2. Question:Are fruit that grow in land owned by non-Jews in Eretz Yisroel subject to dinei shemittah? Introduction: Fruits, vegetables, produce and pulses that grow in Eretz Yisroel during shemittah and are classified as food (even animal food) are subject to kedushas shevi’is. It must be mentioned that vegetables, produce and pulses that are typically planted every year and grow even by themselves during shemittah (according to the stages delineated above) are subject to the prohibition of sefichim and cannot be eaten at all. However, that which grows in land belonging to a non-Jew in Eretz Yisroel is not subject to the prohibition of sefichim. Food items that are subject to kedushas shevi’is (that are not sefichim) can be eaten normally but cannot be destroyed or actively wasted. I.e., one cannot throw food items that are subject to kedushas shevi’is into a dustbin, where they will be considered unfit for consumption by most people. Fruit (or vegetable that are not sefichim) that are usually eaten raw, may not be cooked (even if one intends to eat them after cooking). That which is classified as having kedushas shevi’is is also obligated in bi’ur: Bi’ur is the obligation to destroy (or according to some opinions to be mafkir) a food item that has kedushas shevi’is at the time when this particular species of food is no longer available in the field. Discussion: Regarding food items that grow in land owned by non-Jews in Eretz Yisroel, there is a major debate among the Poskim as to whether they are subject to kedushas shevi’is: The opinion of the Mahari Korkus, Mabit, Maharit, Charedim, Shelah and Chazon Ish is that these food items are subject to kedushas shevi’is. However, the opinion of the Beis Yosef (in his sefer Avkas Roichel) and the Pe’as Hashulchan is that food items that grow in land owned by non-Jews in Eretz Yisroel are exempt from kedushas shevi’is. This is also the longstanding and established minhag in Yerushalayim. Conclusion: Whether food items that grow in land owned by non-Jews in Eretz Yisroel are subject to kedushas shevi’is is a major machlokes among the Poskim. Although there is certainly room for leniency (since we are dealing with an issur d’rabonon, and additionally the established minhag in Yerushalayim is to be lenient and treat these food items as not having kedushas shevi’is) it would be prudent to act stringently if possible and treat all food items grown in land owned by non-Jews in Eretz Yisroel as having kedushas shevi’is. |
Shevi’is
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