Bringing lemons through the window

Answer

We will address three scenarios in which a person did not bring the fruits through the door of the house.[1]

1) If he brought the fruits through the window, the fruits are exempt from terumot and ma'aserot, as detailed below.

2) If he brought the fruits through the courtyard gate, the fruits become obligated in terumot and ma'aserot even though they were not brought through the door.

3) If the fruits grew in their own yard, it is permissible to pick one fruit and eat it, while the rest that entered the house are obligated in terumot and ma'aserot.

Similarly, when one picks two fruits, they must separate terumot and ma'aserot.

The Gemara distinguishes between earlier generations and later generations, stating that in later generations, they brought fruits through the windows to avoid the obligation of terumot and ma'aserot, meaning they are entirely exempt. According to this, Rambam ruled (Hilchot Ma'aser 4:1) that even if one brings his produce through the roofs and balconies, he is exempt from terumot and ma'aserot. However, the Tosafot write that even if one brings the produce through the window, it is forbidden to eat a fixed meal (achilat keva); the only type of eating that is permitted in this case is casual eating, or snacking (achilat aray).

The Chazon Ish discusses whether produce can become obligated again if, after bringing them in through the window, he takes the produce out and brings them in through the door. He brings proof from the Gemara that discusses why Chazal did not decree that the separation of challah is mandatory even if it was kneaded by a non-Jew, similar to tithes and offerings (known as gezeirat ba'alei kissim, "decrees for those with pockets," referring to decrees to prevent loopholes that allow people to evade their halachic responsibilities (that is, we are not  concerned that someone will sell his produce to a non-Jew, who will knead it into dough, in order to exempt it from separating challah, and then sell it back to the Jewish owner) The Gemara responds that it is possible to exempt oneself from the challah obligation to begin with, if kneading less than the amount obligated in challah. The Gemara then asks: one may also exempt produce from terumot and ma'aserot by bringing it through the window (so, why should these gezeirot be in place in this case as well)? The Gemara responds that it is not convenient to exempt oneself from halachic obligations through actions that are apparent to the public (farhesiya). From here, the Chazon Ish learns that the exemption from the terumot and ma'aserot obligation when produce is brought into the house through the window is a permanent exemption. That is, even if one takes the produce out again and brings it back in through the door, the produce will not become newly obligated in terumot and ma'aserot. This is also the conclusion of Derech Emunah (on Rambam, ibid., §8), following the Chazon Ish's ruling.

In light of the above, the halachic ruling in specific cases brought above is as follows:

a) If the lemons were brought through the courtyard gate of the recipient and then brought into the house through the window, in any case, all the fruits are obligated in terumot and ma'aserot, so there is no problem in using lemons from one batch to exempt the other.

b) Even if they were not brought through the recipient's courtyard gate, but the lemons grew in his neighbor's garden, and if there is a fence around the garden, then it is considered a preserved courtyard (chatzer hamishtameret) where one can only pick one fruit at a time and eat it without separating terumot and ma'aserot. But if more than one fruit was picked at a time, the lemons are obligated in terumot and ma'aserot in any case. Therefore, one may use either batch to separate terumot and ma'aserot to except one another.

c) If the neighbor's garden is not a preserved courtyard, and the lemons were brought in through the window, Rambam and Tosafot disagree whether the fruits are obligated in terumot and ma'aserot when eaten as a fixed meal. According to Rambam, one cannot separate terumot and ma'aserot from one batch to exempt the other since this could entail separating terumot and ma'aserot from exempt fruit to exempt fruit that is obligated in terumot and ma'aserot. According to Tosafot, however, the fruits are not exempt, so one can separate as usual. In this case, one can choose one of the following alternatives:

1) Cut and set aside a little more than 1% of each lemon. In this way, there won't be an issue of separating from an exempt lemon for a lemon obligated in terumot and ma'aserot, since they are being separated from each lemon separately. If the text for the separation is said once after separating a little more than 1% from all of the lemons in one sitting, say the blessing once and then proceed with the separation formula. This is because some of the lemons are definitely obligated in terumot and ma'aserot. If separating a little more than 1% from each lemon at a time, one may not say the blessing since there is a doubt whether any given lemon is obligated in terumot and ma'aserot.

2) Take a little more than 1% from all of the lemons from the fruits that are definitely tevel (untithed); that is, from the lemons that definitely were brought in through the door.) Say the blessing as usual, and when separating terumot and ma'aserot, state: הרי זה תרומה על הטבל שיש כאן' "Behold, this is terumah for the untithed produce here", and continue in the same fashion for all of the ma'aserot.

d) In any case, taking the lemons out of the house and bringing them back in through the door will not create a new obligation for terumot and ma'aserot.