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266 · The Laws of Terumot, Ma’asrot (Tithes) and Orla          Tzurba M’Rabanan




               Which Fruits and Vegetables

                  Are Obligated in Terumot

                                and Ma’asrot?





        The next step of understanding the practical rules of separating terumot and ma’asrot involves understanding
        which produce is included in the obligation. The Torah only mentions three types as being subject to the
        obligation: Dagan, tirosh and yitzhar, which are usually translated at grain, wine, and oil.

        t     Devarim 14:22–23                                    גכ–בכ:די | םירבד  	  .

        22. You shall set aside every year a tenth of all the crop of your   א   צ                ר       א וב                 א ר                  ר              ב
        planting that is brought from the field.                             נ        נ

        23. And you shall consume the tithes of your new grain and    ר        א   ו     מ    ב           א      נ                         א   ו
        wine and oil, and the firstlings of your herds and flocks, in    ך ְ ׁש רי  ּת ךְנ   ג ְ ּד ר   ׂש ְ ע   מ         ומ      ן               ר       ב


        the presence of the Lord your God, in the place where He will        מ          ן       מ       נא צ   ו     ר        ב   ר     ב ו ך   ר   ה ְ צ י ְ ו



        choose to establish His name, so that you may learn to revere
        the Lord your God forever.                                    מ                         א        א     א   ר
        t     Devarim 18:4                                            ד:חי | םירבד  .



        You shall also give him the first fruits of your new grain and                א   ר   ו ך   ר   ה ְ צ י ְ ו ך ְ ׁש רי  ּת ךְנ   ג ְ ּד תי   ׁשא   ר

        wine and oil, and the first shearing of your sheep.                    ו     ן             נא צ
        Rishonim dispute whether only these three types of produce are obligated on a Torah level, or whether
        other fruits are also included, and these three are simply illustrations.
        According to the Rambam, all fruits are also subject to a de’oraita obligation to tithe.


        r     Rambam, Hilchot Terumot 2:1                 א:ב תומורת ׳לה | ם״במר   .
        Just as grain, wine and oil are foods for human consumption,     א   נב    אמ  ר צ ו   ור    ן     מ
        they grow from the ground, and they have an owner, as the verse   רמאנ      ב ו    ו  רא  ןמ ו  ו   ו
        states “your grain,” so too anything that is similar to this is obli-   ן ו  ומור ב ב    ן ב אצו       א  נ
        gated in terumot and ma’asrot.                                          ור  מב

        The Kesef Mishneh explains that the Rambam understood the pasuk as giving three examples of produce
        subject to the mitzva, but the mitzva is not limited only to those three.
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