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!

 

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