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SHMITTA IN PRACTICE
2. Fruit & Vegetable By-products

3. Status of Sap & Mushrooms

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WEEKLY STUDIES IN HILCHOS SHMITTA
1. Kedushas Sheviyis and Tumas Ochlin

2. Kedushas Sheviyis and Biur

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Hilchos Shmitta
Shmitta In Practice - Handling Shmitta Produce
By Rabbi Nochum Bodner - Shiur #3

Status of Sap & Mushrooms

Sap

To determine if sap has kedushas shviyis, we must differentiate between different sources of sap.

Sap exuded from fruit such as fresh figs has kedushas shviyis [Mishna 7:6, Yerushalmi ad. loc.; Bavli Nidah 8a; Rambam 7:20].

Sap which is exuded from fruit-bearing trees does not have kedushas sheviyis because the produce of the tree is the fruit itself. The sap is considered secondary (to the point of being insignificant or 'batel') to the wood [ibid.; see also Rash ad. loc.; Tosafos ad. loc., cited in Rabbi Akiva Eiger on mishna].

Sap which is exuded from non-fruit-bearing trees , such as the maple tree, has kedushas shviyis since it is considered the fruit of the tree [ibid.; also Rashi ad. loc.]. Some poskim rule that sap from a non fruit-bearing tree has kedusha only if it is a flavoring spice; if it is just a fragrance it would not be significant enough to have kedusha [Chazon Ish 14:9 cited in Derech Emunah 7:134].

Orlah

Sap from a fruit that is orlah is considered 'fruit' and retains the status of orlah. Sap from a fruit-bearing tree is not orlah. Sap from a non-fruit-bearing tree is considered orlah according to some opinions. [ Rashba ad loc. also see Kerem Tzion Orlah 15:5]

However other authorities rule that they are not considered orlah. They explain that only regarding shmitah where 'produce' is subject to it's laws is sap from such a tree considered significant and may be referred to as this tree's fruit. Regarding orlah however, only actual fruit, and the sap that comes out from it, qualifies for it's laws. [Tosofos, Chasam Sofer ad. loc. see also Rambam shviyis ibid.; Machalos Asuros 16:26]

The Halachah: There is a rule regarding orlah: "Safek orlah ba'aretz lechumrah, b'chutz la'aretz lekulah". This means in situations of doubt one must be stringent in Eretz Yisroel and may be lenient in Chutz La'aretz. Whether or not sap is considered 'fruit' regarding orlah remains a doubt and this rule applies. [see Kerem Tzion orlah ibid. where the two sides are supported but no decision is made.]

Mushrooms

A mushroom is not similar to vegetables or fruits. It is actually a fungus which grows from spores. Although it is forbidden to detach on Shabbos, and has a number of halachic ramifications regarding its status of 'gedulei karka' i.e. 'something growing - connected to the ground' nevertheless it does not draw any nutrients from the ground [see Shabbos 108a and Sh. A. 336:5; also Kedushas shviyis pages 85-90 by Rav Chaim Kanyevsky]. This is why the blessing shehakol is recited over mushrooms, since they cannot be considered 'pri ha'adamah' (fruit of the earth) [Brachos 40b; Sh.A. 204; see also Aruch Hashulchan ad. loc.; and Halachos of Brochos by Rabbi Y. P. Bodner, page 455].

Accordingly, a mushroom cannot be considered produce of 'the land' and does not have kedushas shviyis [Meiri, Avodah Zara 14a; Minchas Yitzchak 8:99].

Note: Mushrooms and fruit juice, while sharing the same blessing (shehakol), have different halachic status regarding shmitah. While the juice loses its identity as a fruit and borei pri hoeitz is not recited, it nevertheless remains a 'produce of the land,' whereas the mushroom is unaltered produce, but not 'of the land'). [refer back to Fruit & Vegetable By-products for more information regarding juice]

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