Mishloach Manos with Shmitah Produce

To determine if one may use Shmitah produce as mishloach manos we must first explain the nature of the prohibition of sechora engaging in commerce with Shmitah produce.

The Torah states: "...the produce of should be for you to eat". [Vayikrah 25:6]. Our sages deduce: "To eat but not to commerce (sechora)." [Avodah Zarah 62a]

The classic example of sechora is to buy produce of shmitah wholesale and sell retail. [Tosafos ad. loc.] The exact types of sales which are prohibited and the types and situations where it is permitted will be discussed in a later shuir.

One may not repay a loan with shmitah produce. [Mishnah Shviyis 8:4; Gemara ibid.; Rambam 6:10] Additionally one may not pay for services rendered with shmitah produce. [Mishnah 8:5 Rambam ibid.]

One may give shmitah produce as a gift. [Mishnah 8:5] This is permitted even though it is known that this gift will generate certain benefits. [Mishnah ad. loc. And Commentators; also Mishnah 4:2] One may give a worker a gift, even though he knows that in turn his payment obligation will be waived. This is permitted only where the gift is not an official payment. [Ibid. see also Yerushalmi Ma'aser Sheini 1:1 (pg. 2a); Rambam 6:11.]

To illustrate; one may not pay for a haircut with a carton of shmitah bananas. This deal is considered fulfilling a monetary obligation with shmitah produce. However one may give the barber as an unconditional gift, a carton of shmitah bananas. The barber, in appreciation of this "gift" will most probably waive his charges that are legally owed to him. Although the shmitah produce was used to attain something, it is nonetheless permitted, because it was given as an unconditional gift rather than as payment. [ibid.]

One may not use shmitah produce to repay gifts of shushviynus. Even to initiate these shushviynus is considered sechorah. [Tosefta 7:6 Rambam 6:10] In the times of the Talmud one who would receive certain gifts for his wedding or for his son's or daughter's wedding, was obliged to reciprocate. These gifts, called shushviynus, were actually enforced in court. [Babba Basra 144b; Rambam Zecheyah Umatanah 7:1,2, 13-15; Shulchan Aruch Even Ha'ezer 60:1]

In our times wedding gifts are not taken so seriously. While it still may be proper to reciprocate, it is no longer obligatory. Unless an explicit condition was made, wedding gifts are no longer shushviynus. [ibid.; also see Tosafos ad. loc.]

Mishloach manos is a gift one is obligated to give on Purim. If one would use shmitah produce for this gift would one fulfill the Halachic obligation of giving mishloach manos? Moreover, one may not use ma'aser money for mishloach manos.[Shl"a cited in Magen Avraham 594:1 Mishna Brurah; and Minchas Yitzchak] Would the same apply to shmitah produce?

Many people feel obliged socially to reciprocate with Mishloach manos. This is especially so with friends and neighbors.

Would the fulfilling of this obligation be considered as fulfilling the obligation of a loan or the like?

Most poskim rule that using shmitah produce for mishloach manos is permitted. [Rav Shlomo Zalman Auerbach, Dinei Shviyis Hashalem pg. 228, 232, 150, also see Minchas Shlomo pg. 165; Minchas Yitzchok 10:57; (Torah Lishmah 193 by Ben Ish Chai- does not permit to reciprocate with mishloach manos of shmitah produce.)]

The following differences and explanations are offered:

Fulfilling a Halachic obligation is not sechora. This is not a civil, monetary obligation, rather, it is an obligation to do a mitzvah using personal possessions. One is permitted to use shmitah produce to fulfill mitzvah obligations.

For example: one may use an esrog of Shmitah to fulfill the obligation on Succos. [Succah 39a, 40a, Rambam Shmitah 8:11] One may use shmitah wine for kidush, havdalah or for the Arba Kosos of Pesach. One may feed shmitah produce to guests. [Tosefta ibid.; Rambam 6:10.] These mitzvos do not transform these acts into sechora.

Ma'aser money, however, differs from shmitah produce. After a person has separated 10% of his earnings for charity as required by halacha, this ma'aser money is not considered to be owned by him. One merely chooses which poor persons will get it.

(Ma'aser Sheini <see The impact of Tu B'shvat on fruits of Eretz Yisroel> is considered Mammon Gavohah - the money of Hashem - which is permitted to use for food to be eaten in Yerushalayim. Ma'aser Ani also is not personal possessions. Rather, it belongs to the poor. These produce may not be used for ones Arba minim such as an esrog.)

One must use personal possessions to fulfill the basic obligations of Purim.

On the other hand Shmitah produce is considered personal money. The Torah explicitly states: "Lachem li'achlah - For you, to eat". [Vayikrah 25: ] Therefore, one may use Shmitah produce to perform Mitzvahs that involve food. [Minchas Yitzchak]

The desire to reciprocate, is merely a feeling, not an actual obligation. Therefore it is considered an ordinary gift and is permitted. [See sources above; this is also apparent in the Tosefta which cites various actual obligations. This is also supported by Mishna 8:5.]

Some Poskim recommend not to use shmitah produce for the first mishloach manos (the basic obligation of two foods to one person) and for reciprocating when there may be some obligation. [Derech Emunah in Tzeyun Halacha 6:121; Rav Elyashiv] This is only if no adequate non-shmitah produce is included, as the obligation will be fulfilled with the non-shmitah. Shmitah produce may unquestionably be used for embellishments and for additional mishloach manos beyond the requirement as this is no longer an obligation.[Rav Elyashiv; see also Magen Avraham and Mishnah Berurah regarding Ma'aser.]

These halachos also apply to matanos li'evyonim the gifts or money one is obligated to give to the poor on Purim.

It is important to note: The recipient must be made aware that the produce is shmitah so that he can observe all it's halachos.[Tosefta ibid. Rambam 6:10]

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