Parshat Behar opens with the
laws of Shmita which are only effect in the
Every seventh year, the land takes an agricultural break and the produce which
is grown on the land is treated as holy.
Those living in
careful during the Shmita year to make sure that they know where and how their
produce was grown to ensure that the laws of Shmita are observed.
Although the Shmita year technically
ended this past Rosh Hashana, more than half a year ago, the laws of Shmita still
apply to some of the fruits that are grown in Israel well into the eighth year.
The laws of Shmita go into
effect later in the seventh year for fruits as we follow “chanata”, the point
when the first fruit emerges (Rosh HaShana 14a). Rashi explains that when the
first fruit emerges, the sap rises in the tree and it is only on account of
this sap that the tree continues to survive. Therefore, the time when the fruit
first emerges is the most crucial stage in the fruit’s growth and that stage
determines the year to which the fruit is assigned. Therefore, during the first
few months of the seventh year there is no Shmita sanctity (Kdushat Shviit) for
fruits (only for vegetables). Rav Yosef Zvi Rimon explains that the time when
the Shmita produce begins to reach maturity depends on the type of fruit: some
fruits reach chanata around the time of Tu B’Shvat (January) and reach the
market several months later (ex: almonds, loquats and apples) and therefore
they are considered Shmita fruit from the middle of the seventh year until the
middle of the eighth year. There are other fruits where almost a year passes
between chanata and harvesting (such as citrus fruit) and therefore these will
be Shmita fruit only in the eighth year.
Some examples of fruits which
still retain Shmita sanctity for about another month (May/June) are cherries,
figs, lychee, mango, pears, apples and avocado.
Other fruits such as
clementines, dates, guava, kiwi, olives, persimmons, quince and star fruit will
retain their Shmita sanctity into September while grapefruits, oranges and pamelos
will retain their sanctity through November.
Although the Shmita year has
been over since September, Israelis still have Shmita in the back of their
minds when they shop for fruits or if they have a fruit tree growing in their
back yard.
Israelis who grow fruit trees
halachically have to leave the trees as “hefker” (ownerless) during the time period
that the trees have Shmita sanctity, meaning that they are obligated to welcome
their friends and neighbors to pick fruit from the tree. In that way they are
also welcome to pick what they need. If the owner does not declare the tree
ownerless then he would not be permitted to eat from it.
Wine or grape juice that is
produced from grapes that have Shmita sanctity must be treated with respect
(the same way that all of the other Shmita produce must be respected) and
therefore one may not spill out or waste it (until it spoils) even years after
the Shmita year has been completed. Wines that have Shmita sanctity will
clearly be labeled as “Otzar Beit Din” and should not be exported as sanctified
Shmita produce is not permitted to leave
For those living in
is not just an agricultural idea that is mentioned in the Torah. Shmita affects
our lives before Rosh HaShana of the Shmita year when some of the laws of
planting and preparing the land already go into effect and lasts through the
end of November, over a year after the Shmita year ends and beyond if Shmita
produce is made into olive oil or wine.
