Maaser - Chapter 2

A person is not obligated to tithe his produce by Scriptural Law unless he completes [the work associated with its preparation1 with the intent of] partaking of it himself.2 If, however, he completes those tasks with the intent of selling it, he is exempt according to Scriptural Law.3 He is, however, obligated by Rabbinic decree.4 [This is derived from Deuteronomy 14:22:] "And you shall certainly tithe... and you shall partake...." One is obligated only when he completes the tasks with the intent of partaking.

Similarly, one who purchases such produce is exempt according to Scriptural Law, [for ibid. states]: "the produce of your crops."5 He is, however, obligated according to Rabbinic Law.

When does the above apply? When he purchased it after the work necessary to prepare it was completed while it was in the possession of the seller. If, however, these tasks were completed while it was in the possession of the purchaser, he is obligated to tithe according to Scriptural Law.6

Produce which is not fit to be eaten because it is too small, e.g., unripened produce7 and the like, is not required to be tithed8 until it grows and becomes food, as [implied by Leviticus 27:30 which states that we must tithe:] "From the crops of the earth, from the fruit of the trees," i.e., [there is no requirement to tithe the crops] until they grow and become fruit. Similar concepts apply with regard to grain and legumes, as [implied by Deuteronomy 14:22:] "the produce of your crops," i.e., [there is no obligation] until it becomes produce.

This refers to the "phase of tithing."9 Before grain and fruit reach this phase, one is permitted to eat as much as one wants from them,10 in any manner he desires.11

Produce that is fit to be eaten when it is small, e.g., zucchini or cucumbers, but is left [to grow] only in order to increase its bulk, is required to be tithed while it is small, [for] they are fit to be eaten at the outset. As soon as they emerge, they are considered to have reached the "phase of tithing."

When is "the phase of tithing"? When the produce will reach a stage that it produces seed [that could] grow, each species according to its nature.12

What is implied? For figs, it is when they become soft enough to be fit to be eaten within 24 hours after they have been harvested.13 For grapes and biushim, i.e., thin wild grapes, it is when their seeds can be seen from the outside.14 For pomegranates, it is when their seed15 will be crushed easily between one's fingers and produce liquid. For dates, it is when they swell like yeast.

For peaches, it is when red strands appear within them.16 For nuts, it is when the fruit becomes distinct from its outer shell. For sweet almonds, it is when their external shell becomes distinct. Bitter [almonds] are always exempt.17 For other fruits with shells, e.g., acorns, chestnuts, and pistachios, it is when the lower shell that is next to the fruit forms.

For olives, when they produce one ninth of the amount of oil that they will produce when they are entirely ripe;18 this is one third of their growth. For apples and esrogim, it is when they become round,19 for they are fit to be eaten when they are small. For berries and sumac, it is when they become red. Similarly, for every fruit that becomes red, it is when it becomes red.

For carobs, it is when black spots begin to appear. Similarly, for any fruit that becomes black, it is when spots begin to appear. For pears, small pears,20 quince, and thorn apples,21 it is when their hairs begin to fall off.22 Similarly, for any fruit that becomes light-colored, it is when white lines appear.

For grain, it is when it reaches a third of its growth. For chilba, it is when its seed is fit to grow if it would be planted. With regard to vegetables, we are required [to tithe] zucchini, squash, watermelon, cucumbers and the like when they are small, as we explained.23 Other vegetables which are not fit to be eaten until they grow large and are not required [to be tithed] until they are fit to be eaten.

When even one grape on a cluster has reached the stage when it must be tithed, because of their connection, the entire [cluster is required to be] tithed.24 It is as if the entire cluster reached that stage of development. [Indeed,] not only that cluster, but the entire side of the vine on which that cluster grew [is considered to have reached the stage when the tithes must be separated]. Similarly, when even one seed of a pomegranate reaches the appropriate stage, the entire [side of the tree]25 is considered as connected to it.

After produce has reached the "phase of tithing," a person should not sell it to someone who is not trusted with regard to tithes.26 If [a portion of] the produce ripened,27 he should remove that [portion] which ripened. It is then permitted to sell the remainder that has not reached the "phase of tithing."28

Similarly, a person should not sell olive dregs and grape dregs to someone who is not trusted with regard to tithes to extract [oil or wine] from them,29 for the liquids extracted from these dregs must be tithed. Nor should he sell straw so that grain can be picked from it to someone who is not trusted, for the grain picked from the straw must be tithed.

[The following laws apply when a person] mixed water with wine dregs and filtered the mixture. If he mixed in three measures of water and received four measures, [the mixture is considered wine] and he must separate tithes for this extra measure from another source.30 He does not have to separate terumah, for when one separates terumah, he has the intent to separate terumah for the entire amount, as stated above with regard to terumah.31 If he received less than four measures, he is exempt, even if he received more than he mixed in and even if the mixture has the flavor of wine.32

When a person consecrated his produce when it was attached to the ground, before they reached the "phase of tithing," and then redeemed them, and after he redeemed them, it reached that stage of development, he is obligated to tithe them.33 If the produce reached the "phase of tithing" while it was in the domain of the Temple treasurer and he redeemed it afterwards, he is exempt.34