The agricultural laws of tithing are complicated and difficult especially if you're like me and have no real experience farming. Daf TB Rosh Hashana 15 debates what signifies which year of the seven year cycle the tree is in. Is it when the friut emerges (hanita-חָנִיטָה) or is it when the fruit is picked (lekita-לְקִיטָה )? How do you decide what ma'aser, tithe, either ma’aser sheni or ma’aser oni to give when the friut emerges in one year, but picked in the following year? Throw in the sabbatical year to complicate matters when no ma'ser is given because all the fruits and vegetables become ownerless (הֶפְקֵר).
“The baraita continues: But in the case of trees that produce only one brood of fruit, for example, palm trees, and olive trees, and carob trees, which yield fruit only once a year, although their fruit took form before the fifteenth of Shevat, they are tithed in accordance with the coming year, since they follow the time of their fruit’s picking. According to Rabbi Neḥemya, most fruit will be tithed according to the time that the fruit is picked, since only a minority of fruit trees produce two crops a year…
“Reish Lakish raised an objection to the opinion of Rabbi Yoḥanan from a mishna that teaches: In the case of white fig trees, the Sabbatical Year for them with regard to the halakhot of eating and elimination is in the second year of the Sabbatical cycle, due to the fact that their fruit grows for three years, and so the fruit that ripens in the second year of the Sabbatical cycle had already taken form in the previous Sabbatical Year. This indicates that the tithe follows the time of the formation of the fruit and not the time of picking.” (Sefaria.org translation)
It seems to me that the time that the fruit is picked determines which ma'aser is taken with the exception of white figs. There emergence of the fruit determines the status of the white figs. (Rambam, Mishneh Torah, Sefer Zera'im, Hilkot Ma'aser Sheni, chapter 1 halakha 3-see also the Rabbi Abraham beb David's comments as well and Ibid, Sefer Shemita, chapter 4 halakha 16)
I'm glad that these laws don't apply in the diaspora when the Temple isn't standing. Just one less thing I have to worry about because figs are one of Judy's favorite fruits. This spring she bought and planted a fig tree. It doesn't produce white figs so we've enjoyed some of his produce. Nevertheless, we may have to wait many years to enjoy the full bounty because some animals have enjoyed the fruit before we could pick them.
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