3,458. A Chaver and an Am Haaretz Splitting an Inheritance

Hilchos Maaser 11:5

If either party in a sale suggests that they tithe the produce being sold, the seller separates the terumas maaser and the buyer separates the second tithe. This is a condition enacted by the court and it applies to both small and large quantities.

Hilchos Maaser 11:6

Let’s say that a learned person and an unlearned person jointly inherit the estate of their father, who was an unlearned person. In such a case, the learned heir may tell his unlearned brother, “You take the wheat in location A and I’ll take the wheat in location B” or “You take the wine in location X and I’ll take the wine in location Y,” but he may not say, “You take the wheat and I’ll take the barley” or “You take the fresh produce and I’ll take the dry produce.” This is because the latter arrangements are tantamount to selling demai.