3,412. A Gift of Produce

Hilchos Maaser 5:6

Giving produce as a gift doesn’t obligate it in tithes as a sale does. If an unlearned person is passing through the market offering people figs, one may eat some without any concern about tithes because a gift doesn’t effect the obligation. However, if most people in that place bring their produce home (before bringing it to market, which would obligate it in tithes), one must separate tithes. If most people bring their produce straight to the market, then one should rectify it as one would for doubtfully tithed produce (demai) because maybe the seller tithed it before bringing it to market. If the unlearned person told recipients to bring the figs home, then when one gets home he must tithe them like he would demai. If he gave him a large volume of produce, even if he told the recipient to eat it, it’s the same as if he told him to bring it home and one may not eat from it until he rectifies it as he would demai. Similarly, if the unlearned person gave him produce that isn’t typically eaten raw, or if the recipient is a great person who normally wouldn’t eat in the marketplace, then he must rectify the produce as one would demai.

Hilchos Maaser 5:7

Let’s say that there were two people. If the unlearned person told one of them to take the produce and eat it, and he told the other one to bring it home, the first person may eat it exempt from tithing, but the second person must tithe it in order to eat from it.