Tithing Shmitta fruit

The final subject of Shmitta is that of tithing. The Gemorrah can be found in tractate Hagigah page 3b: In the lands of Amon and Moav the tithe in the Shmitta year is for the poor. What is the reason? Many cities were conquered by the Jews that came up from Egypt that were not conquered by the Jews that came up from Babylon; [and] because the first holiness of the land of Israel was only temporary, those places that were not included in the 2nd kingdom were left out of normal rules of the Shmitta year in order that the poor could get produce. Tithing produce grown in the land of Israel actually includes several different commandments of the Torah. Trumah and Trumas Maaser (total slightly more than 1% of the produce) goes to a Cohen. Maaser Rishon (total 9%) goes to a Levite. Maaser Sheni (total 10%) is eaten by the landowner in Jerusalem, although sometimes there is no requirement to tithe it. When there is no Maaser Sheni, there is Maaser Ani for the poor (total 10%). So we see that Maaser Sheni and Maaser Ani alternate with each other. The actual order of alternation over a seven year period is like this: First Year: Maaser Sheni Second Year: Maaser Sheni Third Year: Maaser Ani Fourth Year: Maaser Sheni Fifth Year: Maaser Sheni Sixth Year: Maaser Ani Shmitta Year: ?????????? Our gemorrah discusses what to do during the shmitta year, since the Torah did not mention its law specifically. The reason that the Torah did not mention the Maaser to give during the shmitta year is that since there is no real ownership of the produce that grows in the land of Israel during shmitta, there is nobody who needs to tithe. Where can we find Jews who tithe during shmitta? Outside the boundary of the holy land of Israel, Jews who live there and have produce should tithe. Our gemorrah says that the tithing should be Maaser Ani. For the strong hearted, I will go a step deeper: There is actually another way to commit oneself to tithe during shmitta even within the borders of Israel. Land owned by a non-Jew in Israel is free from all the commandments related to the Holy Land of Israel. Such land may be treated as outside of Israel since there is (almost) no difference between them. However, there is a small but important difference between land in Holy Israel owned by a non-Jew and land outside of Holy Israel: The actual moment the Torah places tithing requirements on produce is the "finishing touch" [GEMAR MELACHAH]. In other words, wine grapes should not be tithed until they are crushed and filtered to become wine. If a non-Jew owns land in Israel and sells wine grapes to a Jew - in any of the seven years - the Jew prepares his wine and suddenly the wine needs to be tithed. If the wine was from grapes of the first year - the Jew tithes and gives Maaser Sheni. If from grapes of the third year - the Jew tithes and gives Maaser Ani. So what if the wine-grapes were produced in land owned by a non-Jew during shmitta and crushed by the Jew who bought them? Should he tithe and if so, what is the tithe he should give? Our Rabbis in the time of the writing of the Shulchan Aruch disagreed on this subject. The conclusion for us is that the Jew must tithe. And what should be his tithe? The Rama in Shulchan Aruch (Yoreh Deah 331) holds that he tithes Maaser Ani, similar to our gemorrah. Harav Sternbuch Shlita in his book Shmitta Kehilchisah page 28 brings down other Rabbis that hold the tithe should be Maaser Sheni. Therefore Harav Sternbuch recommends tithing BOTH of them.

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