3,423. Selling or Gifting Tevel

Hilchos Maaser 6:5

Let’s discuss a type of produce whose seed doesn’t decompose. Let’s say that stalks of that produce reached a third of their growth, were harvested, their grainstack was smoothed (i.e., their labor was completed), and they were tithed. After this, they were replanted and grew larger. In such a case, there is a difference of opinion as to the course of action: perhaps they must be tithed under Rabbinic law because they grew larger. Alternatively, perhaps they need not be tithed because the seed – which doesn’t decompose – was already tithed and it still exists. This is not the same as the case of onions because it would be unusual to plant onions.

Hilchos Maaser 6:6

Let’s say that someone plants untithed produce, either of a species whose seed decomposes or one that doesn’t. If it can be gathered (before taking root) we penalize him by making him do so. If it’s already grown, we don’t make him pull up what he planted; such growth is considered regular produce. However, if the species is one whose seed does not decompose, then even produce that grows from the new growth is prohibited, even to the third generation. The fourth generation, however, is permitted. These new growths are prohibited because of the terumas maaser and terumah they contain. These rules also apply when one plants produce taken as the tithes but from which terumas maaser has not been taken. One may not sell untithed produce unless there is a compelling need, and even then it may only be sold to a learned person (who will know what to do with it). One may not send a gift of untithed produce, not even from one learned person to another. This is because one may assume that the other tithed it, which will result in untithed produce being eaten.