Question:When I harvest esrogim from my orchard how do I know if they need to have ma’aser sheni or ma’aser oni taken from them? Introduction: During the first six years of the seven-year shemittah cycle produce that grows in Eretz Yisroel is subject to terumos and ma’asros. Produce of the seventh year (shemittah) is hefker and thus not subject to terumos and ma’asros. During the first six years terumoh gedolah and ma’aser rishon need to be separated from all produce, as well as one additional ma’aser: In the first, second, fourth and fifth years ma’aser sheni is separated, in the third and sixth years ma’aser oni is separated (Shulchan Aruch Yoreh De’ah Siman 331 Se’if 19). There is also an essential requirement that prevents terumos and ma’asros from being separated from the produce of one year in order to exempt the produce of another year (Shulchan Aruch ibid Se’if 57). If one separated terumos and ma’asros from the produce of one year in order to exempt the produce of another year, the terumos and ma’asros have no Halachic validity and need to be separated again (ibid). We therefore need to know how to classify different categories of produce as “belonging” to different years, to determine firstly which additional ma’aser needs to be separated from the produce (i.e. ma’aser sheni or ma’aser oni). And secondly, even regarding terumah or ma’aser rishon that needs to be separated from the produce of every year, it is imperative to know to which year the produce “belongs”, in order to ensure that one does not come to take terumos and ma’asros from the produce of one year to exempt the produce of another year. Discussion: For each item of produce we need to determine two factors: at which developmental stage is the produce considered as having grown in a particular year (onas hama’asros), and when is the cut-off point that divides between two years. Regarding the first factor, we find different developmental stages for different types of produce (onas hama’asros) that determine at which stage each type of produce can be considered as having grown in a particular year: Regarding the second factor, at which date is the cut-off point that divides different years regarding terumos and ma’asros, the Mishna (Rosh Hashanna 2a) and Gemoro (ibid 12a) tell us that the first of Tishrei (Rosh Hashannah) is the dividing line for grains and vegetables, and the fifteenth of Shevat (Tu Bishvat) is the dividing line for all fruit. This is ruled in Shulchan Aruch (ibid Se’if 57). The reason that an esrog is unique among the fruits in that the time that it is picked determines to which year it belongs (like vegetables, and unlike other fruits where the chanoto stage determines to which year it belongs) is because one of the properties of an esrog is that it continues to draw in water and grow until it is picked, in a similar way to vegetables (Gemoro Kiddushin 3a). Conclusion: During the first six years terumoh gedolah and ma’aser rishon need to be separated from all produce, as well as one additional ma’aser: In the first, second, fourth and fifth years ma’aser sheni is separated, in the third and sixth years ma’aser oni is separated. The cut-off point for all fruit that determines to which year the fruit “belongs” is Tu Bishvat. For standard fruits if the fruit reached the stage of chanoto before Tu Bishvat it will be classified as fruit of the previous year regarding ma’asros. Esrogim have a different status in that the time when they are harvested (not chanoto) determines to which year they “belong”. I.e. esrogim harvested before Tu Bishvat during the third year of the shemittah cycle require ma’aser sheni (as per fruit of the second year of the shemittah cycle) whereas esrogim harvested after Tu Bishvat during the third year of the shemittah cycle require ma’aser oni (as per produce of the third year). Additionally, even if the ma’asros for both years are identical (e.g. Tu Bishvat of the second year of the shemittah cycle where both the previous and current year require ma’aser sheni) one cannot separate terumos and ma’asros from produce of one year to exempt produce of another year. |
Ma’asros
Leave a Reply