Question:
How do we determine if produce which begins to grow in the sixth year and finishes to grow in the shemittah year is subject to dinei shemittah?
Discussion:
For produce to be subject to kedushas shevi’is it needs to reach a specific stage of development during the shemittah year:
• Grains, pulses, olives and grapes that reach a third of their development during the shemittah year are subject to kedushas shevi’is (c.f. Gemoro Rosh Hashanna 13b). Some authorities understand that this refers to a third of their projected volume or weight and some understand this to mean the stage when they are a third ripened.
• Other fruit (i.e. besides olives and grapes) that reach the stage of “chanoto” during the shemittah year are subject to kedushas shevi’is (Gemoro Rosh Hashanna 13b). The exact stage of chanoto itself is subject to dispute among the Rishonim; according to the Rambam the term “chanoto” refers to the stage of onas hama’asros and is roughly the stage where the fruit has grown a third (of its projected volume). According to Tosfos and the Rash, “chanoto” refers to the beginning of the development of the fruit.
• Vegetables have a different status to other items of produce, and they are subject to kedushas shevi’is if they are harvested during the shemittah year (Shulchan Aruch ibid Se’if 126).
The Gemoro in Rosh Hashannah (14b, 15) discusses at length the status of esrogim regarding orlah, shevi’is 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).
• Esrogim that reach 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 unequivocally by the Shulchan Aruch (Yoreh De’ah Siman 331 Se’if 126).
Paradoxically, although the Rambam maintains that kedushas shevi’is of esrogim 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 esrogim that are harvested during the shemittah year as having kedushas shevi’is (Chazon Ish).
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 and Shulchan Aruch).
Summary:
• Grains, pulses, olives and grapes that reach a third of their development during the shemittah year are subject to kedushas shevi’is.
• Other fruit (i.e. besides olives and grapes) that reach the stage of chanoto during the shemittah year are subject to kedushas shevi’is.
• Vegetables have a different status to other items of produce, and they are subject to kedushas shevi’is if they are harvested during the shemittah year
• Esrogim that reach 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.
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 minhag is to be choshesh for this opinion (of the Rambam and Shulchan Aruch) and consider esrogim that are harvested during the shemittah year as having kedushas shevi’is.
• 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. |