Thursday 5 May 2016

eretz yisrael - Why don't we distribute Ma'aser Rishon or Ma'aser 'Ani nowadays?


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?)




Answer



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.


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