{"id":721,"date":"2013-08-15T20:52:15","date_gmt":"2013-08-15T20:52:15","guid":{"rendered":"https:\/\/www.star-k.org\/articles\/?p=721"},"modified":"2016-05-16T16:10:44","modified_gmt":"2016-05-16T16:10:44","slug":"shmitta-5768","status":"publish","type":"post","link":"https:\/\/www.star-k.org\/articles\/kashrus-kurrents\/kashurs-kurrents-2007\/fall-kashrus-kurrents-2007\/721\/shmitta-5768\/","title":{"rendered":"Shmitta 5768"},"content":{"rendered":"

Published Fall 2007<\/em><\/p>\n

Dates of Kedushas Shviis, sfichim, and biur can be found in our 2008 Pesach Directory, click here.<\/a><\/em><\/span><\/p>\n

For over nineteen hundred years, the Jewish people have longed to return to Eretz Yisroel<\/em>, the land of Israel. \u00a0It is only there that we can realize our full potential as a nation, and the Torah<\/em>\u2019s blueprint for life can be completely fulfilled.\u00a0 Throughout the millennia, the most important dimen\u00adsion of this yearning was to once again be able to fulfill the mitzvos hatluyos ba\u2019aretz<\/em> (agricultural laws), the commandments that can be observed only in the land of Israel. \u00a0With Hashem<\/em>\u2019s help, many of us in this past generation have realized part of this two thousand year-old dream. \u00a0Yet, this realization has presented us with new challenges. <\/span><\/p>\n

Without a doubt, one of the greatest mitzvah<\/em> challenges of all times is the fulfillment of shmitta<\/em>, the year of Sabbatical rest for the land of Israel.\u00a0 The Midrash<\/em> perceives this multifaceted mitzvah<\/em> as being so challenging and difficult, that it calls one who meets the challenge of shmitta<\/em> in all its details an \u201cangel\u201d. \u00a0\u00a0This article will outline some practical shmitta<\/em> insights so that we can gain a greater understand\u00ading and appreciation of this beautiful mitzvah<\/em>. <\/span><\/p>\n

The laws of shmitta<\/em> can be divided into three major categories: \u00a0laws regarding working the land, laws pertaining to the produce of the land, and consumer halachos<\/em> of pairos sheviis<\/em>, fruit grown during the shmitta<\/em> year. <\/span><\/p>\n

I. Working The Land – What Is Prohibited? <\/strong>
\nThe laws regarding the land are extremely complicated and not very relevant to people who don\u2019t own land in Israel, so we will deal with this only briefly. \u00a0In general, all work intended to enhance the land, to prepare the land for producing a yield, or to enhance vegetation is forbid\u00adden. \u00a0Therefore, one may not plow the land, plant seeds or saplings, or even prune trees because these activities promote growth and are considered forbidden forms of work. <\/span><\/p>\n

Some other prohibited activities include watering, fertilizing, weeding and other essential field\u00adwork. \u00a0If the purpose of the work is to protect what has already grown from becoming ruined, or if trees are in danger of dying, certain activities are generally permitted. \u00a0Since these laws are very complicated, a posek<\/em>, Torah<\/em> authority familiar with these laws, should be consulted. <\/span><\/p>\n

Flower pots at home in the land of Israel present their own problems. \u00a0A posek<\/em> should be consulted for instruction on proper shmitta<\/em> plant care.<\/span><\/p>\n

II. The Produce of the 7th Year – Pairos<\/em> Sheviis<\/em> <\/strong>
\nIn order to facilitate an understanding of fruits and vegetables that are permitted or forbidden, we must clearly define the four W\u2019s: \u00a0Which produce are we speaking about? \u00a0When was the produce grown? \u00a0Where was the produce grown? \u00a0Who owns the land? <\/span><\/p>\n

Which<\/strong> produce? \u00a0There are essentially three categories of produce concerning shmitta<\/em>: \u00a01. Veg\u00adetables, e.g. tomatoes, lettuce, carrots; 2. Legumes (kitniyos<\/em>), pulses and grains, e.g. corn, peanuts, wheat; and 3. Fruits of a tree, e.g. dates, figs, pomegranates.<\/span><\/p>\n

When<\/strong> was the produce grown? \u00a0There are different time frames in effect for the different types of produce. <\/span><\/p>\n

Fruit of a tree<\/span><\/strong> – New fruit trees cannot be planted 44 days or less before Rosh Hashanah<\/em> of a shmitta<\/em> year (there are many details as to when this prohibition applies. \u00a0A reputable posek<\/em> should be asked if one wants to plant after that date). \u00a0Fruit that starts growing during shmitta<\/em> is considered shmitta<\/em> produce that is vested with kedushas sheviis<\/em> and may be consumed. \u00a0(Fruit is considered to start growing after the flower falls off.) \u00a0The different halachos<\/em> regarding the consumption of shmitta<\/em> produce will be dealt with in Section III.<\/span><\/p>\n

Vegetables<\/span><\/strong> – Vegetables cannot be planted after Rosh Hashanah<\/em> during the entire shmitta<\/em> year. \u00a0Vegetables planted before Rosh Hashanah<\/em>, which start growing before shmitta <\/em>and are picked during shmitta<\/em>, do not get a shmitta<\/em> prohibition. \u00a0This means they may be eaten, but the laws of kedushas shiviis<\/em> discussed below still apply to them. \u00a0Therefore, practically speaking, if someone has tomatoes growing in his backyard, they can be eaten on the condition that the plant started growing in the sixth year. \u00a0(He must observe all the laws pertaining to working the ground during shiviis<\/em>.) \u00a0Similarly, vegetables one buys immediately after Rosh Hashanah<\/em> may be eaten. <\/span><\/p>\n

Vegetables that start growing by themselves during sheviis<\/em> are known as s\u2019fichin<\/em>. \u00a0Vegetables grown during sheviis<\/em> may not be eaten at any time, since there is a Rabbinical prohibition against eating s\u2019fichin<\/em>.\u00a0 This was instituted to deter dishonest people from planting vegetables and then claiming that they are wild. <\/span><\/p>\n

Legumes (kitniyos<\/em>), pulses and grains<\/span><\/strong> – These generally have the same rules as vegetables, except that legumes and grains planted before Rosh Hashanah<\/em> will be permitted during shmitta<\/em> only if they reached 1\/3 of their growth before Rosh Hashanah<\/em>. \u00a0Otherwise, they are prohibited as s\u2019fichin<\/em> during shmitta<\/em>.<\/span><\/p>\n

Who<\/strong> owns the land? There is a difference of opinion among the poskim<\/em> as to whether produce grown on land owned by a non-Jew in the land of Israel is considered produce of sheviis<\/em>. \u00a0The custom in Jerusalem is not to consider it produce of sheviis<\/em>; the custom in Bnei Brak is to consider it produce of sheviis<\/em> <\/span><\/p>\n

Selling the land (heter mechira<\/em>)<\/span><\/strong> – The system of selling the land was formulated and instituted by many very
\nprominent Rabbanim<\/em> (including the Gadol Hador<\/em>, Harav Yitzchok Elchanan Spector) in the year 1887. \u00a0Those who proposed the heter<\/em> claimed that the situation in the land of Israel was so precarious that not working the land for an entire year would endanger the entire Jewish settlement, thus warranting this drastic measure. There was a great deal of controversy surrounding the heter<\/em>, and it was opposed by many other prominent Rabbanim<\/em>, the foremost among them being the Netziv<\/em> (Harav Naftoli Zvi Yehuda Berlin) of Volozin. \u00a0Most of the controversy centered around the problem of the Torah<\/em> prohibition of selling any part of the land of Israel to non-Jews. \u00a0Some felt that the prohibition of selling the land was worse than the prohibition of working the land.\u00a0 Since then, there were Rabbanim<\/em> who sold the land every shmitta<\/em>. \u00a0Harav Avraham Yitzchok Kook institutionalized the sale, although he agreed it was to be done only in situations of grave duress. \u00a0Since its inception, the Chief Rabbinate of Israel has sold the land every shmitta<\/em>. \u00a0However, there are many Gedolim<\/em> who question whether the situation warrants the sale, and whether the sale is effective. In addition, for the consumer there is another more serious problem. \u00a0The produce that is sold in the regular stores during the year of shmitta<\/em> predominantly comes from non-religious kib\u00adbutzim<\/em> and moshavim<\/em>, who would never agree to sell their land. \u00a0This is compounded by the fact that the non-religious kibbutzim<\/em> don\u2019t observe those prohibitions which Harav Kook instituted, and Harav Kook never permitted their current practices. The Rabanut Harashit<\/em> is trying to see to it that the heter mechira<\/em> is limited as much as possible.<\/span><\/p>\n

Even if the laws of shmitta<\/em> are observed, shmitta<\/em> fruit may be eaten only with certain restrictions. \u00a0Certainly, a tourist who is not knowledgeable concerning the dinim<\/em> of shmitta<\/em> should buy produce only from shmitta<\/em>-free stores. \u00a0<\/span><\/p>\n

Where is the location of the land where the produce was grown?<\/strong> \u00a0The laws of shmitta<\/em> apply only to produce grown within the boundaries of Eretz Yisroel<\/em>. \u00a0The boundaries of Eretz Yis\u00adroel<\/em> are defined as those areas which were occupied by the people of Israel in the period of the Second Temple. \u00a0These boundaries are not the boundaries of the State of Israel. Where these boundaries extend is a matter of great controversy. \u00a0Some authorities say anything grown south of Ashkelon is outside of the boundaries of Eretz Yisroel<\/em>. \u00a0Others extend the boundaries well into the Negev desert until Eilat. \u00a0In the north, the Golan Heights is questionable. \u00a0Each supervising orga\u00adnization will follow the psak<\/em> of its own Rabbis and advise companies and facilities where produce can be purchased. \u00a0Produce grown outside the boundaries of Eretz Yisroel<\/em> are not bound to the laws of sheviis<\/em>.<\/span><\/p>\n

III. The Practical Laws of Produce of Sheviis<\/em>: <\/strong>
\nThere are many laws regarding produce of sheviis<\/em>. They are: <\/span><\/p>\n