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Produce grown in the Land of Israel has to have Teruma, two of three different kinds of Ma'aser, and Terumat Ma'aser removed, as described in this OU Kosher article. Of these five separations, three - Teruma, Ma'aser Sheini, and Terumat Ma'aser - can only be eaten in a state of purity which is unavailable today, so it makes sense to do what we can to minimize or redeem them.

The other two - Ma'aser Rishon and Ma'aser 'Ani - are meant to be given to Levites and poor people, respectively. However, according to Footnote 7 of the article linked above, the original owner of the food may keep it, because these separations have no inherent sanctity, these gifts only constitute monetary obligations to the potential recipients, and there's enough of a doubt about the obligation that they couldn't successfully demand their due in court ("hamotzi meichaveiro - 'alav hara'aya").

It seems to me that what this doubt establishes is that it's possible to evade having to give these gifts to their intended recipients. However, why is this (as I understand it is) standard practice? Isn't it avoiding a chance to do Mitzvot and also undermining the clear intent of these Mitzvot - to provide for Levites and poor people?

I understand that if I buy a Jaffa orange in the US, it's impractical and undesirable for me to try to bestow one of the segments on a local Levite or poor person. But wouldn't it make sense for food producers or even home gardeners in Israel who want to live in accordance with the Torah as much as possible to follow through with these Mitzvot as originally commanded and practiced? (Or do some actually do this?)

Isaac Moses
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    I've given Maaser Rishon to a Levi a number of times. (Once, actually, to a Bat Levi. [EDIT: now more than once]) Though I wouldn't bother to do so if I was only separating misafek (ie only in instances where I said a bracha). – Double AA Jan 29 '13 at 17:52
  • @DoubleAA, so maybe I'm off-base. This isn't done by frum farms in Israel, though, is it? – Isaac Moses Jan 29 '13 at 17:52
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    I don't know; I've never owned one :) – Double AA Jan 29 '13 at 17:53
  • See Rabbi Yehoshua Noivert's additions to the Kitzur Shulchan Aruch (printed at the end of Rabbi Mordechai Eliyahu's edition of the Kitzur Shulchan Aruch), paragraphs 2 and 11, in which he says that one only has to give Ma'aser separated from tevel (produce certainly not separated), and not from what possibly was separated from before, to the proper recipient (this is referring to Ma'aser other than Ma'aser Ri'shon); and with Ma'aser Ri'shon he doesn't even have to give from tevel to the levi. – b a Jan 29 '13 at 18:59
  • @ba I think you misrepresent him. He says in 2 that for real Tevel it is a mitzva to give Ma'aser Rishon to Leviyim and Ma'aser Ani to Aniyim. In 11 he says that nowadays many are lenient about giving the Ma'aser Rishon to the Leviyim, but some are careful to do so lest they end up stealing from the Leviyim. – Double AA Jan 29 '13 at 22:40
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    @DoubleAA I don't know what you're problem is with my representation of #2 (ואילו ספק טבל ... חייבים להפריש בלי ברכה וגם אין מצות נתינה של מעשר עני). And yes, from #11 I did omit the statement that there are some people who are careful. If I understand the question correctly, he was asking why people are allowed to rely on המוציא מחבירו עליו הראיה in this case if you aren't allowed to rely on it, for example, in order to steal a piece of clothing from someone in a place where there are no witnesses. – b a Jan 29 '13 at 22:50
  • My question is less about what's allowed and more about what's recommended for and/or practiced by machmirim / ba'alei nefesh / chaveirim. – Isaac Moses Jan 29 '13 at 22:59
  • Possibly related: http://judaism.stackexchange.com/q/44086 – msh210 Jul 31 '14 at 19:09
  • Isaac, can you clarify what you are seeking? Would an answer which says "Yes some are careful to do this" suffice? Does it matter who those "some" are? – Double AA Jul 31 '14 at 19:22
  • @DoubleAA, re-reading what OP wrote (past the amnesia barrier), it looks like OP was seeking sources that justify being lenient on this as normative practice. If it's not normative practice, then demonstration of that fact would undermine the question and be a valid answer. – Isaac Moses Jul 31 '14 at 20:39
  • @IsaacMoses "normative"? Some people do it and some don't. Are you referring to the majority of people as normative? Note the OP's comment "My question is less about what's allowed and more about what's recommended for and/or practiced by machmirim / ba'alei nefesh / chaveirim." – Double AA Jul 31 '14 at 20:44
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    @DoubleAA, Sources that recommend giving these gifts contemporarily would constitute a valid answer. – Isaac Moses Aug 01 '14 at 14:10

3 Answers3

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R Avrohom Yeshaya Karelitz (Chazon Ish Shevi'it 5:12) writes that were we to give Maaser Rishon nowadays to Leviyim on the basis that they claim the Levi Aliya in Shul, more people would lie and pretend to be Leviyim because of the financial benefit.

However, most authorities seem to think that Maaser Rishon (taken from certain Tevel) should (at least ideally) be given to a Levi even today. See articles about it here, here and here and note that R Karelitz's nephew, R Chaim Kanievsky, writes (Derekh Emunah Terumot 6 Tziyun Hahalakha 78) that the R Karelitz himself was careful to give Maaser Rishon (taken from certain Tevel) to a Levi.

I know of no exemption today from giving Maaser Ani (taken from certain Tevel) to a poor person.

In the case of doubtful gifts where המוציא מחבירו applies: supporting the needy is always a good thing if you can, but we aren't going to force you to do so against your will.

Double AA
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  • For a lengthy discussion of how to minimize adverse affects of Maaser Ani on the already-not-rich farming population in Israel, see R Azriel Ariel's article in HaTorah VeHaAretz Volume 2. – Double AA Nov 24 '15 at 21:53
  • The standard formula for taking off trumot and maasrot as appears to simply designate areas of the produce as maaser. If someone wants to actually give it to a Levi or poor person is there any change to the formula? – Scimonster Jun 07 '16 at 07:59
  • @Scimons The commonly seen text of the Chazon Ish designates the Maaser Rishon on the north side IIRC. So just give the 9% of the fruit that's on the north side. That text isn't holy at all, so if you prefer a different side that's fine. I usually separate out a chunk of fruit of at least 9% and declare the MR to be the 9% of the fruit which is on the north side of that chunk. Then I give the Levi the whole chunk. It's easier then remembering what direction exactly is north, and you're going to separate 9% anyway. I found this alternate text online now with a similar idea http://bit.ly/1RWizw5 – Double AA Jun 07 '16 at 15:19
  • The second article linked is about a different topic, and the third link is now dead – torahmike Dec 26 '21 at 15:52
  • @torahmike that's bizarre, how did noone notice? did they change their site? seemingly i meant to link to https://ph.yhb.org.il/17-09-08/ – Double AA Dec 26 '21 at 16:11
  • @torahmike third link to tnuvot sadeh 11, still on their website https://hamachon.co.il/wp-content/uploads/2019/04/%D7%92%D7%9C%D7%99%D7%95%D7%9F-11.pdf looks like there was a follow up article in vol 13 https://hamachon.co.il/he/articles-index/%d7%91%d7%99%d7%a8%d7%95%d7%a8-%d7%90%d7%9d-%d7%99%d7%a9-%d7%97%d7%99%d7%95%d7%91-%d7%9c%d7%aa%d7%aa-%d7%9e%d7%a2%d7%a9%d7%a8-%d7%a8%d7%90%d7%a9%d7%95%d7%9f-%d7%9c%d7%9c%d7%95%d7%99-%d7%92%d7%9d/ – Double AA Dec 26 '21 at 16:11
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To address your final paragraph:

I understand that if I buy a Jaffa orange in the US, it's impractical and undesirable for me to try to bestow one of the segments on a local Levite or poor person. But wouldn't it make sense for food producers or even home gardeners in Israel who want to live in accordance with the Torah as much as possible to follow through with these Mitzvot as originally commanded and practiced? (Or do some actually do this?)

Machon HaTorah VeHaAretz set up the Beit HaOtzar fund to allow subscribers to give the monetary value of the ma'aser rishon and ma'aser ani they separate to leviyyim and poor people respectively. This works by utilizing the principle of makirei leviyah and makirei aniyyim whereby the levi / poor person is loaned a sum of money, and the repayments are taken to be the ma'aser which the subscriber subsequently separates and keeps for himself.

So there indeed exists a method by which people can relatively easily give their ma'aserot to the intended recipients.

Joel K
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http://chinuchathome.info/index.php/Halachos-/-Laws/Eretz-Yisrael/Special-Mitzvos-of-Eretz-Yisrael.html

After separation of terumah gedolah, ma'aser rishon is separated from the remainder.

How much does one separate? Exactly one-tenth of the remainder. Ma'aser rishon is not sanctified produce, but rather the private property of the Levi. The Levi may thus sell or give it to a Yisroel, who may then eat it, even when unclean (provided that terumas ma'aswer has been separated). Even today you must take from the best part of the fruits for ma'aser rishon. When you are not sure whether fruits have been tithed, and especially today when there is no Levi of certain descent to claim them, you can {retain and} eat {no eating prohibition as soon above} the ma'aser rishon (after the terumas ma'aser has been separated). (emphasis added) {curly brackets added}

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