with their poor relatives and thereby favoring them over the other poor (Yerushalmi, Pe’a 4:3; MT, Laws of Gifts to the Poor 2:14, 17).

Originally, it seems the poor would gather leket, shikḥa, peret, and olelot throughout the day, as the harvest or picking was taking place, while only pe’a was made available at the three fixed times. However, when the field owner was concerned that the poor might steal or damage the trees, these gifts too were gathered only at those three times, under his supervision.

Regarding pe’a, the practice seems to have been as follows: in small fields and orchards, once the harvest or picking was completed, the owner would wait until the next of the three fixed times and then allow the poor to gather the gifts. Thus, at least one of the three groups of poor people would be able to gather from that field or orchard.

In large fields and orchards, where the harvesting or picking proceeded row by row, at each of the three fixed times the owner would designate the ends of the rows that had already been harvested or picked as pe’a for the poor. In this way, all three groups of poor people could benefit from the pe’a.^[8]

The field owner must supervise the gathering to ensure that people who are not poor do not take from the gifts. If, however, a person who is not poor comes to gather and the owner cannot stop him without creating conflict, he should let him gather together with the poor for the sake of peace (MT, Laws of Gifts to the Poor 4:13; Mahari Kurkus).

Although the gifts are intended for the Jewish poor, if non-Jewish poor people come together with them, they too may gather for the sake of peace (Gittin 59b; MT, Laws of Gifts to the Poor 1:9).

The Sages said that it is not proper for a Jew to employ non-Jewish workers to harvest or pick if they are unfamiliar with the laws of the gifts to the poor, lest they deprive the poor of what belongs to them (MT, Laws of Gifts to the Poor 2:10).

09. The Law of These Gifts Today

The mitzva to leave gifts for the poor applies only when poor people are expected to come and gather them. When it is known that they will not come – such as when the field is very far from where they live – there is no mitzva to leave the gifts. The Torah states, “You shall leave them for the poor and the stranger” (Vayikra 19:10), meaning that they must be left for the poor, “not for ravens and bats” (Ḥullin 134b). Since, in such a case, there is no mitzva to leave the gifts, the entire crop belongs to the field owner outright, and he must separate terumot and ma’asrot from all of it (Ritva, Gittin 47a).

Similarly, when it is known that most of those who will come to gather the gifts are poor non-Jews, there is no mitzva to leave them. These gifts are meant for the Jewish poor. If poor non-Jews happen to come together with poor Jews, they may gather with them for the sake of peace. But where most of the gatherers are non-Jews, the mitzva does not apply (Tur YD 332; Baḥ).

Today, when fields are far from the towns and cities where the poor live, there is almost no realistic situation in which it would be worthwhile for them to come and gather these gifts. Reaching them would require walking long distances, and the poor would be able to carry only a small amount of produce on their backs. If they obtained a vehicle to transport the produce, the cost of the vehicle and travel would generally exceed the value of the produce. Even if they managed to gather large quantities, they would have great difficulty selling them, since they are not connected to marketing systems. And even if they did connect to those systems, they would receive little for the produce. In industrial agriculture, the produce itself has little value; most of what the consumer pays goes toward transportation and marketing.

In principle, there may be rare cases in which it would be worthwhile for a poor person to gather these gifts. For example, this might apply to grapes suitable for high-quality wine, if poor people live near the fields, have no other work, and are capable of gathering the grapes, bringing them home, and producing fine wine from them. In practice, however, such cases almost never arise, because a poor person capable of doing all this could generally find steady work that pays more.

Therefore, as long as the field owner knows of no poor people who wish to gather the gifts from his field, the general rule today applies: there is no mitzva for him to leave these gifts for the poor. Since the entire crop belongs to him, terumot and ma’asrot must be separated from all of it, including the portion that in earlier times would have been left as gifts to the poor.^[9]

Although today we do not merit fulfilling the mitzvot of gifts to the poor directly in the fields, Torah scholars must study deeply the realities of economics and employment in all their sectors. They must examine the condition of the poor, the causes of their hardship, and, at the same time, the Torah’s laws of gifts to the poor. From these laws, they can draw inspiration and guidance for the proper Torah approach to helping the poor in the best possible way. The goal is to find a way for all those who produce goods and services that people need – such as food, clothing, furniture, housing, health care, and the like – to share the fruits of their labor with the poor. This sharing should be structured so that the poor participate in the effort needed to receive it, while causing little loss to the donors and great benefit to the recipients, as explained above in section 2.

01. The Mitzva

The Jewish people are commanded to separate terumot and ma’asrot from grain and fruit they grow in Eretz Yisrael. This mitzva has four components: two forms of teruma and two forms of ma’aser. For this reason, it is called terumot and ma’asrot.

The terumot are sacred and designated for kohanim, who must eat them in a state of purity. Ma’aser rishon is given to the levi’im. Since it has no sanctity, it may be eaten without restriction. The second ma’aser depends on the year of the shemita cycle. In the first, second, fourth, and fifth years, it is called ma’aser sheni and is brought to Jerusalem to be eaten there in purity. In the third and sixth years, this same ma’aser is instead given to the poor and is therefore called ma’aser ani. Since it has no sanctity, it may be eaten without restriction.

Since the destruction of the Temple, we can no longer fulfill the mitzva of terumot and ma’asrot as it was meant to be fulfilled. First, kohanim cannot eat teruma, as it may only be eaten in a state of ritual purity. Today, everyone, including kohanim, is presumed to have the impurity imparted by a corpse. This impurity is contracted by touching a corpse, being under the same roof as one, or touching a metal utensil that became impure through contact with a corpse. It can be removed only through the prescribed sprinkling of water mixed with the ashes of the red heifer. Since the destruction of the Temple and the exile, that purification process is no longer available to us.

Second, the produce separated as ma’aser sheni must be eaten in a state of purity in Jerusalem, near the altar. Apart from our inability to become pure, the Temple and altar no longer stand, so it is impossible to eat ma’aser sheni as the Torah commands. Ma’aser rishon, which is designated for the levi’im, presents a separate difficulty. When the Temple stood, kohanim and levi’im served there, so their lineage had to be verified. Once that service ceased after the destruction, the practical need for such verification ceased as well. Consequently, some uncertainty remains about who truly has levi status. Nevertheless, in practice, one must still fulfill this mitzva and give it to levi’im who are engaged in Torah, as explained below, 9:8.

The only ma’aser that can be fulfilled today le-khatḥila and without any halakhic uncertainty is ma’aser ani, which must be separated in the third and sixth years of the shemita cycle. The obligation today is limited in another respect as well: since most of the Jewish people live in the Diaspora, most authorities maintain that the mitzva today is rabbinic, as explained below, 12:11.

In practice, although the original purpose of terumot and ma’asrot is only faintly expressed today, the obligation remains. By observing this mitzva, we remember the great vision embedded within it, and the foods we eat become sanctified through their connection to sacred values. As long as terumot and ma’asrot have not been separated, the produce is forbidden to eat. The Sages call such produce tevel, a term meaning tov-lo – “not good” – because it is not yet fit to be eaten. It may not be used for planting either (MT, Laws of Ma’aser 6:3).

In this chapter, we will explain the principles behind the mitzva as it is meant to be fulfilled in an ideal national setting. In the following chapters, we will explain the halakhic principles and practical methods through which it is fulfilled today.

02. The Four Stages of the Mitzva

The Torah commands that terumot and ma’asrot be separated in their proper order (MT, Laws of Terumot 3:23).

First, one must separate teruma gedola for the kohen. As God says to Aharon the kohen: “All the best of the oil, and all the best of the wine and grain, their first portion, which they give to the Lord, I have given to you” (Bamidbar 18:12). By Torah law, teruma gedola has no fixed measure. Each person may give as his heart desires. Even if he separates one kernel of wheat from an entire granary, he has fulfilled the mitzva. The Sages, however, established three measures: an ordinary person gives one-fiftieth of the produce (2%); one with a “poor eye,” who is sparing with his property, gives one-sixtieth (1.67%); and one with a “generous eye” gives one-fortieth (2.5%).

The mitzva is to separate teruma gedola by estimate, so that the generosity of one’s heart finds expression. Therefore, even after the Sages established a measure, they instructed that it be separated by estimate, without weighing, measuring, or counting the produce (Yerushalmi, Terumot 1:4, based on Bamidbar 18:27).

Second, one separates ma’aser rishon. After teruma gedola has been separated, a tenth of the remaining produce is given to a levi, as it says: “To the descendants of Levi, I hereby give every tithe in Israel as an inheritance, in exchange for their service, the service that they perform in the Tent of Meeting” (Bamidbar 18:21).

Third, one separates terumat ma’aser. From the ma’aser he receives, the levi must separate a tenth – a tithe from the tithe – and give it to the kohen. As it says: “Speak to the Levites and say to them: When you take from the Children of Israel the tithe that I have given you from them as your inheritance, you shall separate from it the Lord’s teruma, a tithe from the tithe… the Lord’s teruma, for Aharon the kohen” (ibid. 18:26–28). After terumat ma’aser is separated, about nine percent of the original produce remains with the levi. The kohen receives about three percent through the two terumot.

Fourth, after ma’aser rishon has been separated, another tithe is taken from the remaining produce. In the first, second, fourth, and fifth years of the shemita cycle, it is called ma’aser sheni. It remains in the owner’s possession, but he must bring it to Jerusalem and eat it there in purity. In the third and sixth years, this tithe is called ma’aser ani and is given to the poor.

When the Jewish people are established as they should be – with their feet planted firmly in Eretz Yisrael and their head reaching toward heaven – their strength depends in large measure on the mitzva of terumot and ma’asrot. This mitzva forges a deep bond between the world of action and the world of spirit, between those engaged in work and those engaged in Torah and education. Through the terumot and ma’aser rishon separated from their produce, the kohanim and levi’im are able to devote themselves to their spiritual work. In this way, people of action and people of spirit become partners in sustaining a full and meaningful national life.

Moreover, terumot and ma’asrot reveal the sacred values latent within the fruit that grows in Eretz Yisrael. The terumot given to the kohanim express the yearning to support sacred service and to increase Torah among the Jewish people. Ma’aser rishon, given to the levi’im, expresses the aspiration to support education and the teaching of Torah. In the four years when ma’aser sheni is separated, a person’s desire to connect personally with holiness is revealed through his ascent to Jerusalem and his eating his produce in purity. The fruit contains one further hidden aspiration: support for the poor. This is expressed in the two years when ma’aser ani is separated, as well as through leaving leket, shikḥa, and pe’a for the poor. Once all these values have been expressed, the fruit is restored to its proper order and fit to eat, giving the Jewish people strength and joy for a good life.

03. Upholding Torah in Israel

The role of the kohanim and levi’im is to be Israel’s Torah scholars and educators. As it says: “They shall teach Your laws to Yaakov and Your Torah to Israel” (Devarim 33:10). Similarly, when the Torah describes difficult legal questions, it directs the people to the kohanim and the central court: “If a matter of judgment is too difficult for you, between blood and blood, between law and law, between lesion and lesion – matters of dispute within your gates – you shall arise and ascend to the place that the Lord your God will choose. You shall come to the Levitical kohanim and to the judge who will be in those days; you shall inquire, and they shall tell you the matter of judgment” (ibid. 17:8–9).

To ensure that the kohanim and levi’im would be spread throughout the Land and free for their spiritual work – learning Torah and teaching it – the Torah established that they would not receive their own inheritance in the Land. Rather, each tribe was to set aside cities for them within its inheritance. As it says: “The Lord spoke to Moshe… Command the Children of Israel that they give the Levites, from the inheritance of their possession, cities in which to dwell; and you shall give the Levites open land around the cities. The cities shall be theirs to dwell in, and their open lands shall be for their animals, their property, and all their needs… All the cities that you shall give the Levites shall be forty-eight cities… From the larger tribe you shall take more, and from the smaller tribe you shall take less; each tribe, according to the inheritance that it receives, shall give from its cities to the Levites” (Bamidbar 35:1–8).

In other words, the kohanim and levi’im received cities and their surrounding open land, but no agricultural land. Instead, they were to be sustained by the terumot and ma’asrot they received from the rest of Israel. As it says: “There shall not be for the Levitical kohanim, the entire tribe of Levi, any portion or inheritance with Israel; the fire offerings of the Lord and His inheritance shall they eat. He shall have no inheritance among his brothers; the Lord is his inheritance, as He spoke to him” (Devarim 18:1–2). In the days of Yehoshua, the Children of Israel fulfilled this command, as it says: “The Children of Israel gave the Levites, from their inheritance, by the word of the Lord, these cities and their open lands” (Yehoshua 21:3). Over the generations, as the need arose, additional cities were allocated to kohanim and levi’im, such as Nov and Anatot.

Since the purpose of giving terumot to kohanim and ma’aser to levi’im is to support them in their spiritual role, the mitzva is best fulfilled by giving these gifts to the Torah scholars among them, who learn and teach Torah. This is reflected in what King Ḥizkiyahu instructed: “He told the people, the inhabitants of Jerusalem, to give the portion of the kohanim and levi’im, so that they might be strengthened in the Torah of the Lord” (2 Divrei Hayamim 31:4).

Even when no kohanim or levi’im engaged in Torah are present, the obligation to give the gifts to kohanim and levi’im remains. Since the tribe as a whole was set aside for this role and therefore received no inheritance in the Land, the obligation applies regardless. However, because the ideal is to give the gifts to the teachers and scholars among them, once such kohanim and levi’im are present, the gifts should again be given to them. ^[1]

Beyond the tribe of Levi, which was specifically assigned responsibility for Torah study and instruction in Israel, any Jew who wished to do so could also dedicate his life to Torah, studying and teaching (MT, Laws of Shemita and Yovel 13:13). Since terumot and ma’asrot were not designated for Jews from the other tribes, those among them who wished to devote themselves to Torah had to scale back their work in the fields and be content with less, so that they could make time for Torah study. Presumably, those who chose this path were people of unusual talent, diligence, and character. As a result, many reached levels of Torah knowledge above the average among members of the tribe of Levi, and many became heads of yeshivot, members of rabbinic courts, and members of the Sanhedrin.

At times, their families supported them, as in the model of Zevulun and Yissachar. At other times, the public paid them compensation for time away from work so that they could devote themselves to teaching or judging. Even so, the essential role of the tribe of Levi remained in place. Its members bore the overall responsibility for sustaining Torah in Israel: educating children and adults, establishing regular Torah classes for adults, making peace between people and between husband and wife, providing emotional support to those in need, and rehabilitating murderers and other offenders. Upon this solid foundation, Jews from other tribes who devoted themselves to Torah added another important tier, expanding and glorifying Torah through halakhic ruling, education, and the enrichment of communal life in all the areas entrusted to the tribe of Levi. (The enactment of ma’aser kesafim continues the same ideal as terumot and ma’asrot, extending it from agriculture to other forms of work and business.)

04. The Distribution of the Gifts

The owner of the produce has the right to decide which kohen will receive his terumot and which levi will receive his ma’asrot. As it says: “Each man’s sacred things shall be his; whatever a man gives to the kohen shall be his” (Bamidbar 5:10). This right is meant to create a personal bond between the produce owners and the kohanim and levi’im, encouraging the kohanim and levi’im to devote themselves to sacred service within their communities, so that community members will want to give them their gifts. A kohen or levi who is diligent in teaching Torah to children and adults, and whose wisdom and counsel benefit others, will naturally be preferred when people distribute their gifts. By contrast, one who keeps his distance from the community, acts arrogantly, or is lazy and fails to teach Torah will naturally find that the community responds in kind when the gifts are distributed.

Once a kohen receives produce separated as teruma, it becomes his property. He may sell it to other kohanim, who will eat it in purity, and use the money to buy whatever he wishes (Ḥullin 131a). However, since a kohen may not engage in commerce with teruma (Mishna, Shevi’it 7:3), the system was not meant to create a situation in which beloved and respected kohanim and levi’im receive far more than they need, while others receive nothing. These gifts, after all, consisted of food. Once the most admired kohanim and levi’im receive enough to provide for their families generously, it made little sense to give them more than their households could eat. It is better for the owner to form a relationship with other kohanim and levi’im, who are more available to build a spiritual and Torah-learning bond with those who choose to give them their gifts.

In this way, the mitzva creates an ongoing bond between Jewish landowners as a whole and the full body of kohanim and levi’im. The most devoted kohanim and levi’im are given preference and receive everything they need in abundance. Those who are less welcoming, or who do not make the effort to teach their students well, receive fewer gifts. When difficult years come and the harvest is small, so that the gifts are not enough to support all the kohanim and levi’im, those who have not served their communities properly suffer shortage.

The usual practice was for the kohanim and levi’im who had a relationship with the owner of the produce to come to the place where the produce was gathered in the fields and receive their gifts there. The owner’s obligation was to separate terumot and ma’asrot, not to deliver them to the homes of the kohen and levi. If the kohen or levi did not come to the field, the Sages enacted that the owner should bring the gifts to the kohen or levi at home, or hire someone to do so, while the kohen or levi would pay the standard cost of transport (Ḥullin 134b; MT, Laws of Terumot 12:17). Presumably, when a landowner wished to give his gifts to a kohen or levi who was great in Torah, he would volunteer to bring them to his home, so as not to interrupt his Torah study.

Kohanim and levi’im may not take the gifts without permission. Similarly, they may not help the owner with his work in order to receive the gifts, because doing so deprives their fellow kohanim and levi’im and desecrates the name of Heaven. Those who behave this way disgrace their sacred role, and it may be assumed that they do not teach Torah properly either. About them the prophet said: “You have turned aside from the way; you have caused many to stumble in the Torah; you have corrupted the covenant of Levi, says the Lord of Hosts. Therefore I too have made you despised and lowly before all the people, because you do not keep My ways and show partiality in Torah” (Malakhi 2:8–9).

Kohanim and levi’im may not ask for terumot or ma’aser in an undignified way either. These gifts are God’s, and He commanded that they be given to them with honor. As it says: “Behold, I have given you charge of My terumot, from all the sacred things of the Children of Israel; I have given them to you le-mashḥa” (Bamidbar 18:8). Le-mashḥa means “for greatness and honor,” so that they can teach Torah with dignity. As it says: “For the lips of a kohen shall guard knowledge, and they shall seek Torah from his mouth, for he is an angel of the Lord of Hosts” (Malakhi 2:7; Bekhorot 26b; Tosafot, Bekhorot 51b, s.v. hilkhakh; MT, Laws of Terumot 12:18–19).^[2]

05. Laws of Eating Teruma

The kohen’s wife and children may eat teruma together with him, for the kohen’s sacred calling is not his alone; his entire household shares in it. They too are therefore expected to observe the laws of purity required for eating teruma.

If the daughter of a kohen marries a zar – a non-kohen, that is, a levi or Yisrael – she may no longer eat teruma. If she is later widowed or divorced and has no child from him, she returns to her father’s household and may once again eat teruma. If she does have a child from that marriage, she remains connected to her husband’s household and may not eat teruma, as it says: “If a kohen’s daughter becomes the wife of a non-kohen, she may not eat of the sacred teruma. But if a kohen’s daughter becomes widowed or divorced and has no offspring, and she returns to her father’s house as in her youth, she may eat of her father’s bread” (Vayikra 22:12–13).

The reverse is also true. If the daughter of a Yisrael marries a kohen, she may eat teruma with him. If she is widowed or divorced and has no descendant from him, she returns to her original Yisrael status and may no longer eat teruma. If, however, she has a descendant from him, even a grandson or granddaughter, she remains connected to the priestly household through that descendant. Were she then to marry a Yisrael, she would again lose the right to eat teruma, even though she has a child who is a kohen (MT, Laws of Terumot 6:7–12, 17).

Before eating teruma, in addition to reciting the appropriate berakha over the food, the kohanim recite: “Blessed are You, the Lord our God, King of the universe, Who sanctified us with the sanctity of Aharon and commanded us to eat teruma” (MT, Laws of Terumot 15:22).

Teruma may be consumed or used only in its normal manner: foods that are normally eaten may be eaten, beverages that are normally drunk may be drunk, and oil normally used on the body may be used for anointing. One may not, however, anoint his body with wine, since wine is not normally used for that purpose. Similarly, one may not eat or drink teruma in an unusual manner. Doing so is considered wasting the teruma and is prohibited (MT, Laws of Terumot 11:1–9; see Peninei Halakha: Shevi’it 4:1, note 1).^[3]

06. Teruma and the Laws of Purity

The role of the kohanim is to connect Israel with God, and safeguarding purity is one of the conditions that enables them to fulfill that role. Therefore, only a kohen who is ritually pure may eat teruma. For this reason, kohanim and their families must be careful not to become impure and must also protect their clothing and utensils from impurity. The laws of purity and impurity are numerous and highly complex; we will mention only a few.

In general, impurity is associated with death. A corpse is therefore the highest source of impurity, an avi avot ha-tum’a. A Jew or utensil that touches a corpse or remains together with it in an ohel – that is, under the same roof – becomes a primary source of impurity, an av ha-tum’a. A Jew who becomes impure through contact with a corpse can become pure only through a seven-day process: water mixed with the ashes of the red heifer is sprinkled on him on the third and seventh days, and on the seventh day he immerses in a mikveh. A lower level of impurity applies to a zav and a nidda. In these cases as well, impurity emerges from something that was connected to the potential for life but died, and they are therefore considered avot ha-tum’a. A zav, zava, and nidda become pure by counting seven days and immersing in a mikveh, without the sprinkling of the red-heifer waters.

A person or utensil that touches an av ha-tum’a – such as a zav, a nidda, or a person who became impure through contact with a corpse – becomes impure. After immersion, once the day ends, he or it becomes pure. A neveila or dead sheretz is also impure at the level of an av ha-tum’a. A person or utensil that touches one of them becomes impure and becomes pure through immersion and nightfall. Utensils made of stone or earth do not contract impurity.

The produce separated as teruma must also be protected from impurity. If, after being picked, the produce becomes wet with one of the seven liquids – water, wine, honey, olive oil, milk, dew, or blood – it becomes susceptible to impurity. Once that happens, if an impure person or utensil touches it, even after it has dried, the produce becomes impure. However, if it never became wet, then it was never made susceptible to impurity, and even contact with an impure person or utensil does not render it impure.

Even though teruma is specifically meant to be eaten by kohanim in purity, the obligation to separate teruma applies even when the produce has become impure. As it says: “Behold, I have given you charge of My terumot” (Bamidbar 18:8), which the Sages interpret to mean: whether the teruma is pure or impure. When the teruma is pure, it is designated for eating. When it is impure, it must be burned. However, since one may benefit from it while it burns, it is preferable that the kohen receive that benefit: if it is fruit, he may use it to fuel an oven; if it is oil, he may use it to light lamps (Shabbat 25a; MT, Laws of Terumot 2:14–15).

07. The Difference Between Kohanim and Levi’im

For most of the year, the kohanim and levi’im lived in their designated cities throughout the Land. When their family’s turn to serve in the Temple arrived, they would go up to Jerusalem. The main Temple service and the offering of the sacrifices were entrusted to the kohanim, while the levi’im assisted them in two ways: guarding the Temple gates and accompanying the public sacrifices with song and music. To that end, the levi’im formed choirs and musical ensembles.

When the kohanim and levi’im were in the Temple, the kohanim were sustained by the portions of sacrificial meat designated for them, as well as by the menaḥot and bikurim. The levi’im, by contrast, were sustained from the produce of ma’aser sheni that Jews brought up to Jerusalem, as it says: “You shall eat there before the Lord your God and rejoice, you and your household. And do not abandon the Levite within your gates, for he has no portion or inheritance with you” (Devarim 14:26–27). They also shared in the meat of the shelamim offerings and ma’aser behema that the people brought, as it says: “Before the Lord your God you shall eat it, in the place that the Lord your God will choose – you, your son, your daughter, your male servant, your maidservant, and the Levite within your gates – and you shall rejoice before the Lord your God in all your endeavors. Guard yourself, lest you abandon the Levite all your days upon your land” (ibid. 12:18–19).

For most of the year, when they lived at home, the kohanim were sustained by terumot, and the levi’im by ma’aser rishon. The Torah commands the levi’im to separate terumat ma’aser from the ma’asrot they receive and give it to the kohen, thereby strengthening the bond between levi’im and kohanim.

A basic difference between kohanim and levi’im shapes their daily lives. Teruma is sacred and may be eaten only in purity, whereas the ma’aser given to a levi is non-sacred produce and may be eaten even in impurity. Kohanim and their families must therefore guard themselves from impurity at all times. Levi’im, like other Jews, need to be pure when they go up to the Temple, but during the rest of the year they do not have to live with that same constant vigilance.

Since the role of the kohanim is to extend the sanctity of the Temple throughout the Land, they must live with a higher degree of separation and purity. From within that atmosphere, they teach Torah to Israel. The levi’im, by contrast, come into closer contact with the people and, presumably, are therefore more involved in teaching and educating children. Since the levi’im do not need to guard themselves constantly from impurity, they can, when necessary, work in other occupations.

The kohanim, by contrast, receive many gifts. Some come through their service in the Temple, allowing them to remain in Jerusalem for longer periods. They also receive important gifts throughout the Land that have no sanctity attached to them, such as the foreleg, cheeks, and stomach from every slaughtered animal. These gifts help sustain the kohanim when they are impure and cannot partake of teruma. For example, a kohen may become impure when one of his close relatives dies. Women have days of impurity, men may become zavim, and one who has marital relations or experiences a seminal emission may not eat teruma until he immerses and the day ends.

In any case, relative to their numbers in the early days of the nation, the kohanim received far more gifts than the levi’im. It seems that this led the kohanim to increase in numbers at a faster rate than the levi’im. Perhaps this was the Torah’s intention: to strengthen the priesthood, whose way of life inclined more toward piety and purity, in comparison with the levi’im. By the beginning of the Second Temple period, the kohanim who returned to the Land already numbered ten times as many as the levi’im.^[4]

08. Ma’aser Rishon

The Torah’s mitzva is to give ma’aser rishon to a levi, not to a kohen. Although kohanim are also members of the tribe of Levi, and when kohanim own tevel produce they may keep the ma’aser rishon after separating it, and then separate terumat ma’aser from it for themselves, nevertheless, when a Yisrael owns produce, he must give ma’aser rishon specifically to a levi. This follows R. Akiva in Yevamot 86a–b, Yerushalmi, Ma’aser Sheni 5:3, and MT, Laws of Ma’aser 1:1.

At the beginning of the Second Temple period, Ezra called upon the levi’im to ascend to Eretz Yisrael, though only a few did so. They numbered less than one-tenth of the kohanim and less than one percent of all those who ascended. Ezra therefore instituted a penalty against the levi’im: people would no longer be required to give them the entire ma’aser rishon, which amounts to about nine percent of the total produce. After all, ma’aser rishon is given to the levi’im to support them in their service, as it says: “To the descendants of Levi, I hereby give every tithe in Israel as an inheritance, in exchange for their service that they perform” (Bamidbar 18:21), not in order to make them wealthy. It was therefore established that the ma’aser could also be given to kohanim, or directed to other purposes as the beit din saw fit. The beit din had authority to institute this penalty because ma’aser rishon is monetary property and has no sanctity. The beit din could therefore expropriate it from the levi’im and direct it wherever it saw fit.

The Yerushalmi (Ma’aser Sheni 5:5) explains that, at first, they ordained that the ma’aser be brought to the Temple treasury. One-third was given to the kohanim and levi’im in Jerusalem, one-third was kept in the treasury for communal needs in Jerusalem, and one-third was distributed to the poor and to Torah scholars in Jerusalem. It appears that as Jewish life spread throughout the Land, people once again distributed ma’aser rishon locally. However, because of Ezra’s penalty, they no longer gave it only to levi’im; they also gave it to kohanim (Yevamot 86b, based on Tosafot, Rosh, and others).

Some authorities maintain that Ezra’s penalty was annulled after the destruction of the Second Temple. Since then, ma’aser rishon must again be given specifically to levi’im, and this is the proper practice (Beit Yosef and SA YD 331:19, based on MT, Laws of Ma’aser 1:4).^[5]

09. Ma’aser Sheni

After separating ma’aser rishon for the levi, one separates an additional tithe from the remaining produce, amounting to about nine percent of the original total. In the first, second, fourth, and fifth years of the shemita cycle, this additional tithe is ma’aser sheni; in the third and sixth years, it is ma’aser ani.

Ma’aser sheni has a unique status: it is sacred and considered mamon gavoha – property of Heaven – yet it remains in the owner’s possession, because the mitzva is for him and his family to eat it in purity within the walls of Jerusalem. As it says: “You shall surely tithe all the produce of your seed that comes out of the field year by year. You shall eat before the Lord your God, in the place that He will choose to make His name dwell there, the tithe of your grain, your wine, and your oil… so that you will learn to fear the Lord your God all the days” (Devarim 14:22–23).

When the distance to Jerusalem or the amount of produce makes it difficult to bring the ma’aser sheni itself, the owner may redeem it by transferring its sanctity to money. The produce then becomes non-sacred, while the money assumes the sanctity of ma’aser sheni. The owner brings that money to Jerusalem and uses it to buy food, which is then eaten there in purity, in accordance with the laws of eating ma’aser sheni. As it says: “If the way is too long for you, so that you cannot carry it, because the place that the Lord your God will choose to place His name there is far from you, when the Lord your God blesses you, then you shall place it in money. You shall bind up the money in your hand and go to the place that the Lord your God will choose. You shall spend the money on whatever your soul desires: cattle, sheep, wine, strong drink, or anything your soul asks of you. You shall eat there before the Lord your God and rejoice, you and your household” (ibid. 14:24–26).

When redeeming the ma’aser sheni, the owner must add a fifth to the value of the produce, as it says: “Every tithe of the land, from the seed of the land and from the fruit of the tree, belongs to the Lord; it is sacred to the Lord. If a man redeems any of his tithe, he shall add its fifth to it” (Vayikra 27:30–31). This added fifth is calculated as one-fifth of the final amount, which in practice means adding one-quarter to the original value. Thus, if the produce is worth 100, the owner redeems it for 125.

Because ma’aser sheni is sacred, it may not be treated like ordinary produce. For example, one may not sell it or exchange it.^[6]

10. The Meaning of Ma’aser Sheni

Through ma’aser sheni, the mitzva of going up to Jerusalem for the pilgrimage festivals – Pesaḥ, Shavu’ot, and Sukkot – was woven into the regular rhythm of national life. Over the six working years of the shemita cycle, about six percent of a person’s total yield is designated for eating in Jerusalem, most naturally during the festival meals. These meals are meant to be shared with levi’im and the poor as well. The more blessing a person receives, the longer his family can remain in Jerusalem, in the shade of the Shekhina, and the more generously he can host levi’im and the poor at his table. If he has children capable of sustained Torah study, he can encourage them to stay in Jerusalem, study there, and be supported by the ma’aser sheni funds. This is the meaning of the Torah’s statement: “So that you will learn to fear the Lord your God” (Devarim 14:23). The Sages explain: “This teaches that the ma’aser brings a person to Torah study” (Sifrei, Re’eh §106; Tosafot, Bava Batra 21a, s.v. ki).

A person who cannot go up to Jerusalem for the nearby festivals may keep the ma’aser sheni money until a later festival, when he is able to go. Its use, however, may not be postponed indefinitely. The Torah therefore sets a time by which the ma’aser sheni must be finished; this is the time of bi’ur ma’asrot, as explained below, section 12.^[7]

The mitzva of ma’aser behema is also meant to connect Israel to the Temple (see below, 19:9). Thus, when the Jewish people went up on pilgrimage, their festival meals were supplied by the produce of ma’aser sheni, the food bought with its redemption money, and the meat of the ma’aser behema offering. The more blessing a person had received, the more people he could bring into the joy of his meal. In this sense, ma’aser sheni and ma’aser behema functioned as a kind of sacred reserve fund, set aside for pilgrimage and an extended stay in Jerusalem.

The same additional tithe becomes ma’aser sheni in four years of the cycle and ma’aser ani in two. This teaches that holiness and concern for the poor are not separate ideals, but two parts of a single vision. Indeed, those who have ma’aser sheni or ma’aser behema have a special mitzva to include the poor in the joy of their meals (see Peninei Halakha: Mo’adim 1:11, note 6).

11. Ma’aser Ani

In the third and sixth years of the shemita cycle, the additional tithe is given to the poor instead of being separated as ma’aser sheni. As it says: “At the end of three years, you shall bring out all the tithe of your produce in that year and leave it within your gates. Then the Levite – meaning a poor levi – for he has no portion or inheritance with you, and the stranger, the orphan, and the widow within your gates, shall come, eat, and be satisfied, so that the Lord your God will bless you in all the work of your hands that you do” (Devarim 14:28–29; see also Devarim 26:12). Thus, the additional tithe follows a three-year rhythm: in the first two years it is ma’aser sheni, and in the third year it is ma’aser ani. Ma’aser ani has no sanctity; the poor person may eat it wherever he wishes and may also sell it.

The ma’aser is distributed in the field after the produce has been fully gathered, as explained above, section 4. Ideally, each poor person receives enough for one day’s food – the value of two meals – as it says, “They shall eat within your gates and be satisfied.” A married recipient receives enough for his wife and young children as well. If there is not enough ma’aser for everyone to receive that amount, the produce is placed before the poor, who then divide it among themselves.

If some of the ma’aser remains after the owner has already given each poor person who came to his field enough to satisfy him, he may either continue giving them more until all of it has been distributed or save the remainder for his poor relatives, provided he does not reserve more than half of the ma’aser for them (Mishna, Pe’a 8:5; Yerushalmi, Pe’a 8:5). However, if no poor people come to the field, thereby requiring the owner to bring the ma’aser to them, he has tovat hana’a – the personal benefit of choosing which poor person will receive it. In that situation, if he has poor relatives, he may give them the entire ma’aser (Nedarim 84b; MT, Laws of Gifts to the Poor 6:7–13).

This raises a basic question. If the Torah wants both to draw people to Jerusalem and to support the poor, why structure the cycle this way – with ma’aser sheni in the first, second, fourth, and fifth years, and ma’aser ani only in the third and sixth? Why not divide the additional tithe every year, with two-thirds set aside for pilgrimage and one-third for the poor? And if the poor need this added support, why provide it only two years out of seven?

It appears that the Torah intends the poor to receive their basic support through leket, shikḥa, and pe’a, together with additional tzedaka as needed. Ma’aser ani serves a different purpose: it gives them good years in which they can enjoy a measure of comfort and abundance. This experience of relief and plenty may also encourage the poor, or their children, where possible, to work with greater energy and effectiveness in the other years, perhaps helping them escape the cycle of poverty and achieve independence. Had they instead received a modest allotment every year, they might have grown accustomed to getting by on it, without the special joy produced by years of abundance and without the desire, born in leaner years, to change their circumstances.

12. The Mitzva of Bi’ur Ma’asrot

The ma’aser cycle is built around two repeating three-year patterns. During the six working years, terumot and ma’aser rishon are always separated; what changes is the additional tithe. The first two years of each pattern are years of ma’aser sheni, while the third is a year of ma’aser ani. Thus, ma’aser sheni is separated in the first, second, fourth, and fifth years, and ma’aser ani in the third and sixth. In the seventh year, the produce is ownerless, and terumot and ma’asrot are not separated.

At the end of each three-year cycle, the Torah requires one to complete the separation and distribution of all terumot and ma’asrot from the previous years. This is the mitzva of bi’ur ma’asrot, as it says: “At the end of three years, you shall bring out all the tithe of your produce in that year and leave it within your gates” (Devarim 14:28). In other words, by the time of bi’ur, one must have completed all the obligations of terumot and ma’asrot for the produce of the three years that have passed: the terumot and ḥalla must be given to the kohen, ma’aser rishon to the levi, and ma’aser ani to the poor. The produce of ma’aser sheni and neta reva’i must be brought to Jerusalem and eaten there in purity. If the time of bi’ur arrives before one has brought them to Jerusalem, he must remove them from his possession by burning them or destroying them in some other way. The kohen, levi, and poor person, however, do not need to finish eating the gifts they received before the end of the bi’ur period. Once the gifts reached their possession before the time of bi’ur, the mitzva had been fulfilled (Yerushalmi, Bikurim 2:2; Rash Sirilio; Sha’arei Tzedek 11:22).

The time for bi’ur is at the end of Pesaḥ following each three-year cycle – Pesaḥ of the fourth year and Pesaḥ of the seventh. This allows enough time for all the produce of the third year to become obligated in ma’asrot. Fruit that grows from the rains of the third year reaches ḥanata by Tu Bi-Shvat of the fourth year, and its harvest is generally completed by Pesaḥ. Only then can all the ma’asrot of the third year be completed. Grain, legumes, and vegetables that become obligated in ma’aser during the fourth year before Pesaḥ, however, already belong to the fourth year. Their bi’ur ma’asrot therefore takes place at the next bi’ur, on Pesaḥ of the seventh year (Yerushalmi, Ma’aser Sheni 5:3, 5:5; MT, Laws of Ma’aser Sheni and Neta Reva’i 11:7).^[8]

The mitzva of bi’ur was especially effective with regard to ma’aser sheni and neta reva’i, which ultimately had to be brought to Jerusalem. Since the journey could be difficult, and people might find reasons to keep postponing it, one could otherwise hold on to the redemption money indefinitely and never use it for its intended purpose – buying food to be eaten in Jerusalem in purity. The Torah therefore establishes a time of bi’ur: by then, the money must either be used in Jerusalem or destroyed. Ideally, one goes up to Jerusalem and uses it to buy food there. If he cannot, he may give the money to relatives or friends who will use it in Jerusalem. If that too is not done, he must destroy it by the time of bi’ur. As for terumot and the ma’asrot given to the levi and the poor, other mitzvot require them to be given earlier, as explained below, section 14.

13. The Mitzva of Vidui Ma’asrot

One who has properly cleared out all the ma’asrot from his possession has a mitzva to declare this before God at Minḥa on the final Yom Tov of Pesaḥ in the fourth and seventh years of the shemita cycle (Mishna, Ma’aser Sheni 5:10). As the Torah states: “When you finish tithing all the tithe of your produce in the third year, the year of the tithe… you shall say before the Lord your God: ‘I have removed the sacred from the house, and I have also given it to the Levite, the stranger, the orphan, and the widow, in accordance with all Your commandment that You commanded me. I have not transgressed Your commandments, and I have not forgotten. I have not eaten of it in my mourning, I have not removed any of it while impure, and I have not given any of it to the dead. I have listened to the voice of the Lord my God; I have done according to all that You commanded me. Look down from Your holy dwelling, from heaven, and bless Your people Israel and the land that You have given us, as You swore to our fathers, a land flowing with milk and honey’” (Devarim 26:12–15).

From the fact that the Sages call this mitzva vidui ma’asrot, we learn that vidui is not confined to confession of sins. There is also a positive vidui for the fulfillment of mitzvot. At its root, vidui is a formal summary presented before God. The mitzva is to recite this vidui in the Temple, as it says: “You shall say before the Lord your God” (Devarim 26:13). However, one who did not have the privilege of going up on pilgrimage at the time of bi’ur should recite the vidui wherever he was. One who does not understand Hebrew may recite it in translation (MT, Laws of Ma’aser Sheni and Neta Reva’i 11:5–6).

Only one who observed the laws of terumot and ma’asrot properly throughout the three-year cycle is entitled to recite the vidui. Each phrase of the declaration refers to another aspect of proper observance. “I have removed the sacred from the house, and I have also given it to the Levite, the stranger, the orphan, and the widow, in accordance with all Your commandment that You commanded me” indicates that all the required gifts were given, and that the order of separation was not changed. “I have not transgressed Your commandments” indicates that he did not separate from one species for another, from detached produce for attached produce, from attached produce for detached produce, from new produce for old, or from old produce for new. “I have not forgotten” indicates that he did not forget to recite the berakha before performing the mitzva.

The declaration continues: “I have not eaten of it in my mourning” – he did not eat ma’aser sheni while he was an onen. “I have not removed any of it while impure” – he did not cause it to become impure. “I have not given any of it to the dead” – he did not use the redemption money of ma’aser sheni for any other mitzva, even for the burial of the dead. “I have listened to the voice of the Lord my God” – he brought ma’aser sheni to the Temple. “I have done according to all that You commanded me” – he rejoiced with it and brought joy to others, as it says: “You shall rejoice in all the good that the Lord your God has given you and your household, you, the Levite, and the stranger in your midst” (Devarim 26:11; Mishna, Ma’aser Sheni 5:11–12; MT, Laws of Ma’aser Sheni and Neta Reva’i 11:15).

After a person has had the privilege of fulfilling the mitzva of terumot and ma’asrot in all its details and refinements, the Jewish people can be blessed in his merit. Yet without prayer, that blessing will not come. Therefore, the Torah commands him to pray and ask: “Look down from Your holy dwelling, from heaven, and bless Your people Israel and the land that You have given us, as You swore to our fathers, a land flowing with milk and honey.”

Today, vidui ma’asrot is not recited, since the Temple is destroyed and we cannot eat ma’aser sheni in purity in Jerusalem as the Torah requires. Some nevertheless observe a commemoration of the mitzva by reading from the Torah the full passage that contains the verses of the vidui.^[9]

14. When Terumot and Ma’asrot Must Be Separated and Distributed

Once the produce has been gathered from the field, the owner should not wait until the deadline of bi’ur to separate and distribute the terumot and ma’asrot. Rather, he should separate them immediately and give each portion to its proper recipient, as the Torah commands. As the Sages teach: when a mitzva comes to hand, one should not let the opportunity pass (Mekhilta de-Rabbi Yishmael, Bo 9).

However, until the first pilgrimage festival passes, he has not yet neglected a positive mitzva. Once a festival passes and he has still not given the gifts, he has neglected that mitzva. This first-festival deadline is learned from the Torah’s command that when a person goes up on pilgrimage, he must bring with him the sacred obligations already in his possession – such as vowed offerings, ma’aser sheni, and ma’aser behema. As it says: “You shall come there, and there you shall bring your burnt offerings, your sacrifices, your tithes, and the contribution of your hand” (Devarim 12:5–6). Therefore, one who is exempt from going up on pilgrimage – for example, because he is ill – does not neglect this mitzva by failing to bring his vowed offerings or ma’aser behema on the first festival.

If three pilgrimage festivals pass and he still has not brought or given these obligations, he violates the Torah prohibition against delay, as it says: “When you vow a vow to the Lord your God, do not delay in paying it, for the Lord your God will surely demand it of you, and it will be a sin in you… What comes out of your lips you shall guard…” (Devarim 23:22–24). The Sages explain that once three festivals have passed, he is considered to have delayed fulfilling his obligation. This applies not only to offerings, but also to terumot that must be given to the kohen and to ma’asrot that must be given to the levi and the poor (Rosh Ha-shana 4a; Tosafot, Rosh Ha-shana 4a, s.v. tzedakot and u-ma’asrot; MT, Laws of Sacrificial Procedure 14:13).

In addition, as explained above, section 12, there is a distinct mitzva that applies to terumot and ma’asrot: bi’ur ma’asrot. Its purpose is to complete the fulfillment of the mitzva of separating and distributing terumot and ma’asrot from all the produce of the first three years of the shemita cycle by Pesaḥ of the fourth year, and from all the produce of the fourth, fifth, and sixth years by Pesaḥ of the seventh year.[10]

15. Bikurim

When the Temple stood, there was an additional mitzva of bringing the bikurim – the first fruits – to the kohanim in the Temple. A Jew who owned a field in Eretz Yisrael and grew one of the seven species would mark the first fruit he saw beginning to develop, tie a string around it, and declare, “These are bikurim.” Once the fruit ripened, he would pick it, place it in a beautiful vessel, and bring it up to Jerusalem, as the Torah commands: “When you come into the land that the Lord your God is giving you as an inheritance, possess it, and settle in it, you shall take from the first of all the fruit of the ground that you bring from your land, which the Lord your God gives you. You shall place it in a basket and go to the place that the Lord your God will choose to make His name dwell there. You shall come to the kohen who will be in those days and say to him: I declare today to the Lord your God that I have come to the land that the Lord swore to our fathers to give us” (Devarim 26:1–3).

Once the fruit reached the Temple, the kohen and the owner would wave the bikurim together, as indicated by the verse: “The kohen shall take the basket from your hand and place it before the altar of the Lord your God.” The owner would then recite mikra bikurim, the declaration of the first fruits, recounting the story of Israel: “You shall respond and say before the Lord your God: ‘An Aramean sought to destroy my father. He went down to Egypt and sojourned there, few in number, and there he became a nation, great, mighty, and numerous. The Egyptians mistreated us, afflicted us, and placed hard labor upon us. We cried out to the Lord, the God of our fathers, and the Lord heard our voice and saw our affliction, our toil, and our oppression. The Lord took us out of Egypt with a strong hand, an outstretched arm, great awe, signs, and wonders. He brought us to this place and gave us this land, a land flowing with milk and honey. And now, behold, I have brought the first of the fruit of the ground that You have given me, the Lord’” (Devarim 26:5–10). Afterward, the owner would place the fruit beside the altar, and the kohen would take it and eat it in sanctity.

01. Produce Subject to Terumot and Ma’asrot

According to most Rishonim, only the five grain species, wine, and olive oil — the staples of human life – are subject to terumot and ma’asrot by Torah law, as the Torah states: “The first of your grain, your wine, and your oil” (Devarim 18:4). This is the view of Rashi, Tosafot, R. Shimshon, Rashba, Ran, and Ritva. Grain provides basic food, such as bread and baked grain products; wine gladdens and sustains; and olive oil nourishes and enriches. In the days of King Ḥizkiyahu, the Sages expanded the obligation, requiring terumot and ma’asrot to be separated from other tree fruits, legumes, and vegetables as well.

Others maintain that the Torah obligation extends beyond grain, wine, and oil to include legumes and tree fruits as well. Their view is based on the verses dealing with ma’aser sheni: “All the tithe of the land, from the seed of the land, from the fruit of the tree, is the Lord’s…” (Vayikra 27:30), and, “You shall surely tithe all the produce of your seed that comes forth from the field year by year” (Devarim 14:22). According to this view, although the Torah explicitly mentions only three species, it uses them to teach the broader rule: grain teaches that legumes are included, and grapes and olives teach that tree fruits are included. The Sages then extended the obligation further, requiring separation of terumot and ma’asrot from all vegetables as well (Yerushalmi, Ma’asrot 1:1; MT, Laws of Terumot 2:1, 6; R. Shlomo Sirilio).

All of this applies only to produce that grows from the ground. Foods that come from animals, such as milk and meat, are therefore exempt from terumot and ma’asrot. Although animals themselves are sustained by grass, their meat and milk are not considered produce of the field, but secondary products derived from what grows there. Mushrooms are exempt as well, since they do not grow from the soil. The same is true of plants that people do not normally eat: whether they are used as animal feed, or only to season food and are not eaten on their own, they are exempt, as explained in the next section.^[1]

By Torah law, one must separate terumot and ma’asrot from produce that he picks and gathers for his household’s food, as the Torah states: “You shall surely tithe all the produce of your seed… and you shall eat” (Devarim 14:22–23). The Sages extended the obligation to produce picked for sale as well. This distinction also applies when produce is sold before its final processing is complete. If one buys grapes to make wine, or olives to make oil, and intends the wine or oil for household use, the obligation applies by Torah law. If he intends to make them for sale, the obligation is rabbinic (Bava Metzia 88b; MT, Laws of Ma’aser 2:1–2).

02. Further Details

Any food grown from the ground and normally eaten by people requires terumot and ma’asrot, whether it is eaten in its natural form, crushed, or made into juice. Parts of a fruit that are not normally eaten do not require separation. Thus, inedible peels and seeds are exempt, while edible ones – such as apple peels and watermelon seeds – require terumot and ma’asrot. Grape leaves, even when picked for food, such as to wrap rice and meat, are exempt, since they are not generally considered food.

Spices used only to give food flavor, aroma, or color, and not eaten on their own, do not require terumot and ma’asrot. This includes black pepper, cinnamon, cumin, coffee beans, and tea leaves. Parsley and cilantro, however, are different. Since people commonly mix them into salads, where they remain recognizable, they are considered foods eaten in their own right and require terumot and ma’asrot. Similarly, if one cooks soup with parsley, garlic, or onion, the soup requires separation even if he added them only for flavor and plans to discard them afterward. Since these vegetables are normally eaten on their own, a soup flavored by them is treated as receiving its taste from produce that requires terumot and ma’asrot.^[2]

Plants grown for medicine, fragrance, or decoration are exempt from terumot and ma’asrot. Khat leaves are exempt as well. The same applies to seeds that are not edible in themselves but are grown in order to produce vegetables, such as onion seeds. If one takes seeds and sprouts them, the sprouts do not require separation. Although some are stringent, the primary halakha follows the lenient view.^[3]

Species used as animal feed are exempt from terumot and ma’asrot, even if a person wants to eat them and planted them for that purpose. Their status follows their normal use as animal food. However, species that are sometimes eaten by people and sometimes by animals, such as barley, depend on intent. If one planted and gathered them for human consumption, they require terumot and ma’asrot. If he planted and gathered them for animal feed, they are exempt (see MT, Laws of Terumot 2:2; Ma’adanei Eretz, Laws of Terumot 2:7).^[4]

03. Hefker Produce

Hefker produce – produce that anyone is free to take – is exempt from terumot and ma’asrot. The Torah states: “Then the levi shall come, for he has no portion or inheritance with you” (Devarim 14:29). The Sages infer that terumot and ma’asrot apply only to produce in which the levi has no portion or inheritance. Hefker produce is different: since the levi does have a share in it and may take it like anyone else, no separation is required (Yerushalmi, Terumot 1:3; Yerushalmi, Ma’asrot 1:1). Therefore, hikers who pick wild fruit growing in a place that belongs to no one may eat it, whether in the field or at home, without separating terumot and ma’asrot.

Fruit trees planted decoratively in public gardens owned by a municipality or public association are exempt from terumot and ma’asrot as long as those responsible for the gardens allow anyone to pick fruit without restriction. If this is unclear, those responsible should announce before three people that the fruit is hefker. This removes any doubt and exempts the fruit.

One who wants to declare his own fruit hefker must say before three people: “My fruit is hefker.” The fruit then becomes ownerless, and anyone may acquire it. At least two of those present must be halakhically valid witnesses, so that if the third person acquires the fruit, the other two can testify that he did so lawfully (SA ḤM 273:7). If one declares the fruit ownerless only for the poor but not for the rich, or even for everyone except one person, it is not hefker, and terumot and ma’asrot must be separated from it (Mishna, Pe’a 6:1).

The hefker that exempts produce from ma’asrot applies from the time it reaches onat ha-ma’asrot – the stage at which it becomes edible in pressing circumstances – until it is picked and becomes fixed for ma’asrot (see below, sections 6–7). If one declared his fruit hefker while it was still attached to the trees, but did not declare his field hefker, the fruit is exempt from terumot and ma’asrot (MT, Laws of Ma’aser 1:12). But if he declared the field hefker and not the fruit, the fruit remains subject to terumot and ma’asrot. Similarly, if one plants in an ownerless field, even though the field remains hefker, the produce is his, and terumot and ma’asrot must be separated from it (MT, Laws of Terumot 2:11).

If one declares his produce hefker, even for a single moment, anyone who acquires it during that time is exempt from terumot and ma’asrot. Once another person has acquired the produce, the original owner can no longer retract his declaration. If no one else has acquired it, however, the Sages enacted that during the first three days the owner may undo the hefker, either by retracting his declaration or by reacquiring the produce through lifting it. In either case, terumot and ma’asrot must once again be separated from the produce. Only if the produce remained hefker for three days, and the owner reacquired it afterward, is he exempt from separating terumot and ma’asrot.

This enactment was designed to prevent abuse: people might otherwise declare their produce hefker for a brief moment and immediately reclaim it, with no real intention of relinquishing ownership, solely to avoid the obligation of terumot and ma’asrot.^[5]

04. Neta Reva’i, Shevi’it, and Gifts to the Poor

Some produce is exempt from terumot and ma’asrot because it already belongs to a different halakhic category. This is the case with neta reva’i, seventh-year produce, and the gifts that must be left for the poor.

The fruit of neta reva’i is exempt from terumot and ma’asrot. During a tree’s first three years, its fruit is forbidden as orla. In the fourth year, the fruit becomes neta reva’i: it is sacred, and there is a mitzva to eat it in purity in Jerusalem (see above, 2:9). Since the fruit is already consecrated for this mitzva, one does not leave leket, shikḥa, or pe’a from it for the poor, and one does not separate terumot and ma’asrot from it (MT, Laws of Ma’aser Sheni and Neta Reva’i 9:4).

If there is doubt whether fruit is neta reva’i or fifth-year fruit, one separates terumot and ma’asrot without a berakha. However, one need not give ma’aser rishon to a levi or ma’aser ani to a poor person. Since these gifts are monetary obligations, they are treated like all doubtful monetary claims: without clear proof that one truly owes the payment, one is not required to pay (MT, Laws of Ma’aser 13:20–21).

Produce that grows during the seventh year is hefker and is therefore exempt from terumot and ma’asrot.^[6]

Similarly, produce that must be left for the poor — leket, shikḥa, pe’a, peret, and olelot — is exempt from terumot and ma’asrot^[7]

05. Onat Ha-ma’asrot and Calculating the Years

The mitzva of separating terumot and ma’asrot applies only after the produce has completed its processing and become fixed for ma’asrot (see below, sections 6–7). The produce’s tithing year, however, is determined earlier, at the stage called onat ha-ma’asrot. This is when the produce has developed beyond its unripe stage and can be eaten in pressing circumstances. For grain and legumes, this is called “having reached one-third,” meaning that they have reached one-third of their ripening. For tree fruit, it is the stage of ḥanata. One sign that produce has reached onat ha-ma’asrot is that from this point onward, if the grain, legumes, or seeds of the fruit were planted, they would grow.^[8]

Onat ha-ma’asrot determines the tithing year for tree fruits, grain, and legumes, but not vegetables. Produce that reached onat ha-ma’asrot before its Rosh Ha-shana belongs to the previous year. Produce that reached onat ha-ma’asrot after its Rosh Ha-shana belongs to the following year. Two fundamental laws depend on this.

First, one must separate terumot and ma’asrot from produce of the same year, as it states: “You shall surely tithe all the produce of your seed that comes forth from the field year by year” (Devarim 14:22). The Sifrei explains: “This teaches that one may not tithe from one year for another.” If one nevertheless separated from produce of one year for produce of another year, his act is void (Mishna, Terumot 1:5; MT, Laws of Terumot 5:11).

Second, onat ha-ma’asrot determines whether the produce belongs to a ma’aser sheni year or a ma’aser ani year. Ma’aser sheni is separated in years one, two, four, and five of the shemita cycle, while ma’aser ani is separated in years three and six.

For grain and legumes, Rosh Ha-shana is the first of Tishrei. Anything that reached onat ha-ma’asrot before the first of Tishrei belongs to the previous year, while anything that reached that stage afterward belongs to the following year.

Tree fruit follows a different calendar. Its Rosh Ha-shana is Tu Bi-Shvat, four and a half months after the first of Tishrei. Fruit that reaches ḥanata before Tu Bi-Shvat, such as citrus fruit, is understood to have grown from the rains of the previous year and therefore belongs to that year. Most fruit, however, reaches ḥanata after Tu Bi-Shvat and belongs to the new year, since it grew from that year’s rains.

The seventh year is an exception. For shevi’it, the year for tree fruit begins on the first of Tishrei rather than Tu Bi-Shvat. Therefore, any fruit that reaches ḥanata between the first of Tishrei and Tu Bi-Shvat of the seventh year has shevi’it status: it is hefker and exempt from terumot and ma’asrot. Fruit that reaches ḥanata during that same period in the year after shevi’it has the status of first-year produce (Pe’at ha-Shulḥan 22:14; Peninei Halakha: Shevi’it 3, note 6).

Vegetables follow a different rule because their growth cycle is different from that of grain, legumes, and tree fruit. They grow through irrigation and can therefore be grown throughout the year. In addition, vegetables in the same field do not all ripen at once. If their year were determined by the point at which each vegetable became fit to eat in pressing circumstances, one field could contain vegetables from two different years, with no clear way to distinguish them. The Sages therefore established a simpler rule: the tithing year for vegetables is determined by the time they are picked. Their Rosh Ha-shana, like that of grain and legumes, is the first of Tishrei, but their onat ha-ma’asrot is picking, not the stage of “having reached one-third.” The same rule applies to rice, millet, and sesame (Rosh Ha-shana 14a).

An etrog has a more nuanced status. Like vegetables, it grows “on all water”: when irrigated, it can continue growing beyond its natural season. Its tithing year is therefore determined by the time it is picked. At the same time, since it grows on a tree, its Rosh Ha-shana is Tu Bi-Shvat. Other citrus fruits follow the ordinary rule for trees. Since they have a fixed season of growth and harvest, their year is determined by ḥanata.^[9]

06. Gmar Melakha

Even after produce has reached onat ha-ma’asrot and been picked, terumot and ma’asrot should not yet be separated until the produce reaches gmar melakha – the point at which its processing is complete. Before then, the produce has not yet reached its optimal finished state. In addition, only after gmar melakha can one properly calculate what must be separated as ma’asrot.^[10]

Gmar melakha is the completion of gathering the produce from the field and preparing it to be brought home or sold. The exact point depends on the type of produce and its intended use. Produce that is normally cleaned in the field reaches gmar melakha once it has been cleaned and fully gathered. Grapes intended for wine and olives intended for oil reach gmar melakha only once the wine or oil has been prepared. Grapes intended to be eaten fresh reach gmar melakha once they have been gathered; if they are intended as raisins, once they have become raisins. Olives intended for pickling reach gmar melakha once the pickling is complete. For wheat, gmar melakha is miruaḥ. This means that the stalks have been threshed to separate the kernels, the grain has been winnowed to remove the chaff, the remaining waste has been cleared away, and the kernels have been properly set in place.

Although it is forbidden to separate terumot and ma’asrot before gmar melakha, if one did so after the fact, he has fulfilled his obligation. Sometimes, however, it is unclear when gmar melakha occurs. For example, fruit may be gathered into crates in the field and then taken to a packing house, where it is cleaned, sorted, and packaged for market. Ideally, one should avoid the uncertainty and wait until the packaging is complete. However, if there is a need to separate earlier – because people may forget to separate later, because the packaging may make separation difficult, or because workers may take some of the fruit home before separation – it is proper to separate terumot and ma’asrot after the first stage of gathering has been completed.^[11]

07. When Produce Becomes Fixed for Ma’aser

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]

08. Fruit Growing in a Courtyard

Fruit growing in a guarded courtyard, where outsiders may not enter, may be eaten casually, as akhilat arai, only before it has been gathered, since gathering is its gmar melakha. Therefore, one may pick and eat a single grape or a single fig, because each is eaten in one bite and does not count as a completed act of gathering.

However, if one picks two grapes, two figs, or a larger fruit that is not eaten in one bite, such as an apple or a large fig, the picking itself is considered the fruit’s gathering and completes its gmar melakha. In a courtyard, this is the normal way fruit is gathered. Once its gmar melakha is complete, the guarded courtyard fixes it for ma’asrot. Therefore, even casual eating is forbidden until terumot and ma’asrot are separated (MT, Laws of Ma’aser 4:15, 17; Radvaz to MT, Laws of Ma’aser 4:18).

If one climbs a tree in a guarded courtyard and picks a quantity of fruit whose gathering would normally complete its gmar melakha, the fruit nevertheless does not become fixed for ma’asrot while he remains on the tree. Only when he descends to the courtyard floor does the guarded courtyard fix it for ma’asrot. Since eating on the tree is still akhilat arai, he may eat from the fruit there without separating terumot and ma’asrot (MT, Laws of Ma’aser 4:18).

09. Where the Obligation Applies in Eretz Yisrael

The mitzva of terumot and ma’asrot is one of the mitzvot dependent on the Land. Therefore, anything that grows within the territories of Eretz Yisrael is included in the mitzva, including the east side of the Jordan and Syria. However, the level of obligation depends on the presence of the Jewish people in the Land. When most of the Jewish people live in Eretz Yisrael, the obligation applies by Torah law. When most of the people do not live in the Land, as is the case today, the obligation is rabbinic. Some maintain that in the areas settled by those who returned from Babylonia during the Second Temple period, the obligation remains by Torah law even when most of the Jewish people are not living in the Land (see below, 12:11–12; Peninei Halakha: Shevi’it and Yovel 11:4, where this is explained).

Produce grown anywhere under the rule of the State of Israel requires terumot and ma’asrot, and one recites a berakha when separating from it. One may also separate from produce grown in one part of the State of Israel on behalf of produce grown in another part.

However, one should not separate from produce grown in parts of Eretz Yisrael that are under foreign rule – such as Jordan, Syria, Lebanon, and Egypt – on behalf of produce grown within the State of Israel, or the reverse. Some maintain that in areas under Israeli rule the mitzva has a basis in Torah law, while outside the state’s borders its obligation is rabbinic. When most of the Jewish people live in the Land, the obligation will be by Torah law in all territories under Israeli rule, as explained at length below, 12:17.

When produce crosses between Eretz Yisrael and the Diaspora, the basic rule depends on where its gmar melakha is completed.

Produce grown in Eretz Yisrael and exported to the Diaspora requires separation of terumot and ma’asrot if its gmar melakha was completed before it left the Land. If its gmar melakha was completed only after it left Eretz Yisrael, it is exempt.

There is one additional debate regarding exported produce. If, already at the time of picking, the owner intended to export the produce, some exempt it from terumot and ma’asrot even if its gmar melakha was later completed in Eretz Yisrael (Maharsham). Others are stringent (Ḥazon Ish; Igrot Moshe). Since the obligation in this case is rabbinic, those who wish to be lenient may do so.^[13]

Produce grown in the Diaspora and brought into Eretz Yisrael follows the same basic principle. If its gmar melakha was completed before it entered the Land, it is exempt. If its gmar melakha was completed in Eretz Yisrael, terumot and ma’asrot must be separated by rabbinic law (MT, Laws of Terumot 1:22).

Several Aḥaronim limit this last ruling to produce grown in a Jewish-owned field in the Diaspora. Produce grown there in a non-Jewish-owned field remains exempt, even if its gmar melakha was completed in Eretz Yisrael (Aḥiezer; R. Shlomo Zalman Auerbach). Although Ḥazon Ish is stringent, the lenient view appears correct. Since the obligation is rabbinic, the halakha follows those who are lenient.^[14]

10. Produce Grown by a Non-Jew

Produce grown by a non-Jew in Eretz Yisrael is governed by two principles. First, even when a non-Jew owns land in Eretz Yisrael, the land retains its status regarding the land-dependent mitzvot. Second, the obligation of terumot and ma’asrot takes effect only at gmar melakha, when the produce’s processing is completed.

Therefore, if a non-Jew owns land in Eretz Yisrael, grows produce there, picks it, and completes its gathering, the produce is exempt from terumot and ma’asrot (Bekhorot 11b; MT, Laws of Terumot 1:11). But if he sells the produce to a Jew before gmar melakha, and the Jew completes the gathering, terumot and ma’asrot must be separated from it. Although the produce grew in a non-Jew’s field, it reached the stage of obligation while in Jewish possession.

As explained in the note, this obligation concerns separation. The actual giving of ma’aser rishon to a levi and ma’aser ani to a poor person depends on how much of the produce grew while in Jewish possession.^[15]

In cases involving workers, the key question is who completed the produce’s gmar melakha. If non-Jewish workers picked produce from a Jewish-owned field and completed its gathering, one must separate terumot and ma’asrot, but the obligation is rabbinic. If Jewish workers picked produce from a non-Jewish-owned field and completed its gathering, most authorities likewise require one to separate terumot and ma’asrot. Since some authorities exempt such produce, however, one separates without a berakha. ^[16]

11. Additional Laws Involving Non-Jews

If a Jew sells his produce to a non-Jew before gmar melakha, then by Torah law the produce is exempt from terumot and ma’asrot, since the stage that creates the obligation will be completed while it is in the non-Jew’s possession. The Sages, however, enacted that separation is still required. They did so because of ba’alei kisim – wealthy people who might try to avoid giving terumot and ma’asrot by selling their produce to a non-Jew before gmar melakha. To prevent this, the Sages established that even if the non-Jew completes the gathering, terumot and ma’asrot must still be separated. The produce is exempt only if the Jew sells it to the non-Jew while it is still on the trees, before it reaches onat ha-ma’asrot – that is, before it is fit to be eaten in pressing circumstances – and it remains in the non-Jew’s possession until after gmar melakha. In that case, it is exempt from terumot and ma’asrot (Menaḥot 67a; Rashi and R. Shimshon to Menaḥot 67a; MT, Laws of Terumot 1:13; Radvaz).

If a Jew and a non-Jew are partners in a field, terumot and ma’asrot must be separated from the produce. To avoid uncertainty over which produce belongs to the Jew’s share, which requires separation, and which belongs to the non-Jew’s exempt share, they should ideally divide the field in advance. The non-Jew’s portion will then be exempt, while the Jew’s portion will require separation. If they did not divide the field in advance, they should divide the harvested produce between them, and the Jew should separate terumot and ma’asrot from his share (SA YD 331:11; see the Herḥavot).

A non-Jew is not obligated to separate terumot and ma’asrot from produce that grew in his own field in Eretz Yisrael, and he cannot separate terumot and ma’asrot on behalf of a Jew. However, if he wishes, he may voluntarily separate from his own produce, and his separation takes effect (Mishna, Terumot 3:9; Yerushalmi, Terumot 3:5). Some maintain that this is a rabbinic enactment (MT, Laws of Terumot 4:15; SA YD 331:44). Others maintain that it is Torah law: just as a non-Jew can consecrate an offering, so too he can separate terumot and ma’asrot from produce he grew in Eretz Yisrael (Rashi and Tosafot; see Har Tzvi, OḤ 2:2).

12. Places That Are Not Fields

By Torah law, terumot and ma’asrot apply only to produce grown in the ground. Produce grown in a perforated pot is also considered ground-grown. Produce grown in an unperforated pot, or on growing surfaces that separate it from the ground, is exempt by Torah law. The Sages, however, required separation from such produce with a berakha (Yoma 83b).

Produce grown inside a house is exempt from terumot and ma’asrot, even if it is planted directly in the ground beneath the house, according to Raavad. Rambam agrees that it is exempt by Torah law, but maintains that the Sages required separation rabbinically. Therefore, one separates terumot and ma’asrot from indoor produce without a berakha (MT, Laws of Ma’aser 1:10).

One must separate terumot and ma’asrot from produce grown in greenhouses with a berakha, and one gives ma’aser rishon to a levi and ma’aser ani to a poor person.^[17]