{mosSender [email protected]} >A PRACTICAL GUIDE TO SHMITA & MOST COMMONLY ASKED QUESTIONS >RABBI (SHMUEL) STEWART WEISS, DIRECTOR, JEWISH OUTREACH CENTER OF RA'ANANA >jocmtv@n...
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>A PRACTICAL GUIDE TO SHMITA & MOST COMMONLY ASKED QUESTIONS
>RABBI (SHMUEL) STEWART WEISS, DIRECTOR, JEWISH OUTREACH CENTER OF RA'ANANA
>[email protected]
>
>1. WHAT IS THE MITZVAH OF SHMITA?
>
>The Torah commands us to refrain from various forms of agricultural
>activity each 7 years in Eretz Yisrael. These activities include sowing,
>planting, pruning, reaping, harvesting and, in general, improving the
>Land. The 7th year is referred to as "Shmita," or "Shvi'it." References in
>the Torah to Shmita are found in Shmot 23 and 24; Vayikra 25.
>
>It is also prohibited to sell and/or do business with Shmita produce that
>was generated in a prohibited manner. (As for eating such produce, Minhag
>Yerushalayim prohibits it; Chazon Ish allows it.)
>
>2. WHAT IS THE REASON FOR THIS MITZVA?
>
>The Rabbis offer numerous reasons for Mitzvat Shmita. These include:
>
>- Recognition that the Land ultimately belongs to Hashem, not Man, & He
>dictates its usage;
>- Increasing our dependence upon, & faith in Hashem to provide for our
>sustenance;
>- Providing a unique vehicle to give to the poor, who have access in
>Shmita to fields & produce;
>- Giving Am Yisrael an opportunity to "recharge" spiritual batteries, as
>work in the field is
>ideally decreased & Torah study is increased.
>
>3. WHAT IS THE REWARD FOR SHMITA OBSERVANCE?
>
>Hashem promises to reward our observance of Shmita by providing for all
>our needs.
>Conversely, the punishment for non-observance of Shmita is Galut (exile)
>from the Land.
>
>4. WHEN DOES THE PROHIBITION OF SHMITA BEGIN?
>
>Agricultural work was, at one time, prohibited 30 days prior to Rosh
>Hashana of the Shmita year. Today, however, Rabbinic law permits work
>right up until Rosh Hashana. (The planting of new non-fruit trees,
>however, is prohibited from 15 Elul 5767; fruit trees must have been
>planted by 15 Av, 5767).
>
>Most vegetables acquire Shmita status ("Kedushat Shvi'it") from 3 Tishrei,
>5768. Mushrooms are not considered vegetables, & never attain Shvi'it status.
>Fruits become Shvi'it at various dates in 5768 (most in the Spring); these
>details will be forthcoming.
>
>5. WHAT FRUITS & VEGETABLES MAY I THEN EAT DURING SHMITA?
>
>There are various ways in which one can practically continue eating all
>produce in Eretz Yisrael during Shmita:
>
>A. Produce of the 6th year (the year prior to Shmita) has no Kedushat
>Shvi'it & may be eaten as usual. Truma & Ma'aser would be taken from this
>produce. (Note: 6th-year produce may be frozen or dried & used well into
>the 7th year with no issues of Kedushat Shvi'it).
>
>B. Vegetables grown apart from the soil (e.g. hydroponically or in a
>hothouse) have no Kedushat Shvi'it; Truma & Ma'aser should be taken, but
>without a Bracha.
>
>C. Otzer Bet Din refers to produce grown on Jewish land (planted in the
>6th year & harvested in the 7th), which has been turned over to the Bet
>Din; agents of the Bet Din collect the produce & offer it to the public.
>The money paid for this produce covers only the expenses incurred by Bet
>Din, & not the produce itself. Such produce, offered at specially
>designated outlets, has Kedushat Shvi'it & must be treated in a special
>manner (see #7). Truma & Ma'aser is not taken from this produce.
>
>(This year, there is a special project called "Otzer Ha-Aretz" being
>undertaken to ensure that local stores have enough guaranteed business to
>operate Otzer Bet Din outlets. Please see www.hashmita.co.il and click on
>"English" for full details).
>
>D. Produce from one's own property - sufficient for himself & his family -
>may be eaten as usual. This produce has Kedushat Shvi'it, & Truma &
>Ma'aser are not taken. One should declare his property hefker (ownerless),
>so that anyone - including himself! - may eat from it.
>
>E. Heter Mechira refers to produce grown on Jewish land which is leased to
>a non-Jew for the duration of the 7th year & worked according to specific
>Rabbinic guidelines, a practice approved by Rav EIchanan Spector in the
>Shmita of 1889, renewed by Israel's first Chief Rabbi, Rav Kook, in 1910,
>& continued by all subsequent Chief Rabbis in Shmita years that followed.
>Produce from the Heter has no Kedushat Shvi'it & may be discarded as
>usual; Truma & Ma'aser are taken without a Bracha.
>Note: Many cafes & restaurants utilize the Heter Mechira for produce
>served on premises.
>
>F. Produce grown in Eretz Yisrael on land belonging to a non-Jew has no
>Kedushat Shvi'it (this is the widespread opinion; the Chazon Ish rules
>that such produce does have Kedushat Shvi'it). No Truma & Ma'aser are
>taken. (Note: One should be certain that this produce was actually grown
>on non-Jewish land, & is not Jewish produce being sold by a non-Jew.
>Therefore, it is not recommended to buy from a non-Jew selling produce on
>the street, unless one knows definitely that the products were grown on
>non-Jewish land).
>
>Many Poskim urge minimum usage of non-Jewish produce in general, as it
>strengthens & encourages non-Jewish involvement in Eretz Yisrael.
>
>IN ALL THE ABOVE CASES, ONE MUST BE SURE THAT A CURRENT, RELIABLE
>CERTIFYING TEUDA HAS BEEN ISSUED.
>
>Additionally, produce imported from outside Israel has no Kedushat Shvi'it
>& may be eaten (with a proper Hechsher).
>
>6. HOW LONG IS THE SHMITA PROHIBITION IN EFFECT?
>
>One must be careful to buy only approved fruit products until Spring of
>the 8th year. Fruit purchased after that time has no suspicion of Kedushat
>Shvi'it. Frozen vegetables should have a certifying hechsher for a year
>after Shmita. Canned foods have dates printed on them, but it is best to
>buy only those products with an accompanying hechsher ("non-Shmita product").
>
>7. IF I EAT PRODUCE WHICH HAS KEDUSHAT SHVI'IT, MUST I DO SO IN A SPECIAL
>MANNER?
>
>Because this produce has added Kedusha, it must be treated in a special way:
>
> - That which is normally eaten raw (e.g. radishes) should not be cooked;
> items eaten cooked (e.g. squash) should not be eaten raw. That which is
> eaten raw or cooked (e.g. tomatoes, apples) may be eaten raw or cooked.
>
>- Even the leftovers from a meal - if they are still fit for human
>consumption - should not merely be thrown away with other garbage, as this
>would cause them to rot more quickly. Therefore, Shmita leftovers should
>be wrapped in a plastic bag & placed in a separate garbage pail. After 3
>days, this pail may be put in the garbage as usual.
>
>- Substantial amounts of food left on one's plate (enough that one would
>normally save it) should be discarded per the above instructions in a
>special Shmita pail. Food stuck to the plates or silverware may be
>discarded as usual.
>
>- Non-Shmita food attains Kedushat Shvi'it when cooked with Shmita produce
>(e.g. in a Cholent or soup using vegetables that have Kedushat Shvi'it,
>sill the ingredients "absorb" the Kedusha). Thus the entire Cholent or
>soup is considered Kodesh.
>
>- Water used for boiling Shmita produce (e.g. boiling corn) may be
>discarded as normal, since one would not normally drink this water.
>
>- Juice may be pureed or extracted from Shmita fruits if that is the
>normal practice (e.g. grapes, lemons, oranges, grapefruits; oil from
>olives). However, carrot juice should not be made.
>
>- Peels not fit to eat or not normally eaten (e.g. watermelon rind, banana
>peels) may be discarded as usual. But those that are edible (including
>orange peels), or peels/pits that have fruit still stuck on them, must be
>discarded in the special Shmita pail.
>
>- Shells from nuts may be discarded as usual.
>
>- Shmita food that is fit for human consumption should not be given to
>animals, as this degrades the food's Kedusha. If Shmita food is given to
>animals, it must be discarded in the special way.
>
>- Shmita produce should not be used for medicinal purposes (homeopathists
>take note). - Shmita products should not be used for Arts & Crafts or for
>cleaning purposes (e.g. using lemon juice to remove stains).
>
>- Shmita wine or grape juice used for Kiddush/Havdala should preferably
>not be poured to the overflowing; if a significant amount does overflow,
>one should collect the overflow in a plate & drink it. Those with the
>custom of putting out the Havdala candle in the wine should not do so in
>"Shmita" wine.
>
>- Shmita olive oil should not be used for Chanuka candles.
>
>- One may serve Shmita products to a non-Jewish guest in one's home.
>
>- Shmita products should not be taken out of Eretz Yisrael. One may take
>Shmita produce with him as food for the journey if he is traveling abroad.
>Next year, this will be an issue regarding the Arba Minim. Many Poskim do
>permit sending Arba Minim to those living abroad if they are particular to
>perform the Mitzva of Lulav with Israeli Arba Minim.
>
>- When giving Shmita food to a child, parents should try, if possible, to
>give only as much as will be eaten, so as not to waste the rest (a good
>idea in any year!)
>
>8. MAY I BUY FLOWERS FOR SHABBAT DURING SHMITA?
>
>Of course you may buy your wife flowers for Shabbat - what would Shabbat
>be without flowers gracing the table?! But here are the Shmita conditions:
>Non-fragrant flowers (& plants) which are bought for beauty or esthetic
>purpose (e.g. hibiscus, orchid) have no Kedushat Shvi'it & may be bought
>even without a special hechsher. But flowers with a fragrance (e.g. roses,
>carnations) do have Kedushat Shvi'it & must have a hechsher.
>
>9. WHAT WORK IS PERMITTED OR FORBIDDEN IN MY GARDEN DURING SHMITA?
>
>It is forbidden to plant, prune, sow, fertilize or do any work which
>improves your garden during Shmita. However, work which maintains the
>garden & prevents its deterioration is permissible. Thus one may water the
>grass, flowers or trees - but only so much as is necessary to maintain
>them. One may also mow the lawn & trim the hedges, as well as clean the
>yard from rubbish. Weeding is prohibited. If one has a non-Jewish gardener
>who works on a steady, multi-year basis in one's yard, many Rabbinic
>authorities permit him to continue work as usual during Shmita without
>special instructions.
>
>10.1 HAVE A FRUIT TREE IN MY YARD; MAY I EAT FROM IT?
>
>Fruit which grows during the Shmita year in one's yard may be eaten with
>the following conditions: 1) The tree(s) should be declared hefker, either
>by the owner making this declaration before witnesses, or by placing a
>sign to this effect in the yard; 2) The public should have access to the
>tree & be allowed to pick the fruit; 3) The fruit should be fully ripened
>before picked (preferably by hand); 4) One should only pick an amount
>necessary for normal home consumption. Such fruit may not be sold.
>
>11. IF I SHARE A COMMUNAL GARDEN WITH MY CO-TENANTS, WHAT DO I DO?
>
>If all the tenants agree to keep the garden according to Shmita laws,
>then, of course, there is no problem. But if the tenants or Vaad Bayit
>intend to work the yard in violation of Shmita laws, then one should
>declare (before 3 witnesses) that he is making his share in the garden
>null & void, & also make it dear to the Vaad Bayit (preferably in writing)
>that his monthly payment is for services other than yard work.
>
>12.1 RENT OUT AN APARTMENT TO SOMEONE WHO MAY NOT FOLLOW SHMITA LAWS IN
>THE GARDEN. WHAT SHOULD I DO?
>
>You should request that he not do anything in the yard in violation of
>Shmita. Even if the tenant does not follow your instructions, you have
>fulfilled your obligation.
>
>13. WHAT ABOUT MY INDOOR PLANTS?
>
>Indoor "non-holed" houseplants may be treated as usual. "Non-holed" is
>defined as a plant in a pot which either is solid with no hole at the
>bottom; or has a hole but is separated from the floor by a plate or other
>item. Many Poskim hold that plant pots on higher floors inside apartment
>buildings all have the status of "non-holed" since they are so far from
>the actual ground; while plant pots on outside balconies all have the
>status of "holed" pots.
>
>If the pot does have a hole, then one should only treat it in a way which
>maintains its life, but does not improve, strengthen or increase it.
>
>Plants may certainly be moved from "holed" to "non-holed" pots; but not
>vice-versa.
>
>14.WHAT IS "BIYUR?"
>
>Fruits which have Kedushat Shvi'it & are seasonal may only eaten as long
>as that fruit is still found in the field. After it no longer exists in
>the field, we are not allowed to have in our possession more than the
>amount needed for 3 meals for our family. Fruit in excess of this amount
>(usually not a domestic problem) must be taken outside & made hefker. This
>may be done in 2 ways: 1) Declaring in front of 3 people: "Fellow Jews,
>whoever wishes to take this fruit & eat may do so;" or 2) By taking the
>fruit to a public place & leaving it there for a short time.
>
>After the fruit becomes hefker, one may take it back into his possession &
>keep it in his home. It still retains Kedushat Shvi'it & must be treated
>accordingly (see #7).
>Of particular concern is wine & grape juice for Pesach, which has a Biyur
>date of Pesach. If such wine has Kedushat Shvi'it, then one may very well
>have more in his home than is permitted. As such, he must be sure to
>follow the above instructions for Biyur.
>
>The dates for Biyur for various fruits will be forthcoming.
>
>Vegetables generally do not require Biyur. Exceptions are beans,
>artichokes, sweet potatoes, pumpkin, garlic, peas & strawberries.
>
>15. THE DATE FOR BIYUR ON A PARTICULAR FRUIT PASSED, BUT I STILL HAVE A
>LARGE AMOUNT IN MY HOME. WHAT SHOULD I DO?
>
>This fruit, if it has Kedushat Shvi'it, would be permanently prohibited, &
>should be burned or buried. One should always check the Biyur notice
>(usually found in kosher stores) to see if the date has passed for a
>particular fruit. If so, then all such fruit in the store must have a
>proper hechsher.
>
>16. WHAT IS "S'FICHIN?"
>
>The Rabbis prohibit eating vegetables which grew during Shmita on Jewish
>fields - even if it grew by itself ("s'fichin"). This applies to grains or
>legumes which reached one-third of their growth in the Shmita year, or to
>vegetables which started to grow during Shmita.
>
>Fruit which grew in a field, in violation of Shmita laws, ("shamur" or
>"ne'evad") is the subject of a dispute: Minhag Yerushalayim forbids its
>consumption; Minhag Chazon Ish allows it.
--
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