Q. Recently a Sephardi Rabbi (Yonatan Halevy) posted on Facebook that Fruits and Vegetables from Israel grown for markets outside Israel do not require Terumah and Ma’aser according to the rulings of Rabbi Ovadia Yosef.
Does this ruling only apply to the Sephardim? Or is this something that applies to all Jews?
He used the following references:
—Edit: As was pointed out (evident in the notes of the Chazon Ovadia) the Rambam and Maran rule this explicitly in Hilchot Terumot 1:29 (22 in some editions).
—They believe that these fruits and vegetables require “Terumah” and “Ma’aser” tithes taken from them, something which is not entirely true. Produce grown in Israel - for the Israeli market, require tithing. But what about produce grown in Israel for export to other markets?
Rabbi Ovadia Yosef was asked this exact question in his monumental work Yabia Omer (also codified in his concise book of laws, Chazon Ovadia) - and ruled leniently in this matter, declaring all such produce permissible without any need to take tithes from it.
A. Rambam (H. Trumos 1: 22) rules that fruits grown in Eretz Yisroel that were exported to Chutz Laaretz, are exempt from Trumos and Maasros. However, Ra' abad, Mishne Lemelech and others disagree with the opinion of the Rambam, especially if the produce became already liable for the gifts while in the land.
Beis Avi (1: 85-86) and Hagraz Meltzer zt'l (Otzar Terumos 2: 128) maintain leniency if the produce was grown specifically for export purposes.
However, Chazon Ish, Igrois Moshe (Y. D. 3: 127) and Mishnas Aharon (1: 40) are stringent and rule that they do require separation of Terumos and Maasros. Mishne Halochos (2: 238) follows their opinion, unless there is added doubts on the liability, such as a separation was already done etc.
Horav Shlomo Miller's Shlit'a opinion is to follow the established opinion of the Poskim that are stringent, as is already the tradition of most accepted kashruth organizations.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Important Numbers
