Fruit & Vegetable By-products

Most peels are thrown away after they have been removed. Although they may be edible, they are no longer reserved for eating.

The Chazon Ish ruled that orange peels-- even though they are edible by animals and humans if they are processed appropriately-- do not have kedushas shviyis since most are discarded [Chazon Ish, Shviyis 14:10, also Maasros 1:30]. In practice, however, they are considered as having kedushas shviyis and so may not be destroyed. Rather, they are disposed of in a special container until they spoil before being thrown out.[see Derech Emunah 5:26, Tziyun Halacha].

According to Rav Shlomo Zalman Auerbach, there is no kedushas shviyis to peels that are not fit for consumption--even though they are nutritious animal food--since they are no longer designated for eating, neither by humans nor by animals. However, in cities or areas where these peels are actually consumed by either humans or animals, they are kadosh bkedushas shviyis. This designation is significant even if only a minority is consumed [Minchas Shlomo Shviyis 8:1 also see there regarding this lenient ruling for Yeshivas Kol Torah].

However, there are grounds for a chumra [a stringency beyond the letter of the law] for peels and the like which are edible, but are not eaten. This is because they were once food and maintain that status as long as they can be consumed. [Minchas Shlomo 51:23, Shviyis 8:1].

According to Rav Elyashiv, peels and the like which are fit for consumption, even if they are only fit for animals, are kadosh even though they are not actually consumed in that area. He explains: they are not inferior animal food; even though the complications of collecting and transporting them to animals raises the expenses and is usually not cost-justified, this deterrent does not render such superior animal food non-food. Only inferior produce is subject to this 'down-grading' [Rav Elyashiv; cited also in Derech Emunah 5:13].

Note: On Shabbos many peels are Muktza. In areas where they aren't consumed by Jewish people or their animals they are considered 'waste'. [Shulchan Aruch 308:27-31, M.B. 308:119, 122 Shmiras Shabbos KeHilchaso 20:26, Halachos of Muktza by Rabbi Y. P. Bodner, pg. 105-6.] Rav Elyashiv also rules this way. Regarding Muktza. The criteria is 'designation for use'; regarding shmitta the criteria is 'produce' that can be used according to the Torah's specifications. Inferior food is 'produce' only when designated for use, superior food is 'produce' regardless. According to the Rambam, even Muktza will not apply to superior animal food (such as pits) even though they are not consumed in that area. [see Beeur Halacha ad. loc. "gareenay"]

If there is a substantial amount of fruit attached to the pits (such as avocado or peach) or peels (such as avocado), they continue to have kedushas shviyis. Therefore, they may not be destroyed; rather they must be placed in special containers, as above). Even though the pit or peel was not edible, the laws of shmitta apply to them because of the attached produce [Tosefta Trumah 10:2, Yerushalmi Trumos 11:4, Rambam Trumos 11:8 and Chazon Ish Shviyis 14:10].

A very small amount of fruit attached to the peels or pits is considered insignificant and does not retain kedushas shviyis [Tosefta Trumos 10:1, Rambam Trumos 11:11 with commentary of Mahari Kurkus, Chazon Ish 13:11]. The amount considered 'small' or 'insignificant' is that which is normally discarded in households where any edible food is not usually thrown away [Rav Elyashiv cited in Derech Emunah ibid.].

Juice of a fruit which was extracted by squeezing or blending is not considered in halacha as fruit. Rather, it is considered the 'sweat' of the fruit (not a liquefied version of the fruit itself). [Brochos 38a, Sh.A. 202:8 and 205:3; see also The Halachos of Brochos by Rabbi Y.P. Bodner, chapter 23].

By contrast, the flavor extracted by cooking the fruit is considered like the fruit itself [Brochos 39a, Sh.A. 202:10 and 205:3]. This is the halachic basis for reciting the blessing Shehakol over freshly squeezed fruit juices such as orange juice, whereas Ho'adoma is recited over cooked vegetable soups or broth, such as tomato soup.

The Gemora explicitly states that juice which comes from fruit of Shmitta has kedushas shviyis [Chulin 120b, Rashi ad. loc. See also Chazon Ish 25:32 who maintains that the Rambam's opinion is in agreement with Rashi's understanding of the Gemora; see further ME 22:19].

Rav Shlomo Zalman discuses two views of Rishonim regarding this concept. One view holds this kdushas shviyis is of Torah origin [Mabit and others]. Another view holds this kdusha is mdirabanan. [Kesef Mishnah Machlos Asuros 10:22] Rav Shlomo Zalman does not take a definite position in this argument [see Minchas Shlomo 41].

Rav Elyashiv however rules that the kdushas shviyis is of Torah origin (even though regarding Trumah and other laws this may be a dirabanan).

Rav Elyashiv explains that shmitta produce is not limited to fruit. Rather, it includes anything that is produced from the land which is usable in accordance with the criteria set forth above (hana'aso ubeeuro shavin). Even firewood could have been included in the laws of kedushas shviyis were it not for the fact that they are consumed before the benefit is derived. This proves that shmitta produce is not limited to 'fruit of the land', rather, it must be 'produce of the land'.

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