3,493. Mixing Up Produce From Different Years
Hilchos Maaser Sheini and Neta Revai 1:11
If produce of the second year gets mixed with produce of the third year, or that of the third year gets mixed with that of the fourth year, we follow the majority of produce in the mixture. If they’re 50/50, we take second tithe from the whole thing, but not maaser ani. This is because maaser sheini, which has sanctity, is a stronger obligation than maaser ani, which is secular produce. Similarly, if there’s a doubt as to whether produce is second-year produce or third-year produce, second tithe is taken from it.
Hilchos Maaser Sheini and Neta Revai 1:12
If produce is exempt from first tithe, it’s also exempt from maaser sheini and maaser ani; if produce is obligated in first tithe, it’s also obligated in maaser sheini and maaser ani. Whoever can separate terumah can also separate tithes, while those who may not separate terumah may likewise not separate tithes. Regarding those who shouldn’t take terumah, but if they do it’s valid, the same is true regarding tithes. Finally, regarding those who shouldn’t take terumah, and if they do it’s invalid, the same is true regarding tithes.