What is 'Otzar Beit Din'?
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Question
What is Otzar Beit Din?
Answer
Fruits from Otzar Beit Din have the sanctity of the Shemitah year and are exempt from tithes. There are kashrut committees that market these fruits under their supervision, and to avoid the prohibition of commerce and harvesting in large quantities, this is done in the form of Otzar Beit Din. This means that all fruits are declared ownerless, and the Beit Din takes them under its jurisdiction and hires workers to perform the permitted actions during the Shemitah. The payment when purchasing from Otzar Beit Din is for the expenses of the Beit Din in handling the fruits, not for the fruit itself. This assists farmers in observing the Shemitah properly by becoming workers of the Beit Din.
Source
Many kashrut committees sell Otzar Beit Din without concern. However, some are concerned that Otzar Beit Din fruits should not be sold in a store, as explained in the Jerusalem Talmud (Shevi'it, chapter 7, halacha 1) that they should not be sold in a place where sales occur all year. Additionally, some Sephardim are concerned with the Rambam's opinion (chapter 7, halacha 3) that biur means burning, and Otzar Beit Din fruits that have passed biur need to be burned. However, the prevalent opinion in halacha follows the Ramban (Leviticus 25) that Otzar Beit Din fruits, when during biur in the possession of Otzar Beit Din, are exempt from biur, see Chazon Ish, siman 11. There are also those who believe there is no allowance for Otzar Beit Din at all since the Rambam does not mention it. However, in halacha, we follow the opinion of the Ramban (Leviticus 25) and the Rash (Shevi'it, chapter 9, mishnah 8) who follow the halacha as the Tosefta (Shevi'it, chapter 8). Therefore, there are Shemitah committees that do not sell these fruits. Azmera Leshimcha (Shemitah, issue 2).