Otzar Beit Din
The Source for Otzar Beit Din
It is explained in the Tosefta (Sheviit, ch. 8) that the Sages instituted that the beit din should be involved in gathering the produce and distributing it to the people of the city, for the benefit of the city’s residents, so that they would not need to go to the fields to pick it.
This Tosefta is cited by the Ramban in Parashat Behar (Vayikra 25) and by the Rash (ch. 8, mishnah 9).
The Rambam did not mention this Tosefta, and it must be examined whether the Rambam holds that this Tosefta was not accepted as practical halacha. The Radbaz (ch. 7, Laws of Shemitah and Yovel) wrote that this is not a halacha; and it is uncertain whether he means that it was not ruled as halacha, or that it is not a halacha but rather advice.
Some Sephardim do not rely on the leniency of Otzar Beit Din, since the Rambam did not mention it, and in the laws of Shemitah, where there is no Shulchan Aruch, the halacha follows the Rambam. However, this depends on the above point — whether the Rambam indeed did not rule this as halacha. Nevertheless, many Sephardim do rely on Otzar Beit Din and do not accept this rule at all, but follow the opinion of the Ramban and the Rash.
The Laws of Otzar Beit Din
The beit din rents a place where the produce designated for distribution will be placed, and appoints agents to pick and gather produce as one harvests grain and grapes in other years. [Some had the custom to do this through a non-Jew, but the opinion of the Chazon Ish is that it may be done in the usual manner even through a Jew].
It is permitted to sell Otzar Beit Din produce even by measure and weight. [Some had the custom to sell by estimation].
The law of biur with regard to Otzar Beit Din is explained below, in chapter 7.
Commerce in Otzar Beit Din — there is no prohibition of commerce and no status of shemitah money in Otzar Beit Din, since the payment is given for the wages of the workers and the expenses involved in gathering the produce, and not for the produce itself.
One should discuss whether it is permitted for the beit din to take payment for expenses incurred while the produce is still attached to the tree (such as watering and the like).
The price of Otzar Beit Din produce — the price must be lower than that of market produce so that it will be evident that the produce is ownerless and that the payment is only for the expenses.
Whether it is permitted to sell Otzar Beit Din produce in a regular store — this was explained above (chapter 2, sections 11 and 14).
The amount that [a private individual] is permitted to pick from fruit trees that have the sanctity of the seventh year is an amount sufficient for a person and his family for one to two weeks; see below, ch. 8, sec. 33.
The amount that may be taken from the domain of the Otzar Beit Din [produce detached by the agents of the beit din] may even be a large amount, as long as it does not appear that he is taking an amount intended for commerce.
One may not take produce from the domain of the Otzar Beit Din without paying the expenses, even though the produce is ownerless.
