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Maaseros 3:9-10

Maasros 3:9

One may take a whole cluster of grapes untithed from a vine that was planted in a courtyard; the same is true with a pomegranate and a melon. This is the opinion of Rabbi Tarfon. Rabbi Akiva says that one may take grapes from the clusters, seeds from the pomegranate and slices from the melon. If coriander was planted in a courtyard, one may pluck and eat a leaf at a time but together would require tithing. Savory (an herb of the Satureja family), hyssop and thyme must be tithed if they are guarded (i.e., not free for all).

Maasros 3:10

If a fig tree in a courtyard hangs over a garden, a person in the garden may pick fruit and snack on it in the normal fashion without tithing it. If a fig tree in a garden hangs over a courtyard, a person in the courtyard may eat individual figs without tithing; if he took some together, they must be tithed. If a tree stands in Israel and reaches outside of Israel, or vice versa, everything depends on where the tree is planted. A tree in a walled city (whose branches extend outside) follows the roots (vis-à-vis redemption); a tree in a city of refuge follows the branches (so that a manslaughterer under the branches has sanctuary); a tree planted in Jerusalem follows the branches.

Author: Rabbi Jack Abramowitz