Shmitta in the Supermarket

Hanoch Ne’eman 23 Tishrei 5782 

5782 has started, and as you know it is a sabbatical year, “Shmitta” in Hebrew, for the Land of Israel. That means, as you know, that all the fruits and vegetables which grow are ownerless, and can be eaten by anyone and everyone for free. In fact, it is forbidden to sell them. 

So how do we get our produce this year? Do we have to go and forage? No. There are four main ways we deal with this challenge.I will describe them and their relative merits, in my opinion. 

One, HETER MECHIRA, Permitted by Sale, is the device by which the produce does not have kedushat sheviit, sanctity of the seventh year, because the farmland it comes from has temporarily been sold to a non Jew. This is similar to the device used to sell expensive leaven to a non Jew before Passover. This device is used because the mitzva of Shmitta in our day is rabbinical, so there is room to be lenient, especially when it is weighed against the mitzva of settling the Lamd of Israel, which is a mitzva of biblical status. This device was devised by leading rabbis eighteen Shmitta cycles ago, and is endorsed by the Chief Rabbinate. I hold by rabbis who believe this is the best way to observe Shmitta today, as it does not hurt the Jewish farmers. Most of the supermarket chains have certification on their produce under the heter mechira, but you need to check. 

Two, OTZAR BET DIN, is produce which is marketed by a third party, under rabbinical auspices, to the consumer. The farmer is not paid for his produce, but for his labor. This produce does have kedushat sheviit. This method was devised by a rabbi known as the Chazon Ish, in the past century. Many people like this method, though it is based on a number of novelties. Others also question why if the produce is supposed to be sold at cost, by labor, why some produce costs more than produce of the same kind, like different kinds of wine.

Three, GENTILE PRODUCE, Yuval Nochri in Hebrew. This method was used by many in the Old Yishuv in Eretz Yisrael, and is still used by many in Jerusalem. It is based on the same idea of the heter mechira, namely that land owned by a gentile does not have Shmitta applying to it. But here, they just buy from a Gentile farmer instead of a Jewish one. Of course this is harmful to the Jewish farmer’s livelihood. My rabbis are against this method for that reason. The produce could be imported from abroad too. 

Fourth, MATZA MENUTAK, “raised platform” agriculture. This method relies on the idea that if it is not actually growing from the ground, Shmitta does not apply. Raised greenhouses are built which are also enclosed. I think this method is pretty good too, though it may take away business from one Jewish farmer, it is giving it to another.

In the Diaspora – Shmitta only applies in Israel. Produce which has kedushat sheviit is not allowed to be exported, according to Halacha. If you see Israeli produce in your diaspora supermarket, you should try to find out if it had kedushat sheviit or not before buying it. 

Let us pray that by keeping the sabbatical year, even in this abridged form, we should be attuned to the great dream of the social equality of the sabbatical year as it will again some day be, just as we remember the hope of a restored kehuna-priesthood when we separate halla from our baking dough. 

Tags: shmitta