A Publicly Owned Tree Maintained by a Private Individual
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Question
A lemon tree is located on municipal land. The area is fenced, but anyone can enter. There is a person who maintains and nurtures the tree, but it does not belong to him. However, he is strict with those who take from it, even though he knows it is not his. Are the fruits considered ownerless, and should tithes and offerings be separated with a blessing or without a blessing? Thank you very much.
Answer
Shalom Rav
According to the instructions of the Gaon, Rabbi Avraham Fried, shlita, it should be considered that in this case, the fruits are not deemed ownerless concerning tithes. Therefore, in this situation, tithes and offerings should be separated without a blessing.