38. Second Tithe and Fourth-Year Fruit - Maaser Sheni ve-Neta Revai
a) The Second Tithe
After setting aside the first tithe one sets
aside a tenth of the remainder; this is called the
second tithe (but in the third and sixth years of the sabbatical
cycle it is given to the poor). When the Temple exists it
should be eaten in Jerusalem, as it says "And you shall
eat before Ha-Shem your G-d in the place that he
shall choose... the tithe of your grain, wine and
oil"1; or it can be redeemed (outside Jerusalem) for
5/4 of its value and the proceeds used to buy food
to be eaten in Jerusalem [as it says "And if the way
is too long for you... you may put [it] into money...]
and you may give the money for anything that you
desire... and eat there...".1 When the Temple does not
exist it can still be redeemed outside Jerusalem, not
necessarily for its full value, and the thing that it
is redeemed for must be destroyed. It is forbidden to
eat it outside Jerusalem (rabbinically, even if it has
never been there), as it says "You shall not eat the
tithe of your grain, wine and oil in your gates".2,a
A person who is impure or uncircumcised
or who has just lost a close relative is forbidden to
eat the second tithe in Jerusalem (and rabbinically,
even outside), as it says "I have not eaten it while
in mourning and have not consumed it while impure".3
Similarly, one may not consume the second tithe if it
has become impure; one must then redeem it, even in
Jerusalem. It is forbidden to redeem it for anything
that cannot be used for eating, drinking, or anointing,
as it says "And have not given it to the dead"3 --
that is, have not used it for anything that does not
sustain the body; and it cannot be used for any
commercial purpose.b
On the last day of Pesach in the fourth and seventh
years of the sabbatical cycle, after all the tithes
of the preceding year have been consumed, we are
commanded to recite the "confession of the tithes", as
it says "When you have finished tithing all the tithes
of your crops in the third year... you shall say
before Ha-Shem your G-d `I have cleared out the
sacred things from the house'...".4,c
b) The Fruit of the Fourth Year
The fruit of a tree in the fourth year after
its planting (or grafting) must be eaten in Jerusalem
like the second tithe, as it says "And in the fourth
year all its fruit shall be holy for rejoicing to
Ha-Shem"5; no offerings or tithes or gifts to the
poor are given from it.d
Sources: |
| 1. Deut. 14:23-26 |
a. 1:1, 2:1-3,5-6; 5:1 |
| 2. Deut. 12:17 |
b. 3:1-5,10,17; 7:3 |
| 3. Deut. 26:14 |
c. 11:1-3,7,12 |
| 4. Deut. 26:12-13 |
d. 9:1,4; 10:14 |
| 5. Lev. 19:24 |
|