web analytics
August 2, 2015 / 17 Av, 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.

Current Top Story
Jewish and Muslim bless a crowd of hundreds at a special prayer rally at Gush Etzion junction.
Jews, Arabs Unite to Underline Co-existence in Gush Etzion
Latest Judaism Stories
Torat-Hakehillah-logo-NEW

By internalizing the Exodus, it is as if we ourselves were redeemed from Egypt.

Neihaus-073115

Each Shabbos we add the tefilla of “Ritzei” to Birchas HaMazon. In it we ask Hashem that on this day of Shabbos He should be pleased with us and save us. What exactly do we want to be saved from? Before we answer this question, let’s talk about this Friday, the 15th of Av. Many […]

Rabbi Lord Jonathan Sacks

Amongst the greatest disagreements in Judaism is the understanding of the 1st of the 10 Commandments

Daf-Yomi-logo

The Day He Heard
‘One May Seek Revocation Of A Confimation’
(Nedarim 69a)

The director picked up the phone to Rabbi Dayan. “One of our counselors lost his check,” he said. “Do we have to issue a new one or is it his loss?”

Six events occurred on Tu B’Av, the 15th of Av, making it a festive day in the Jewish calendar.

Why would Moshe Rabbeinu have thought that the vow that disallowed him to enter Eretz Yisrael was annulled simply because he was allowed to conquer and enter the land of Sichon and Og?

Question: When a stranger approaches a congregant in shul asking for tzedakah, should the congregant verify that the person’s need is genuine? Furthermore, what constitutes tzedakah? Is a donation to a synagogue, yeshiva, or hospital considered tzedakah?

Zvi Kirschner
(Via E-Mail)

Snow in Jerusalem! For many New Englanders like me, snow pulls at our nostalgic heartstrings like nothing else can.

Man has conflicting wishes and desires. Man has forces pulling him in competing directions.

Perhaps the admonition here is that we should not trivialize the events of the past by saying that they are irrelevant to the modern Jew.

One must view the settlement of Israel in a positive light. Thinking otherwise is a grievous sin.

Reaching a stronger understanding of what Moses actually did to prevent him from entering the land

Anti-Zionism, today’s anti-Semitism, has gone viral, tragically supported globally & by many Jews

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

The director picked up the phone to Rabbi Dayan. “One of our counselors lost his check,” he said. “Do we have to issue a new one or is it his loss?”

Business-Halacha-NEW

The two decided to approach Rabbi Dayan. “What is the halachic status of conquered territory?” asked Shalom.

“Does that mean a person can simply renege after payment was made?” asked Benjy incredulously.

“But I’m already dwelling in the apartment,” said Mr. Gold. “Shouldn’t that count? I’m no worse than a neighbor!”

“Is there a difference between rescuing and other services?” asked Ploni.

“What difference does that make?” replied Shraga. “What counts is the agreement that we made. I said two hundred fifty and you accepted.”

“Is the invoice signed by the students?” asked the principal. “They said they didn’t get the pizza.”

“The answer depends on the terms of the purchase agreement and local customs,” replied Rabbi Dayan.

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: