Terumah and maser is know derababon (according to the Rambam and ShulchanAruch/rama) because we learn that you need bias kulchem from challah. If/when we have rov of the Jewish population in Eretz Yisrael will teruma and maser become deorisa? What are some of practical nafka minas of it becoming deorisa?
ari,
Your excellent question is discussed by different Acharonim. Rav Chaim Brisker's opinion according to the Rambam you noted (Hilchos Shemitah v'Yovel 12:17) is that it is not enough to have Rov Yisrael back in Eretz Yisrael to return the d'Oraisa status, because once the Kedushah of Eretz Yisrael was nullified regarding Terumos u'Ma'asros, the Jewish people need to be Mekadesh Eretz Yisrael again in order to restart that status.
The Chazon Ish (Shevi'is 25:5) argues that for Terumos u'Ma'asros, the Kedushah was never annulled and it is a technical matter, and if the majority of Jews indeed come to Eretz Yisrael, the d'Oraisa status will return automatically.
There are several opinions about how many Jews there are nowadays. Some say that now already most of the Jews live in Eretz Yisrael, while others say it is impossible to measure this, especially since it is sometimes very difficult to determine who is a Jew in some places of the world.
The main practical consequences would be in the area of a Safek, as we know that Safek d'Oraisa l'Chumra, while Safek d'Rabanan l'Kula (for example, see Pesachim 44a).
Aharon Steiner
Thanks for your interesting reply. I want to know what you think but I would think that either way we would not say safek derabanan lekulah. First of all it's a davar shi-yesh lo matirin and also I would think that produce is a davar shi-bi-minyan (because of its chaivus). If so, are there any other nafka minas? And while we are on the point, is produce considered a davar shi-bi-minyan? Would produce that are whole (like tomatoes and potatoes) be considered a beriah? If so that ould be another reason/reasons we would not say safek derabanon lekualah and lachurah we won't even say batel -rov.
Thank again for all your help and insights
Everything you write is theoretically right, although we need to examine each case before we can decide if we would consider it a Davar sheb'Minyan etc. What is considered Minyan, or when is something considered to have Matirin -- all of this is not always so simple and needs to be examined case by case.
There are still lots of different cases of Safek. For example, if there is a Sfeika d'Dina, which means that there is an resolved Machlokes about the Halachah, as a rule we go l'Kula, if the matter involves a Din d'Rabanan.
The Sugya of Sfeikos is a very complexed one, and it is difficult to summarize all of the details.
Kol Tuv,
Aharon Steiner