From the Rav’s Desk: Shaalos Veteshuvos on Bikurim and more

Bikurim today

Question:

Does the Mitzvah of Bikurim exist today and what if someone designated a first fruit on his tree as Bikurim? We learned about Bikurim this past week in class and my teacher showed us a picture of a tree in her house in which she tied a string around a fruit of her tree saying she designated it as Bikurim as you have to designate your first ripe fruit to Hashem. I was wondering if this is something that we can do today and if yes, must we do so, as I also have fruit trees at home, and my parents never did it.

Answer:

No, the Mitzvah of Bikurim cannot be fulfilled today and even if someone designated a first fruit on his tree as Bikurim, it would not have any Kedusha status, and may be eaten as usual. This applies even in Eretz Yisrael [as in the Diaspora, the Mitzvah of Bikurim never applies, regardless]. Accordingly, what your teacher did was simply for show and tell, and it has no Halachic significance whatsoever.

Explanation: It states in scripture that the first of the fruits are to be brought to “Beis Hashem Elokecha.” The Tosefta learns from here that so long as there is a Temple, the Bikurim can be brought, while when there is no Temple, Bikurim cant be brought. So is likewise ruled in the Rambam. Furthermore, the Sifri states based on the verse “Lifnei Mizbeiach Hashem Elokecha” that so long as there is an altar the Bikurim can be brought, while when there is no altar, Bikurim can not be brought. Practically, whether due to the first or second reason, the Mitzvah of Bikurim is not possible today, and hence the Shulchan Aruch completely omits discussion of this Mitzvah. Now, regarding if even today it is possible to designate a fruit as Bikurim and give it the status of Hekdish [although, as already stated above, offering it is not possible], so this matter is debated amongst the Mefarshei Hamishneh, based on a Machlokes Tanaim between the Chachamim and Rebbe Shimon and as to whether their dispute is on the above matter, although practically according to all, the final ruling is that it cannot become Hekdish, as we rule like Rebbe Shimon in the above debate. Thus, even if someone designated a first fruit on his tree as Bikurim, it would not have any Kedusha status, and may be eaten as usual.

Sources: Encyclopedia Talmudit Erech Bikurim vol. 3 p. 300 footnotes 2-26; See regarding needing a Temple or altar for the Mitzvah to be fulfilled: Devarim 26:1; Tosefta Shekalim 3; Rambam Bikurim 2:1; Sifri Devarim ibid; See regarding status of Hekdish today of Bikurim designated fruit: Shekalim end of chapter 8 Machlokes between the Chachamim and Rebbe Shimon; Pirush of Rav Ovadia Bartenura and R”a Palda that they are arguing on status of Hekdish; Pirush of Rambam and Meiri that they are not arguing on status of Hekdish; Yerushalmi Shekalim end of Chapter 8 that we rule like Rebbe Shimon; See Mishpat Kohen [Kuk] 57