Q) Does the mitzvoh of zero’ah, l’choyayim and keivoh apply nowadays?
A) There is a mitzvoh min haTorah to give the zero’ah, l’choyayim and keivoh of a cow or sheep that is shechted to a Kohen. Unlike other matnos Kehuna such as teruma and challah, zero’ah l’choyayim and keivoh are chullin (i.e. contain no intrinsic kedusha) and although they belong to Kohanim, they may be eaten by non-Kohanim (with permission of the Kohen).
The Shulchan Aruch (YD 61:21) quotes two opinions regarding zero’ah, l’choyayim and keivoh in chutz lo’oretz: the first opinion maintains that the mitzvoh of zero’ah, l’choyayim and keivoh is applicable both in Eretz Yisroel and in chutz lo’oretz. The second opinion maintains that that the mitzvoh of zero’ah, l’choyayim and keivoh does not apply in chutz lo’oretz. The Shulchan Aruch concludes that the custom is in line with the second opinion [i.e. that the mitzvoh of zero’ah, l’choyayim and keivoh does not apply in chutz lo’oretz].
The Vilna Gaon in Bi’ur Hagro appears to rule in line with the first opinion [that the mitzvoh of zero’ah, l’choyayim and keivoh does apply in chutz lo’retz]. We also find in Ma’ase Rav [a compilation of practices of the Vilna Gaon] Item 103 that the Vilna Gaon himself gave zero’ah, l’choyayim and keivoh to a Kohen [in chutz lo’retz].
In practice, nowadays the mitzvoh of zero’ah, l’choyayim and keivoh is often avoided:
• The Shulchan Aruch rules (YD 61:25-26) that partial ownership of a Kohen in the animal renders the entire animal exempt from matnos Kehunoh. The share of the Kohen in the animal must be in the entire animal to exempt it from all matnos Kehunoh; but the share can be a minimal fraction of the entire animal.
Based on this, many who wish to avoid giving zero’ah, l’choyayim and keivoh from each animal that is shechted transfer ownership of a share in the animals to a Kohen before shechitah.
• If an animal is owned, or even partially owned by a non-Jew, the animal is exempt from matnos Kehunoh (similar to ownership of a Kohen as previously discussed). The Remo adds (Se’if 25) that if the arrangement is that if the animal is found to be treifoh it will remain in the possession of the non-Jew and if the animal is found to be kosher it will be purchased by the Jew – it is exempt from matnos Kehunoh. In many shechito establishments this is the arrangement – that all animals belong to non-Jews and only animals that have been shechted and approved for not containing treifos are subsequently purchased by Jews. Therefore, all the animals, even the ones subsequently purchased by the Jews are exempt from matnos Kehunoh.