3,465. Seeing an Untrustworthy Person Take Tithes

Hilchos Maaser 12:4

If we see someone who is not trustworthy regarding tithes taking terumas maaser from his own demai produce and we later see it fall back in – either into that produce or other produce – and the person says that he separated it, he is believed even on a weekday and we may eat the produce on his say-so. This is because just as unlearned people are in awe of Shabbos, they are in awe of terumah mixtures (which carry the penalty of death from Heaven) and we don’t suspect that they would cause others to eat such produce.

Hilchos Maaser 12:5

If we see an untrustworthy person taking first tithe and he says that he also took second tithe, he is believed; if we saw him take second tithe and he says that he also took first tithe, he is not believed because the owner gets to keep second tithe. Therefore, one who is trusted about second tithe is not trusted about first tithe, but one who is trusted about first tithe is also trusted about second tithe. Consequently, if one who is untrustworthy about tithes brings produce from his home and says that it’s first tithe, he is believed and terumos and maaseros need not be taken from it. If he says that it’s second tithe, he is not believed. The produce is therefore considered demai and we must take terumas maaser from it. The Rambam opines that he must redeem (as second tithe) all of it (including what he took as terumas maaser).