Membership with Otzar Ha'aretz on behalf of parents and tithing without their knowledge
Question
I'm a yeshiva bachur and live with my parents. My parents have a lemon tree growing in their yard, from which they pick lemons. Can I subscribe as a member of Beit Ha'otzar and tithe the fruit without my parent's knowledge?
Answer
Your question is two-fold, and the answer for the first question depends on the answer for the second. For this reason, we will address you second question first, since it serves as the basis for the first question.
The main question here is if one may tithe on another's behalf without their knowledge.
The halachah is that a person cannot tithe another's produce without their knowledge; this requires an appointment of agency (shlichut).
However, under certain circumstances, it is permitted to tithe for others based on the principle of nicha lei (presumed benefit) — meaning that while the owners of the produce typically do not tithe themselves, they also do not object to it being done.
Therefore, if you have friends, parents, or others who do not mind if someone tithes their produce — it is permitted, and even recommended, to do so on their behalf.
But if you know that they object to it, it is not permissible to tithe on their behalf. In this case, you would only tithe from the fruit before you consume it.
Thus, the answer to the first question depends on the specific situation: If you know that your parents do not object to their garden fruits being properly tithed — including giving the appropriate portions to a Levite and a poor person — then you can also appoint yourself as their agent, based on the principle of zachin le’adam shelo befanav (benefitting another in their absence), and through this principle, tithe on their behalf.
However, if you believe that they would be opposed to tithing the fruit, you should only tithe the fruits before you eat them, using your membership for the process.
Ehud Achituv