Buying Fruits and Vegetables in the Shemittah Year
Concerns of Prohibition When Buying Fruits and Vegetables in the Seventh Year
A. Sefichin — vegetables whose growth began during the Shemittah year are forbidden to eat because of the prohibition of sefichin. If they began growing before the Shemittah year and were picked during Shemittah, they have the sanctity of the seventh year, but they are not subject to the prohibition of sefichin [according to the view of the Ramban and the Rash].
Grain and legumes, even if they were sown in the sixth year, if they reached one third of their growth during the seventh year, are forbidden under the prohibition of sefichin. Therefore, in order to be able to buy grain and legumes in a store, one must ascertain that they reached one third of their growth before the Shemittah year; and when buying vegetables one must ascertain when they began to grow. Therefore, reliable kashrut supervision is necessary. Some authorities hold [the view of the Rambam] that anything picked in the seventh year, even if it began growing earlier, is subject to the prohibition of sefichin; this will be explained below in chapter 5.
B. Guarded and worked produce — produce that grew in a field that was not declared ownerless as required by law, or upon which prohibited labors were performed during the Shemittah year, is forbidden to eat according to some stringent authorities. Even according to those who permit eating it, one should nevertheless refrain from buying it because of “lifnei iver” and because of assisting transgressors, since by doing so one causes the owners to continue working in a prohibited manner.
C. Biur — Shemittah produce for which the time of biur has passed and which was not removed/declared ownerless in the proper manner becomes forbidden to eat.
D. The prohibition of commerce — it is forbidden to trade in Shemittah produce in the ordinary commercial manner used in other years, as it says: “for eating,” and not for commerce [Avodah Zarah 62a]. Even in a permitted manner, it is forbidden to sell it by measure, weight, or number, but only by estimate; likewise it is forbidden to sell it in a place where such produce is normally sold in other years. Regarding inclusion in another payment, credit sales, and the other laws of commerce, this will be explained below in chapter 3.
E. Shemittah money — one who sells Shemittah produce: although the produce remains sanctified, the money received by the seller also becomes sanctified with the sanctity of the seventh year. The produce, too, continues to be sanctified [however, if it was bought on credit or by inclusion in another payment, the money does not become sanctified, as will be explained below in chapter 3].
F. The prohibition of buying from an am ha’aretz — even in cases where there is no prohibition of commerce, nevertheless one may not buy in these ways from an am ha’aretz, because one may not hand over to him money for Shemittah produce [Sukkah 39a].
Therefore, in order to avoid all these concerns, one must be careful to buy in stores under high-level, reliable kashrut supervision, where the fruits and vegetables are sold in the ways that will be explained below.
Ways in Which It Is Permitted to Buy Vegetables During Shemittah
G. Sixth-year produce, meaning that the vegetables were picked in the sixth year and do not have the sanctity of the seventh year. This is found mainly with vegetables that keep for a long time, such as potatoes, sweet potatoes, onions, carrots, and garlic [regarding vegetables that began growing in the sixth year, see below, paragraph 11].
H. Outside the Land of Israel [it is common for produce to be brought from Cyprus and Jordan. Wherever it says “foreign-grown produce,” one must verify that this means truly outside the Land of Israel and not the Aravah].
I. Vegetables from the Aravah. Vegetables grown in the northern Aravah (“Paran and Ein Yahav” (Yahel)) and in the southern Aravah (from Yotvata and Eilot).
Regarding the southern Aravah region, the practical ruling is to treat it as outside the Land of Israel, and this is the practice of the high-standard kashrut agencies. Some, however, are stringent and are concerned that even this area is considered part of the Land of Israel, and they do not use such produce because of the concern of sefichin. Regarding the northern Aravah, many authorities disagree: some kashrut agencies market vegetables grown there as foreign produce, while others are concerned and do not market from there, since according to some opinions this region is considered part of the Land of Israel, and the vegetables are subject to the prohibition of sefichin.
J. Produce grown by a non-Jew. It was explained above that such produce is not subject to the prohibition of sefichin. However, there is a dispute whether it has the sanctity of the seventh year. Therefore, there are places where vegetables grown by non-Jews are sold in the ordinary manner, because they hold that produce of a non-Jew does not have the sanctity of the seventh year [this is the case in many vegetable stores in Jerusalem]. But according to the authorities who hold that it does have the sanctity of the seventh year — and this is the view of Maran the Chazon Ish, who held that everyone must be careful about this — one may buy only through the appointment of an agent. Therefore, one must sign a special form found in vegetable stores where they observe the sanctity of the seventh year [this is the practice of stores in Bnei Brak and in many places throughout the country, and likewise in a significant number of stores in Jerusalem]. The explanation of the agency form is set out below.
However, one must be careful to investigate thoroughly that the vegetables indeed grew in land belonging to a non-Jew, because many problems are common in this area: sometimes it turns out that the land is not truly non-Jewish land according to the parameters of Halachah; sometimes it turns out that the vegetables did not grow attached to the non-Jew’s land, but rather crates of vegetables were brought from elsewhere; and one must also verify whether a binding agreement was made with the non-Jew that he would grow the vegetables for Jews.
K. Otzar Beit Din. As stated, vegetables that began growing in the sixth year and were picked in the seventh year are not subject to the prohibition of sefichin (according to the Rash and the Ramban), but they do have the sanctity of the seventh year. Some kashrut agencies market these vegetables under their supervision. In order to avoid the prohibition of commerce and the prohibition of harvesting and gathering in quantity, this is done through an Otzar Beit Din: all the vegetables are declared ownerless, and the Beit Din takes them under its authority and hires workers to perform the actions permitted during Shemittah. The payment when purchasing from an Otzar Beit Din is for the Beit Din’s expenses in handling the vegetables, and not for the vegetable itself.
However, there are kashrut agencies that do not sell these vegetables, since according to the Rambam every vegetable picked in the seventh year is prohibited as sefichin, as above. Although the practical halachah follows the Ramban and the Rash that there is no prohibition of sefichin in them (Chazon Ish, Shevi’it, siman 9, se’if katan 17), nevertheless they seek to be stringent and take the Rambam’s view into account, selling only vegetables picked in the sixth year [such as potatoes, as above in paragraph 7].
There are also those who hold that there is no permission for Otzar Beit Din at all, since the Rambam did not mention it [however, in practice we rule that there is such a permission, following the Ramban (Vayikra 25) and the Rash (Shevi’it 9:8), who ruled in accordance with the Tosefta, Shevi’it 8]. Therefore, there are Shemittah committees that do not sell vegetables from Otzar Beit Din at all. There are also those who are concerned that one may not sell in a store, as below in paragraph 14.
L. Heter mechirah. Vegetables from heter mechirah may not be used, for they are forbidden under the prohibition of sefichin. If one has such vegetables, he should wait until they spoil; and according to the Chazon Ish [Shevi’it, siman 9, paragraph 6], it is even permitted to destroy them directly.
M. Detached growing bed — greenhouses. This means that the substrate on which the plants grow (soil/gravel/tuff/straw, etc.) is placed on rigid plastic sheets and is covered on the sides by walls; its status is like that of an unperforated pot located indoors. Some are lenient and hold that in such a case the vegetables are not subject to the prohibition of labor and do not have the sanctity of the seventh year [see Azmerah Lishmecha, Shevi’it 1]. In practice, however, one should be stringent, since this dispensation is not clear, especially in greenhouses where it is normal to plant throughout the year, and also because the entire dispensation for growing indoors is based on the fact that a house interferes with natural growth, whereas greenhouses promote growth. Furthermore, large pots are considered like land [see the above-mentioned bulletin]. Some are lenient where the detached substrate is sold to a non-Jew, and there is no issue of “lo techanem,” since it is an unperforated pot and the labors prohibited by Torah law are performed by a non-Jew.
Practical Ways to Buy Fruit During the Seventh Year (Fruit Is Not Subject to the Prohibition of Sefichin)
Winter fruits that reached chanatah before the Shemittah year [the Rishonim disagree whether chanatah means the beginning of growth or the end of the fruit’s ripening] — even if they were picked during Shemittah — do not have the sanctity of the seventh year and are obligated in terumot and ma’asrot [and only winter fruits in the eighth year that reached chanatah during the Shemittah year are sanctified with the sanctity of the seventh year].
Summer fruits that reached chanatah in the seventh year have the sanctity of the seventh year and are exempt from terumot and ma’asrot.
N. Fruits from Otzar Beit Din have the sanctity of the seventh year and are exempt from terumot and ma’asrot. There are kashrut agencies that market these fruits under their supervision. In order to avoid the prohibition of commerce and the prohibition of harvesting and gathering in quantity, this is done through an Otzar Beit Din: all the fruits are declared ownerless, and the Beit Din takes them under its authority and hires workers to perform the actions permitted during Shemittah. The payment when purchasing from an Otzar Beit Din is for the Beit Din’s expenses in handling the fruits, and not for the fruit itself.
This helps farmers observe Shemittah properly according to Halachah, by becoming workers of the Beit Din.
After the time of biur, the fruits become forbidden if they are in the buyer’s possession, unless he declared them ownerless. But if at the time of biur they are in the possession of the Otzar Beit Din, they are exempt from biur. Therefore, a person who receives wine from an Otzar Beit Din must determine where the wine was at the time of biur: if it was in the possession of the Otzar Beit Din, it is exempt from biur; or whether it was in the buyer’s possession at the time of biur, in which case if he did not perform biur it becomes forbidden. Likewise, if the Otzar Beit Din was not set up properly according to law, even if the wine was in the possession of the Otzar Beit Din at the time of biur, the wine becomes forbidden.
There are those who are concerned that fruits of Otzar Beit Din may not be sold in a store, based on what is explained in the Jerusalem Talmud (Shevi’it 7:1), that one may not sell in a place where one sells all year. Likewise, some Sephardim were concerned for the view of the Rambam (7:3) that biur means burning, and fruits of Otzar Beit Din whose time of biur has passed require burning [indeed, the prevalent halachic opinion follows the Ramban (Vayikra 25), that fruits of Otzar Beit Din which are in the possession of the Otzar Beit Din at the time of biur are exempt from biur; see Chazon Ish, siman 11]. There are also those who hold that there is no permission for Otzar Beit Din at all, since the Rambam did not mention it [however, in practice we rule that there is such a permission, following the Ramban (Vayikra 25) and the Rash (Shevi’it 9:8), who ruled in accordance with the Tosefta (Shevi’it 8)]. Therefore, there are Shemittah committees that do not sell the above fruits; they are also concerned that if the price of Otzar Beit Din fruits is not significantly cheaper than usual, it appears that one is paying for the fruit itself.
O. Fruits and wine from heter mechirah are forbidden to buy because of the prohibition of commerce in Shemittah produce. If one bought/received them, or is a guest, it is permitted to eat them until the time of biur; after the time of biur, if they were not subjected to biur at the proper time, they are forbidden to eat.
P. Fruits from outside the Land of Israel. Fruits that come from outside the Land of Israel, or that come from the Aravah in a manner that gives them the status of produce from outside the Land of Israel [as above, sections 2–3], do not have the sanctity of the seventh year, and one may trade in them as usual; they are exempt from terumot and ma’asrot as in other years. Fruits and vegetables from Transjordan have the sanctity of the seventh year; if they grew in the possession of a non-Jew, it depends on the above-mentioned opinions in paragraph 10, and they are not subject to the prohibition of sefichin.
Q. Fruits of a non-Jew. Fruit is not subject to the prohibition of sefichin, but there is a prohibition of commerce according to those who hold that fruits of a non-Jew have the sanctity of the seventh year. Therefore, until the time of biur, if one has already bought fruit grown by a non-Jew, or if one is a guest or eats in a hall and fruits of a non-Jew are served before him, it is permitted to eat them until the time of biur and to treat the leftovers and peels with the sanctity of the seventh year. After the time of biur, one may not eat fruits of a non-Jew that the Jew did not subject to biur when the fruits came into his possession [since a Jew who bought fruits of a non-Jew is obligated to perform biur when the time of biur arrives. Although the fruits do not become forbidden at the time of biur while they are in the non-Jew’s possession, after the Jew has taken them from him he must perform biur; if he did not do so, the fruits become forbidden].
Explanation of the Agency Document (Discussed Above in Paragraph 10)
The buyer writes an appointment of agency in which he appoints the seller as his agent to buy on his behalf from the non-Jew [and the seller writes an additional appointment of agency in which he appoints the supplier to be his agent to buy from the non-Jew]. In this way, the purchase does not involve the prohibition of commerce, because the merchandise is not bought from the seller [see Sukkah 39a]; rather, one pays him the cost of the merchandise as it cost the seller, together with payment for his labor, the place, and the losses from merchandise that was not sold. Therefore there is also no prohibition of measuring and weighing, because this is only a clarification of the portions of the partners who bought through an agent from the non-Jew. Some order from the non-Jew according to customer registration, and then it more closely resembles genuine agency.
There are stores that sell by the “commission” method, meaning that the merchandise still remains the property of the non-Jew and the responsibility is his. Thus the payment is transferred directly to the non-Jew through the seller.
