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Trumah

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Rabbi Chaim Tabasky

30 Kislev 5766
Question
Is there a difference in the requirements (in Israel)for taking Trumah/Ma’aser on fruits picked in the "public domain" if they are eaten outside or if eaten inside a dwelling? If the fruit tree is growing in a private domain but some of the fruit is outside the private domain & clearly in the public domain, may that "outside" fruit be picked and eaten as "hefker" and what are the requirements for Trumah and Ma’aser in The Land?
Answer
If the tree is privately owned, and the owner has not made the fruit hefker, trumot and ma'asrot must be taken even if the tree is growing in a public domain, certainly if some of the fruit overhangs a public domain. If the fruit is hefker (that is the owner specifies that anyone can pick and keep the fruit or the tree is unowned) then the fruit is exempt. If one picks an individual fruit and eats it outside, not in the framework of a meal, but as a snack, it is exempt.
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