Obligation to tithe ownerless fruit
Question
What amount of hefker (ownerless) fruit is obligated in teurmot and ma'aserot miderabanan? If produce in a private garden is declared ownerless, does it have hefker status?
Answer
There is no minimum quantity of hefker produce that is exempt from terumot and ma'aserot. Consequently, there are cases when produce declared ownerless in a private garden can be exempt from terumot and ma'aserot.
The prevailing ruling follows the opinion that the exemption applies only if the produce is rendered ownerless before the gemar melachah (completion of preparatory activities) stage. In this context, this means before the fruit is picked.
However, if the owner declares the fruit ownerless after gemar melachah (e.g., the fruit was pocked, placed in a basket outside the home, and then declared ownerless), one should separate terumot and ma'aserot without a blessing.