Are Teas Subject to Tithes?

Q. Must Terumah and Ma’aser (tithes) be separated from tea or herbal leaves that are grown in Israel?

A. Tosofos (Nida 50a s.v. Kol) writes that there are two categories of spices with regard to Teruma and Ma’aser: a) Spices that are eaten together with other foods. These require the separation of teruma and ma’aser. b) Spices that are removed after the cooking and are discarded. These do not require Teruma and Ma’aser. It should follow that tea and herbal leaves do not require separation of Teruma and Ma’aser since the tea leaves are removed after brewing and are not consumed. Indeed, many Poskim rule this way. However, Rav Sternbuch (Teshuvos V’Hanhagos 4:250) writes that tea leaves are not the same as spices that are discarded. Ordinarily, a spice is added to add flavor to another food. Since it is not the main ingredient and it is discarded, it lacks importance, and Teruma and Ma’aser are not required. On the other hand, tea leaves are more than a flavoring agent. The leaves are the essential ingredients in tea. Because the tea leaves are significant, Teruma and Ma’aser should be separated.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.