Otzar Beit Din after Biur
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Question
Are the fruits of Otzar Beit Din forbidden after the time of biur?
Answer
It depends on who had the fruits at the time of biur: if the fruits were in the possession of the buyer and he did not declare them ownerless, the fruits are forbidden. If the buyer declared them ownerless according to the law, the fruits are not forbidden. However, if at the time of biur they were in the possession of the Otzar Beit Din, the fruits are exempt from biur.
Source
Some Sephardim were concerned with the opinion of the Rambam (Perek 7, Halacha 3) that biur means burning, and fruits of Otzar Beit Din that have passed the time of biur must be burned. However, the prevailing opinion in Halacha follows the Ramban (Leviticus 25) that fruits of Otzar Beit Din, when at the time of biur they are in the possession of the Otzar Beit Din, are exempt from biur, see Chazon Ish, Siman 11. Azmera Leshimcha (Shemita, Issue 2).
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