Shemittah beyond Shemittah

An examination into how Shemittah remains relevant to kosher consumers beyond the Shemittah year.

By Rabbi Tsvi Heber

Introduction

The conclusion of the Shemittah year 5775 is a significant milestone for the farmers and residents of Eretz Yisroel who have completed the mitzvah of Shevisas Ha’aretz[1] and can now begin to perform agricultural activities on their lands without restriction.[2] We must be aware, though, that the impact of Shemittah extends well beyond the year’s end. Much of the harvest continues to be classified as Shemittah for the duration of the coming year, 5776. In fact, fruits from EretzYisroel have only just begun to be classified as Shemittah. Shemittah Esrogim will also present a challenge only this coming year. The purpose of this article is to explain how Shemittah remains relevant to kosher consumers beyond the Shemittah year; primarily focussing on its impact on those of us not fortunate enough to reside in Eretz Yisroel.

Classifying Shemittah Produce

Vegetables that are not fully grown and ready for harvest by the conclusion of the Shemittah year are no longer classified as Shemittah.[3] In contrast, grains and legumes will be classified as Shemittah as long as they reach one third of their growth in the Shemittah year[4] and fruits will be classified as Shemittah even if they merely experience chanatah– edibility[5] – inthe Shemittah year.[6] This means that fruits will remain Shemittah until well into the upcoming eighth year. For example, dates will remain Shemittah until the very end of 5776. Mangoes will remain Shemittah until the summer of 5776.[7]

Shemittah Fruits

Mashgichim and consumers have discovered that mangoes, pomegranates and dates from Israel are currently prevalent in retail markets in Toronto and the Greater Toronto Area.[8] While there is, in general, no restriction on the consumption of Shemittah fruits[9], they are imbued with a special holiness called kedushas shevi’is that creates restrictions at every level from the farming through to consumption. For example:

a) It is generally forbidden for an importer, wholesaler or retailer to buy and sell Shemittah produce.[10]

b) Money that is used to purchase Shemittah produce, d’mai shevi’is, becomes imbued with kedushas shevi’isand can only be used to further purchase produce which then becomes imbued with kedushas shevi’is and is subject to the same restrictions as the original Shemittah produce.[11] It is, therefore, necessary for kosher consumers to be careful that they do not purchase Shemittah produce with money since that would essentially be giving d’mai shevi’is to a retailer or wholesaler who might not maintain its kedusha properly.[12] If credit is granted or a credit card is used then the money that is eventually paid does not become imbued with kedushas shevi’is.[13]

c) Shemittah produce should not be given to a gentile for consumption.[14]

d) It is generally forbidden to export Shemittah produce.[15]

e) One may not throw away or even waste any edible part of Shemittah produce.[16]Leftover scraps or produce not intended for consumption must be left to rot.[17] This can be done by placing them in a “green bin” of sorts. Once rotten, they may then be placed in a plastic bag and thrown away. Care should be taken to ensure that edible scraps are not placed together with rotting scraps since this will amount to causing Shemittah produce to spoil.[18]

f) Anyone who owns more than three meals’ worth (per family member) of a Shemittah fruit must relinquish ownership at a specified date. This process is called biur and is performed by removing the Shemittah fruits from one’s house and declaring them ownerless in front of three people.[19] The date of biur is different for all species of fruits as it is set at the time when the particular species is no longer growing in the fields. If someone doesnot conduct the biur properly, then the Shemittah fruits may become prohibited for consumption.[20] After performing biur, anyone, including the original owner, can reacquire the Shemittah fruits and eat them once again, while ensuring that kedushas shevi’is is maintained.[21]

Esrogim

An area of Shemittah that will impact Jewish people all over the world is how to deal with Esrogim[22] fromEretz Yisroel. While there are those who prefer not to use Shemittah Esrogim since incessant handling of the Esrog may cause it to brown[23],most agree that it is actually preferable to use Shemittah Esrogim[24] and that one need not worry about spoilage caused through handling[25] as long as the handling is necessary for the mitzvah.[26] It is always important to only purchase an Esrog that has a reliable hechsher to ensure that it is a pure species and not grafted with a lemon.[27] This year, the need to ensure reliable hashgacha is compounded since it is important that the Esrog come from an orchard that belongs to a farmer who keeps the laws of Shemittah properly. This is because there is a question as to whether the mitzvah can be fulfilled with an Esrog that was cultivated improperly during Shemittah.[28]

Esrog Dealers

There are several halachic constraints that Esrog dealers must address if they are to provide Shemittah Esrogim for Sukkos.As mentioned above, it is questionable whether a Shemittah Esrog may even be exported from Eretz Yisroel in the first place.[29]Assuming that the exporter follows the ruling that permits it for the sake ofthe mitzvah,[30] an Esrog dealer is still prohibited from purchasing them for the sake of doing business.Furthermore, in many cases, selling to the consumer becomes complicated as any money used to purchase such Esrogim becomes d’mai shevi’is. Dueto these constraints, Esrog dealers have almost no choice but to use the avenue of Otzar Bais Din.[31] Many Esrog growers have given their lands over to the Otzar Bais Din for the duration of the Shemittah year for the public need. Everyone on the supply chain, including exporters, importers and dealers are essentially employees of the Otzar Bais Din and may only charge a fee that will cover the costs of harvest, transportation and schar tircha.They are not permitted to charge based on the quality and beauty of the individual Esrog. It is for this reason that it is common to find Esrogim of Otzar Bais Din distributed in closed boxes sealed with the tape of the hechsher attesting to its Otzar Bais Din status.

A second option for the dealer to steer clear of problems is to use the hav’la’ah mechanism, which allows him to offer the Esrog free of charge with the purchase of the other minim.[32]Using hav’la’ah to get around the issue of doing business with Shemittah Esrogim is the subject of earnest debate and is discouraged by many Poskim.[33] It is important to realize that the use of either of these mechanisms does not lessen their status of kedushas shevi’is.

Shemittah Esrogim after Sukkos

1. Shemittah Esrogim may not be thrown out while they are still edible and it is forbidden to cause them to spoil or rot in any way.[34]

2. While some people like to pierce their Esrogim with cloves to use for besomim on Yom Kippur or for havdalah, this is not permitted on Shemittah Esrogim.[35]

3. There is an old segula to give the esrog to a pregnant woman after using it for mitzvah the last time. She would bite the pitom off of the esrog as a segula to alleviate the hardships of childbirth. A pregnant woman may not bite the pitom off of a Shemittah Esrog.Instead, care should be taken to bite only the shoshanta (flower on topof the pitom) or to remove the pitom by hand.[36]

4. It is permitted to make Esrog jam from Shemittah Esrogim.[37]Care must be taken to finish the jam before the time of biur which according to some opinions is Chanuka.[38]The halachos of biur apply only if the jam is made with more than one Esrog.[39]If biur is not performed properly then the jam may not be consumed.[40]

5. Some are stringent to send their Shemittah Esrog back to Eretz Yisroelafter Sukkos to adhere to the opinion that Shemittah produce should not be consumed in Chutz La’aretz.[41]

6. An Esrog should not be taken out of Eretz Yisroel after Yom Tov to consume in Chutz La’aretz.[42]

7. A Shemittah Esrog should not be given to a gentile to eat.[43]

8. If a person has only one Esrog, he should keep it until it spoils and then place it in a plastic bag and throw it out.[44]If a person has two or more Esrogim, then he must relinquish ownership of the Esrogim prior to the time of biur.[45]

Rabbi Tsvi Heber is COR’s Director of Community Kosher