Desktop Gardening, Or Growing Vegetables in Thin Air

vegetable gardenWell, not quite thin air, because plants, like the rest of us, require nutrients and water to grow. Although the word “aeroponics” does not show up in either of the dictionaries I use for handy reference, and is totally ignored by my spellchecker, it is actually common enough that it should be appearing in any current dictionary of the English language. I admit that I had no idea what the word meant when Yehudah asked me the following shaylah:

“To overcome the many problems that may be involved in purchasing products during shemittah, we want to purchase a large aeroponics kit and grow our own vegetables. Will this present us with any halachic problems in terms of either the laws of shemittah, or the laws of kelayim?”

And so, I began my education about this subject. This is what I discovered:

Aeroponics is a method of growing vegetables or herbs without soil by spraying the plant roots with water and nutrients (as opposed to hydroponics where the roots are submerged in a nutrient solution). Although it can be done on a commercial scale, the company Yehudah contacted sells aeroponic kits for growing herbs and vegetables in the comfort of one’s home. Each kit includes the seeds and nutrients required for specific types of plants, a complete, self-contained, open-top growing tank that includes its own light fixtures and instructions on how to make it all work. Just add water and electricity to run the pump and lights.

The company advises growing lettuce, herbs, tomatoes, peppers, or strawberries each in its own tank, since they have quite different needs. Nevertheless, the first question we will discuss is whether this is a halachic requirement to do so because of the prohibition of kelayim.

WHAT IS KELAYIM?

It is important to clarify a common misconception. The prohibition of kelayim is not the creation of a new species; it is the appearance that one is mingling two species together. This is why hauling loads with two species of animal, grafting one tree species onto another, mixing wool and linen in a garment or planting grains in a vineyard are all Torah violations of kelayim, although none of these acts affect the genetic make-up of the species.

Yehudah’s question involves two halachic topics:

  1. Kelayim

Could someone gardening on his desktop possibly violate the mitzvah of kilei zera’im, which prohibits planting two species together or near one another? Violating this prohibition requires three basic conditions, all of which Yehudah met:

  1. The prohibition applies to herbaceous, as opposed to woody plants, meaning that it does not apply to trees and shrubs, but it does apply to vegetables and many herbs. Thus, one may plant seeds of different trees together, yet one is forbidden to plant a mix of vegetable seeds (Rambam, Hilchos Kelayim 1:6).
  2. The prohibition of kilei zera’im applies only to edible crops (Rambam, Hilchos Kelayim 1:4). Thus, one may plant seeds of different ornamental flowers and grasses within close proximity.
  3. It applies only in Eretz Yisroel (Kiddushin 39a), and is min hatorah according to most halachic authorities, even today (implied by Rambam, Hilchos Kelayim 1:1). (However, note that in Rashi’s opinion [Shabbos 84b, s. v. ve’achas] the prohibition of kilei zera’im in Eretz Yisroel is only miderabbanan and Tosafos [Yevamos 81a, s.v. mai] contends that although kilei zera’im is essentially min hatorah, in our era it is only rabbinic because most of the Jewish people do not currently live in Eretz Yisroel.) Therefore, someone in Chutz La’Aretz may plant his backyard garden with a wide variety of herbs and vegetables, without any concern for how close they are, whereas in Eretz Yisroel, someone planting a garden patch must be very careful to keep the different species separate (Rambam, Hilchos Kelayim 1:3). I will discuss later how far apart one must plant different species to avoid violating this prohibition (see Chazon Ish, Hilchos Kelayim 6:1).
  4. Shemittah

One may not plant in Eretz Yisroel during shemittah. Does planting this indoor garden in Eretz Yisroel violate the laws of shemittah?

Yehuda’s question requires analyzing the following subjects:

Do these mitzvos apply when planting indoors?

Would they apply when planting outdoors in a pot or planter that is disconnected from the ground?

Do they apply when one is not planting in soil?

INDOORS

Two Talmudic passages discuss whether agricultural mitzvos apply indoors. In Eruvin (93a), the Gemara prohibits planting grain in a vineyard that is underneath a roof extending from a house. This passage implies that agricultural mitzvos apply within physical structures.

On the other hand, the Talmud Yerushalmi (Orlah 1:2) discusses whether three agricultural mitzvos, orlah (the prohibition to use fruit produced in the first three years of a tree’s life), maaser (tithing produce), and shemittah, apply to indoor plants. The Yerushalmi rules that whereas orlah applies, there is no requirement to separate maaser on produce grown indoors. The Yerushalmi questions whether shemittah applies to indoor produce, but does not conclude clearly whether it does or not.

WHY IS ORLAH DIFFERENT FROM MAASER?

The Yerushalmi notes that when the Torah instructs us to separate maaser, it states: You shall tithe all the produce of your planting, that which your field produces each year (Devarim 14:22). Since the Torah requires maaser only on produce of a field, there is no requirement to separate maaser from what grows indoors, since, by definition, a field is outdoors. Therefore, one need not separate maaser min hatorah when planting indoors, even if one is planting directly in the soil floor of the structure. (The Rishonim dispute whether there is a rabbinic requirement to separate terumos and maasros when planting in the ground within a building; see Rambam and Raavad, Hilchos Maasros 1:10.)

However, when the Torah describes the mitzvah of orlah, it introduces the subject by stating When you will enter the Land (Vayikra 19:23). A tree planted indoors is definitely in the Land of Israel, and thus is included within the parameters of this mitzvah, even if it is not in a field.

SHEMITTAH INDOORS

Do the laws of shemittah apply to produce grown indoors? Does shemittah apply only to a field, or to anything planted in the Land of Israel?

The Yerushalmi notes that when the Torah discusses the mitzvah of shemittah, it uses both terms, land (Vayikra 25:2) and field (Vayikra 25:4). It is unclear how the Yerushalmi concludes and the poskim dispute whether the mitzvah of shemittah applies indoors in Eretz Yisroel. Ridbaz (Hilchos Shevi’is, end of Chapter 1), Chazon Ish (Shevi’is 22), and Pnei Moshe all rule that it does; Pe’as Hashulchan (20:52) rules that it does not. Most later authorities conclude that one should not plant indoors during shemittah, at least not in the soil. I will discuss, shortly, whether one may plant during shemittah indoors hydroponically or in an indoor area where the dirt floor is covered.

INDOOR KELAYIM

May one plant different species next to one another indoors? Does the prohibition of kelayim apply to produce planted under a roof?

Based on the Talmud Yerushalmi we quoted above, we should be able to establish the following rule:

When the Torah commands that a specific mitzvah applies to the land, it is immaterial whether the planting is indoors or outdoors. However, when the Torah commands that a mitzvah applies to a field, it does not apply indoors. As noted above, an indoor area can never be called a field.

How does the Torah describe the mitzvah of kilei zera’im? The Torah states “you shall not plant kelayim in your field” (Vayikra 19:19), implying that the mitzvah does not apply indoors. Thus, we should conclude that there should be no prohibition min hatorah against planting herbs or vegetables proximately if they are indoors. (Nevertheless, both the Yeshuos Malko [Hilchos Kelayim 1:1] and the Chazon Ish rule that kilei zera’im does apply indoors and apparently disagree with the above analysis. I will take this into consideration later.) However, it is probably prohibited miderabbanan, according to the opinion that the Sages required tithing produce grown indoors.

BUT…

At this point, the discerning reader will note a seeming discrepancy with the passage from Eruvin 93a that I cited earlier. The Gemara rules that one may not plant grain in a roofed vineyard, implying that kelayim does apply indoors. This seemingly conflicts with my conclusion based on the Yerushalmi that one may plant different herbs or vegetables proximately indoors, without violating the prohibition of kelayim.

THE SOLUTION: GRAPES VERSUS VEGETABLES

The answer is that there is a major halachic difference between the two cases: Planting grain in a roofed vineyard violates kilei hakerem, planting other crops in a vineyard. Although both kilei hakerem and kilei zera’im are called kelayim, kilei hakerem is a separate mitzvah and is derived from a different pasuk than the one prohibiting kilei zera’im, planting herbaceous species together. The Torah commands us about kilei hakerem by stating: “You shall not plant your vineyard with kelayim (Devorim 22:9), using the word vineyard, not field. Whereas a field cannot be indoors, a vineyard could.

At this point, we have resolved the first of our questions asked above:

“Do these mitzvos apply when planting in a covered area?”

The answer is that planting kelayim species should seemingly not apply, although some prominent authorities disagree. Shemittah does apply, according to most poskim.

FLOWERPOTS

We now progress to our next question:

Do agricultural mitzvos apply to plants growing in Eretz Yisroel in closed pots and planters that are separated from the ground and yet exposed to the elements?

The Mishnah (Shabbos 95a) teaches that someone who plants in a flowerpot that has a hole in its bottom, called an atzitz nakuv, violates Shabbos as if he planted in the earth itself. However, planting in a flowerpot that is fully closed underneath, called an atzitz she’aino nakuv, is forbidden only because of rabbinic injunction and does not involve a Torah-prohibited violation of Shabbos. The same categories usually apply to agricultural mitzvos: plants in a pot with a hole in the bottom are equivalent to being in the ground itself; those whose bottom is completely sealed are included in agricultural mitzvos by rabbinic injunction.

Therefore, one must separate terumah and maaser from produce grown in pots or planters, whether or not the containers are completely closed underneath, and one would violate kelayim if one planted two species near one another in a flowerpot or other container.

There are some exceptions to this rule. In some instances, planting in a closed container is the same as planting in the ground. According to the Rambam [Hilchos Maaser Sheni 10:8] and the Shulchan Aruch [Yoreh Deah 294:26], orlah applies min hatorah to a tree planted in a closed flowerpot. The reason for this phenomenon is that a tree root will, with time, perforate the bottom of its pot, and therefore, it is already considered to have a hole and be part of the ground below.

SHEMITTAH IN A HOTHOUSE

On the other hand, there are also poskim who contend that shemittah does not apply at all, even miderabbanan, to items planted in a planter or flowerpot whose bottom is completely closed. What is the halacha if one plants in a covered area in a pot that is completely closed underneath? May one be lenient, since the pot is both indoors and is also an atzitz she’aino nakuv, which is not considered connected to the earth min hatorah? This question leads us directly to the following question that Israeli farmers asked, about sixty years ago: May one plant in a hothouse during shemittah, in a closed-bottom vessel? As I mentioned above, although some authorities permit planting in the soil indoors during shemittah, the consensus is to be more stringent. However, many poskim permit planting in pots in a hothouse, if its floor is covered with a thick material, such as heavy plastic or metal (see Chazon Ish, Shevi’is 26:4; Mishpatei Aretz pg. 239; however, cf. Shu’t Shevet HaLevi who prohibits this).

AEROPONICS AND SHEMITTAH

At this point, we can discuss our original question: Aeroponics, like a hothouse, means growing indoors, and is also similar to planting atop a floor that is covered with metal or heavy plastic. Based on the above discussion, we may conclude that most authorities would permit planting aeroponically during shemittah, provided that the bottoms of the tanks are metal or plastic.

WHAT ABOUT KIL’EI ZERAIM?

We still need to explore whether desktop planting violates the laws of kilei zera’im.

I concluded above that there is probably only a rabbinic prohibition of kilei zera’im on indoor planting, but that some prominent authorities prohibit it min hatorah. Can we offer a solution for Yehudah’s plans? To answer this we need to address another issue.

KEEP YOUR DISTANCE

As I mentioned in the beginning of this article, kelayim occurs when different species are mingled together. If there is enough distance between the plants, no mingling is transpiring.

How far apart must I plant herbs or vegetables to avoid violating kelayim? This is a complicated topic, and its answer is contingent on such factors as how and what one is planting. I will, however, go directly to the conclusion that affects our case.

Since the desktop garden involves only herbs and vegetables and only a single plant or a few plants of each species, the halacha requires only a relatively small distance between species. Min hatorah one is required to plant only one tefach apart; the additional space requirement is rabbinic (see Rambam, Hilchos Kelayim 3:10). The poskim dispute how distant one is required to avoid a rabbinic prohibition. Some require that the plants are at least three tefachim apart [about ten inches] (Rashi, Shabbos 85a), whereas others determine that it is sufficient for the plants to be only 1½ tefachim apart [about five inches] (Rambam, Hil. Kelayim 4:9; Shulchan Aruch, Yoreh Deah 297:5). In the case of the aeroponically-grown produce, since the tanks are completely closed underneath, they have, at worst, the halachic status of atzitz she’eino nakuv, a closed pot or planter, considered part of the ground only because of rabbinic injunction, but not min hatorah. We can, therefore, conclude that as long as the seeds are placed more than a tefach apart, we avoid any Torah prohibition. As far as the possible rabbinic prohibition if the plants are only a bit more than one tefach apart, we could additionally rely on the likelihood that kilei zera’im does not apply indoors in an eino nakuv planter.

Having completed the halachic research, we corresponded with the company that produces the desktop planting kits, asking them how far apart are the holes in which one “plants” the seeds, and how many different herbs and vegetables can be planted in a single tank.

The company replied that the kit usually has seven holes, each four inches apart from the other, center to center. When planting peppers and tomatoes, which grow larger than the greens or herbs, the company recommends plugging four of the holes and using only three, which are far enough apart to avoid any kelayim issue, according to our conclusion. However, when planting herbs and greens, the distance between the holes is just about the distance that might present a halachic problem. I therefore advised Yehudah to plant in alternative holes, even when planting herbs of different varieties.

What Is an Otzar Beis Din?

veggies in binWhat do the words “Otzar Beis Din” mean? And, as an old friend of mine would ask, “Is an Otzar Beis Din good for the Jews or bad for the Jews?”

Literally, the words mean “a storehouse operated by Beis Din.” Why would Beis Din operate a warehouse? Is this some type of gmach or warehouse for impounded goods? Or a place where Beis Din stores people who are recalcitrant to follow its rulings? Although these might be good ideas, they have nothing to do with an Otzar Beis Din, which is a halachically approved method of distributing shmittah produce.

Before explaining what is an Otzar Beis Din, we must first review briefly the halachos of shmittah. These rules fall under two general categories:

(1) Laws of the Land

(2) Laws of the Fruit.

LAWS OF THE LAND

The Torah (VaYikra 25:1-7) teaches that every seventh year is shmittah, and we are prohibited from working the land of Eretz Yisroel. One may not plow, plant, prune, or harvest one’s grapevines or perform most other agricultural work. Furthermore, one may not allow one’s land to be worked during shmittah, even by a gentile (Gemara Avodah Zarah 15b). Since we follow the opinion that shmittah today is only miderabbanan, we have one leniency — one may perform activities whose purpose is to prevent loss (see Gemara Moed Katan 3b). For example, one may water plants and trees so that they do not die (Gemara Moed Katan 3b; Rambam, Hil. Shmittah 1:10; cf. Chazon Ish, Shvi’is 16:4, 21:14, who is more lenient).

The landowner may not treat what grows during shmittah as his own; rather he must allow others to enter his field or orchard and help themselves. If his field is fenced, the owner must leave the gate unlocked and should remove any impediments that discourage people from helping themselves to the produce (Rambam, Hil. Shmittah 4:24). They may take only as much as their family will eat, and the landowner himself may also take this amount (see Rambam, Hil. Shmittah 4:1). According to many poskim, the owner has a special mitzvah to declare that his produce is hefker, ownerless (Shu’t Igros Moshe, Yorah Deah 3:90 s.v. vihataam).

One must not pick shmittah produce the way one usually would, but with a shinuy, some variation from the usual (Sifra). One may not sell shmittah produce in a business manner (Rambam, Hil. Shmittah 6:1).

LAWS OF THE FRUIT

Shmittah produce is imbued with special sanctity, called kedushas shvi’is. The Torah provides specific rules that govern how one treats shmittah produce. These laws fall under the following categories:

THE WAY IT IS EATEN

The Torah teaches that shmittah produce may be eaten, but it may not be ruined. What types of “ruining” did the Torah prohibit? Foods that are usually only eaten cooked should not be eaten raw, and those that are not cooked should not be cooked. For example, one may not eat shmittah potatoes raw, nor cook shmittah cucumbers or oranges, even as part of a recipe. Similarly, one may not squeeze a fruit into juice, since this is considered “ruining” the fruit, although one may squeeze grapes, olives or lemons that have kedushas shvi’is since in these cases the fruit is not ruined, but improved, when squeezed. However, one may not squeeze apples or carrots, even if one usually does so, since one is ruining the fruit in the process of extracting its juice. Similarly, one may not add slices of shmittah orange to a recipe for a roast since the orange is ruined in the process even though the roast is improved (Shu’t Mishpat Kohen, #85).

If someone errantly squeezed a shmittah fruit, or cooked produce that should have been eaten raw, the finished product is permitted. It goes without saying that one must be careful not to actively destroy shmittah produce.

If one uses a shmittah product as an ingredient, one must treat everything that absorbs the taste of the shmittah product with the laws of kedushas shvi’is. Therefore, if someone used shmittah potatoes in a cholent, or shmittah onions or bay leaves in a soup, one must treat the entire cholent or soup with the laws of kedushas shvi’is.

One may not feed animals shmittah produce that is usually eaten by people. However, one may feed animals shmittah product that is typically used as feed, such as peels and seeds that people do not consume, or if they are no longer considered fit for human consumption.

COMMERCE WITH SHMITTAH PRODUCE

One must be careful not to sell shmittah produce in a way that implies that one is its true owner. For this reason, shmittah produce may not be sold by weight or measure (Mishnah Shvi’is 8:3), nor sold in a regular store (Yerushalmi Shvi’is 7:1). Instead, it should be distributed in a way that implies that this is a division of produce rather than a sale.

One may not export shmittah produce to chutz la’aretz (Mishnah Shvi’is 6:5). There is a halachic controversy whether one may ship esrogim to chutz la’aretz for people to fulfill the mitzvah (Beis Ridbaz 5:18; Igros Moshe, Orach Chayim 1:186).

SANCTIFIES ITS EXCHANGE

Shmittah produce has an unusual halacha in that it is tofes damav, transfers its special laws onto the money or other item that is exchanged for it (Sukkah 40b). For this reason, if one sells or trades shmittah produce, the money or other item received in exchange also has kedushas shmittah and must be treated with all the laws mentioned above. Even so, the original produce maintains its kedushas shvi’is.

TERUMOS AND MAASROS

An interesting leniency applies to shmittah produce. Since it is halachically ownerless, there is no requirement to separate terumos and maasros from shmittah produce. The poskim dispute whether one must separate terumos and maasros from produce taken from the field of an owner who did not observe shmittah and did not allow people to help themselves (Shu’t Avkas Rocheil #24; Shu’t Mabit #11).

SEFICHIM

The Torah permits eating produce that grew by itself without working the field during shmittah. However, Chazal felt it necessary to prohibit grains and most vegetables that happened to grow on their own during shmittah year or were planted in violation of the laws of shmittah. The reason for this was that, even in the days of Chazal, it was unfortunately common to find Jews who deceitfully ignored shmittah laws. One practice of enterprising, unscrupulous farmers was to plant grain or vegetables and market them as produce that grew on its own! To discourage this illegal business, Chazal forbade even grains and vegetables that did grow on their own, a prohibition called sefichim, literally, “plants that sprouted.” Several exceptions were made, including that the produce of a non-Jew’s field is not prohibited as sefichim. Since a gentile is not obligated to observe shmittah, Chazal saw no reason to ban produce grown during shmittah in his field (Rambam, Hil. Shmittah 4:29).

OWNERLESS

Since all shmittah produce is halachically ownerless, every consumer has the halachic right to “help himself” to whatever his family might eat. (The poskim dispute whether one has the right to do this if the owner refuses entry. Even if it may be permitted, I do not recommend helping yourself to shmittah produce if the owner is not observing the laws of shmittah.) If my neighbor owns fruit trees, I have the right to enter his field and help myself. Similarly, if he has a vineyard, I may enter his vineyard and take as many grapes as my family can eat as table grapes or drink as wine. The field and tree are not ownerless, but the produce is.

WHAT IS AN OTZAR BEIS DIN?

With this introduction, we can now discuss what an Otzar Beis Din is. The owner of a vineyard is not required to produce wine for me, to allow me to harvest the grapes only for myself. If I do not have the equipment or expertise to press and process grapes into wine or olives into oil, I will be unable to utilize my rights to these fruits. Similarly, although I have a right to travel from Yerushalayim to pick citrus, mangos and bananas grown along the coast or in the northern part of the country, it is not that convenient for me to do so. How then can I possibly utilize the benefit of shmittah?

Enter the Otzar Beis Din to help out! Beis Din represents the consumer and hires people to gather the fruit, crush the grapes and olives into juice and oil, ferment the juice into wine, package the product, and then distribute it to the consumer. The Otzar Beis Din acts as the consumer’s agent and hires pickers, truckers, and other laborers; rents wine production equipment; purchases the bottles; produces shmittah fruits, wines and oils; and delivers them to a convenient distribution center near my house.

 

Obviously, the Otzar Beis Din cannot expect the pickers, truckers, and other laborers to work as unpaid volunteers, nor can they use the production equipment without paying rent. Similarly, the managers who coordinate this project are also entitled to a wage for their efforts. The Otzar Beis Din divides these costs among the consumers. However, no charge is made whatsoever for the fruit, since it is hefker, only for the labor and other costs involved. Thus, Otzar Beis Din products should cost less than regular retail prices for the same items.

 

Similarly, the farmer is required to allow anyone to enter his field and help himself to his crops. However, since it is inconvenient for a resident of Yerushalayim to travel to an orchard in the northern part of Israel or along its coast to pick oranges and bananas, the Otzar Beis Din picks and transports them to the consumer. All the other halachos of shmittah apply to this produce.

A “MODERN” OTZAR BEIS DIN

The Rabbonim and Beis Din of Yerushalayim organized the first modern Otzar Beis Din in 5670 (1910). Rav Tzvi Hirsch Cohen, a talmid chacham from Rechovot who owned vineyards and orchards, came to the Rabbonim of Yerushalayim requesting that they function as his Beis Din to distribute the wine and fruit from his orchards for the coming shmittah. The written contract, extant to this day, was signed by Rav Chayim Berlin, Rav of Yerushalayim at the time; Rav Yosef Chayim Zonnenfeld and Rav Pesach Frank, both of whom were later rabbonim of the city of Yerushalayim; and by two other prominent dayanim, Rav Yisroel Yaakov Yaavetz and Rav Moshe Nachum Wallenstein. To enable Yerushalayim residents to receive wine and fruit from Rav Cohen’s orchards, someone had to arrange to harvest the fruit, process the grapes into wine, and transport the products to Yerushalayim. Since Rav Cohen was the most qualified person to take care of these arrangements, the Beis Din appointed him to be their representative on behalf of the general public to harvest and process the produce and transport it to Yerushalayim. As an agent he was entitled to a wage for his work, as were the other employees who harvested, crushed, packaged, and transported the crop, but no one was entitled to any profits on the produce.

The Beis Din established several rules to maintain that the laws of shmittah were scrupulously kept in this arrangement, and to guarantee that Rav Cohen was paid as a manager and not as an owner of the product. For one thing, they predetermined the price that the consumer would pay for the wine, guaranteeing that it be significantly lower than its usual market price (Sefer Minchas Yerushalayim pg. 161).

Because of the laws governing the harvest and use of shmittah products, the Beis Din also insisted on the following rules:

1) The wine and fruits could be distributed only to people who would observe the shmittah sanctity of the products (see Tosefta Shvi’is 6:11).

2) The vineyards and orchards had to be available for any shmittah observant person to enter and harvest for his own needs (Sefer Minchas Yerushalayim pg. 181).

3) The products were not distributed through stores, but were divided as a communal division of bulk product. The products were not weighed or measured. Each individual who participated in dividing the shmittah produce paid Rav Cohen as Beis Din’s agent, for which the consumer was entitled to “shares” of wine and produce that were delivered in bulk containers without an exact weight.

4) The actual harvest of the product was performed by gentiles and in an atypical way (Katif Shvi’is pg. 125).

In his analysis of the procedure of an Otzar Beis Din, the Chazon Ish (Shvi’is 11:7 s.v. bemashekasavti) follows a more lenient approach than that of the Beis Din of Yerushalayim. He ruled that representatives of an Otzar Beis Din may harvest in the normal way and use Jewish labor. Thus the Otzar Beis Din of a modern farm following the Chazon Ish’s ruling allows Jewish staff to use combines to harvest and process the shmittah produce (Sefer HaShmittah pg. 21).

In addition, the Chazon Ish permitted weighing and measuring produce sold through Otzar Beis Din. In his opinion, the prohibition against weighing and measuring shmittah produce is only because this indicates that I am the owner of the produce. However, weighing and measuring Otzar Beis Din produce is to determine a fair division of costs involved in supplying the produce, and not to demonstrate ownership.

The 1910 Otzar Beis Din of Yerushalayim was stricter than this approach and did not allow any weighing or measuring of produce. Each participating household received “units” of wine and/or fruit which were deliberately approximate and not measured or weighed.

In a modern Otzar Beis Din, the grower plants everything before shmittah and is given extremely detailed instructions regarding what he may and may not do during shmittah (Katif Shvi’is pg. 126). The grower must allow any shmittah observant person to enter the field or orchard and help himself to the produce (Mishpetei Aretz pg. 103).

Usually, the grower has agreed in advance to a price for his produce which he will receive regardless of the quality of the produce. The grower must understand that this price is not a purchase of the produce, but compensation for his out-of-pocket expenses, including compensation for his own time.

“HETER OTZAR BEIS DIN”

Now is the time to approach our second question: “Is an Otzar Beis Din good or bad for the Jews?” The modern term “heter Otzar Beis Din” is used pejoratively. The purpose of an Otzar Beis Din is to service the consumer, not the producer, as I explained above. Unfortunately, unscrupulous individuals sometimes manipulate the rubric of Otzar Beis Din to allow a “business as usual” attitude and violate both the spirit and the halacha of shmittah. If the farmer is operating with a true Otzar Beis Din, he will allow a shmittah observant person to enter his field and help himself to the produce. (If he is concerned that the individual may damage the field or the trees, then he can make other arrangements.) However, if the field owner treats the produce as completely his own and charges accordingly, this contradicts the meaning of Otzar Beis Din. Cases like these are called heter Otzar Beis Din; meaning a permissibility based on an abuse of the concept of Otzar Beis Din. Because of these concerns, some hechsherim discourage the use of Otzar Beis Din. (See extensive discussion of this question in Minchas Yerushalayim Chapter 9.)

Thus in answer to our question whether Otzar Beis Din is good for the Jews or bad for the Jews, the answer is that although it is good for the Jews in theory, in practice Otzar Beis Din becomes bad for the Jews when it degenerates into a heter Otzar Beis Din. I certainly encourage use of a properly run Otzar Beis Din, which also includes that the produce must be treated with all the rules of kedushas shevi’is.

For the modern farmer, observing shmittah is true mesiras nefesh, since among many other concerns he also risks losing customers who have been purchasing his products for years. Of course, since a Jew realizes that Hashem provides parnasah and that observing a mitzvah will never hurt anyone, a sincerely observant farmer obeys the Torah dictates knowing that Hashem attends to all his needs. Indeed, all recent shmittos have had numerous miracles rewarding observant farmers in this world for their halachic diligence. Who can possibly imagine what reward awaits them in Olam Haba!

 

A Shemittah Glossary

Question #1: Shemittah or shevi’is?

“What is the difference between shemittah and shevi’is?”

Question #2: Sefichin

“What are sefichin?”

Question #3: Heter otzar beisdin

“I consider myself fairly well-educated, which may be a mistake. But I recently heard a term that I never heard before: heter otzar beis din. What does this term mean?”

Answer

Most chutz la’aretz residents are not that familiar with the laws of shemittah that will affect those who live in Eretz Yisroel every day this year. Actually, the laws can and do affect people living in chutz la’aretz, also. The main focus of this article will not be what to do, but will explain a basic glossary of shemittah-related terms.

Among the terms that we will learn are the following:

Kedushas shevi’is

Issur sechorah

Pach shevi’is

Tefisas damim

Havla’ah

Shamur

Ne’evad

Sefichin

Biur shevi’is

Heter mechirah

Otzar beis din

Heter otzar beis din

First, let us discuss the basics:

Basic laws of the land

In parshas Behar, the Torah (Vayikra 25:1-7) teaches that every seventh year is shemittah. We are prohibited from plowing, planting or working the land of Eretz Yisroel in any way and must leave our land fallow. It is even prohibited to have a gentile work a Jew’s land (Avodah Zarah 15b), just as one may not hire a gentile to do work on Shabbos that a Jew may not do. The owner of a field or orchard must treat whatever grows on his land as ownerless, allowing others to enter his field or orchard to pick, without charge, as much as their families can use. The landowner, himself, also may pick as much as his family will eat (see Rambam, Hilchos Shemittah 4:1).

The landowner should make sure that others know that they may help themselves to the produce. One may not sell the produce that does grow on its own in a business manner.

Kedushas shevi’is

The Torah declared vehoysa shabbas ha’aretz lochem le’ochlah, “the produce of the shemittah should be used only for food” (Vayikra 25:6), thereby imbuing the fruits and vegetables that grow in shemittah year with special sanctity, called kedushas shevi’is. There are many ramifications of this status. The produce that grows during shemittah year should be used only for consumption and eaten (or drunk) only in the usual way. For example, one may not cook foods that are usually eaten raw, nor may one eat raw produce that is usually cooked (Yerushalmi, Shevi’is 8:2; Rambam, Hilchos Shevi’is 5:3). One may not eat raw shemittah potatoes, nor may one cook shemittah cucumbers or oranges. It would certainly be prohibited to use shemittah corn for gasohol or any other form of biofuel.

Contemporary authorities dispute whether one may add shemittah orange or apricot to a recipe for roast or cake. Even though the fruit adds taste to the roast or cake, many poskim prohibit this cooking or baking, since these types of fruit are usually eaten raw (Shu’t Mishpat Cohen #85). Others permit this, if it is a usual way of eating these fruits (Mishpetei Aretz page 172, footnote 10).

Similarly, juicing vegetables and most kinds of fruit is considered “ruining” the shemittah produce and prohibited, although one may press grapes, olives and lemons, since the juice and oil of these fruits are considered superior to the fruit itself. Many contemporary authorities permit pressing oranges and grapefruits, provided one treats the remaining pulp with kedushas shevi’is. Even these authorities prohibit juicing most other fruit, such as apples and pears (Minchas Shelomoh, Shevi’is pg. 185).

Food and not feed

One may feed shemittah produce to animals only when it is not fit for human consumption, such as peels and seeds that people do not usually eat (Rambam, Hilchos Shemittah 5:5). Last shemittah, a neighbor of mine, or perhaps his turtle, had a problem: The turtle is fond of lettuce, and won’t eat grass. One may feed animals grass that grew during shemittah, but one may not feed it lettuce that grew in Israel during shemittah.

Jewish consumption

Shemittah produce is meant for Jewish consumption; one may not give or sell kedushas sheviis produce to a gentile, although one may invite a gentile to join you at a meal that includes shemittah food (Rambam, Hilchos Shemittah 5:13 as explained by Mahari Korkos).

Don’t destroy edibles

One may not actively destroy shemittah produce suitable for human consumption. Therefore, one who has excess shevi’is produce may not trash it in the usual way.

Although some authorities rule that there is a mitzvah to eat shemittah produce, most contend that there is no obligation to eat shemittah food – rather, the Torah permits us to eat it (Chazon Ish, Hilchos Shevi’is 14:10).

Peels that are commonly eaten, such as apple, still have kedushas shevi’is and may not simply be disposed of. Instead, we place these peels in a plastic bag and then place the bag in a small bin or box called a pach shevi’is, where it remains until the food is inedible. When it decomposes to this extent, one may dispose of the shemittah produce in the regular garbage.

Why is this so?

Once the shemittah produce can no longer be eaten, it loses its kedushas shevi’is. Although the concept that decay eliminates sanctity seems unusual, this is only because we are unfamiliar with the many mitzvos to which this principle applies. There are several other mitzvos where, in theory, this rule applies – meaning that the items have kedushah that governs how they may be consumed, but once they are no longer edible, this kedushah disappears. Examples of this rule are terumah, challah, bikkurim, revai’i and maaser sheini. However, we cannot observe the halachos relevant to these mitzvos, since these items of kedushah cannot be consumed by someone who is tamei (Rambam, Hilchos Terumos Chapter 11; Hilchos Maaser Sheini 3:11). This explains why most people are unfamiliar with the rules of kedushas shevi’is.

When eating shemittah food, one need not be concerned about the remaining bits stuck to a pot or an adult’s plate that one usually just washes off; one may wash these pots and plates without concern that one is destroying shemittah produce. However, the larger amounts left behind by children, or leftovers that people might save should not be disposed in the garbage, but should be scraped into the pach shevi’is.

Issur sechorah – commercial use

One may not harvest the produce of one’s field or tree in order to sell it in commercial quantities or in a business manner (Tosefta, Shevi’is 5:7; Rambam, Hilchos Shemittah 6:1). For example, shemittah produce may not be sold by weight or measure (Mishnah, Sheviis 8:3), nor sold in a regular store (Yerushalmi, Sheviis 7:1).

Tefisas damim

If one trades or sells shemittah produce, the food or money received in exchange becomes imbued with kedushas shevi’is. This means that the money should be used only to purchase food that will itself now have the laws of shemittah produce, as we mentioned above. The original produce also maintains its kedushas sheviis (Sukkah 40b).

Havla’ah

At this point, we must discuss a very misunderstood concept called havlaah, which means that one includes the price of one item with another. The Gemara (Sukkah 39a) describes using havlaah to “purchase” an esrog that has shemittah sanctity, without the money received becoming sanctified with kedushas sheviis. For example, Reuven wants to buy an esrog from Shimon; however, Shimon does not want the money he receives to have kedushas sheviis. Can he avoid this occurring?

Yes, he can. If Shimon sells Reuven two items at the same time, one that has kedushas sheviis and the other that does not, he should sell him the item that does not have kedushas sheviis at a high price, and the kedushas sheviis accompanies it as a gift. This is permitted, even though everyone realizes that this is a means of avoiding imbuing the sales money with kedushas sheviis.

Shamur and neevad

According to many (and perhaps most) rishonim, if a farmer did not allow people to pick from his fields, the shemittah produce that grew there becomes prohibited (see Raavad and Baal Hama’or to Sukkah 39a). Similarly, many authorities prohibit consuming produce that was tended in a way that violated the agricultural laws of shemittah (Ramban, Yevamos 122a). This produce is called neevad.

Shemittah exports

The Mishnah (Shevi’is 6:5) prohibits exporting shemittah produce outside Eretz Yisroel. Some recognized authorities specifically permit exporting shemittah wine and esrogim, although the rationales permitting this are beyond the scope of this article (Beis Ridbaz 5:18; Tzitz Hakodesh, Volume 1 #15:4). This approach is the basic halachic reason to permit the export of esrogim that grow during shemittah this year for Sukkos, 5776. (The esrogim for this past Sukkos should all have been from the pre-shemittah crop and not involve any shemittah concerns.) I am planning to send out an article on that topic closer to next Sukkos.

Sefichin

What are sefichin? Sefichin is a term referring to annual produce that grew during the shemittah year. Min hatorah, produce that grew by itself without anyone working the field during shemittah is permitted. Unfortunately, even in the days of Chazal, one could find unscrupulous farmers who would plant grain or vegetables during shemittah year and then market them as produce that grew on its own. So that these farmers not benefit from their sins, Chazal forbade all grains and vegetables, even those that grew on their own — a prohibition called sefichin. Sefichin are treated as non-kosher food, even requiring one to kasher the equipment in which they were cooked!

There are several exceptions to this rule. One is that produce of a non-Jew’s field is not prohibited as sefichin. Another exception is that perennials that do not require planting every year are not included in the prohibition of sefichin. Although trees and other perennials definitely thrive when pruned and cared for, most will produce even if left unattended for a year, and the farmer has less incentive to violate shemittah by tending his trees.

Thus, tree fruits, nuts, strawberries and bananas do not involve the prohibition of sefichin. (If they grew in a field whose owner was not observing shemittah, they might involve the prohibition of shamur.)

Biur shevi’is

At this point in our discussion, we need to explain the concept of biur sheviis. The word biur literally means elimination, as in biur chometz, which refers to the eradication of chometz performed each year before Pesach. One of the laws that applies to shemittah produce is that once a specific species is no longer available in the field, one can no longer keep shemittah produce from that species in one’s possession. At this point, one must perform a procedure called biur sheviis. Although there is a dispute among the rishonim as to the exact definition and requirements of biur sheviis, we rule that it means declaring ownerless (hefker) any shemittah produce in one’s possession (Ramban, Vayikra 25:7; cf. Rashi, Pesachim 52b s.v. mishum and Rambam, Hilchos Shemittah 7:3 for alternative approaches.) For example, let us say that someone picked shemittah apricots and canned them as jam. (We should note that, according to many authorities this is not permitted to be done with shemittah apricots.) When no more apricots are available in the field, he must take the remaining jam and declare it hefker in the presence of three people (Yerushalmi, Sheviis 9:5). One may do this in front of three close friends who will probably not take the jam after my declaration; it is sufficient that they have the right to take possession. If someone fails to perform biur, the shemittah produce becomes prohibited.

Heter mechirah

Probably the most controversial issue in contemporary shemittah observance is that of heter mechirah, a dispute that goes back to the earliest days of the modern settlement of Israel, over 130 years ago. Heter mechirah means that the farmer sold his land to a gentile, who is not required to observe shemittah. Since a gentile now owns the land, the gentile may farm the land, sell its produce, and make a profit. The poskim dispute whether a Jew may work land owned by a gentile during shemittah (Tosafos, Gittin 62a s.v. ayn odrin, prohibits; whereas Rashi, Sanhedrin 26a s.v. agiston, permits). Even among those authorities who permit heter mechirah, most do not permit Jews to work their fields. Today, most chareidi authorities will not permit relying on heter mechirah or use of heter mechirah produce.

Some contemporary poskim prohibit the use of heter mechirah tree fruit on the basis that since heter mechirah is invalid, the fruit is considered shamur and therefore forbidden. Other poskim permit the fruit, because they rule that the forbidden working of an orchard or treating it as private property does not prohibit its fruit (see Shu’t Igros Moshe, Orach Chayim 1:186). Thus, even if one does not consider the heter mechirah to be valid, according to many, the fruit is still permitted, but must be treated with kedushas shevi’is.

Otzar beis din

What is an otzar beis din? Literally, the words means “a storehouse operated by beis din.” Why would a beis din be operating a storehouse? Did they need to impound so much merchandise while doing litigation? No, let me explain.

As mentioned above, the owner of an orchard may not harvest his produce for sale, and he must allow individuals to help themselves to what their family may use. But what about people who live far from the orchard? How will they utilize their right to pick shemittah fruit?

Enter the otzar beis din to help! The beis din represents the public interest by hiring people to pick and transport the produce to a distribution center near the consumer. Obviously, no one expects the pickers, sorters, truckers, and other laborers to work as unpaid volunteers; they are also entitled to earn a living. Similarly, the managers who coordinate this project are also entitled to an appropriate wage for their efforts. Furthermore, there is no reason why beis din cannot hire the owner of the orchard to supervise this massive project, paying him a wage appropriate to his significant skills and experience in knowing how to manage this operation. This is all legitimate use of an otzar beis din.

Who pays for otzar beis din services? The otzar beis din divides its costs among the consumers. The charges to the user should reflect the actual expenses incurred in bringing the products to the consumers, and may not include any profit for the finished product (Minchas Shelomoh, Sheviis 9:8 pg. 250). Thus, otzar beis din products should cost less than regular retail prices for the same items, since there should be no profit margin. (See Yerushalmi, Sheviis 8:3 that sheviis produce should be less expensive than regular produce.)

Please note that all the halachos of kedushas sheviis apply to otzar beis din produce. Also note that acquiring from an otzar beis din is not really “purchasing,” since you are not buying the fruit, but receiving a distribution – your payment is exclusively to defray operating costs. Therefore, the money paid for otzar beis din produce does not have kedushas sheviis, because it is compensation for expenses and not in exchange for the shemittah fruit (Minchas Shelomoh, Sheviis 9:8 pg. 250).

Produce still in the possession of an otzar beis din at the time of biur is exempt from biur, declaring it hefker. The reason is that this product is still without an owner – the otzar beis din is a distribution center, not an owner. However, produce originally distributed through an otzar beis din and now in private possession must be declared hefker. This is so even if the fruit is the possession of someone other than the farmer in whose field the produce grew.

Heter otzar beis din

The modern term “Heter otzar beis din” is used pejoratively. The purpose of an otzar beis din is to service the consumer, not the producer, as I explained above. Unfortunately, unscrupulous individuals sometimes manipulate the rubric of otzar beis din to allow a “business as usual” attitude and violate both the spirit and the halachah of shemittah. If the farmer is operating with a true otzar beis din, he will allow people to enter his field and help themselves to the produce. If he bars people, then he is violating the basic laws of shemittah and his produce distribution is not according to otzar beis din principles. Similarly, if the field owner treats the produce as completely his own and charges accordingly, this contradicts the meaning of otzar beis din. These cases are disparagingly referred to as heter otzar beis din; meaning they reflect abuse of the concept of otzar beis din.

Conclusion

Just as observing the seventh day, Shabbos, demonstrates our belief in the Creator, so, too, observing every seventh year as shemittah demonstrates this faith. For someone living in Eretz Yisroel, observing shemittah properly involves assuming much halachic responsibility and education. For the modern farmer, observing shemittah can, indeed, be true mesiras nefesh, since among the many other concerns that he has, he also risks losing customers who have been purchasing his products for years. For example, a farmer may be selling his crop somewhere in Europe. If he informs his buyer that he cannot produce during shemittah, he risks losing the customer in the future.

Of course, a Jew realizes that Hashem provides parnasah and that observing a mitzvah will never hurt anyone. An observant farmer obeys the Torah dictates, knowing that Hashem attends to all his needs. Indeed, recent shmittos have each had numerous miracles rewarding observant farmers in this world for their halachic diligence. Who can possibly imagine what reward awaits them in Olam Haba!

Those living in chutz la’aretz should be aware of the halachos of shevi’is and identify with this demonstration that the Ribbono Shel Olam created the world in six days, and that the seventh year is holy. In addition, they should realize that much shemittah produce is exported from Israel, in violation of the halachah.  It is necessary to check fresh fruit and vegetables, to see that they are not shemittah produce, and, additionally, one should be careful regarding canned goods.  By being careful to assure that he is not using any shemittah produce, the Jew abroad takes part in the mitzvah!

Shemittah Revisited

How can we pass Parshas Behar without discussing the laws of shemittah? And the fact that we read these laws annually teaches that the Torah wants us to understand the lessons of shemittah every year. Yet many chutz la’aretz residents see no need to learn these laws, assuming that they are never affected.

Well — Guess again, — Although halacha prohibits exporting shemittah produce outside Israel (Mishnah Shvi’is 6:5), much produce finds its way there. And even in chutz la’aretz we must treat fruit of Eretz Yisrael with kedushas shvi’is according to all of the laws we will now discuss.

Situation #1: WHAT A ROAST!!

When I was a rav in America, a knowledgeable housewife cooked a delectable roast using wine whose label indicated that it had kedushas shvi’is. Although she had no idea what this term meant, her son pointed out that they needed to ask a shaylah what to do with the roast. To make a long story short, the entire roast had to be treated with kedushas shvi’is; I will soon explain what this means.

Situation #2: WHAT ARE SEFICHIN?

“I noticed a sign in shul that the fruits and vegetables in the local supermarket are from Israel and must be treated appropriately. Someone told me that the vegetables are sefichin. What does that mean?”

Situation #3: HETER MECHIRAH

Several shemittah cycles ago I was working as a mashgiach for a properly-run American hechsher. One factory that I supervised used to manufacture breading and muffin mixes. This company was extremely careful about checking its incoming ingredients: George, the receiving clerk who also managed the warehouse, kept a careful list of what products he was to allow into the plant and what kosher symbols were acceptable.

On one visit to the plant I noticed a problem due to no fault of the company. For years, the company had been purchasing Israeli produced freeze-dried carrots with a reliable hechsher. The carrots always arrived in bulk boxes with the Israeli hechsher prominently stamped in Hebrew and the word KOSHER prominently displayed in English. George, who always supervised incoming raw materials, proudly showed me through “his warehouse” and noted how he carefully marked the arrival date of each new shipment. I saw crates of the newest shipment of Israeli carrots, from the same manufacturer, and the same prominently displayed English word KOSHER on the box. However, the Hebrew stamp on the box was from a different supervisory agency, one without the same sterling reputation. The reason for the sudden change in supervisory agency was rather obvious when I noted that the Hebrew label stated very clearly “Heter Mechirah.”

First, let us discuss the basics:

LAWS OF THE LAND

In this week’s parsha, the Torah (VaYikra 25:1-7) teaches that every seventh year is shemittah; we are prohibited from working the land of Eretz Yisrael and must leave our land fallow (Avodah Zarah 15b). Just as observing the seventh day, Shabbos, demonstrates our belief in the Creator, so too, observing every seventh year as shemittah demonstrates this faith. The landowner must treat whatever grows as ownerless, allowing others to enter his field or orchard to pick and take its produce. They may take as much as their family will eat, and the landowner himself also may take this amount (see Rambam, Hil. Shemittah 4:1).

LAWS OF THE FRUIT

Although shemittah observance today is mandated only miderabbanan (see Moed Katan 2b; Chazon Ish, Shvi’is 3:8), nevertheless, most of its laws are the same as they will be when observing shemittah will again become a mitzvah min hatorah. The Torah imbues shemittah produce with special sanctity, called kedushas shvi’is, declaring vehaysa shabbas ha’aretz lachem le’ochlah, “the produce of the shemittah should be used only for food” (Vayikra 25:6). According to accepted opinion, one is not obligated to eat shemittah food – rather, the Torah grants us permission to eat it, and we must treat it accordingly (Chazon Ish, Hil. Shvi’is 14:10). There is much halachic detail involved in correct use of shemittah produce. For example:

I. One may not sell shemittah produce in a business manner (Rambam, Hil. Shemittah 6:1). Although one may pick shemittah produce for one’s personal consumption, one may not harvest it to sell commercially (Tosefta, Shvi’is 5:7).

II. One may not export shemittah produce outside Eretz Yisrael (Mishnah Shvi’is 6:5). There are some opinions that allow exporting shemittah wine and esrogim, although the rationales permitting this are beyond the scope of this article (Beis Ridbaz 5:18; Tzitz Hakodesh, Volume 1 #15:4).

III. Shemittah produce is intended for Jewish consumption; one may not give or sell kedushas shvi’is produce to a gentile, although you may allow him or her to join you for your meal (Rambam, Hil. Shemittah 5:13 and Mahari Korkos ad loc.).

IV. If one trades or sells the shemittah produce, the food or money received in exchange also has kedushas shvi’is (Sukkah 40b).

V. One may not intentionally ruin shemittah produce (Pesachim 52b).

What types of “ruining” did the Torah prohibit? One may not cook foods that are usually eaten raw, nor may one eat raw produce that is usually cooked (Yerushalmi, Shvi’is 8:2; Rambam, Hil. Shvi’is 5:3). Therefore, one may not eat raw shemittah potatoes, nor may one cook shemittah cucumbers or oranges. Contemporary authorities dispute whether one may add shemittah orange or apricot to a recipe for roast or cake. Even though the roast or cake is delicious because of the added fruit, many poskim prohibit this cooking or baking since these fruit are usually eaten raw (Shu’t  Mishpat Cohen #85). Others permit this if it is a usual way of eating these fruits (Mishpetei Aretz page 172, footnote 10).

SPOILED TURTLE

One may feed shemittah produce to animals only if it is not considered fit for human consumption. This includes varieties grown for fodder, as well as peels and seeds that people do not usually eat (Rambam, Hilchos Shemittah 5:5). During the last shemittah, a neighbor of mine, who’s pet turtle usually eats lettuce, had a problem what to feed it. Before shemittah he was trying to get it to eat grass, but the turtle preferred lettuce.

Similarly, juicing vegetables and most kinds of fruit is considered “ruining” the shemittah produce and prohibited, although one may press grapes, olives and lemons since the juice and oil of these fruits are considered improvements. Many contemporary authorities permit pressing oranges and grapefruits provided one treats the remaining pulp with kedushas shvi’is. Even these authorities prohibit juicing most other fruit, such as apples and pears (Minchas Shelomoh, Shvi’is pg. 185).

RUINING VERSUS EATING

How do we determine whether processing a food “ruins” it or not? Many poskim contend that if the processing changes the food’s preferred bracha, one may not perform it to shvi’is produce (Shu’t  Mishpat Cohen #85, based on Brachos 38a and Rambam, Hilchos Shvi’is 5:3). Since turning apples to juice reduces their bracha from ha’eitz to shehakol, this would be considered “ruining” the apples. Similarly, the fact that one recites the bracha of shehakol prior to eating a raw potato or cooked cucumbers or oranges demonstrates that treating them this way ruins the produce. According to this approach, one may not press oranges or grapefruits either, since one recites shehakol and not ha’eitz on the juice (Shu’t  Mishpat Cohen #85).

Those who permit squeezing oranges and grapefruits apply a different criterion, contending that since this is the most common use of these fruit it is permitted (Minchas Shelomoh, Shvi’is pg. 185).

One must certainly be careful not to actively destroy shemittah produce. Therefore, one who has excess shvi’is produce may not trash it. Peels that are commonly eaten, such as cucumber or apple, still have shemittah kedusha and may not simply be disposed. Instead, these peels are placed in a plastic bag which is then placed into a small bin or box called a pach shvi’is, where it remains until the food is inedible. When it decomposes to this extent, one may dispose of the shemittah produce in the regular garbage.

When eating shemittah food, one need not be concerned about the remaining bits stuck to a pot or an adult’s plate that one usually just washes off; one may wash these pots and plates without concern that one is destroying shemittah produce. However, the larger amounts left behind by children, or leftovers that people might save should not be disposed in the garbage but should be scraped into the shemittah bin.

WHY DECOMPOSE?

This leads us to a question: If indeed one may not throw shemittah produce in the garbage because it has sanctity, why may one do so after the produce decomposes? Does decomposition remove kedusha?

Indeed it does. Kedushas shvi’is means that as long as the food is still edible, one may not make it inedible or use it atypically. This is because shemittah food is meant to be eaten, even though there is no requirement to do so. However, once the shemittah food is inedible, it loses its special status, and may be disposed of as trash.

SANCTITY UNTIL SPOILAGE

This sounds very strange. Where do we find that something holy loses its special status when it becomes inedible?

Although the concept that decay eliminates sanctity seems unusual, this is only because we are unfamiliar with the mitzvos where this principle applies. Other mitzvos where this concept exists are terumah, challah, bikkurim, revai’i and maaser sheini, all cases where we do not consume the produce today because we are tamei (Rambam, Hilchos Terumos Chapter 11; Hilchos Maaser Sheini 3:11). Of these types of produce that are holy, but meant to be eaten, only shvi’is may be eaten by someone tamei. Even though someone tamei may not consume tahor terumah, challah, or maaser sheini, one also may not dispose of them or even burn them. Instead, one must place them in a secure place until they decay and only then dispose of them (Tur, Yoreh Deah 331). (We burn the special challah portion after separating it only because it has become tamei. If it did not become tamei, one may not destroy the challah portion, but must place it somewhere until it decays on its own, just as we do with unused shvi’is produce.)

A SHEMITTAH ROAST IN AMERICA

We can now explore the first question I mentioned:

1a: May one use shemittah wine to season a roast?

Although one improves the roast by adding the wine, the wine itself is ruined. Thus, some poskim prohibit using the wine in this way, whereas others permit it since this is a normal use for wine (see commentaries to Yerushalmi, Terumos 11:1).

1b: What does our American housewife do with her shemittah wine-flavored roast?

If one uses shemittah food as an ingredient, one must treat everything that absorbs its taste according to the laws of kedushas shvi’is (see Mishnah Shvi’is 7:7). Therefore, one who used shemittah potatoes in cholent or shemittah onions or bay leaves in soup must treat the entire cholent or soup according to shvi’is rules. One may not actively waste this food, nor may one feed any of it to animals until the food is spoiled to the point that people would not eat it.

Therefore, our housewife who added shemittah wine to her roast must now consider the entire roast, even the gravy and vegetables cooked with it, to have kedushas shvi’is. One serves the roast in the regular way. As mentioned above, the small scrapings left on an adult’s plate may be washed off; but the larger amounts left behind by children should not be disposed in the garbage, nor should the leftovers in the pot or on the platter.

Just as one may not dispose of the leftover kedushas shvi’is roast in the garbage, it is unclear whether one may remove these leftovers from the refrigerator in order to hasten their decay, even to place them in a shemittah bin (see Chazon Ish, Shvi’is 14:10). However, if one removed leftover roast to serve, one is not required to return the leftovers to the refrigerator. One may not trash the leftovers, but instead one may place the leftovers somewhere until they have spoiled. To avoid the malodor that this may cause, one may place them in a plastic bag until they decay and then dispose of them.

SEFICHIN

At this point, we should address the second question I mentioned:

“I noticed a sign in shul that the some fruits and vegetables in the local supermarket are from Israel and must be treated appropriately. Someone told me that the vegetables are prohibited because they are sefichin. What does that mean?”

The Torah permits the use of any produce that grew by itself without anyone working the field during shemittah. Unfortunately, even in the days of Chazal one could find Jews who deceitfully ignored shemittah laws. One practice of unscrupulous farmers was to plant grain or vegetables, marketing them as produce that grew on its own. To make certain that these farmers did not benefit from their misdeeds, Chazal forbade all grains and vegetables, even those that grew by themselves, a prohibition called sefichin, or plants that sprouted. Sefichin are treated as non-kosher food and forbidden to eat, even requiring one to kasher the equipment that cooked them!

Chazal made several exceptions to this rule, including that produce of a non-Jew’s field is not prohibited as sefichin.

In all likelihood, the growers of this produce relied on heter mechirah, a topic I dealt with extensively in a different article, but which I will touch on here. (Contact me by return e-mail if you would like to read that article.) The authorities who follow this approach permit most of the fieldwork to be performed only by gentiles. However, in contemporary practice, most Jewish landowners who rely on heter mechirah sell their land to a gentile, but then work it as their own. As a practical matter, few contemporary chareidi poskim permit heter mechirah, and, even among non-chareidi authorities, support for its use is waning, although there are still some who permit it. Thus, if the heter mechirah is considered a charade and not a valid sale, the grain and vegetables growing in a heter mechirah field are prohibited as sefichin. Most, but not all, chareidi poskim today consider vegetables grown through heter mechirah to be prohibited sefichin that are forbidden to eat, although one will find different opinions whether one must kasher equipment used to cook these vegetables.

WHY NOT FRUIT?

When Chazal prohibited sefichin, they only included in the prohibition crops that are planted annually. They did not extend the prohibition of sefichin to tree fruits and other perennial crops, such as bananas and strawberries, because there was less incentive for a cheating farmer. Although trees definitely thrive when pruned and cared for, they will produce even if left unattended for a year. Thus, the farmer has less incentive to tend his trees.

“GUARDED PRODUCE”

I mentioned above that a farmer must allow others free access to help themselves to any produce that grows on his trees and fields during shemittah. What is the halacha if a farmer treats this produce as his own and refuses entry to it during shemittah?

The Rishonim dispute whether this will make the fruit forbidden. Some contemporary poskim prohibit the use of heter mechirah tree fruit on the basis that since heter mechirah is invalid, this fruit is now considered “guarded,” and therefore forbidden. Other poskim permit the fruit because they rule that the forbidden working of an orchard or treating it as private property does not prohibit its fruit (see Shu’t Igros Moshe, Orach Chayim 1:186). Thus, even if one does not consider the heter mechirah to be valid, the fruit might be permitted but must be treated with kedushas shvi’is.

What about our carrot muffins? If we remember our original story, the company had unwittingly purchased heter mechirah carrots. The hechsher required the company to return all unopened boxes of carrots to the supplier and to find an alternative source. However, by the time I discovered the problem, muffin mix using these carrots had been produced bearing the hechshers kashrus symbol and were already distributed. The hechsher referred the shaylah to its posek, asking whether they were required to recall the product from the stores as non-kosher, or whether it was sufficient to advertise that an error occurred and allow the customer to ask his individual rav for halachic guidance.

For someone living in Eretz Yisrael, observing shemittah properly involves assuming much halachic responsibility and education and often great commitment since shemittah-permitted produce is often many times more expensive than its alternative. Those living in chutz la’aretz should be aware of the halachos of shvi’is and identify with this demonstration that the Ribbono Shel Olam created the world in seven days, and that the seventh year is holy.

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