Determining which produce is subject to the laws of Shmitta

In order to determine which produce is subject to the laws of shmitta, the following conditions and variables must be considered:

1. Which types of produce have kedushas sheviyis.
2. Which years produce it is.
3. Where the produce grew.
4. Under whose ownership the produce grew.

In this shiur we will deal with point A. – ascertaining which types of produce have kedushas sheviyis. As we will see later, it is first necessary to qualify which uses are permitted for shmitta produce.

The Torah states:

The Shabbos of the land shall be for all of you to eat, for yourself, your servants and maidservants, hired workers and neighbors who live with you, it should be to eat. [Vayikra 25:6,7]

The Torah explicitly permits us to eat the produce of shmitta. (According to the Ramban, there is actually a Mitzvah to eat shmitta produce.[Sefer Megillas Esther])

The Sages [Bava Kama 101-2; Sukka 40; Yerushalmi Sheviyis 7:1] noted the phrase "for you" as a broad qualification, and "to eat" as a limitation. They thus derived the following laws from the above verse:

Any usage that is basically similar to eating is considered a permitted usage for Shmitta produce. This means, that the usage must yield its benefit as the produce is consumed (this concept is known as "hanaaso v’biuro shavin"). The Sages thus specified the following additional permitted uses:

1. Anointing
2. Dyeing
3. Candle light

These uses are similar in their nature to eating. Like eating, the enjoyment or benefit is derived as the produce is consumed.

However, the following uses are dissimilar to eating and are therefore not permitted:

4. Using the produce as a detergent.
5. Burning it for charcoal.
6. Using it for medicines.

The use of food or drink (e.g. lemon or white wine) as a detergent or soaking agent, is different in nature from eating. As soon as these "edibles" are applied to the clothing, they immediately become unfit for consumption, whereas the benefit is only derived later on as the cleaning process begins (this concept is reffered to as "hanaason achar biuron"). The same is true regarding burning to produce charcoal; although the charcoal will be used to roast foods, it nevertheless does not qualify as a permitted use. This is because the produce is first consumed, but the benefit can only be derived later, when the produce is in its charcoal form. This use differs in nature from eating, and therefore does not qualify as a permitted use of shmitta produce.

The permitted uses for shmitta produce are also limited to common and regular uses. Thus medicine is not included, even if it is ingested, since it is only for those who are not well. The Torah alludes to this in the above pasuk with the words "for all of you" and "to eat".

Nowadays most anointing is done for the purpose of relieving dry or chapped skin. This usage is therefore not considered to be for "all people", but rather is specific to people with skin problems. Therefore, it would not be permitted to use shmitta produce for the relief of dry skin, since this falls under the category of medicine rather than annointing. [Mishpetai Eretz 24:5, citing Rav Elyashiv and Shulchan Aruch O.C. 327:1 with Mishnah Berurah ad loc]

Rashi and Tosefos are of the opinion that only produce that is generally used for the permitted functions listed above (eating, anointing, dyeing, candle light) is subject to kedushas sheviyis. It follows, therefore, that plants that are not suitable for these special shmitta uses, do not have kedushas sheviyis and may be used for any desired function. (Note that, according to some authorities, the Rambam disagrees with Rashi and Tosefos. See later "medicinal herbs" with regard to practical applications of these divergent opinions)

The first mishnah in the seventh perek states the following essential rule about sheviyis:

Any agricultural produce that is fit for human or animal consumption, or is used to make dyes, has kedushas sheviyis – the sanctity of shmitta.

(If such produce was sold or traded, -then the money or the item received from the transaction also has kedushas sheviyis and is bound by its various laws. This will be discussed in more detail in future shiurim.)

Included in the category "Food fit for human consumption," is wild produce. Even if the wild variety is inferior to the domestically or commercially grown varieties, as long as there are some people who do consume the wild variety, it is still included in this category. [Rash Serilio]

Wild Mint

Some examples of these wild produce are, wild asparagus, wild onions, leek, ulshin (a type of marror, commonly known as "endives" [Tiferes Yisroel, Kaftor V’Fefach chapter 48]), and wild mint. There is a particular variety of wild mint that does not serve as a quality flavoring or spice due to its tough nature. This variety is still subject to kedushas sheviyis [ibid., also see Ohr Letzion]. (See the attached photograph of wild mint. Note the hard stalks and even harder runner, which last from year to year – a perennial plant.).

Similarly,wild ulshin, although a plant of inferior quality, is nevertheless consumed by some people, and is therefore included in the category of "food fit for human consumption."

It should be noted, however, that at times when food is in plentiful supply, so that inferior foods, are not consumed, the inferior varieties (such as those mentioned above) are no longer subject to kedushas sheviyis. Nevertheless if one would specifically designate these plants as "food," (for example, he would pick them with the intention of eating them) then they would be subject to kedushas sheviyis . Similarly, produce that requires special processing (such as special cooking or sweetening) to render it edible, will also receive kedushas sheviyis, provided that it was processed in the appropriate manner. [Yerushalmi, Rash and Chazon Ish]

Produce that is not a food item to start with, but a herb or plant that can only be used as medicine, is not subject to kedushas sheviyis. [Derech Emunah H. Shmitta, 5:10 – see also, Mahri Kurkos on Rambam, H. Shmitta, 5:10, 7:14; Chazon Ish 13:6]

There are, however, other sources that maintain that such herbs would in fact have kedushas shviyis.[Yerushalmi 8:1; Merkeves Hamishnah 7:14; see also Magid Mishnah 5:10; Pe’as Hashulchan 24:12 Chachmas Adom Mitzvos Haaretz 17:22; Tiferes Yisroel & Tosfos Anshei Shem 7:2; for explanation of this opinion, see Chazon Ish 13:6]

Nevertheless, according to both opinions, these herbs may be ingested for medicinal purposes.[ibid.]

Produce that is not fit for human consumption but is fit only for animals can also be used to produce medicines for humans. [Yerushalmi 8:1]

1. The Torah explicitly tells us that shmitta produce can be eaten..
2. The verse implies that less common uses, such as medicines, are not included in the permitted uses of shmitta produce.
3. The Sages understood the concept of "to eat" to include uses that are similar to eating – uses from which benefit is derived while the product is consumed.
4. Animal food made from produce that grew during shmitta is subject to kedushas sheviyis, even if it was made from produce that was not suitable for human consumption.

The articles on this website are not not intended as halachic rulings.
Where necessary, one should consult a competent halachic authority.