3,430. A Kohein Who Sells a Field Conditionally

Hilchos Maaser 6:19

If a kohein sells a field to a Yisroel on the condition that its tithes would belong to him forever, the condition is binding because such a condition is comparable to reserving for himself where the tithes grow. If that kohein dies, his son is like any other kohein (i.e., he doesn’t inherit the condition). If the condition was that the tithes would belong to him and to his son, then the son would receive the tithes in the event of the first kohein’s death. Let’s say that the kohein sold the field with the condition in effect so long as the buyer owns the field. If the buyer sells it to a third party, the kohein ceases to be entitled to the tithes. This is true even if the original buyer later repurchases the field from the third party.

Hilchos Maaser 6:20

If a Yisroel receives a field as a sharecropper from a kohein or a Levi on the condition that the tithes would be his (i.e., the Yisroel’s) for four or five years, it is valid. The Yisroel may not make a condition that the tithes should be his forever because a kohein cannot reassign his rights to a non-kohein. Similarly, if a Levi owes money to a Yisroel, the Yisroel may not get produce from others and put the tithes aside for himself until the Levi’s debt is repaid. This is because a Levi may not reassign his rights to the non-Levi creditor enabling him to collect tithes from others.