The Beginnings of the Fruit

At which stage of growth is a fruit considered 'fruit'? Would an unripe fruit qualify for this classification?

We have learned, (see The impact of Tu B'shvat on fruits of Eretz Yisroel) regarding trumos, ma'asros, and shviyis, that a fruit is considered to be produce of the year the fruit started to grow. This beginning is called 'chanatah'. According to the Rambam chanata is the completion of the first third of the fruit's growth. This is the same shuir as "onas hama'asros" a beginning relating to trumos and ma'asros, which is also one third grown. [Ma'asar Sheini 1:2 Shmitah 4:9] This is the Halacha.

Thus we see that if a fruit began to form in the sixth year, but did not grow one third until the seventh year, it would be kadosh. It would also be exempt from trumos, and ma'asros as produce of the year of shviyis does not require any tithing.

If the fruit began to form in the seventh year, but grew to one third in the eighth year it would not have kedushas shviyis. It would require tithing as produce of the first year of the next cycle.

What is the status of the fruit prior to this stage? It might seem that the fruit is considered insignificant. Would it be disqualified from kedushas shviyis?

The Rambam states that a fruit does in fact have kedushas shviyis at the early stage of boser. This is a stage immediately after the flower falls off, as the fruit is just beginning to form. This is significantly prior to onas hama'asros (1/3 growth). [Shmitah 5:18 also see Mishna shviyis 4:7-10]

Why does the fruit become kadosh at such an early stage, yet is not considered as a 'starting fruit' regarding the year of shviyis, until it grows one third of it's growth? This seems to be an inconsistency. If this boser fruit has kedushas shviyis that would imply that it is in fact considered a 'fruit'. If so, the stage of boser should be the 'beginning' of the fruit and should qualify the fruit as shviyis produce, even though the fruit continues to ripen (and is harvested) in the eighth year.

The explanation is as follows: at the very early stages the fruit is not edible for humans. [Rambam Ma'aser 2:3] It is however edible for animals. We have learned (see first shuir) that animal food qualifies for kedushas shviyis. Therefore boser qualifies for kedushas shviyis. [Chazon Ish 7:20; 19:21]

Accordingly if these fruit were picked or fell off the tree, they may be fed to animals although one may not feed animals food which is edible to humans. [ibid. 13:10; Derech Emunah 4:93] These unripe fruit may also be used as medicines. [ibid.] (We have learned that the Torah does not permit shmitah produce which is fit for humans, to be used for medicines.)

The reason chanata is the determining stage is as follows: A fruit is considered to be the produce of a given year if it began its growth in that year. A fruit actually has two "beginnings". The first beginning is when it becomes boser. This is a beginning to the stage of "animal food". This is followed by a second beginning which occurs as the fruit completes its first third (called chanata and onas hama'asros). This second beginning is when the fruit attains the status of "food fit for humans". The first beginning is nullified as the fruit enters its second and final stage of "human food". To illustrate, if the fruit started as boser during the sixth year it is not kadosh at this point. However if the fruit reaches the first third of its growth during shviyis the fruit has started a new beginning. It is this beginning which qualifies the fruit as produce of shviyis. Conversely, if the fruit began as boser during shviyis it is kadosh at this point. However if the fruit completes its first third of growth only during the eighth year, it is no longer kadosh. It is considered to be starting anew as "human food" during the eighth year. The kadosh status it had as animal food becomes nullified as the fruit starts anew, becoming "human food", during the eight year.

Most of the fruits harvested during the winter of Shviyis were at least one third grown during the sixth year. They do not have kedushas shviyis. (Bananas are not fruit, they are considered a vegetable. Bananas and vegetables which were picked during Shviyis have kedushas shviyis.) Most of the fruits harvested during the winter of the eighth year were at least one third grown during shviyis and therefore retain their kedushas shviyis even though they continue to grow and are harvested in eighth year.

Although boser may be classified as animal food, nevertheless, it is prohibited to pick fruit before they have grown one third of their growth as this is considered hefsed, that is destroying their potential as human food. [ibid.; Rambam 5:17]

Inferior fruit which will not ripen on the tree may be picked. [ibid.] Fruit which will ripen off the tree may also be picked off, but must be allowed to ripen before eating. [ibid.; Rav Elyashiv] Where it is normal to eat these fruit somewhat hard and unripe under certain circumstances, they may be eaten in this state. This is not considered hefsed. One need not harvest shmitah fruit or eat them only at its peak. A normal use is sufficient. [see Mishna and Rambam ibid.; Rav Elyashiv.]

All the Halachos of shmitah apply to boser, including the Mitzvah to be mafkir- relinquish ownership of these growing fruit, as with all growing shmitah produce. [Ibid. 7:20]

What is the purpose of being mafkir these fruits if no other Jew may pick them because of the Prohibition of hefsed?

The following penetrating insight can be derived from these Halachos: The purpose of being mafkir shmitah produce is not only to provide other Jews with shmitah produce. Rather, the Torah also wants the landowners to relinquish any of their growing produce, leaving themselves no produce to rely on. They rely only on Hashem during shmitah. They also proclaim that Hashem is the ultimate owner of our land. [See Talmud Sanhedrin 39a; Rabenu B'chai Vayikrah 25; Chinuch 84; Rambam 6:3; Kli Yakar Bahar]

Although the relinquishing of boser does not actually provide for any other Jews at this stage, it nevertheless may not be owned by the landowner. He must relinquish this security.

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