“Question: Does the prohibition of sefichin apply to passion fruit?
Discussion: The Rambam (Hilchos Shemittah v’Yovel Perek 4 Halochos 1-5) writes that any produce that grows during shemittah (including vegetables and grasses that grew by themselves) are termed sefichin. Although sefichin are completely permitted min hatorah they are forbidden to be eaten midrabonon [although there are conflicting opinions in the Gemoro Pesochim 51b about whether sefichin are prohibited min hatorah or mid’rabonon the Rambam rules that the prohibition is mid’rabonon].
The Chazon Ish (Shevi’is Siman 13 sk. 16) writes that although sefichin are not technically issurei hano’oh [forbidden to benefit from], they are forbidden to use. For example, it is forbidden to plant sefichin, or to smell sefichin that have a favourable fragrance.
The Rambam (ibid) explains that the reason sefichin are forbidden midrabonon is because of transgressors who would secretly plant during shemittah [and planting during shemittah is forbidden] and claim that the produce grew by itself. Therefore, Chazal forbade all produce that grows by itself to prevent and deter people from violating shemittah laws.
[It is worthwhile mentioning that in addition to the issur of sefichin applying to produce that grew by itself during shemittah, the Chazon Ish (Shevi’is Siman 10 sk. 6) maintains that it also applies to produce that was actually planted by a Jew during shemittah.]
The Rambam (ibid) continues and says that the only shemittah produce that may be eaten is fruit [of trees] and grasses that are not typically planted [annually, and therefore they are not included in the prohibition of sefichin]. However, vegetables, grain and pulses that are typically planted [annually] are forbidden because of the Rabbinic prohibition of sefichin [even if they grew by themselves].
• Based on this Rambam, the Mishpetei Eretz (Shevi’is Perek 16 Halacha 5) rules that bushes that last for several years are also not subject to the prohibition of sefichin. [It appears that he compares bushes that remain for several years to trees that are not typically planted annually].
• Regarding vegetables that last for several years and are not planted annually, the Mishpetei Eretz (ibid) rules stringently and prohibits them to be eaten. He explains (in footnote 11) that it appears that when Chazal forbade produce and vegetables in the prohibition of sefichin they did not differentiate between different species and also forbade those species that are not planted annually. (He infers that this was the position of the Chazon Ish as well.)
• Regarding bananas the the Mishpetei Eretz (ibid footnote 11) writes that the minhag is to be lenient regarding sefichin and permit bananas that grew by themselves during shemittah (see Derech Emunoh Shevi’is Perek 4 s.k. 20), even though regarding other dinim bananas are sometimes classified as vegetables [e.g. regarding their brocho rishona which is borei pri ho’adomo]. He quotes various explanations for this:
Bananas are often not planted every year but reproduce by new shoots growing out of older branches. Therefore, the concern that these may be planted during shemittah is minimal, and consequently they are not forbidden as sefichin.
The banana plant only yields fruit about a year and a half after it begins to grow.
The first explanation given can presumably be applied to passion fruit, because the passion fruit vine remains for several years, and therefore there would be no reason for passion fruit to be included in the prohibition of sefichin.
Conclusion: Regarding the issur of sefichin applying to passion fruit, although the vine-like structure of the passion fruit plant does raise discussion regarding the brocho rishona; however, regarding shemittah since the vine remains for several years (and only individual branches wither) it appears that it is not included in the prohibition of sefichin.
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