Commerce with Shemittah Produce and Shemittah Money
It is forbidden to trade in Shemittah produce in the manner one trades in other years, as it is stated: “for eating, and not for commerce” (Avodah Zarah 62).
The later authorities disagree as to who transgresses the prohibition — whether only the seller, or also the buyer. The view of the Noda BiYehudah (first edition, Even HaEzer 77) is that the prohibition applies only to the seller, while the view of HaMakneh, Kiddushin 52, is that the prohibition applies also to the purchaser.
Even according to the Noda BiYehudah, the buyer transgresses because of lifnei iver — placing a stumbling block before the blind; there are several practical ramifications of this, as will be explained below.
1. Even if the seller says that the payment is for the effort involved and not for the fruit, this involves the prohibition of commerce.
2. Even if the seller says that the fruit is a gift and the buyer says that the money is a gift, it appears that this involves the prohibition of commerce.
3. The prohibition applies to one who picked the fruit from the tree, or to one who bought a large quantity; but if he picked or bought a small quantity — even if his purpose was to sell it to others — this does not involve the prohibition of commerce [although the money has the sanctity of Shemittah].
4. The amount considered a forbidden large quantity: more than the amount sufficient for a family for one week. But if the quantity is the amount sufficient for a family for one week, this does not involve the prohibition of commerce.
5. Sale by inclusion: If one sells by havla’ah — inclusion — specifying that the money is being given for the products that do not have the sanctity of Shemittah, while the Shemittah produce is being given as a gift, there is room to question whether this permits the prohibition of commerce, or whether it is effective only regarding the prohibition of handing over Shemittah money to an am ha’aretz. See further below, paragraph 14.
6. Sale on credit: A sale on credit is not effective regarding the prohibition of commerce; it is effective only regarding the prohibition of handing over Shemittah money to an am ha’aretz.
7. If one transgressed and traded in Shemittah produce, the sale takes effect, the produce remains in its sanctity and is permitted to be eaten, and the money becomes imbued with the sanctity of Shemittah.
Measure, Weight, and Counting
8. Even in a case where the quantity of the merchandise is small, as explained above in paragraphs 3–4, and there is no prohibition of commerce, nevertheless it is forbidden to sell the produce by measure, weight, or count, but only by estimation. It is likewise forbidden to sell at the price at which it is sold in other years, and it is forbidden to sell in a place where it is normally sold in other years, and it is forbidden to sell in packaging in which it is normally sold in other years.
9. The Sages added this prohibition even with respect to produce from outside the Land of Israel that is sold in the Land, so that people should not come to err and permit this prohibition even with produce of the Land of Israel. But if the produce is recognizable as being from outside the Land, this prohibition does not apply to it, as below, paragraph 10.
10. Regarding vegetables from outside the Land, the Chazon Ish (Shevi’it, siman 14, se’if katan 12) is uncertain whether this prohibition applies, since the rationale that people might come to err and permit produce of the Land of Israel as well is not applicable, because vegetables grown in the Land of Israel are prohibited due to the prohibition of sefichin.
In any event, if they are marked as being from outside the Land, they may be eaten in the ordinary manner. Regarding the sanctity of Shemittah, the Chazon Ish writes there that in any case, even if it is not recognizable that they are from outside the Land, they do not have the sanctity of Shemittah.
11. One who is particular to observe the sanctity of Shemittah with produce grown by non-Jews must consider whether he may buy in a store that sells without a document of agency. This depends on the issue mentioned above: whether the prohibition applies only to the seller or also to the buyer. If the prohibition applies also to the buyer, he may not buy; if the prohibition applies only to the seller, one must discuss whether there is a prohibition of lifnei iver here, since the seller relies on his rabbis who permit it. The view of the Mabit [vol. 1, siman 21] is that there is no lifnei iver in this case [and then it is also permitted to buy using the seller’s weighing; and regarding the prohibition of handing over Shemittah money to an am ha’aretz, he should buy by havla’ah or on credit, as below]. However, in a place where everyone is particular about this, so that the seller is not entitled to be lenient about it, the buyer transgresses lifnei iver.
12. One who buys in a restaurant [or in shops selling falafel, prepared food, and the like] food that has the sanctity of Shemittah must be concerned for the prohibition of commerce in Shemittah produce. The only possibility is through havla’ah, and this ruling depends on whether havla’ah is effective to permit the prohibition of commerce; see above paragraphs 5 and 14.
13. One who orders from a caterer or an event hall that uses vegetables sanctified with the sanctity of Shemittah must sign an agency form before ordering from them [when they too purchase through an agency form or directly from the non-Jew]. If he did not sign, the only possibility is through havla’ah, as above in the previous paragraph.
14. There is room to discuss that in an event hall, havla’ah would be effective according to all opinions if he specifies that the payment is for the other foods, the rental of the venue, and the wages of the workers, since a large and primary part of the payment is for these items [see Tosefta, chapter 6, halachah 15; see also Bechorot 31 and Tosafot, Sukkah 39a, and the Rash, chapter 7, Mishnah 3]. This requires further analysis.
Additional Laws Concerning the Prohibition of Commerce
15. One may not repay a debt with Shemittah produce, for this is included in the prohibition of commerce.
16. Mishloach manot with Shemittah produce: To give mishloach manot with Shemittah produce: if one has already fulfilled the obligation of mishloach manot by giving to another person, it is certainly permitted. But if he has not yet fulfilled the obligation of mishloach manot and wishes to fulfill it with this mishloach manot that contains items sanctified with the sanctity of Shemittah, although some are stringent in this regard, considering it like repaying a debt with Shemittah produce, nevertheless the primary halachah is that one may give it, because fulfilling a mitzvah is not considered “commerce” with Shemittah produce. However, to “return” mishloach manot consisting of items sanctified with the sanctity of Shemittah to someone who sent him mishloach manot — there is room to question whether this is permitted.
Selling Shemittah Produce to a Non-Jew
One may not feed Shemittah produce to a non-Jew unless he is a guest of the Jew. Therefore, if a non-Jew enters a vegetable store and wishes to buy a Shemittah vegetable or fruit, one should try to avoid doing so and not sell it to him.
One may be lenient regarding selling or feeding Shemittah produce to someone who does not observe Torah and mitzvot.
The Sanctity of Shemittah Money
1. One who sells Shemittah produce — although the produce remains in its sanctity, the money received by the seller is sanctified with the sanctity of Shemittah.
2. If the sale was made by havla’ah or on credit, the money does not become imbued with the sanctity of Shemittah. Therefore, if he paid by check or credit card, the money does not acquire the sanctity of Shemittah. As for the prohibition of commerce, this was explained above.
A sale by havla’ah applies only where there is no invoice that itemizes the products.
3. The Rishonim disagree whether a purchase on credit that causes the money not to acquire the sanctity of Shemittah applies specifically when payment is made after the produce no longer exists, or whether even if he pays while the produce still exists, the money does not acquire the sanctity of Shemittah. According to this latter opinion, it is enough for him to agree with the seller that payment will be made later, and after this agreement he may pay him immediately. The view of the Chazon Ish is that one may be lenient in accordance with the second opinion.
4. One who buys Shemittah produce from a non-Jew — the money does not acquire the sanctity of Shemittah [Responsa Maharit, vol. 1, siman 43; Birkei Yosef, Yoreh De’ah 331].
5. The prohibition of handing over Shemittah money to an am ha’aretz — one who buys from an am ha’aretz, even in a case where there is no prohibition of commerce, the Sages forbade handing over the money for the produce to an am ha’aretz. Therefore, one may buy from him only by havla’ah or on credit.
6. Concerns regarding Shemittah money — money received from a bank or from stores that are not food stores need not be suspected of being Shemittah money, since most money in circulation is not Shemittah money.
7. Stores that sell non-Jewish produce through an agency document — the money does not have the sanctity of Shemittah, and therefore one may receive change from them.
8. According to the practice of the New Yishuv, which treats non-Jewish produce as having the sanctity of Shemittah, if one receives change from a food store that sells vegetable salads sanctified with the sanctity of Shemittah [even from those who did not sign an agency document], or if one receives change from a vegetable store that sells non-Jewish fruits and vegetables without an agency arrangement, one must be concerned that the change has the sanctity of Shemittah. Therefore, one should pay by check or credit card [where there is no concern for the prohibition of interest] or with exact money.
One should discuss whether it is possible to tell the seller that the sanctity of Shemittah present in the change should take effect upon the money he is giving him. It appears that if the seller understands what the buyer said to him, it is effective and one may do so.
9. If one has money in his possession regarding which there is concern that it may be Shemittah money, he should take a fruit worth the value of the money and say: “The Shemittah money in my possession shall be redeemed onto this food.”
It appears that although ideally one redeems only onto its full value [Chazon Ish, siman 13, se’if katan 13, and likewise se’if katan 5], nevertheless in a case where there is only a concern that he has Shemittah money in his possession, one may redeem even onto the value of a perutah.
