Forgot which fruit were Ma’aser

11.07.19

Question

Question :
I have grapes in my garden here in Moshav in Eretz Yisrael. I picked all the grapes brought them into the house and did Terumah and Ma’aser. I left them on the table and went out to Arvit. When I came back I realized that I want to sure which grapes were Terumah and which were not. I guess I wasn’t so careful in making it clear. They are sitting on my table and I won’t mix them together, but what should ti do?

 

Answer

Answer:
The beat would be to go to a Chacham who knows the halachot of Terumah and ma’aser and Halachot of Nedarim and have him annul your Terumah so that everything will revert to being Tevel and then you may go home and just redo the Terumah and maser and be more careful.

Explanation:
The Gemara in Nedarim  59a writes: …but Terumah you may ask for a heter and undo it if you want…
It seems from the Gemara that it is possible to annul Terumah which you separated just like you may annul oaths and it will return to its Tevel state. The Rishonim argue how we may do this.
The Ran there understands that Terumah can be annulled like other oaths through finding a loophole and regret. The Meiri though writes Terumah needs more than regret that you separated it, it needs to have bee a mistake, like if he took Terumah for the wrong pile of grain and he would not have given from it.

The Shulchan Aruch (YOD 331:48) writes: one who separates Terumah and Maser and changes his mind he can go to a Chacham and ask him to annul it like we annul other oaths and it will revert. So rules the Rema by Challah (323:1) which he separated and it got mixed into other dough accidentally, that you may go to a Chacham and he can annul the Hafrashat Challah.

The Taz argues though, that regret that it got mixed is not enough to give you permission to annul the Terumah, rather you need to regret doing the Hafrasha in the first place.
However, the Shach and Bet Yaakov argue on the Taz.

It seems from here that one may go to a Chacham who knows these halachot and annul the separation and then go back and take off Terumah and ma’aser without a bracha. Even though it seems that if you annul the Terumah the original bracha is a bracha Levatala. The is not true as the Rashash answers according to Tosfot, in Taanit 11 that one who mentions Anenu in Shemoneh Esrei on a Taanit but was not able to finish his Taanit, the  Anenu he said in the Tefilla is not a lie. Since at the time his intent was to finish the fast so ti was not a waste. So too here, since he wanted to take Terumah, even if it was nullified retroactively. Any bracha where the mitzvah was nullified retroactively, the bracha does not become in vain. So writes the Ritva in Chullin 106b. He writes someone who washed Netillat Yadayim for the meal and makes the bracha and in the end does not eat it. His bracha is to in vain in when he washed he had in mind to eat it he was doing a mitzvah so it was not in vain.

So too here he may do annulment of the Terumah and the bracha will not be in vain and it will be permitted to do that and you may go back do Terumah again.   

 

Comments