The Laws of Eating Shemitah Produce | Ask the Rabbi - SHEILOT.COM

The Laws of Eating Shemitah Produce

Eating and Deriving Benefit from Shemitah Produce

Shemitah produce is permitted not only for eating, but also for other forms of benefit that serve human needs, provided two conditions are met: first, that its benefit and its consumption/destruction occur simultaneously; and second, that this form of benefit is equally applicable to all people [Sukkah 40; Bava Kamma 102].

The first condition — “that its benefit and its consumption/destruction occur simultaneously” — excludes laundering with Shemitah produce, such as using a lemon to remove stains, since its benefit and its consumption/destruction are not simultaneous: the benefit is the clean garment, while the fruit has already been used up beforehand.

The second condition — that this benefit is equal for all people — excludes medicinal use, which is not equally applicable to everyone.

It is explained in the Mishnah in Shevi’it (chapter 8), and ruled by the Rambam (chapter 5 of Hilchot Shemitah VeYovel), that Shemitah produce was given for eating, drinking, anointing, lighting a lamp, dyeing, and for eating an item in the manner in which it is normally eaten, etc.

It is thus clear that Shemitah produce may be eaten only in its usual manner of consumption. Several laws follow from this, as detailed below.

Mashing and grinding — it is permitted to mash Shemitah fruits and vegetables that are normally mashed, such as potatoes, apples, avocados, carrots, tomatoes, and the like.

It is permitted to mash foods for a sick person, an elderly person, or a small child, even fruits that are not normally mashed for a healthy person.

Fruits and vegetables that are not normally mashed may not be mashed, but one may cut them very finely with a knife.

Fruits and vegetables that may be mashed may even be mashed completely, to the point that the original form of the fruit is lost.

It is permitted to make jam from fruits from which jam is normally made, even though they become completely crushed.

It is permitted to mash bananas that are about to spoil [if this is commonly done] in order to prepare cake or ice cream, so that they will be eaten and not thrown away.

Squeezing — it is permitted to squeeze grapes to make wine and grape juice, and it is likewise permitted to squeeze olives to make oil [Terumot 11:3; Rambam, Hilchot Terumot 11:2 and Hilchot Shemitah VeYovel 5:3].

It is permitted to squeeze oranges and grapefruits [Chazon Ish, Shevi’it 25; his reasoning is that although it is forbidden to turn food into a drink, because it becomes “sweat” and the body of the fruit is lost, here it is permitted because it is considered like mashing the fruit, which is permitted, since the body of the fruit also comes out]. One who finds it difficult to drink without straining may be lenient and strain it as well.

Fruits and vegetables commonly used for squeezing, such as carrots, pomegranates, apples and the like, are subject to doubt as to whether they may be squeezed [for one may argue that since this is the usual practice, it is not considered “sweat,” even though the reason mentioned in the previous paragraph — that it is considered mashing the fruit — does not apply]. One who is lenient in this has authorities on whom to rely.

Fruits that are not commonly used for squeezing may not be squeezed. If one transgressed and squeezed them, the juice may be drunk [but one should not buy from someone who does this (Bekhorot 29)], though it must be treated with the sanctity of Shemitah.

Peeling fruits — it is permitted to peel fruits and vegetables that are normally peeled, even though this causes the peel to be lost, since this is the normal manner. However, it is forbidden to peel fruits and vegetables that are not normally peeled, because by peeling them one causes the peel to be discarded as waste.

Raw and cooked — one may not change the usual manner of eating the fruit (for example, whether it is normally eaten raw, cooked, or pickled). Fruits and vegetables normally eaten raw should be eaten raw; those normally eaten cooked should be eaten cooked. If they are normally eaten both raw and cooked, one may eat them as desired.

It is permitted to cook Shemitah fruits and vegetables that are normally cooked, in the same way as in other years [and it is likewise permitted to make compote and jam from fruits for which this is normal]. However, fruits that are normally cooked may not be eaten raw, and vice versa. If one transgressed and cooked something that is not normally cooked, it may be eaten.

Baking, roasting, frying, and cooking are all considered one form of cooking; that is, anything normally prepared by cooking may also be roasted, baked, or fried, and vice versa.

Pickling — fruits and vegetables that are not normally pickled may not be pickled.

A vegetable that is normally pickled, such as a cucumber, may not be cooked [and whether pickled food has the status of cooked food regarding Shemitah — see Mishnat Rav, Shevi’it 7:7].

Additional laws — it is permitted to make ice cream and popsicles from juices squeezed from Shemitah fruits.

Vegetables normally eaten in a mixture, such as garlic or onion, may not be eaten on their own, for this is considered eating them in an unusual manner.

A form of use practiced by many people [regarding how the fruit is eaten — raw or cooked], even if the majority of people do not eat it that way, is considered a normal manner of eating.

Medicine — it is forbidden to use Shemitah produce for medicinal purposes [unless it is used in a way that does not cause the fruit to spoil, in which case it is permitted].

Animal food may be used for human medicine, but not for animal medicine.

It is forbidden to gargle and spit out Shemitah vinegar for dental treatment; likewise, it is forbidden to drip Shemitah oil for ear treatment; and it is forbidden to swallow Shemitah oil unless the oil is mixed with food, such as in a salad and the like [Yerushalmi 8:2].

Food that spoiled and is no longer fit for human consumption — some say that if it is still fit for animal consumption, it may not be used as medicine for a person.

Anointing with Shemitah oil — it is permitted to anoint the body with Shemitah olive oil [but not in a bathhouse or restroom], provided it is not evident that this is for medicinal purposes. Therefore one may not put oil on a bandage or cotton wool. In our times, there is room to question whether it is permitted to anoint one’s body with olive oil (see Orach Chaim 327).

Shemitah wine — it is permitted to make wine and grape juice from Shemitah grapes. It is permitted to strain wine from its lees, even if this causes a small amount of wine to be lost.

Wine made from Shemitah grapes should not be cooked, but it may be pasteurized.

It is permitted to put wine into a cake or cooked dish when it imparts flavor; if its taste is not noticeable, there is room for doubt, but it appears that it is permitted even when its taste is not noticeable.

One should not fill a cup of blessing to the brim if the spilled wine will be lost.

Laws of Causing Loss to Shemitah Produce

Shemitah wine for Kiddush and Havdalah — one may not pour out Shemitah wine into the Havdalah cup, because the wine is lost, and one may not extinguish the candle in the spilled wine. It may, however, be used for Kiddush.

Shemitah wine on the Seder night — Shemitah wine should not be used on the Seder night for the second cup, because some is poured out during the recitation of the Ten Plagues, and this constitutes a loss of Shemitah wine.

Shemitah oil for lighting Shabbat and Chanukah candles — it is permitted to use Shemitah oil for lighting Shabbat and Yom Tov candles, but not for lighting Chanukah candles, because it is forbidden to benefit from their light.

Shemitah oil for frying in a pan — if the purpose of the oil is only to prevent the food from sticking to the pan, it is forbidden; but if the oil is also intended to add flavor, it is permitted.

Giving fruit to a small child — it is permitted to give a small child a fruit even though he will cause part of it to be lost; leftovers from a child’s eating must be kept with Shemitah sanctity.

Wine in separating challah — some say that one should not mix Shemitah wine or oil into dough that is obligated in challah separation, because the portion separated as challah will be lost.

Wine in chametz foods on Erev Pesach — one may not mix Shemitah wine or oil into a large quantity of baked goods before Pesach if there is a reasonable chance that they will not all be eaten before Pesach.

Giving Shemitah produce to animals — it is forbidden to feed animals Shemitah produce that is fit for human consumption, even if there is nothing else to do with the produce [regarding fruits planted specifically for feeding animals, the later authorities disagree; see Maharit, part 1, end of chapter 3, and Pe’at HaShulchan 25].

Shemitah fruits that became unfit for human consumption may be fed to animals [Yerushalmi 7:1; Chazon Ish 13 and 14].

Potato, banana, and melon peels — even if some of the fruit’s flesh is attached to them — may be given to animals, since they are not fit for human consumption.

Animal food has Shemitah sanctity even though it is not fit for human consumption, and it may be fed to animals even though part of it will be lost.

The Taste of Shemitah Produce

Cooking water — water in which Shemitah vegetables or fruits were cooked must be treated with Shemitah sanctity [if there is not sixty times as much water as the fruits or vegetables, and even when there is sixty times as much, if the Shemitah fruit/vegetable is meant to impart flavor]. However, water in which potatoes were cooked does not have sanctity, because its taste is bland.

Pickling water — water in which Shemitah cucumbers or olives were pickled, since people are not accustomed to using this water, has no sanctity.

Bones — bones cooked in soup that contains Shemitah vegetables: if they contain marrow and it is customary to eat it, or if some meat remains on them, they must be treated with Shemitah sanctity; but if there is no meat on them and it is not customary to eat the marrow inside them, they do not have Shemitah sanctity.

Absorptions in a pot — if Shemitah produce was cooked in a pot, and within 24 hours food without Shemitah sanctity was cooked in it, there is room to doubt whether the food has Shemitah sanctity because of the absorbed taste. However, if one tastes the food and does not sense the taste of the fruit that has Shemitah sanctity, there is no need to treat it with Shemitah sanctity.

A sharp item — regarding a sharp item cut with a knife that absorbed the taste of Shemitah fruits, there is room to be lenient because of several doubts.

The Shemitah Bin

Food leftovers and peels that have Shemitah sanctity should be placed in a sealed plastic bag and put into a special Shemitah bin, and not mixed with ordinary garbage, because that causes them to spoil quickly. The verse states: “לאכלה - ולא להפסד” — “for eating, and not for loss,” meaning that it is forbidden to actively cause the produce to spoil.

After the leftovers have remained in the bin for two or three days, they have already spoiled and may be thrown into the garbage.

It is permitted to place all the leftovers and peels of one day into one plastic bag, and also to mix with them non-Shemitah peels from that same day. Although some of the peels spoil quickly and thereby cause the other peels to spoil more quickly, it is permitted because this occurs indirectly.

Similarly, it is permitted to place food leftovers in a bag and tie it, even though this preserves the moisture in the bag and causes the leftovers to spoil and rot more quickly, since it is only an indirect cause of loss, as above. According to many poskim, there is no prohibition to cause loss to Shemitah produce indirectly; the prohibition is only to destroy it actively, especially with regard to food leftovers.

One should not place leftovers in the Shemitah bin day after day when yesterday’s leftovers cause the leftovers placed there today to spoil quickly. One should be concerned that this is considered active loss, since food that has begun to rot causes fresh leftovers to spoil quickly. Therefore, the leftovers of each day should be placed in a separate bag and then placed in the Shemitah bin.

It is permitted to wash pots and plates to which Shemitah food is stuck, even though the washing causes the remnants to be lost [Terumot 11; Rambam, Hilchot Terumot 11:11 and 14].

Soup in which Shemitah vegetables were cooked — since the soup has the taste of the vegetables, it has Shemitah sanctity and should be poured into the Shemitah bin. Likewise, oil in which a Shemitah item was fried should not be discarded; it should be placed in the Shemitah bin for several days until it spoils, and then thrown into the regular garbage.

Shemitah foods cooked in water: if people are not accustomed to using the water, it may be poured out (for example, potatoes cooked in water — if it is customary to pour out the water, it does not have Shemitah sanctity).

A Shemitah beverage that spilled on the ground, such as oil or wine, need not be collected [Rambam, Hilchot Terumot 11:14 and Hilchot Shemitah VeYovel 5:3].

When a bottle of oil is nearly empty, one should wait until the final stream stops and the oil begins to drip slowly; after three drops have fallen, it is permitted to dispose of what remains on the walls of the vessel [but if the bottle was set down and oil accumulated at its bottom, it is forbidden to dispose of it].

Seeds — sunflower, watermelon, melon, and pumpkin seeds grown in the Land of Israel have Shemitah sanctity.

Pomegranate seeds have Shemitah sanctity.

A date pit does not have Shemitah sanctity.

Orange seeds and the seeds of other citrus fruits do not have Shemitah sanctity.

Loquat and apricot pits do not have Shemitah sanctity.

A peach or plum pit — since some of the fruit is attached to it, it must be preserved with sanctity. If only a small amount of fruit remains, of the kind that people do not normally eat, it need not be kept with Shemitah sanctity.

Peels — peels fit for human consumption, such as cucumber, carrot, and apple peels, have Shemitah sanctity and may not be thrown away.

Peels fit for animal consumption, if it is not customary to give them to animals, such as potato peels, are subject to doubt whether they have Shemitah sanctity; in practice, one is stringent about this.

Orange peels and the peels of other citrus fruits must be treated with Shemitah sanctity.

Peels to which some of the fruit’s flesh is attached may not be destroyed.

Taking Shemitah produce outside the Land of Israel — Shemitah produce may not be taken outside the Land of Israel, even if one intends to eat it before the time of biur.

Selling Shemitah produce to a non-Jew — it is forbidden to sell Shemitah produce to a non-Jew; the details of these laws were explained above in chapter 3.