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September 28, 200716 Tishri 5768
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HALACHA FORUM
from Rav Asher Balanson

Disclaimer: Most of the correspondence in these pages is individual, and does not necessarily apply in all situations. Sometimes Rav Balanson responds to a specific writer in a certain way because he knows personal information not available to the outside reader. The reader should keep in mind, as with studying any shu”tim, that if he’s uncertain about any issue, he should clarify with his own shaila.

Questions may be addressed to Rav Asher Balanson at mikdash@netvision.net.il


:: KASHRUS
Basar B’cholov Bishul/Pas/Cholov Akum
Chodosh Cutting Sharp Foods with Knife
Kashrus in Secular Society Kashrus of Different Foods
Kosher Kitchen Microwave Ovens
Separating Challah Shmita
Tevilas Keilim Trumos Umaaseros
Vitamins and Medicine


Trumos Umaaseros
  1. All fruits and vegetables that are grown in Israel must have certain matanos taken off from them in order for us to be allowed to eat them.

    1. There is a difference between what is done to these matanos nowadays and what was done to them in the time of the Gemara. We will deal only with what should be done at the present time.

    2. We will also make the assumption that the fruit and vegetables that the average person buys will be those that have a "safek" status. They have gone through the standard Tnuva marketing process and as such may have had the proper matanos removed by the Rabanut.

    3. Obviously, anyone that buys at a store that has a special hechsher need not take off the matanos again unless he wants to be machmir.

  2. Which matanos have to be removed nowadays and what is done with them:

    1. Truma Gedola consists of a minute amount of the food and should be wrapped in some paper or a plastic bag and discarded.

    2. Maaser Rishon consists of 10% of the remaining food and it must have its place "designated" (as will be explained below) and then may be eaten.

    3. Trumas Maaser consists of 10% of the Maaser Rishon (and is therefore 1% of the food) and is dealt with in the same manner as Truma Gedola.

    4. Maaser Sheni consists of 10% of the food that is left over after the Maaser Rishon has been removed. We "designate" its place and then we redeem it onto a coin that has been set aside for this purpose. Then it can be eaten.

    5. Maaser Ani consists of 10% of the food that is left over after the Maaser Rishon has been removed. We "designate" its place and then we can eat it.

    6. There is a seven-year "Shmita" cycle connected with these matanos. In the 1, 2, 4, & 5 years of the cycle Maaser Sheni is given and Maaser Ani is not. In the 3 & 6 year of the cycle Maaser Ani is given and Maaser Sheni is not.

  3. The proper way that the hafrasha should be done:

    1. First we cut off a little more than 1% of the food that we want to fix.
      1. This will contain the Truma Gedola and the Trumas Maaser that will have to be discarded as mentioned above.
      2. If more than one kind of food is being dealt with, then it is necessary to cut off a bit more than 1% of each of the different kinds of food.

    2. Then we "designate" the place of the Truma Gedola.
      1. This means that we say “that part of this piece on its northern side that is in excess of 1% of all the food should become Truma Gedola.”
      2. It makes no difference that side is designated, but you should realize that the same side cannot be used for two different matanos.

    3. Then we "designate" the place of the Maaser Rishon.
      1. This consists of both 1% of the food (the remainder of the piece that we have cut off) and 9% of the food (still connected to the major part of the food).
      2. We therefore say “that 1% of the food and another 9 quantities like it on the northern side of the food should become Maaser Rishon.”
      3. Previously we spoke about the northern side of the piece and now we mention the north side of the food.

    4. Then we "designate" the place of the Trumas Maaser. We therefore say “1% of the food that I have made Maaser Rishon should now become Trumas Maaser.”

    5. Then we "designate" the place of the Maaser Sheni or of the Maaser Ani and redeem the Maaser Sheni.
      1. In the case of the Maaser Ani, we say, "Let 10% of the remaining food on its southern side become Maaser Ani.”
      2. In the case of the Maaser Sheni, we say, "Let 10% of the remaining food on its southern side become Maaser Sheni, and let it and an additional fifth be redeemed on a peruta in the coin that I have set aside for this purpose.”
      3. If you are uncertain which year the food is from, then first say the nusach for the Maaser Sheni and then add on that "if it is necessary to take off Maaser Ani then let it be Maaser Ani.”

    6. The nusach is printed in most Israeli siddurim and can be read from there.
      1. In case of need, it is also possible for you to cut off a little more than 1% of the food and say, "I want the hafrashas Trumos and Maasros to be done as it appears in the siddur.”
      2. It is still necessary to put aside a coin for purposes of the Maaser Sheni.

    7. Since each time you use a peruta in the coin, you can use any coin only as many times as the number of perutos it contains. The value of a peruta can fluctuate, but we can assume that nowadays it is about 2-4 agorot.
      1. After your coin is "filled," you can transfer the Maaser Sheni in the coin to a peruta in another coin and start all over again.
      2. According to the Chazon Ish, if the Maaser Sheni itself is worth less than a peruta, then a regular coin cannot be used and a peruta chamura (a coin that has had some Maaser Sheni already redeemed on it) is required.
      3. This Maaser Sheni must be from either the five grains or grapes and must be vadai and not with a safek status.
      4. A peruta chamura can be obtained at the Badatz or you can become a member in a Keren Maasros (an organization that has in its possession a large number of these coins that it gives permission to members to use).


Question

Recently someone bought a fruit in the supermarket that was presumably produced in Israel. The brand name is Carmel: it's a pamelo. First of all, is it known that Carmel separates Trumot and Ma'asrot and, if not, what is the exact procedure one should take in separating? We looked around, but we only found vague material on this matter.

Reply

You would have to separate Trumos and Ma'asros yourself. Cut off a bit more than 1% of the fruit. Put aside a nickel. Say, "I want the Trumos and Maasros to be separated here just as it says in the nussach of the Chazon Ish that is found in the siddur." The cut-off piece should be wrapped up and discarded. The coin should also be thrown away somewhere where nobody will find it.


Question

One of the people here received pecans from eretz Yisroel. Should I take off maaser sheni or masser ani? If maaser sheni, what is the procedure for chilul?

Reply

I am not sure. Do both mesafek. For maaser sheni put aside a coin and read the nussach from the siddur.


Question

We learned in shiur about zachin ladam shelo bfanav - a machlokes in regards to the mechanics between the Ketzos and the Trumas Hadeshen with a nafka mina: taking off truma. For example, a mashgiach when the balim aren't present can we rely on umduna? In eretz Yisroel, who do they follow?

Reply

I think that they do take off truma based upon umduna.


Question

I do not want to be torem and m'oser some fruit that I have now, because if I cut off a piece of the fruit, it will spoil. Is there a concept of not pushing off a mitzvah here, or can I wait until I am ready to eat them to be torem and m'oser them?

Reply

I don't think that there is any problem is waiting.


Question

They came from a citrus tree, and I was told there is a sheila whether it goes basar chanata or not, and I do not know if the fruits were on the tree from before Tu'B'Shevat. If they were, from safek, I was told I would have to take ma'aser awni and ma'aser sheni from the fruits because of safek. So, l'maaseh, what should I do?

Reply

Take them both.


Question

Can I give the ma'aser to a levi? If I do such, do I take the terumas ma'aser myself or is it the responsibility of the levi?

Reply

You can give it to the levi. Taking care of the terunas ma'aser is his problem, not yours.


Question

Being a kohein, if I do not eat the terumah, can I keep it? What am I allowed to use it for (R' Greenwald said that bizman hazeh, kohanim can get hana'ah from terumah)?

Reply

You could feed it to one of your pets (if you have one) or use it as fuel in your campfire (if you have one).


Question

Can I ask the levi to give me back the terumas ma'aser?

Reply

You can ask. He doesn't have to agree.


Question

How do I go about taking ma'aser sheni and what should I do with the coin afterwards?

Reply

Read the nussach out of the siddur. Save the coin for next time.


Question

If I need to take ma'aser awni, how do I go about this and what should I do with this?

Reply

You take off 10% and give it to a poor person. (It will probably "make his day.")


Question

Isn't there an issur to be me'tamei terumah? What should I do about this (I have to touch the fruit after I am torem it)? I mean, I am tomei obviously.

Reply

I believe that the minhag is to wet the fruit before you take off the terumah and then touch it. This way, you are only making tevel tomei.


Question

What are the proper shiurim to be torem and m'oser for the different tithes, and, is it bad to give too much to be on the safe side?

Reply

Terumah: A little bit. Maaser rishon, sheini and ani =10%.


Question

Is there any special manner in which I must treat the terumah (I suppose due to it's sanctity) and ma'aser?

Reply

Wrap it up and discard it, unless you have that pet or fire.


Question

Is there anything else I should be aware of about this?

Reply

You seem to have it down pretty well.


Question

Should I iber maaser regardless of the hechsher?

Reply

I believe that that is what Rav Eliyashev says to do. I personally don't.


Question

When Harav Balason quoted from Harav Elyashiv that we should take trumos and ma'asros a second time, does that apply to all hechsherim?

Reply

Yes.


Question

Does it apply if you asked the grocer and he said a mashgiach come to be mafrish truma separately?

Reply

I am not sure.


Question

Does it apply in restaurants and hotels?

Reply

Of course.


Question

If so, then what if they cook the meat in vegetables, but just give us the meat?

Reply

Take off from the meat.


Question

In a sha'as hadchak, is there somebody to rely on?

Reply

I don't understand this question. We are talking about food with a hechsher. Almost all bnei Torah rely on the hechsherim and don't take off t'rumos a second time.


Question

I guess I'd say my family is "dati leumi" - my uncle learns occasionally and tries to go to minyan every day for the most part, his wife only wears skirts, but doesn't cover her hair. I don't think it would be possible to separate trumot and maasrot in a way that people wouldn't notice because the entire family will be sitting around the table (unless it's a buffet-style meal), and I don't know how I'd do it for soup.

Reply

The thing to do is "accidentally" to let some of the food drop onto the table. Pick it up in a napkin. Then just say to yourself that you want it to be trumos and maasros. If you can't do it, then you can rely on the rabbanut.


Question

By the way, in instances that I should be separating, can I just leave that stuff on my plate, or do I have to remove it and wrap it up?

Reply

You can leave it on your plate.


Question

If it is necessary to remove it, can I put it in a napkin, or must it be a more hermetic seal than that?

Reply

A napkin is fine.


Question

Is it a lack of kavod to flush it down the toilet?

Reply

Don't do that.


Question

Is there an added problem in terms of trumot and maasrot on Shabbat, or can I rely on the Rabbanuyot of Haifa and Tel Aviv in terms of that and assume that my grandmothers are shopping in grocery stores with hashgachot?

Reply

As above, I would separate t'rumos and maaser by yourself - you can do this on Shabbos as well (see Shmiras Shabbos for the proper procedure) and rely on your grandmother for the rest.


Question

If there are truma and maaser issues, how should I deal with them, being that I am not a member of that keren that provides a pruta chamura? Can I somehow make my own?

Reply

You can use any regular coin.