3,497. Second Tithe Outside of Jerusalem

Hilchos Maaser Sheini and Neta Revai 2:5

One who eats an olive-sized volume of second tithe produce or who drinks a reviis of second tithe wine outside of the Jerusalem city walls is liable to the penalty of lashes as per Deuteronomy 12:17: “In your gates, you may not eat the tithe of your grain, wine and oil.” One is liable to lashes for each of these things separately, so if he eats all three outside of the Jerusalem city walls, he is liable to three sets of lashes. This is as per Deuteronomy 14:23: “you shall eat before Hashem in the place He will choose to cause His name to dwell.” This law applies regardless of whether or not the Temple is standing, but we only eat second tithe when the Temple is standing as it says: “you shall eat before Hashem... the tithe of your grain, wine (and) oil” (ibid.) and “You may not eat the tithe of your grain, wine and oil” (12:17, above). The Torah mentions each item separately in order to make a person separately liable for each one.

Hilchos Maaser Sheini and Neta Revai 2:6

Under Biblical law, one is not liable to lashes for eating second tithe produce until it has entered the walls of Jerusalem, as per the aforementioned verses “You may not eat... within your gates” and “You shall eat before Hashem.” Once the produce enters Jerusalem – where it should be eaten – if it is then eaten elsewhere, one is liable to lashes. However, if one eats second tithe produce before it enters Jerusalem, he is given stripes for acting rebelliously.