Friday, June 4, 2010

Teruma and challah - exporting and importing to Eretz Yisroel

The possuk in this week’s sedrah says:

וַיְדַבֵּר ה' אֶל מֹשֶׁה לֵּאמֹר. דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם בְּבֹאֲכֶם אֶל הָאָרֶץ אֲשֶׁר אֲנִי מֵבִיא אֶתְכֶם שָׁמָּה. וְהָיָה בַּאֲכָלְכֶם מִלֶּחֶם הָאָרֶץ תָּרִימוּ תְרוּמָה לַה'. רֵאשִׁית עֲרִסֹתֵכֶם חַלָּה תָּרִימוּ תְרוּמָה כִּתְרוּמַת גֹּרֶן כֵּן תָּרִימוּ אֹתָהּ.

Hashem spoke to Moshe saying – Speak to the benei yisroel and say to them; “When you come to the land which I will bring you to. And it will be when you eat from the bread of the land you should take a tithe (this is challah). The first of your dough you should tithe to Hashem, as the Teruma taken from the granary so you should tithe it.”

The possuk says that the chiyuv to separate challah only applies in eretz yisroel – אֲשֶׁר אֲנִי מֵבִיא אֶתְכֶם שָׁמָּה.

The Rambam (הל׳ תרומות פרק א׳ הל׳ כ״ב) learns from this passuk that if grain from eretz yisroel is taken out of eretz yisroel then it is not chayav in challah:
פירות א"י שיצאו חוצה לארץ פטורין מן החלה ומן התרומות ומן המעשרות שנאמר אשר אני מביא אתכם שמה שמה אתם חייבין בח"ל פטורין... וכן פירות חוצה לארץ שנכנסו לארץ חייבין בחלה שנאמר שמה שמה אתם חייבין בין בפירות הארץ בין בפירות חוצה לארץ ואם נקבעו למעשר ביד ישראל אחר שנכנסו לארץ חייבין במעשרות מדבריהם

“Produce of eretz yisroel that went to chutz la’aretz is patur from challah, from terumoh and from maaser as the passuk says “אשר אני מביא אתכם שמה” – “Which I bring you to”. There you are chayav but in chutz la’aretz you are patur.

Similarly produce of chutz la’aretz that entered eretz yisroel is obligated in challah as it says “שמה” – there you are chayav both for grain grown in eretz yisroel and also for grain from chutz la’aretz.

If the grain was finalised for ma’aser by a yisroel after it entered eretz yisroel (it was in a heap in a granary which was smoothed down – miruach ha’kri) then it is obligated in maaser mi’derabbanan.”

The Rambam says that if grain came from chutz la’aretz to eretz yisroel it is only chayav in terumo miderabannan, but the same grain would be chayav in challah mi’deoraisoh. The Kesef Mishna asks – how can the Rambam differentiate between challah and terumoh? If grain goes from eretz yisroel to chutz la’aretz, it is patur from both challah and terumah because the passuk compares the halachos of terumah to the halachos of challah – “כִּתְרוּמַת גֹּרֶן כֵּן תָּרִימוּ אֹתָהּ” – “You should take challah as you take Terumah”. If so, if the grain is chayav in challah when it comes into eretz yisroel – it should also be chayav in terumah?

Reb Chaim z”l (הל׳ תרומות פרק א׳ הל׳ כ״ב) answers as follows:

There is a difference between the conditions required for grain to become chayav in challah and the conditions required for grain to become chayav in terumah:

The chiyuv of challah starts when the dough is kneaded (according to the chachamim) or when the crust forms (according to Rb Akiva).

However, in order for grain to become chayav in terumah there are two conditions:

  • First of all the grain has to be a third grown, unripe produce harvested with less than one third growth is patur from terumah.
  • Second of all, there has to be miruach ha’kri. This is when the pile of grain in the granary is smoothed down at the end of the harvesting.

The mishna says in the fourth perek of Pe’ah, mishna 8:

הקדישן עד שלא נגמרו וגמרן הגזבר, ואחר כך פדאן, פטורים, שבשעת חובתן היו פטורים

“If the owner was makdish the grain before it was finished and the gizbar completed the harvesting (by doing miruach ha’kri) –then if the owner redeemed it, the grain is patur from teruma and ma’asros. This is because at the time it was to have become chayav it was excluded from any chiyuv (hekdesh does not have to give teruma and maaser).”

Exactly the same mishna is repeated in Challah, perek 3, mishna 4.

The yerushalmi in Challah asks why this mishna is repeated:

ולמה תניתה תרין זימנין... אחת למירוח ואחת לשליש

“Why did we have the same mishna twice? Once regarding the halacha of miruach ha’kri and once regrading the halacha of growing a third.”

This means that if the gizbar owned the grain either when it reached one third growth or when the pile was smoothed then the grain remains permanently patur from teruma and maaser even if it is later redeemed.

The yerushalmi in the second perek of challah explains regarding challah, that the halacha of “שָׁמָּה” – that the chiyuv depends on the location of the grain and not on where it is grown - depends on wheher the grain was in eretz yisroel or in chutz la’aretz at the time that it reached the stage when it could become chayav in challah:
על דעתיה דר׳ עקיבא... הכל הולך אחר הקרימה בתנור

“According to Rb Akiva – it depends which country the dough was in when the crust formed in the oven.”

Rb Akiva holds generally that the chiyuv of challah starts when the crust forms – therefore this is also the time that the country which determines the chiyuv of the dough in challah is fixed. According to the chachamim, the chiyuv of challah will depend on which country it was in when it was kneaded.

The same rule will apply to terumah- that the chiyuv depends on the location of the grain at the time it reaches the stage that it is chayav in terumah, however grain depends on two stages of its development in order to become chayav in terumah. The plant needs to grow to a usable stage (ha’voas shlish) and the harvest needs to be completed at miruach ha’kri. Therefore the chiyuv of the grain in terumah will depend on its location at both the time of its reaching a third growth and also at the time of miruach ha’kri.

It turns out that even if challah and terumah are identical regarding the halacha of “שָׁמָּה” – grain can never become chayav in terumah if it came from chutz la’aretz to eretz yisroel. This is because even if the miruach ha’kri is performed in eretz yisroel – the havo’as shlish – growing a third – occurred in chutz la’aretz – and both processes are required to occur be’chiyuv in order to obligate grain in terumah.

Just as the yerushalmi says that if the gizbar owned the grain when it grew a third it can never again become chayav in terumah – so too if the grain grew to a third in chutz la’aretz it can never become chayav in terumah even if it brought to eretz yisroel.

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