Maaser Sheini - Chapter 1

Introduction to Hilchos Maaser Sheini

They contain nine mitzvot: three positive commandments and six negative commandments. They are:

1) To separate the second tithe;
2) Not to use the proceeds [from its redemption] for any other human needs aside from eating, drinking, or anointing oneself;
3) Not to partake [of the second tithe] in a state of ritual impurity;
4) Not to partake [of the second tithe] while in mourning;
5) Not to partake of the second tithe of grain while outside Jerusalem;
6) Not to partake of the second tithe of wine while outside Jerusalem;
7) Not to partake of the second tithe of olive oil while outside Jerusalem;
8) For the entire crop of the fourth year to be consecrated; the requirement is that it must be eaten in Jerusalem by its owners according to all the particulars that apply to the second tithe;
9) To make the declaration associated with the giving of the tithes.

These mitzvot are explained in the ensuing chapters.

After1 separating the first tithe every year, we separate the second tithe,2as [Deuteronomy 14:22] states: "You shall certainly tithe the produce of your crops."3 In the third and sixth years [of the seven year agricultural cycle], we separate the tithe for the poor instead of the second tithe, as we explained.4

The first of Tishrei is the beginning of the year with regard to the reckoning of the tithes5 for grain, legumes,6 and vegetables. Whenever the term Rosh HaShanah is used [with regard to crops], the intent is the first of Tishrei. The fifteenth of Shvat is the beginning of the year with regard to reckoning the tithes for fruit-trees.

What is implied? If grain or legumes7 reach "the phase of tithing"8 before Rosh HaShanah of the third year,9 the second tithe should be separated from them even though they became fully developed and were gathered in the third year. If, however, they did not reach "the phase of tithing" until after Rosh HaShanah of the third year,10 the tithe for the poor should be separated from them. Similarly, if fruit from trees reaches "the phase of tithing" before the fifteenth of Shvat in the third year, it should be tithed according to the previous year and the second tithe should be separated from it even though it became fully developed and was gathered at the end of the third year. Similarly, if it reaches "the phase of tithing" before the fifteenth of Shvat in the fourth year, the tithe for the poor should be separated from it even though it became fully developed and was gathered at the end of the fourth year. If it reaches "the phase of tithing" after the fifteenth of Shvat, it should be tithed like the produce of the coming year.

Even though the fruit of carob trees begin to ripen11 before the fifteenth of Shvat, they should be tithed according to the coming year,12 since [the obligation to] tithe them is of Rabbinic origin.13

It appears to me that this applies only with regard to the carobs that grow in Tzalmona or other similar species that are not fit to be eaten by most people. [Hence,] the obligation to partake of them is Rabbinic in origin.14 It appears to me that other carobs are similar to the rest of the fruit of the trees.15

Vegetables should be tithed according to the year when they are harvested.16 What is implied? If they are harvested on the day of Rosh HaShanah of the third year,17 the tithe for the poor should be separated from them even though they reached "the phase of tithing"18 and [indeed,] fully matured19 in the second year. If they were harvested in the fourth year, the second tithe should be separated from them.

Similarly, among fruit from trees, only an esrog is like a vegetable,20 [i.e., the laws governing it] whether for tithes or the Sabbatical year are dependent on when it is harvested.

What is implied?21 If it was harvested in the third year after the fifteenth of Shvat, the tithe for the poor should be separated from it even though its growth was completed in the second year. Similarly, if it was gathered in the fourth year before the fifteenth of Shvat, the tithe for the poor should be separated from it.22 If it was harvested in the fourth year after the fifteenth of Shvat, the second tithe should be separated from it.

Although the laws governing an esrog depend on when it was reaped, when an esrog that grew23 in the sixth year entered the seventh year, tithes must be separated from it.24 [This applies] even though it was only an olive size [at the beginning of the Sabbatical year] and became the size of a loaf of bread [during that year].

We apply both the stringencies that apply to trees and those that apply to vegetables to caper berries.25 Thus if they grew26 from the second year and then they entered into the third year and were harvested before the fifteenth of Shvat, the first tithe should be separated. Afterwards, another tithe27 should be separated. Afterwards, it should be redeemed28 and then given to the poor.29 The proceeds of the redemption [should be used to purchase food that] is eaten according to the laws of the second tithe. Thus it is as if he separated both the second tithe and the tithe for the poor.

With regard to rice, millet,30 poppy seed, and sesame seeds, even if the plants took root before Rosh HaShanah, we are concerned only with the completion of [the maturity of] the fruit and thus the tithes are separated as is the produce of the coming year. Similarly, with regard to Egyptian beans, even though a portion of the crop took root before Rosh HaShanah and a portion afterwards, he should gather the entire crop together31 and separate terumah and tithes from the entire crop as one. For everything depends on the produce reaching maturity.32

When one withheld water from onions that do not produce sprouts33 for 30 days or when one withheld water from onions that are irrigated from three periods34 before Rosh HaShanah, they should be tithed as produce of the previous year.35 If water was withheld from them for less than this - and thus they began to dry up before Rosh HaShanah36 - they should be tithed like produce of the coming year.

[The following rules apply when] Egyptian beans reached a third of their growth before Rosh HaShanah. If they were sown to produce seed,37 they should be tithed as produce of the previous year.38 If they were sown to produce vegetables,39 they should be tithed as produce of the coming year.40 If they were sown to produce seed and vegetables or they were sown to produce seed and then [the owner changed his mind and] thought to use them for vegetables [as well], he should tithe from the seeds for the vegetables and from the vegetables as seeds.41

[Different rules apply if the beans] did not reach one third of their growth before Rosh HaShanah. If they were sown to produce seed, they should be tithed as produce of the previous year, but the vegetables that grow should be tithed as they are harvested, provided they are harvested before Rosh HaShanah.42 If they were harvested after Rosh HaShanah, both the vegetables and the seeds should be tithed as produce of the coming year.43

If they were sown to produce seed and then [the owner changed his mind and] thought to use them for vegetables [only], the ruling follows his thought.44 If they were sown to produce vegetables and then [the owner changed his mind and] thought to use them for seed, the thought to use it as seed has no effect on the ruling unless he withholds water from it for three periods45 when [the plants] would be ordinarily be watered,46 and [then,] only when [the plants] reached a third of their growth before Rosh HaShanah.47

[They are, however, governed by different rules] if they did not reach a third of their growth before Rosh HaShanah even though he withheld water from it for three periods when [the plants] would be ordinarily be watered.48 If he sowed it for the purpose of seed and the entire crop grew into fully grown plants before Rosh HaShanah, the seed is tithed as produce of the previous year49 and the vegetables are tithed according to when they are harvested.50 If some of the plants reached their full growth and some did not, to this situation, we apply our Sages' statement:51 "He should gather the entire crop together." [Thus he should separate tithes from the entire crop as one,] separating tithes from the seed for the vegetables and from the vegetables as seed.52

When produce from the second year becomes mixed with produce from the third year or produce from the third year becomes mixed with that of the fourth year, we follow the majority.53 If it is half and half, we separate the second tithe from the entire quantity, but not the tithe for the poor.54 [The rationale is that] the second tithe is a more severe obligation, because it is sacred,55 while the tithe for the poor is ordinary produce. Similarly, when there is a doubt whether produce is from the second year or from the third year, the second tithe should be separated from it.

Whenever [produce] is exempt from the first tithe, it is also exempt from the second tithe and the tithe for the poor.56 Whenever produce is obligated in the first tithe, it is also obligated in these two. All of the individuals who may separate terumah may also separate [these] tithes and those who are not entitled to separate terumah may not separate these tithes. When any of the individuals with regard to whom it is said that [they should not separate terumah,] but if they separate terumah, the separation is effective57 separate these tithes, their separation is effective. When any of the individuals with regard to whom it is said that their separation of terumah is ineffective58 separate these tithes, their separation is ineffective.

When a person separated the first tithe from produce before the obligation to tithe was established,59 he may snack from it before separating the second tithe. For [separating] the first [tithe] does not create an obligation to separate the second. If, however, an obligation to tithe was established, it is forbidden to snack from it until he separates the second tithe or the tithe for the poor even though he has already separated the first tithe.60

Since the second tithe must be brought [to Jerusalem],61 it should not be brought from the Diaspora,62 like the firstborn of animals.63 For this reason, our Sages did not obligate the separation of the second tithe in Syria.64

It appears to me that the second tithe that is separated in Babylonia and in Egypt65 should be redeemed and the proceeds taken to Jerusalem. Similarly, it appears to me that the obligation to separate the second tithe in these places was established only so that there would be an obligation to separate the tithe for the poor, so that the poor of the Jewish people could rely on it.66