Question:Is there an issur of sechora with yevul nochri? Introduction: The Gemoro in Avodah Zara (62a) learns from the possuk “l’ochloh” that it is forbidden to trade with shemittah produce. The Rambam rules similarly (Perek 6 Hilchos Shemittah Halocho 1). The classic example of sechora is to buy shemittah produce intending to sell it. The Chazon Ish (Hilchos Shevi’is Siman 26 s.k. 6) writes that this is forbidden However, if a person buys shemittah produce for personal consumption he may sell the remainders to others (Rambam ibid Halocho 2). Yevul nochri is the term given for produce that has grown in land owned by a non-Jew in Eretz Yisroel. Regarding whether or not there is kedushas shevi’is on produce that grows on land owned by a non-Jew, the Beis Yosef (Shut Avkas Rochel Siman 22-25) maintains that there is no kedushas shevi’is. This is also the view of the Pe’as Hashulchan and the Beis Yosef (ibid Teshuva 24) writes that this was the accepted minhag in Yerushalayim. Additionally, the Beis Yosef (ibid) 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. 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. 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. Discussion: Regarding whether yevul nochri is subject to the issur of sechora, according to the Beis Yosef and Pe’as Hashulchan there is certainly no issue of sechora because they maintain that yevul nochri is exempt from kedushas shevi’is. Among the opinions that rule stringently and maintain that kedushas shevi’is does apply to yevul nochri there are differing views as to whether the issur sechora applies as well or not: According to the Mabit there is no prohibition of sechora with yevul nochri, but according to the Chareidim, Shelah and Chazon Ish the prohibition of sechora does apply to yevul nochri. |
Shemitta
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