Question:
What is the institution of otzar Beis Din and what is the status of otzar Beis Din produce?
Introduction:
Produce that grows in Eretz Yisroel during shemittah is subject to kedushas shevi’is. Produce with kedushas shevi’is may be eaten but it is forbidden to trade with this produce.
Discussion: The source of the concept of otzar Beis Din appears in the Tosefta Shevi’is (Perek 8 Halocho 1-2). The Tosefta relates that Beis Din would sit at the entrance to the town, and when somebody would come with his produce, Beis Din would give the person from the produce the quantity of three meals and would place the rest of the produce in storage. When the season of each food item arrived, Beis Din would hire workers to perform the necessary work on the produce and would then distribute the produce each Erev Shabbos according to the number of members of each household.
We see from the Tosefta that Beis Din have the right to harvest shevi’is produce and to distribute this produce to the public. Regarding whether Beis Din are allowed to measure and/or weigh the shemittah produce, the Chazon Ish ruled that this is permitted. However, the minhag in Yerushalayim is that otzar Beis Din produce is distributed/sold without being measured and weighed (c.f. Mishmeres Hashvi’is – Rav Moshe Mordechai Karp).
We also see from the Tosefta (ibid Halocho 2) that the Beis Din are also allowed to hire workers to harvest the shevi’is produce. The contemporary Poskim write that Beis Din can charge the consumer to cover the costs incurred in the harvesting and distribution (Mishpetei Eretz Shevi’is Perek 13, Se’if 4) and this is not an issue of sechora (trade) with peiros shevi’is which is forbidden, because here the consumer is paying for the expenses incurred in the harvesting and distribution specifically and is not paying for the peiros shevi’is themselves. For the same reason, the payment is not classified as demei shevi’is and consequently the money is not subject to any shemittah restrictions, because it is not technically payment for peiros shevi’is, rather payment for the expenses incurred in the harvesting and distribution.
Regarding bi’ur on otzar Beis Din produce, according to the Ramban if the produce is under the auspices of otzar Beis Din when the time of bi’ur arrives, then there is no obligation of bi’ur. And similarly, if an individual takes or buys this produce after the time of bi’ur from otzar Beis Din, he can eat the produce and has no obligation of bi’ur. The Chazon Ish (Shevi’is Siman 11, 7) rules similarly.
It should be mentioned that otzar Beis Din produce is subject to kedushas shevi’is and must be eaten and disposed of accordingly. This means that the produce cannot be actively destroyed or ruined and can only be eaten as per other shemittah produce.
Summary: The institution of otzar Beis Din is the ability that Beis Din have to distribute shemittah produce. Although it is forbidden to trade in peiros shevi’is, Beis Din are allowed to hire workers to harvest and distribute shemittah produce and can charge the consumer for the expenses incurred, but not for the produce itself. Therefore, the payment is not classified as demei shevi’is and is not subject to any shemittah restrictions.
According to the Ramban if the produce is under the auspices of otzar Beis Din when the time of bi’ur arrives, then there is no obligation of bi’ur. And similarly, if an individual takes or buys this produce after the time of bi’ur from otzar Beis Din, he can eat the produce and has no obligation of bi’ur. |