Page 120 - cRc Pesach Guide 2021

4. Biur ISRAELI FARMERS AND COMPANIES
Once there are no more of a specific type of shemittah Israeli farmers and companies take 5 basic approaches to the
produce (e.g., grapes, figs) left in the field for animals to restrictions of shemittah:
eat, one may retain only three meals worth of that type 1. Disregard the halacha
of food for each family member, and the rest must be
declared hefker/ownerless. This procedure is known as Unfortunately, some Jews living in Eretz Yisroel are not
“biur”. [Biur is done differently by Sephardim.] Once biur religious and completely ignore the halachos of shemittah.
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is done, anyone – including the original owner – may take As noted above, foods grown by such farmers is not ipso
possession of the food and eat or use it as before, with facto forbidden, but vegetables, grains, spices and herbs
kedushas shevi’is. Rabbinic groups in Eretz Yisroel produce would be forbidden as sefichin, and fruits would have
lists of when the time of biur occurs for each type of fruit. kedushas shevi’is and be subject to biur.
If one did not perform biur at the correct time, the food 2. Heter mechirah
becomes forbidden and must be destroyed. A century ago, Rabbonim of great stature
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There is a disagreement as to whether this permitted the land of Eretz Yisroel to be sold to
strictness applies even if biur was not performed a non-Jew for the duration of shemittah, to help
due to a mistake or something out of the person’s struggling Jewish farmers avoid financial ruin.
control, and one should consult a Rabbi if faced Since then, there has been much heated debate
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with this question. as to whether this sale – known colloquially as the
5. Sefichin heter mechirah – is valid, whether and how it should
be performed, and what it permits the farmers (and
Chazal found that people were planting vegetables consumers) to do. The Israeli Chief Rabbinate has
during shemittah and claiming that the vegetables grew traditionally supported the heter mechirah but has
on their own. Therefore, the Rabbis decreed that all taken a somewhat stricter stance in recent shemittos.
items that are replanted annually – including vegetables, Rav Y.D. Soloveitchik, zt”l suggested that the entire
grains, herbs, and spices – which grow during shemittah discussion of the heter mechirah is predicated on a financial
are forbidden. This far-reaching prohibition potentially need which does not apply to American consumers, and
affects many of the foods exported from Eretz Yisroel.
he, therefore, recommended that they not rely on it.
In summary, shemittah obligates the landowner not to The strict position is almost uniformly accepted by the
work his field and to allow anyone to take his produce, mainstream hashgachos in the United States and by many
but if he neglected to do either of these, then the produce Israeli kosher certifications. As a result of this, some
remains permitted. There are special halachos relating to the Israeli items, such as wine will lose their regular hechsher
consumption of shemittah produce, including not wasting for an entire year, in the case where a company chooses
it, taking it out of the country, or doing business with it, to rely on the heter mechirah, but the hashgachah does not
and at a certain point there is also a mitzvah to declare the accept it. Therefore, consumers should be particularly
fruits hefker. In practice, these halachos are limited to fruits, vigilant to check labels for proper kosher certification
as most annual produce grown during shemittah – including during this time, as products that they are used to buying
vegetables, grains, spices, and herbs – are completely may temporarily not be certified.
forbidden as sefichin.
3. Purchase ingredients from Arab farmers
Clearly, most of these halachos are limited to those who reside
in or visit Eretz Yisroel. However, much to the surprise of many There are manufacturers who choose to buy their
consumers, some processed foods, and even fresh herbs or ingredients from Arabs who own and farm land within
vegetables found in their local American grocery are of Israeli the halachic borders of Eretz Yisroel. As the security
origin, such that some of the halachos of shemittah apply to situation in the West Bank and Gaza has deteriorated,
Jewish consumers in all countries. Therefore, we must first this type of arrangement – which, among other things,
consider how Israeli farmers and companies confront the requires Mashgichim to ensure that the “Arab” produce is
halachos of shemittah, and then see whether and how they not actually Jewish produce diverted to Arab lands – has
apply to those of us who reside in other countries. become less practical. [Sometimes, this type of produce
will be marked as being “yevul nochrim” (produce of non-
Jews) to indicate its source.]

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