Question:What are the dinim applicable to sefichim, and what plants are included in the prohibition of sefichim? Introduction Sefichim refers to produce that is typically planted every year (such as vegetables, grains and pulses) that grew during shemittah – even spontaneously (Rambam Hilchos Shemitta Perek 4 Halocho 3). Although min hatorah this produce may be eaten, Chazal prohibited these food items because of transgressors who would plant during shemittah and claim that the produce grew spontaneously (Rambam ibid Halocho 1-2). It should also be mentioned that in addition to the issur of sefichin applying to produce that grew by itself during shemittah, the Chazon Ish (Shevi’is Siman 10 sk. 6) maintained that it also applies to produce that was actually planted by a Jew during shemittah.] Plants Included in the Prohibition of Sefichim The prohibition of sefichim applies to human food and to animal food (Chazon Ish, Rav Shlomo Zalman), but not to items that are not subject to kedushas shevi’is (Derech Emunah Shevi’is Perek 4 s.k. 16, Rav Shlomo Zalman). Therefore, inedible seeds are not subject to the issur of sefichim. Regarding vegetables that last for several years and are not planted annually, the Mishpetei Eretz (Perek 16 Se’if 5) rules stringently and prohibits them to be eaten. He explains (in footnote 11) that it appears that when Chazal forbade produce and vegetables in the prohibition of sefichin they did not differentiate between different species and also forbade those species that are not planted annually. (He infers that this was the position of the Chazon Ish as well.) Regarding bananas, the Mishpetei Eretz (ibid footnote 11) writes that the minhag is to be lenient regarding sefichin and permit bananas that grew by themselves during shemittah (see Derech Emunoh Shevi’is Perek 4 s.k. 20), even though regarding other dinim bananas are sometimes classified as vegetables [e.g. regarding their brocho rishona which is borei pri ho’adomo]. He quotes various explanations for this: • Bananas are often not planted every year but reproduce by new shoots growing out of older branches. Therefore, the concern that these may be planted during shemittah is minimal, and consequently they are not forbidden as sefichin. The first explanation given can presumably be applied to passion fruit, because the passion fruit vine remains for several years, and therefore there would be no reason for passion fruit to be included in the prohibition of sefichin. Exceptions to the Issur of Sefichim The issur of sefichim does not apply to fruit that grows on trees (Rambam ibid Halocho 3) or bushes, provided that the bushes bear fruit for several years (Mishpetei Eretz Shevi’is Perek 16 Se’if 5 based on the Rambam). Produce that grows in a field owned by a non-Jew is not subject to the issur of sefichin (Rambam ibid Halocho 29). The reason the Rambam gives is because Chazal only prohibited sefichim because of transgressors, and non-Jews are not commanded to keep shemittah, therefore the Rabbinical enactment is not applicable here (Rambam ibid). Other Uses with Sefichim Both the Mikdash Dovid and Rav Shlomo Zalman discuss and deliberate if sefichim are issurei hano’oh or not. The Chazon Ish (Shevi’is Siman 13) writes that sefichim are forbidden to eat and to use for other uses, but they are not technically issurei hano’oh. Therefore, it is forbidden to plant sefichim or to feed them to an animal because this is considered using sefichim, which is forbidden. Rav Nissim Karelitz maintained that it is forbidden to sell sefichim to a non-Jew, because this too is “using” sefichim. Juice extracted from sefichim is forbidden to drink (Rambam Hilchos Ma’acholos Assuros). |
Shemitta
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