Question:
Are citrus fruit similar to esrogim regarding when they are subject to kedushas shevi’is?
Introduction:
The Gemoro in Rosh Hashannah (14b, 15) discusses at length the status of esrogim regarding orlah, shevi’is, terumos and ma’asros. The reason that an esrog has a different status to other fruits is because one of the properties of an esrog is that it continues to draw in water and grow until it is picked, in a similar way to vegetables (Gemoro Kiddushin 3a).
Discussion: Esrogim that reached the stage of chanoto during the sixth year (of the shemittah cycle) and were cut during shemittah year, according to most opinions (Rashi, Tosfos and the Ra’avad) are considered fruit of the sixth year and consequently are not subject to kedushas shevi’is or dinei shemittah.
However, the opinion of the Rambam is that esrogim that are harvested during the shemittah year are subject to dinei shemittah despite having reached the stage of chanoto during the sixth year. The opinion of the Rambam is quoted by the Shulchan Aruch (Yoreh De’ah Siman 331 Se’if 126).
Paradoxically, although the Rambam maintains that kedushas shevi’is is determined by the year of harvest, regarding terumos and ma’asros the Rambam maintains that esrogim that began to grow during the sixth year and were harvested during shemittah are obligated in ma’asros (as per fruit of the sixth year of the shemittah cycle) even though shemittah produce is exempt from terumos and ma’asros. Therefore, esrogim that began to grow during the sixth year and were harvested during shemittah are obligated in ma’asros as well as being subject to kedushas shevi’is.
The minhag is to be choshesh for this opinion (of the Rambam and Shulchan Aruch) and consider all esrogim that are harvested during the shemittah year as having kedushas shevi’is (Chazon Ish Siman 7:16).
Esrogim that reached the stage of chanoto during the shemittah year and were harvested during the following year (“sheminis” or first year of the next shemittah cycle) are subject to kedushas shevi’is and dinei shemittah according to all opinions (even the Rambam).
Regarding other citrus fruits, the Chazon Ish writes (Shevi’is Siman 7:16) that since they possess similar properties to esrogim (regarding irrigation and the structure of the fruit) they may actually be a species of esrog. Therefore, regarding ma’asros, the Chazon Ish writes that if other citrus fruits reach the stage of chanoto during one year and are harvested the following year, one should separate ma’asros based on the year of chanoto (as per other fruits) and based on the year of harvest (as per esrogim) and therefore (where applicable) should take both ma’aser sheni and ma’aser oni.
Returning to shemittah, the Chazon Ish (ibid Siman 21:16) writes that regarding other citrus fruits one can rely on the opinions of Rashi, Tosfos and the Ra’avad who maintain that even regarding esrogim the stage of chanoto determines their shemittah status. Therefore, other citrus fruits that reached the stage of chanoto in the sixth year and were harvested during shemittah are not subject to dinei shemittah (as per other fruits).
Citrus fruits that reached the stage of chanoto during the shemittah year and are harvested during the following year (“sheminis” or the first year of the next shemittah cycle) are subject to kedushas shevi’is and dinei shemittah according to all opinions (as per esrogim and all other fruits).
Conclusion: Citrus fruits other than esrogim that reached the stage of chanoto in the sixth shemittah year and were harvested during shemittah are not subject to dinei shemittah.
Citrus fruits that reach the stage of chanoto during the shemittah year and are harvested during the following year (“sheminis” or first year of the next shemittah cycle) are subject to kedushas shevi’is and dinei shemittah according to all opinions (as per esrogim and all other fruits). |