web analytics
January 26, 2015 / 6 Shevat, 5775
 
At a Glance
Judaism
Sponsored Post


Fruit Of The Land


Choshen-Mishpat-logo

“This week is Tu B’Shevat,” announced Rabbi Dayan. “We celebrate the ‘New Year’ of trees with produce of Eretz Yisrael. However, the Israeli Rabbinate does not take full responsibility for Terumos and Ma’asros to export produce. So, unless the produce is marked as tithed, it is proper to take Terumos and Ma’asros yourself.”
“But I thought that only applies in Israel,” commented Mr. Greenberg.
Rabbi Dayan answered, “Fruit grown in Israel is obligated in tithes even when eaten in America.”
Mr. Greenberg checked his fruit store for Israeli produce, and found Jaffa oranges, Israeli pomegranates and many more fruits and vegetables. He bought a bag of each and wondered, “What do I do now?” he wondered.
 Mr. Greenberg invited his knowledgeable neighbor, Mr. Weiss, to advise him.
“Tithing involves four steps,” explained Mr. Weiss. “First, cut off somewhat more than one percent of the produce. Second, designate a coin to redeem the Ma’aser Sheni. Take a quarter, since that allows you to redeem a few times.”
             Mr. Greenberg cut off a small piece of each type of produce and got a quarter. “Now what?”
“Third,” continued Mr. Levy, “recite the Terumos and Ma’asros text whereby you declare the various tithes, in a language you understand. Fourth, double wrap the 1+ percent that you cut and dispose of it, and destroy or discard the coin after a few uses.”
Mr. Greenberg recited the text, disposed of the fruit, which had been cut off, put away the quarter safely for additional redemptions, and thanked Mr. Weiss.
            “My pleasure,” smiled Mr. Weiss. “But I’ll take an orange, half a pomegranate,” and named some more of the produce. “Please hand them over.”
“Huh?” Mr. Greenberg looked at him blankly.
“You know I’m a Levi,” explained Mr. Weiss. “One of the tithes you just declared was Ma’aser Rishon given to the Levi. So I’d like 10 percent of each type “
            “Can you really collect 10 percent from everyone?” asked Mr. Greenberg.
“Why not?” retorted Mr. Weiss. “You declared Ma’aser Rishon and I’m a Levi, so you owe it to me or some other Levi.”
“Let’s check with Rabbi Dayan,” insisted Mr. Greenberg.”
 Mr. Greenberg, together with Mr. Weiss, called Rabbi Dayan. “Your question,” said Rabbi Dayan, “touches on the basics of Terumos and Ma’asros.
“The mitzvah of Terumos and Ma’asros has two parts. The first is to designate and declare Terumos and Ma’asros. Even nowadays we must do this and only after declaring tithes is the remaining fruit kosher.”
“The second part is to give the tithes to the relevant parties, the Kohen and the Levi.  The 1+ percent is the Kohen’s, but it must be eaten in purity. This is not possible nowadays, so we dispose of it respectfully.”
            “What about my 10 percent?” demanded Mr. Weiss.
“The Levi’s portion can be eaten nowadays. However, this brings us to the most fundamental principle of monetary law,” answered Rabbi Dayan. “That is: ‘One who demands of his friend has the burden of the proof.’ A person can demand money only if he can prove that he is definitely entitled to it.
“There is an element of doubt here. Tithes may have been taken by the Rabbinate, in which case the ‘tithing’ was superfluous. Mr. Greenberg declared Terumos and Ma’asros out of doubt, to make sure that the fruit would be kosher. However, when you demand that he hand over to you the 10 percent Levi portion, that’s a different story! This is now a monetary issue.

             “Demanding that Mr. Greenberg give you an orange places the burden of proof on you that Terumos and Ma’asros were not taken and that his tithing was meaningful. Otherwise, Mr. Greenberg can say, ‘Prove that I owe you this orange. Maybe it isn’t really Ma’aser.’ Furthermore, you have no proof of your lineage as a Levi, other than your own statement. Since no Levi can prove that he is definitely entitled to that orange of Ma’aser Rishon, Mr. Greenberg can retain possession of it and eat it.”

 

    Rabbi Meir Orlian is a Halacha writer for Machon L’Choshen Mishpat, headed by HaRav Chaim Kohn. For more information visit www.machonmishpat.com.

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Fruit Of The Land”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Ari Ne'eman, founder of Autistic Self-Advocacy Network, recipient of the Ruderman Award for Inclusion, 2015.
Founder of Autism Self-Advocacy Org. Wins Ruderman Prize in Inclusion
Latest Judaism Stories
Tissot_The_Waters_Are_Divided

Leading by example must be visible, regarding where, when and how-like Nachshon entering the Red Sea

Torah-Hakehillah-121914

Rabbi Yaakov Nagen, a Ram at Yeshivat Otniel, notes that the verse is suggesting that retelling the story of the Exodus is so important that Hashem is performing ever-greater miracles specifically so that parents can tell their stories to future generations.

Parshat Bo

Before performing the 10th plague God makes a fundamental argument about the ultimate nature of justice.

Daf-Yomi-logo

Life Before The Printed Word
‘A Revi’is Of Blood’
(Yevamos 114a-b)

How is it possible that the clothing was more valuable to them than gold or silver?

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

“It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty,” explained Rabbi Dayan.

Property ownership is an extremely important and fundamental right and principle according to the Torah.

The tenderest description of the husband/wife relationship is “re’im v’ahuvim/loving, kind friends”

And if a person can take steps to perform the mitzvah, he should do so (even if he won’t be held accountable for not performing it due to circumstances beyond his control).

Suddenly, she turns to me and says, “B’emet, I need to thank you, you made me excited to come back to Israel.”

Pesach is called “zikaron,” a Biblical term used describing an object eliciting a certain memory

Recouping $ and assets from Germans and Swiss for their Holocaust actions is rooted in the Exodus

Pharaoh perverted symbols of life (the Nile and midwives) into agents of death.

I think that we have to follow the approach of the Tannaim and Amoraim. They followed the latest scientific developments of their time.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty,” explained Rabbi Dayan.

Business-Halacha-logo

“The issue is not just logistical,” replied Mr. Kahn. “I thought that halacha requires that the beginning of the adjudication and acceptance of testimony be during daytime.” (C.M. 5:2; 28:24)

A few days, Mrs. Feldman called back. “I would prefer a nice cake rather than the chocolate.”

He sent out a memo to the tenants: “In light of the recent burglaries, we’ve decided to implement additional security measures, including hiring a doorman for the weekends.”

“I’m still not sure we have a right to damage his property,” said Mrs. Schloss. “Can you ask someone?”

He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.

“I do not owe anything,” Mr. Feder replied. “However, if I must come – I will.”

Mr. Weiss refused to listen and sued Mr. Cohen in civil court.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/fruit-of-the-land/2010/01/27/

Scan this QR code to visit this page online: