[Avodah] [Areivim] kosher cabbage

[kennethgmiller at juno.com]

R' Liron Kopinsky wrote:

> I might be remembering incorrectly, but I think I just saw in the
> Piskei Chazon Ish (which can be found at the back of some Kitzur
> Shulchan Aruchs [Or is it Kitzurei Shulchan Aruch?]) that any food
> from EY is chayav in all T/M/Orlah etc. even if the fruit itself
> is outside the land currently.

This is [almost - see below] correct, even if it was grown specifically for export. You are probably referring to the KSA supplement written by Rav Kalman Kahana; this is in section 2:17 there. And another sefer I have gives the source as Chazon Ish Demai 15:4 and Shviis 2:2.

Technically, it is important to know that the halachos of Terumos and Maasros are chal NOT when the produce is grown, but at a specific point in the processing called "miruach", which might best be translated as "completion of the harvesting". This varies according to the type of food; for grain, which is cut and made into a pile, this occurs when the pile is neatened and smoothened (which is the literal meaning of the word). (See, for example, Rambam Hilchos Maaser 3:13) This is rarely of any practical consequence, because the miruach almost always occurs near the place where the food was grown. 

However, in the rare case where food was grown in Chutz Laaretz and had its miruach (or its "kviyus", which has the same effect) within Eretz Yisrael, Trumah and Maaser must be taken. (Mechaber YD 331:12) And if food was grown in Eretz Yisrael and had its miruach in Chutz Laaretz, Trumah and Maaser do NOT need to be taken. (Igros Moshe YD 2:144)

R' Micha Berger wrote:
> I, OTOH, believe it would be a mitzvah derabbanan of removing
> demai, and thus require a berakhah.

There is no demai today. Demai existed when most Amei Haaretz could be relied upon to take Terumah Gedolah, but not the other portions. What we have is Safek Tevel; either everything was done properly, or nothing was done properly. (The Shoneh Halachos 261:7 quotes this in the name of Chazon Ish Demai 15:4.)

R' Yitzchok Levine wrote:
> And how is one supposed to know with certainty anything about
> the status of fruits and vegetables that are exported to the US?

By asking the experts. The OU, at http://www.oukosher.org/index.php/common/article/separating_terumah/ writes:

> Many people mistakenly believe that the Chief Rabbinate of
> Israel separates terumah and ma’aser from all produce exported
> to America. Our office clarified this matter with the Rabbanut
> and, regrettably, this is presently not the case.
> ...
> No blessing is recited because of the possibility (though remote)
> that terumah and ma’ aser were separated in Israel.

R' Yitzchok Levine wrote:

> My point was that if teruma was already taken, then separating
> teruma a second time does not seem to me to be a mitzva. Thus,
> in those cases where one is in doubt and teruma was indeed already
> taken, it seems to me that one has not done any sort of mitzvah by
> separating teruma a second time.
> Thus, if one buys Israeli produce that is exported to America, it
> seems that one should not make a bracha and that one may not even
> fulfill a mitzva by taking teruma without making a bracha, since
> teruma may already have been taken.

The matter seems identical to where I already took my lulav and esrog, and then I realized that one of the minim *may* have been pasul, so I obtain a vadai kosher one, and shake again. Do I say a bracha? Certainly not. Was it a mitzvah? Well, on the first day, one could argue that it constitutes a mitzvah of Safek D'Oraisa L'Chumra. And even on Chol Hamoed, it is certainly a good idea, even if it is admittedly Safek Not A Mitzvah.

Akiva Miller

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