At what stage is there an obligation to separate terumot and ma'aserot?
Question
When does the obligation to take Trumos and maasros go into effect 1) when I go to someone’s field and pick fruit into a basket? What if I want to eat some of the fruit at a picnic table and then take the rest home? 2) when I go to a shuk and buy fruits.i want to eat some before i get home?
Answer
T&M Obligation in Fields and Kvi'ut Lema'aser
The obligation to separate terumot and ma'aserot (T&M) takes effect at the stage known as kvi'ut lema'aser, which depends on the specific circumstances.
Eating in an Open Field
If you are in an open field and have permission to pick produce—whether as a visitor or a worker—you may eat casually, as a snack (achilat aray) without separating T&M. However, certain actions establish kvi'ut lema'aser, obligating separation before consumption. These include:
- Preparing the produce extensively, such as peeling multiple fruits or cooking them.
- Bringing the fruit inside a house or even into a gated yard
Picking Fruit in a Guarded Yard (Chatzer HaMishtameret)
A more common scenario is picking fruit from a tree inside a home yard (chatzer hamishtameret), whether your own or someone else’s.
In this case:
- You may pick and eat one small fruit at a time without separating T&M.
- If you pick two small fruits together (e.g., two grapes, cherries, plums, or apples), T&M must be separated.
- For citrus fruits (e.g., tangerines, oranges, grapefruits), there's a debate about whether each segment counts as an individual fruit. We at Torah VeHa’aretz Institute maintain that even a single citrus fruit picked in a chatzer hamishtameret requires T&M.
- Large fruits/vegetables (e.g., watermelon), which are generally shared with others, immediately require separation.
- For fruits typically shared (e.g., mango, avocado), it's best to separate T&M upon picking.
- Bringing any fruit or vegetable indoors also obligates separation, even for a single fruit.
Purchasing Produce & Other Obligating Factors
- Buying produce is another act that establishes kvi'ut lema'aser. If you purchase fresh produce in the shuk from a vendor without a reliable hechsher, you should separate T&M before eating.
- Other actions that obligate separation include:
- Cooking or pickling the produce.
- The onset of Shabbat following harvest.
For more information (in Hebrew), see Hilchot Ha'aretz: קביעות למעשר | הלכות הארץ