Picking an Etrog in a Field of Otzar Beit Din

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Question

Is it permissible for a person to pick an etrog during the Shemitah year in a field where the Beit Din has invested funds to enhance the yield so that etrogim are available for the public?

Answer

Hello,

A field in which the Beit Din has invested funds remains hefker (ownerless) in all respects, but the Beit Din is permitted to collect from the public the expenses they invested in it. Therefore, the Beit Din cannot prevent a private individual from picking fruits from the orchard, but they can set a price for each etrog picked there.

If the picking causes damage to the trees or other fruits, it is certainly not ethical to pick there and undermine the efforts of the Beit Din that were invested for the benefit of the public.

Source

Tosefta Shevi'it, Chapter 8.

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