Question:
Is it possible to procure fruits and vegetables during shemittah that are exempt from shemittah restrictions? Discussion: There are various categories of fruits and vegetables that are exempt from shemittah restrictions: Yevul Chu”l is produce imported from chutz lo’oretz and is not subject to kedushas shevi’is. Shishis/Sheminis – “Shishis” denotes that the produce in question is produce of the sixth year (i.e. pre-shemittah) and “sheminis” denotes that the produce in question is produce of the eighth year (i.e. post-shemittah). Both shishis and sheminis are not subject to any shemittah status. In order to define whether produce is considered produce of the shemittah year or not, 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). Yevul Nochri is produce of fields that are owned by non-Jews 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. Therefore, for those who follow the view of the Beis Yosef and Pe’as Hashulchan it is possible to buy yevul nochri during shemittah and this will not be subject to kedushas shevi’is (according to these opinions). It should be mentioned that the predominant minhag in Yerushalayim is to be lenient with yevul nochri. |
Shemitta
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