Destroying chametz with Kedushas Shviyis

We have learned that shmitah produce may be consumed but not destroyed. The Torah states: Le'achlah- to eat; but not to destroy. [Vayikra 25:6,7] On the other hand the Torah commands us to rid ourselves of all chametz before Pesach. What then should one do with shmitah produce that is chametz?

The same type of dilemma is manifest in chametz, which is trumah. Trumah produce may not be destroyed, yet all chametz must be destroyed before Pesach. What does one do with trumah that is chametz?

To solve this dilemma we must examine the laws of chametz regarding trumah and draw from the sources there, as there are no sources that directly address this conflict with regard to shmitah

The Mishnah clearly states: Erev Pesach (or Erev Shabbos when Erev Pesach falls out on Shabbos such as this year -- 5761/ 2001.) all surplus chametz is destroyed, even chametz which is trumah [1:4,5 Pesachim 14a]

The prohibition of eating chametz on Pesach applies to all chametz including chametz that is trumah. Terumah that is not permissible to eat is exempt from the obligation to be guarded. Therefore it may be destroyed. [Tosfos Pesachim 13a Vi'sorfim see also Tosfos Zevachim 75b Shviyis] Therefore one is required to destroy any remaining chametz including terumah.

We have learned (see Determining which produce is subject to the laws of Shmitta) the prohibition for hefsed- destroying or misusing shmitah produce is contained in the verse "le'achlah" -- to eat. It would follow that when it is not possible to eat the prohibition does not apply. Furthermore even when it is technically permitted to eat but is no longer reserved for human consumption due to the prohibition of chametz, it would not be considered hefsed- wasting shmitah produce. No exemptions were made for shmitah produce that is chametz; it is burned or destroyed as any other chametz.

Furthermore, one may make chametz products from shmitah produce even if there is a probability that some of it might have to be destroyed erev Pesach. This halacha is derived from the halachos of chametz regarding trumah. Although one may not cause trumah to be discarded, one may use trumah to produce bread even though the bread may not be consumed and would be subject to destruction. [Tosfos Zevachim 75b Shviyis]

The same would seem to be true regarding shmitah produce. One may cook or bake shmitah produce making it chametz even though it is possible that they will have to be destroyed before Pesach. [see ibid. also see Mharit 1:83, Ridvaz 5:1 who permit to cause shmitah produce to be destroyed in any situation, as long a it is indirect, other authorities do not permit indirect destruction, see Mishpitei Eretz 21:9-12]

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