Tithes — Rosemary Picked from a Municipal Garden | Theft and robbery | Sheilot

Tithes — Rosemary Picked from a Municipal Garden

Question

I picked a small amount of rosemary (a spice plant) from a public bush on the street or in a park in Jerusalem. Is there a prohibition of theft in this, since the bush belongs to the municipality? And is municipal property considered hefker with regard to tithing?

Answer

Shalom uverachah 

There is a doubt whether rosemary is obligated in tithing or whether its status is that of a “spice,” and therefore it should always be tithed without a berachah. 

In addition, a bush belonging to the municipality is not considered definite hefker, and it must be tithed without a berachah. 


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