3,222. Must the Produce of a Non-Jew in Israel Be Tithed?

Terumos 1:10

If a non-Jew buys land in Israel, he doesn’t exempt it from the mitzvos of the land. Rather, the land’s holiness is intrinsic. Therefore, if a Jew buys the land in question from its non-Jewish owner, it’s not tantamount to a private conquest. In such a case, he is obligated in terumah, tithes and first fruits. These are Biblical obligations of the same degree as if the land had never been sold to a non-Jew. If a non-Jew buys land in Syria, then his ownership exempts the land from tithes and shemittah, as we will see.

Terumos 1:11

When it comes to the produce of a non-Jew that grew on land that he bought in Israel, if all the labor was completed with the non-Jew as landowner and the non-Jew smoothed the grain pile (i.e., completing the job), then the produce is exempt, because Deuteronomy 18:4 says “your grain,” exempting the grain of non-Jews. If a Jew buys the non-Jew’s produce after harvest but before all of its necessary preparation has been completed, with the result that these tasks were completed by a Jew, then tithes, etc. apply to this produce under Biblical law. He must separate terumah gedolah and give it to a kohein, and the terumas maaser, which he can sell to a kohein. He can keep the maaser rishon (first tithe) because he can simply tell the Levi – and the kohein vis-à-vis the terumas maaser – that he’s simply taking the place of the original owner, who was not Jewish and from whom they would have received nothing. The reason he doesn’t have to give the terumas maaser to a kohein as he does the terumah gedolah is because regarding terumas maaser Numbers 18:26 says, “When you take tithes from the children of Israel.” We infer from this that if we buy the untithed produce of a Jew, we must separate terumas maaser and give it to a kohein, but if we buy the untithed produce of a non-Jew, then we need not give the terumas maaser to a kohein. In such a case, it may be sold to a kohein.