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A common thread between the previous two methods is consulted for detailed instructions as to whether those foods
that any leniency is based on the land belonging to non- are forbidden as sefichin, how to treat the food with kedushas
Jews. In this regard, Beis Yosef and Mabit had a fundamental shevi’is, and when and how to perform biur.
disagreement; the former held that such produce does Americans who visit Eretz Yisroel during the shemittah year
not have kedushas shevi’is, and the latter argued that it will have many more issues to confront – both relating to the
does. According to Mabit, it would be forbidden to sell foods they eat, and in making sure that they do not violate
9
the produce commercially or to export it from Eretz Yisroel the intricate halachos of “working the land”; details of those
(among other restrictions noted above). The custom halachos are beyond the scope of this article.
in Yerushalayim and most communities is to accept the
lenient opinion, while in B’nei Brak and some other areas
they follow Chazon Ish, who defended and promoted the END OF SHEMITTAH
strict position. [All agree that the prohibition against As noted above, the restrictions of shemittah produce
10
sefichin does not apply to produce of a non-Jew’s field.] 11
commonly apply even after shemittah ends, particularly
4. Otzar Beis Din relating to fruits – where shemittah produce does not come
Farmers who participate in an otzar Beis Din (court- to market until well into the shemittah year or the year after
controlled collection) do not do any prohibited work on – and packaged goods with an extended shelf-life. This issue
their fields and allow public representatives to harvest is particularly relevant to Jews in the diaspora who choose to
any fruits that grow on their own. These fruits are sold to use an esrog from Eretz Yisroel for Succos 2022, and consumers
the public for the minimal cost needed to compensate the are encouraged to seek guidance from their Rabbi in dealing
people who harvest and deliver the fruit to the market. with this issue.
The public representatives are appointed by a Jewish Lastly, there is one mitzvah of shemittah which applies to
court (Beis Din), and in many cases the owner of the field Jews in all parts of the world – shemittas kesafim. Briefly, this
is chosen to serve as the representative, to provide him mitzvah requires that once shemittah ends, no one may claim
with some income during shemittah. Items distributed via a debt from anyone who owes them, unless the creditor has
otzar Beis Din have kedushas shevi’is. 12 written a pruzbul before the end of shemittah. The details
13
of this mitzvah are deserving of separate treatment which is
5. Use non-shemittah produce
beyond the scope of this article.
Some companies arrange to purchase ingredients from
foreign countries or from parts of the State of Israel A more detailed and comprehensive treatment
that are outside the halachic borders of Eretz Yisroel. A on the subject of shemittah is available in the
modern variation of this is to grow products in specially recently released book by Rabbi Cohen, available at
built greenhouses that are in the borders of Eretz Yisroel www.kashrushalacha.com.
but are technically considered to not be “produce of the
land”. Others stockpile ingredients or finished goods
from before shemittah, so they will be able to produce ENDNOTES
and service their customers during the shemittah year. 1 Rambam, Hil. Shemittah V’yovel, chapters 1-3.
2 Rambam ibid 4:24.
3 See Chazon Ish, Shevi’is 10:6, Iggeros Moshe OC 1:186 and Minchas Shlomo
SHEMITTAH FOR AMERICANS 1:44.
4 Rambam ibid. chapters 5-6. See Chazon Ish ibid. 14:9 and Mishpitei Eretz 14:2
Having seen the many issues relating to shemittah produce, it is regarding flowers.
prudent for consumers in the United States to be alert to such 5 Rambam ibid. 6:1, 6:6 and 6:7.
produce and preferably avoid purchasing it. (Generally, there is 6 See Rambam ibid. chapter 7, Ramban, Vayikra 25:7, Chazon Ish ibid. 11:6-8,
no need to be concerned that produce sold in the USA is from and Derech Emunah, Shemittah V’Yovel 7:17.
Eretz Yisroel, but people should be aware in case they notice 7 Ramban ibid.
a specific item coming from there.) This is most important for 8 See Chazon Ish ibid. 14:13 and Minchas Shlomo 1:51.
fresh produce (peppers, tomatoes, dates, grapes, herbs, etc.), 9 See Avkas Rochel 22:25 and Responsa Mabit 1:11, 21, 217 and 396.
and is also relevant to processed foods, for which consumers 10 See Pe’as HaShulchan 23:12 and Chazon Ish ibid. 3:25 and 20:7.
should be more careful to check for proper kosher certification 11 Rambam ibid. 4:29.
than during other years. If someone realizes after the fact that 12 See Derech Emunah ibid. 6:19.
shemittah produce had been purchased, a Rabbi should be
13 Rambam ibid. Chapter 9.

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