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1 [1] After separating the great *terumah*, one should separate one tenth of the remaining produce and this is called the first tithe. Concerning it [Numbers 18:24] states: "For the tithes of the children of Israel that they will separate to God."
These tithes are given to Levites, males and females, as [*ibid.*] states: "And I gave the Levites all of the tithes of the children of Israel as an inheritance." [2] An Israelite is permitted to partake of the first tithe, and it may be eaten in a state of ritual impurity, because it is not holy. Whenever the term "holy" or "redemption" is used with regard to the tithes, the intent is the second tithe.
What is the source from which we learn that the first tithe is ordinary produce? [*Ibid.*:27] states: "And your *terumah* will be considered for you as grain from your grainheap and the fullness of the vat." Just as a grainheap and a vat [contain] ordinary produce, so, too, once *terumat ma'aser* has been separated from the first tithe, it is ordinary produce in all regards. For this reason, when the daughter of a Levite has been taken captive or she engaged in forbidden relations, she can be given tithes and she may partake of it. When, however, there was a report that a woman's husband died or one witness testified that he died, she married and then her husband appeared, our Sages penalized her and ruled that she is forbidden to partake of the tithes. [3] The Levites and the priests should separate the first tithe so that they can separate *terumat ma'aser* from it. Similarly, the priests must separate other types of *terumah* and tithes for themselves. Since the priests receive all types of agricultural gifts, is it possible for them to partake of the produce without these separations having been made? [Numbers 18:28] states: "And so shall you separate, also you...." "You" includes the Levites. "Also you" includes the priests. [4] We do not expropriate the tithes from the priests, as [*ibid.*:26] states: "When you take from the children of Israel...." Similarly, none of the presents given to the priests must be given from one priest to another priest.
Ezra penalized the Levites in his time because they did not ascend to Jerusalem with him and ordained that the first tithe should be given solely to the priests. [5] When a person partakes of his produce while it is *tevel* or a Levite partakes of the tithes while they are *tevel*, although they are liable for death at the hand of Heaven, they are not liable to make reimbursement to the owners. [This is derived from *ibid.*:24:] "...that they will separate to God." [Implied is that the recipients] do not have any share in them until they have been separated.
In the Diaspora, it is permitted for a person to continue eating and afterwards, separate *terumah* and the tithes. [6] We can separate tithes from produce in one place for produce in another place. They need not be grouped together. We do not, however, separate tithes from one species for another species, nor from produce for which we are obligated to separate tithes for produce from which we are exempt from separating, nor from produce for which we are exempt from separating tithes for produce from which such a separation is required. If one made a separation in any of the above instances, [the produce separated] is not considered as tithes. [7] Whenever we said with regard to *terumah*, that *terumah* may not be separated from one type of produce for another, tithes may not be separated from one such type of produce for another such type. And whenever we said that the separation of *terumah* from [one type of produce] is acceptable [after the fact], if one separated tithes from such produce, it is acceptable. Whenever produce is exempt from the obligation to have *terumah* separated, it is also exempt from the obligation to have tithes separated. All those individuals who may separate *terumah* may separate the tithes. And all those concerning whom it was said that they should not separate *terumah*, but if they did separate it, the separation is effective, so too, if they separate the tithes, the separation is effective. And whenever a person's separation of *terumah* is not effective, his separation of tithes is also not effective. [8] When a person tells a colleague: "I will tithe through your agency," he does not have to stand with him to see whether he tithed or did not tithe. If [the agent] tells a colleague: "Tithe using me as an agent," he must stand with him. [9] The obligation to tithe carobs is only Rabbinic in origin, for they are not eaten by most people. Bitter almonds, whether large or small, are exempt, for they are not considered food. [10] A tree that is planted inside a house is exempt from the obligations of the tithes, as [indicated by Deuteronomy 14:22]: "You shall certainly tithe all the produce of your crops that grow in the **field**." It appears to me that tithes must be separated from this produce according to Rabbinic Law, for one is required to tithe the fruit of a fig tree that stands in a courtyard if it was harvested at one time. [11] When onions [stored in a home] grew roots next to each other, even if they grew roots in the earth of a loft, they are exempt from tithes. If a landslide covered them, and they are thus open [to the skies], it is as if they have been planted in the field and one is obligated to tithe them. [12] [The following laws apply when someone is] protecting his field because of grapes and another person comes and collects the figs that remain in that field or he was guarding his field because of the zucchini and squash and another person came and gathered the grapes which were scattered in the field. When [it is known] that the owner of the field is concerned with the leftover produce, it is forbidden to take it; [doing so] is stealing. Hence, tithes and *terumah* must be separated from the crops. If the owner of the field is not concerned with it, it is permitted [to take it; it is not] theft. Hence, they are exempt from the tithes. [13] Only the most choice produce should be separated as tithes, as [Numbers 18:30] states: "When you separate the choice portion from it, and it will be considered for the Levites as the produce of the grainheap and the produce of the vat." Just as the Levites must separate the choicest portions of the tithes, the Israelites who separate from the grainheap and the vat separate the choicest portions. [14] We may not separate tithes by estimation. Instead, one must do so through measuring, weight, or number. One who is precise in the measurement is praiseworthy. When one gives an extra amount as the tithes, his tithes are flawed, because untithed produce is mixed with them. [The remainder of] his produce has, however, been made fit for use. [15] When a person separates a portion of the tithes, they are not considered as tithes. Instead, it is as if someone divided the grainheap. He must, however, separate from the portion set aside the tithes that are appropriate for it.
What is implied? A person had 100 *se'ah*. He set aside five *se'ah* as the tithes. [These five *se'ah*] are not considered as tithes. He cannot separate tithes for [these five *se'ah*] from another source. Instead, he should separate half a *se'ah* from them. It is their tithes. [16] When a person separates the [first] tithe, he should recite a blessing first, as one recites a blessing [before observing] any of the mitzvot. Similarly, he should recite a blessing [before separating] the second tithe, the tithe given to the poor, and the tithe of a tithe. He should recite a blessing for each one individually. If he made all the separations one directly after the other without speaking in between, he should include them all in one blessing, [praising God who commanded us] "to separate the *terumot* and the tithes."
Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI
License: CC-BY-NC