The Laws of Biur and Its Time

The Law of Biur

The Torah states: "ולבהמתך ולחיה אשר בארצך תהיה כל תבואתה לאכול" (ויקרא כה, ו-ז) — “And for your animal and for the beast that is in your land, all its produce shall be for food” (Vayikra 25:6–7). From here we learn that shemitah produce must be subjected to biur at the time of biur (see Pesachim 52b).

The Rishonim disagree as to what biur is. The view of the Rambam (chapter 7 of Hilchot Shemitah VeYovel) is that it is burning, and one must burn the shemitah produce when its time of biur arrives. The view of most Rishonim is that it is hefker, declaring the produce ownerless, and this is the halacha. Some Sephardim are stringent in accordance with the Rambam’s view and do not use shemitah produce after the time of biur.

When the time of biur arrives, one must take out the produce that is in excess of

the amount of food for three meals to the public domain, and say in the presence of three people that these fruits are ownerless.

If he cannot take the produce out to the street, he should take it out to the stairwell and declare it ownerless there; and if he cannot take it even there, he should declare it ownerless in his home in the presence of three people.

The declaration of hefker must be made in the presence of three people. Ideally, one should ensure that two of them are valid witnesses, and the third may even be a woman or a minor.

One may declare the produce ownerless even in the presence of three of his friends, whom he knows will not acquire the produce.

The declaration of hefker should be made personally and not through an agent. However, the agent may take the produce out to the public domain, while the owner, wherever he is, declares it ownerless before three people and says that the produce located in such-and-such a place is ownerless. There is another possibility: to transfer ownership of the produce to another person through a kinyan sudar or an odaita, and the person who acquired the produce will then declare it ownerless before three people.

After biur, anyone may acquire these fruits, even the original owner, and even more than the amount of food for three meals. But if they are fruits whose time of biur is uncertain, one may take them home, but should intend not to acquire them in the meantime.

The Amount of Food for Three Meals

The calculation of the amount of food for three meals is made for each member of the household separately. He may also distribute to his friends and loved ones food for three meals, but he should not leave it in his home; rather, he must actually distribute it.

The calculation of the quantity of food for three meals varies according to the type of fruit or vegetable. For example: with potatoes, since sometimes a person eats only potatoes at his meal, one calculates three meals as if in each meal he eats only potatoes. But if the fruit is an apple, which is not normally eaten by itself as a meal, one calculates one apple per person per meal.

The amount of wine for three meals is three revi’it of a log for each participant in the household, and on Erev Pesach it is five revi’it of a log [for the four cups and one additional cup].

Spicy food is assessed according to the way it is eaten in a mixture over three meals.

After he has performed biur on what exceeds the food for three meals, he may eat the three meals’ worth that he left even over the course of many days.

Even if he has many fruits of the sixth year and does not need the shemitah produce, nevertheless, if he has less than the amount of food for three meals of shemitah produce, he is not required to perform biur. [For example, on Erev Pesach at the time of biur, if someone has an entire crate of wine from the sixth year, and also has two bottles of shemitah wine that are all needed for the first day of Yom Tov of Pesach — which is less than the amount of food for three meals for him and his family — he need not perform biur on the wine].

Items Obligated in Biur

The items obligated in biur are foods that possess the sanctity of shemitah, whether food for humans or food for animals.

A dish that was cooked with food that has shemitah sanctity: if it contains the taste of that food, the dish itself must also be subjected to biur.

With fresh fruits and vegetables, it is uncommon that at the time of biur one will have more than the amount of food for three meals for himself and his household; this is mainly common with produce that keeps well, such as potatoes and carrots, canned goods, and wine of Otzar Beit Din.

The Law of Otzar Beit Din Produce and Non-Jewish Produce Regarding Biur

Otzar Beit Din produce, if at the time of biur it is in the possession of the Otzar Beit Din, does not require biur. If one bought it from the Otzar after the time of biur had passed, he need not perform biur.

But if one bought Otzar Beit Din produce before the time of biur, or during a period when it is uncertain whether the time of biur has arrived, then when the time of biur arrives — whether definite or uncertain — he must perform biur.

Some Sephardim are concerned for the view of the Rambam that even Otzar Beit Din produce requires biur, and they are also concerned for his view that biur means burning; therefore, they do not eat Otzar Beit Din produce, particularly after the time of biur.

According to many poskim, shemitah sanctity applies to produce of a non-Jew, and according to Maran the Chazon Ish everyone must conduct themselves accordingly. The poskim disagree whether, according to these views, the law of biur also applies to produce of a non-Jew. In practice, the halacha follows that it does have a law of biur; however, if one inadvertently did not perform biur, he should ask a Torah scholar.

Although, as stated, some Sephardim are concerned for the Rambam’s view that biur means burning, with regard to produce of a non-Jew they hold that hefker is sufficient [see Kapot Temarim, Yoma 83, and responsa Avkat Rochel, section 23, the view of the Rash the Elder].

Fruits and vegetables [of a non-Jew] that are sold through a document appointing the consumers as agents: if they have not yet reached the consumers, they are exempt from biur at the time of biur; but after they reach the consumer, they must be subjected to biur.

The Time of Biur

The time of biur is when the fruits have ceased to be available in the field, and for most types of fruit the time of biur is in the eighth year. The time of biur for a beverage that comes from the fruit is the same as the time of biur for the fruit itself.

A fruit whose time of biur falls on Shabbat or Yom Tov should be subjected to biur before the day begins; if one did not manage to do so, he should perform biur on Shabbat or Yom Tov itself.

Dates of Biur Mentioned in the Gemara

Figs — their time of biur is on Chanukah. Dates — on Purim. Grapes and wine — their time of biur is on Pesach, and according to most poskim it is

on Erev Pesach; some say it is on the eve of the seventh day of Pesach. Therefore, one should perform biur on Erev Pesach [if he forgot and did not perform biur on Erev Pesach, he should perform it on the eve of the seventh day of Pesach; if he did not perform biur even on the eve of the seventh day of Pesach, they become prohibited]. Olives and oils — their time of biur is on Shavuot — all of these in the eighth year [Pesachim 53].

For other fruits and vegetables, one must clarify for each fruit and vegetable when its time of biur is; the times are published in biur calendars.

Fruits whose time of biur is uncertain should be taken outside the home, declared ownerless before three people, and returned home, while intending not to acquire them. If one takes uncertain produce from an Otzar Beit Din, he should intend not to acquire it until the time of eating, or until the time of biur has certainly passed.

The Law of Produce That Was Not Subjected to Biur

Produce whose time of biur has arrived must be subjected to biur for any amount beyond the food for three meals. If one did not perform biur, the produce becomes prohibited, and it must be destroyed from the world by burial; in the case of liquids, by pouring them out, and the like.

Produce that was not subjected to biur inadvertently: the poskim disagree whether it becomes prohibited. In practice, the halacha is to be stringent, that it becomes prohibited; even if he declared it ownerless immediately upon discovering that the time of biur had passed, this does not help.

As stated, produce that was not subjected to biur at the time of biur becomes prohibited to everyone, and declaring it ownerless now will not help. However, produce whose time of biur is uncertain becomes prohibited only after the time of biur has certainly passed.

Produce that was in the possession of an Otzar Beit Din or in the possession of a non-Jew at the time of biur does not become prohibited. However, there is a distinction: produce that was in an Otzar Beit Din at the time of biur — even after it reaches the buyer, there is no need to perform biur; but produce that was in the hands of a non-Jew at the time of biur — when it later reaches the buyer, he must perform biur.

Shemitah produce of Otzar Beit Din is exempt from biur when it is in the hands of the Beit Din, but if it is already in the possession of the recipients at the time of biur, it is obligated in biur, except for the amount of food for three meals that he may leave with himself.

When one is a guest of someone who does not observe the sanctity of shemitah with regard to produce of a non-Jew, he may eat with him even after the time of biur. Even though the host did not declare it ownerless, the guest may declare it ownerless before three people, even in the host’s home, and even on Shabbat.

If one bought from a non-Jew produce that was in the non-Jew’s possession at the time of biur, he must perform biur when it comes into the possession of the Jew. If he did not perform biur on the day of purchase, one may be lenient and perform biur even afterward.

Utensils in which shemitah produce was cooked, when that produce was not subjected to biur at the time of biur, must be kashered by hagalah.

If one received as a gift shemitah wine whose time of biur has passed from a person who does not observe Torah and mitzvot, he must bury it in the ground (this is common with mishloach manot in the years following shemitah). If it is not possible to bury it in the ground, some are lenient and allow leaving the bottle open until the wine spoils.

Additional Laws

Even after biur, the sanctity of shemitah does not depart from the produce, and all the laws of shemitah apply to it, even though the mitzvah of biur has been fulfilled with it.