According to all those who say that the Apitropos is given permission to take Maaser because of Hefker Bes Din Hefker, why do they need to take Maaser at all? There's a din that if someone is koneh a hefker item, they don't need to take Truma or Maaser!
Adam, Kiryat Ye'arim
Dear Adam,
Here, "Hefker" means that the Rabanan have the power to change ownership and put the produce in control of the Apotropos straight from the original owner, as if he had purchased it or received it as a gift. There is no time that the produce was actually Hefker.
All the best,
Reuven Weiner
I thought that there was a machlokes amongst Rishonim (brought by Rabbi Akiva Eiger and the Machaneh Ephraim) about if beis din can make it hefker and give it or just make it hefker but that everyone says it becomes hefker. Is that correct? If so, what's the explanation? Thanks
Dear Akiva,
Good point. I asked a big Talmid Chacham who gave me the following explanation: Chazal were not interested in erasing the Ma'aser here. But in order to give control to the Apotropos, Hefker Beis Din is needed. Even if this normally results in being Patur for Ma'aser, you have to say that Chazal left a Chiyuv d'Rabanan in this situation.
All the best,
Reuven Weiner