TORAH VEHA'ARETZ BY RABBI MOSHE BLOOM INSTITUTE en.toraland.org.il This is the ruling of the Shulchan Aruch Separating (YD 331:1), including after the Temple’s destruction. Terumot and However, many halachic sources indicate Ma’aserot that this is not the halacha today. “Our Sages outside of the Land of Israel in Iraq Today separated terumah and ma’aser until the majority rescinded it.” The Tosafot Part I (Avodah Zarah 59a) note we are lenient based on this Yerushalmi not to separate Question: Is it still an obligation to separate t&m anywhere outside the Land of Israel. terumot and ma’aserot in Iraq? At the end of the Geonic period, Rabbi Tzemach b. Paltoy Gaon (Babylon 872–890) Answer: The Mishnah (Yadayim 4:3) writes that there is no obligation to do so. implies that the Prophets instituted the obligation of separating terumot The Radbaz II §659, (1476–1573, Egypt) and ma’aserot (t&m) in Babylon (Iraq), writes that the custom is not to separate while during the times of the Elders this t&m in Egypt or in other countries. institution was expanded to Egypt and This ruling is echoed later on by Aruch Amon and Moav (Jordan). HaShulchan (53:25) and today by Rabbi Shlomo Zalman Auerbach (Ma’adanei Rambam (Terumot 1:1) states: Eretz 1:6 §4). According to Scriptural Law, terumot and At least from the times of the Geonim, ma’aserot apply only in Eretz Yisrael … The certainly by the time of the Rishonim, the Prophets ordained that these obligations common practice was not to separate t&m. should be observed… in Babylon as well, because it is adjacent to Eretz Yisrael and Next week we will look at the circumstances the majority of the Jewish people journey that led to this ruling. to and from there. The Sages of the early generations ordained that they also be observed in the land of Egypt and the lands of Amon and Moav, because they are on the peripheries of Eretz Yisrael. 54 TORAH TIDBITS / MATOT-MAS'EI 5780.