3,401. How Big is a House?

Hilchos Maaser 4:2

The Rambam opines that lashes are only given under Biblical law for eating untithed produce when it became liable to tithes by bringing it into the house, as per on our oral tradition. If the produce became liable to tithes in one of the six ways discussed in the previous chapter, he is given stripes for acting rebelliously as called for under Rabbinic law. Similarly, one who eats from produce that he plans to take to market after its labors have been completed receives stripes for acting rebelliously, as has already been discussed. This is because one who completes such labors to sell the produce is only obligated in tithes under Rabbinic law.

Hilchos Maaser 4:3

If a house is smaller than four cubits by four cubits (about six feet by six feet), it doesn’t render produce liable to tithes. Similarly, a roof doesn’t render produce liable even if the house under it would. However, if the roof was not four cubits by four cubits, such as if the house narrowed as it went up, bringing the produce there doesn’t exempt it from tithes. Rather, it is considered part of the house’s airspace.