Question:According to the opinions who maintain that yevul nochri is subject to kedushas shevi’is, how is it possible to buy and sell this produce? Introduction: The Beis Yosef (Shut Avkas Rochel Siman 24) obligates produce grown on land owned by a non-Jew in terumos and ma’asros, provided that meiru’ach on the produce was performed by a Jew. The Beis Yosef (ibid) explains his position and says that the only reason to exempt [standard] shemittah produce from terumos and ma’asros is because the produce is hefker, therefore if the produce was never declared hefker it has not been exempted from terumos and ma’asros. However, the view of Mahari Kurkus, Mabit, Maharit, Chareidim, Shelah Hakodosh and Chochmas Odom is that produce grown on land owned by a non-Jew is subject to kedushas shevi’is, and even if meiru’ach on the produce was performed by a Jew the produce is exempt from terumos and ma’asros. The Chazon Ish (Shevi’is Siman 20) quotes the Pe’as Hashulchan (who maintains that there is no kedushas shevi’is on produce grown on land owned by a non-Jew in Eretz Yisroel) and claims that this position has no source in the Gemoro. The Chazon Ish continues and says that it appears that one should follow the view of the Maharit, Shelah and Chareidim because the Beis Yosef retracted from his position. Although the Chazon Ish does not quote any clear source for his argument that the Beis Yosef retracted from his position, he does mention in the same siman that “they testified that the Beis Yosef retracted”. The Chazon Ish concludes with a summary regarding land owned by a non-Jew and writes that it is forbidden to work on this land [because the acquisition of the non-Jew does not absolve the land from shemittah] and one should treat the produce of this land with kedushas shevi’is, and separate terumos and ma’asros without a brocho. |
Shemitta
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