Question:What is the status of yevul nochri regarding shemittah? Introduction: Yevul nochri is the term given for produce that has grown in land owned by a non-Jew in Eretz Yisroel. There is a machlokes in the Gemoro in Gittin 47a between Rabboh and Rav Elozor, regarding if the acquisition of a non-Jew buying land in Eretz Yisroel will exempt the produce that grows in this land from terumos and ma’asros. According to Rabboh the acquisition of a non-Jew does not exempt the produce that grows in this land from terumos and ma’asros, whereas according to Rav Elozor the acquisition of a non-Jew does exempt the produce from terumos and ma’asros. The Rambam and Shulchan Aruch (c.f. Bi’ur Hagro Yoreh De’ah Siman 331 s.k. 8) rules in line with the view of Rabboh, that the acquisition of a non-Jew does not exempt the produce that grows in this land from terumos and ma’asros. Discussion: 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 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 (ibid) does concede that one should separate terumos and ma’asros from produce grown in land owned by a non-Jew during shemittah (if the gmar melocho was performed by a Jew) and deliberates if the retraction of the Beis Yosef was from both of his arguments, or only regarding kedushas shevi’is. Conclusion: The status of yevul nochri regarding shemittah is an ongoing debate among the Poskim since the time of the Beis Yosef: The Beis Yosef maintained that yevul nochri has no kedushas shevi’is and it can consequently be purchased and eaten with no shemittah restrictions, whereas according to the Mabit yevul nochri is subject to kedushas shevi’is. |
Shemitta
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