The status of rosemary leaves this year plus terumot & ma'aserot
Question
I picked some rosemary yesterday. Does it count as third-year produce or second-year produce or must it be treated as a safek? (Also, is it treated as a fruit or a vegetable?) When taking off terumot and maasrot, do I make a beracha?
Answer
Rabbi Netanel Oyerbach, 5785
1. While the rosemary bush, as a woody perennial, is halachically classified as a tree, the ma'aser year for the leaves follows harvest.
2. This year being a ma'aser ani year, separate ma'aser ani and do not recite the pidyon ma'aser sheni text.
3. Separate terumot & ma'aserot without a blessing
4. Rationale: Rosemary leaves add flavor, but some also eat the leaves used as seasoning. Also, a minority opinion obligaes terumot and ma'aserot even for spices and tea leaves that impart flavor only.