3,408. Eating Produce That Grew in the Courtyard

Hilchos Maaser 4:16

If a tree was planted in a courtyard and overhangs a garden, one who is standing in the garden may eat of its fruit in the usual manner, the same as if the tree had been planted in the garden. If the tree was planted in the garden and overhangs the courtyard, it’s as if it had been planted in the courtyard and one may only eat the fruits one at a time.

Hilchos Maaser 4:17

If a vine is planted in a courtyard, one may not pick and eat a whole cluster. Rather, he may pick and eat grapes individually. The same is true of pomegranates: one may not take the whole pomegranate. Rather, he may split the pomegranate while it’s still on the tree and eat seeds from it. Likewise a watermelon, one may bend it to the ground and eat from it. If someone was eating a cluster of grapes in a garden and he brought it into a courtyard, he must stop eating from it until he tithes it; this is so even if he subsequently leaves the courtyard.