Esrogim from Shemittah Year
Produce from the Shemittah year which was grown in Eretz Yisroel, is subject to certain restrictions. These restrictions include;
The question is are the Arbah Minim subject to these restrictions? And how do we deal with them?
Lulav: The Mishna[1] teaches that someone who buys a Lulav during Shemittah, should be given the Esrog as a gift. The Rambam explains that the Lulav is like wood as it is not edible or otherwise useful and therefore not subject to the Shemittah produce restrictions.
Rashi and Tosfos offer a different explanation of the Mishna. According to their view, a Lulav which grew during Shemittah would be subject to the laws of Shemittah produce. This is because Lulavim are useable for sweeping. Accepted Halacha is to be lenient like the Rambam[2].
Aravos: Since they have no taste or smell or serve another functional use, Aravos are not subject to the laws of Shemittah produce.
Haddasim: There is a debate whether Haddasim are subject to Shemittah restrictions. This is based on a dispute in the Yerushalmi whether plants that are used for fragrances are subject to Shemittah or not. Some Poskim are Machmir[3].
Others are lenient[4]. Minchas Shlomo is lenient because today Haddasim are grown specifically for the Mitzvah and not for fragrance.
Esrogim: The biggest Shaalos concern our Esrogim. Whilst they may be used for the Mitzvah of Lulav, they are subject to the laws of Shemittah produce. An Esrog is treated as Shemittah produce either if it was picked or it budded during the Shemittah year[5]. The Shaaloh on Esrogim will most likely be for the Sukkos after the Shemittah year.
There is a minority view that Esrogim grown purely for the Mitzvah are not subject to Shemittah, because Mitzvah use is not considered a Hanaah[6].
Note, the restrictions only apply to the Minim which were grown in Eretz Yisroel. Esrogim from other countries, such as Italy (Calabrian or Yanover Esrogim), as customarily used by many groups, including Chabad Chassidim, are not subject to any restrictions.
Accepted Halocha is that if a field in Eretz Yisroel belongs to a non-Jew or is legitimately sold to a non-Jew, the Esrogim are not subject to Shemittah. Nonetheless, Poskim advise not buying Esrogim grown by non-Jews for fear of grafting[7].
One should not use Esrogim which come from farms which were worked during the Shemittah year or if the farmer protected his field and did not make the fruits hefker in Shemittah as required by Torah. According to many authorities, these Esrogim may not be eaten and therefore cannot be used for the Mitzvah.
On the Posuk and the Land will be for you to eat Chaza”l learn that for you teaches that the produce may be used for all of your needs. To eat, comes to exclude wasting or doing business with the fruits.
Poskim question why one is able to use Shemittah Esrogim, when inevitably the skin will become spoiled and browned from use. Since the fruit itself remains intact and only the rind is spoiled it is acceptable. Alternatively, since the Esrogim are planted for this purpose we are not concerned[8].
To avoid the Issur of doing business with the Shemittah Esrogim and also to avoid the problem of buying from an Am Haaretz, the Esrog is sold together with the Lulav as per the Mishna quoted above. The Esrog is considered a gift and payment is for the Lulav which is not subject to Shemittah. This is referred to as Havlaa. Although the Esrog will have Kedushas Sheviis, the money will not paid will not.
According to those who hold that Haddasim are not subject to Shemittah, one may also do Havlaa for the Esrog with the Hadassim.
Note, many Poskim question the legitimacy of the Havlaa method. They argue that this only worked at a time when Esrogim were cheaper than the Lulav. Nowadays when even basic level Esrogim and certainly Mehudar Esrogim can cost many times the value of the Lulav, how can Havlaa be justified? This would constitute a Haarama – an obvious ‘trickery’ to circumvent the Shemittah restrictions[9]. According to this view, Esrogim may only be sold at cost price.
Poskim justify the practise of buying Esrogim at regular prices via Havlaa, since Shemittah nowadays is only Rabbinic in status and it is for the purpose of a Mitzvah[10].
Exporting: All of the above works fine for Esrogim being used in Eretz Yisroel. But what about exporting Esrogim to Chutz Laaretz?
The Mishna[11] teaches that Shemittah produce may not be taken from Eretz Yisroel to Chutz Laaretz.
The Rishonim explain different reasons for this prohibition. Based on the reasons, the Poskim find basis to permit exporting Esrogim to Chutz Laaretz.
1. Raavad explains that this was a precaution because in Chutz Laaretz they may not know how to treat fruits with Kedushas Sheviis.
2. Rosh learns that the prohibition on taking Shemittah produce outside Eretz Yisroel is because the fruits themselves require Biur in Eretz Yisroel.
3. Another opinion is that part of the conditions of Kedushas Sheviis obligates the fruits to be consumed in Eretz Yisroel.
4. The Gemora[12] relates that Rav Safra took wine from Shemittah to Chutz Laaretz. Tosfos asks how he was able to do so. Tosfos answers that the prohibition is only on taking out the fruits for the purpose of eating. Alternatively Rav Safra took it out unwittingly.
5. Additionally according to some Rishonim, the Issur of taking the fruits to Chutz Laaretz is only after the time of Biur.
Based on the 3rd reason, if the fruit is not usually eaten, there is not prohibition.
According to the reason of the Rosh, if one sends the Esrogim back to Eretz Yisroel after Sukkos for Biur, it is permissible. Further, if the Esrogim are from Otzar Beis Din, some Poskim do not require Biur at all[13]. Indeed, since Esrogim continue to grow on the tree year-round, it is questionable whether Biur applies.
Tosfos’ first answer and answer 5 also give room for leniency since they are sent before Zman Habiur and not for the purpose of eating.
Shu”t Meishiv Davar rules that Esrogim may not be sent to Chutz Laaretz. This is also the view of the Chazon Ish and Rabbi Shmuel Salant[14].
Teshuvos Vehanhagos[15], although personally Machmir, is lenient and allows an Esrog to be sent for an individual who needs it. He adds that it is preferable to be Makneh the Esrog to the purchaser before it leaves Eretz Yisroel. He did not permit wholesale large scale. Others are completely lenient because it is for the purpose of a Mitzvah.
Many Gedolei Yisroel in Chutz Laaretz would use Shemittah Esrogim sold via Otzar Beis Din. Some would require the Esrog to be sent back to Eretz Yisroel after Sukkos or fried and eaten before the Zman Habiur, to be Choshesh to the Rosh. Others are completely lenient. In contrast, there were Gedolei Yisroel who would not use Esrogim from Eretz Yisroel from the Shemittah year[16].
Irrespective, one must remember that Eretz Yisroel Esrogim which are brought to Chutz Laaretz are subject to the laws of Kedushas Sheviis. They should not be disposed of but rather cooked and eaten or left to compost. n
[1] Sukkah 3:11
[2] Raavad, Ran, Rabbeinu Gershonm, Bartenura and Radba”z rule similarly to the Rambam. Minchas Shlomo 1:51:23, Sheivet Halevi 1:181 and Tzitz Eliezer rule leniently, since Lulavim are not used today for sweeping. See Az Nidberu 1:41 who is stringent
[3] Mahari”l Diskin and Chazon Ish
[4] Tzitz Eliezer 1:15.
[5] According to the Rambam Shemittah 4:12 and Shulchan Aruch, the status is determined by the year in which the Esrog is picked. See Gr”a based on Raava”d, Rashi and Tosfos that for an Esrog we go from the year of budding. Poskim are stringent according to both views, see Az Nidberu 4:57 and Sheivet Halevi 1:175.
[6] Tshebiner Rav and Shaarei Deah
[7] Tzitz Eliezer 1:15
[8] See Torah Temima parshas Behar 21 and Nitei Gavriel Arbah Minim.
[9] See Tzitz Eliezer 1:15 and Nitei Gavriel Arbah Minim.
[10] 10 See Tzitz Eliezer 1:15 who explains that the inflated prices paid for the Esrogim are not for their intrinsic value as an edible product but rather for the Mitzvah. If so, Havlaa will work because only the minimal edible value of the Esrog is considered.
[11] Sheviis 6:5
[12] Pesachim 52b
[13] Ramban
[14] In a letter to the Netziv, Rav Shmuel Salant writes that he did not allow his son Rabbi Binyomin Beinish, to send Esrogim to Chutz Laaretz.
[15] 2:560. He brings a proof from the fact that an Esrog was sent to the Gri”z of Brisk with no issue.
[16] Each year, the Lubavitcher Rebbe z”l would be presented with Esrogim from the Kfar Chabad orchards. The Rebbe would use a Calabrian Esrog for the Brocha and a Kfar Chabad Esrog for the Naanuim. In the year following a Shemittah year, the Rebbe would not use a Kfar Chabad Esrog.
- The fruits or produce of Shemittah year have a sanctity known as Kedushas Sheviis. Whilst they may be used or eaten in their usual way, they may not be wasted or destroyed.
- Money which is used to acquire Shemittah produce takes on the status of Kedushas Sheviis as above. One should not buy Shemittah produce from an Am Haaretz who may not treat the money properly.
- One is not allowed to do business by selling Shemittah produce.
- Shemittah produce may not be taken out of Eretz Yisroel.
- There is also an obligation of Biur. Whilst one may bring in Shemittah produce to use, once the produce or fruit is no longer growing on the trees, one must perform Biur. This is done by taking the fruit outside and being Mafkir it to declare it ownerless (in front of three people). One may then take the fruit back to use.
- According to Ramban there is a positive Mitzvah to eat the fruits of Sheviis. Halocha follows the Rambam that there is no Mitzvah.
- The above is in addition to the restrictions on farmers working the land and mass-harvesting the fruits (unless via Otzar Beis Din)
The question is are the Arbah Minim subject to these restrictions? And how do we deal with them?
Lulav: The Mishna[1] teaches that someone who buys a Lulav during Shemittah, should be given the Esrog as a gift. The Rambam explains that the Lulav is like wood as it is not edible or otherwise useful and therefore not subject to the Shemittah produce restrictions.
Rashi and Tosfos offer a different explanation of the Mishna. According to their view, a Lulav which grew during Shemittah would be subject to the laws of Shemittah produce. This is because Lulavim are useable for sweeping. Accepted Halacha is to be lenient like the Rambam[2].
Aravos: Since they have no taste or smell or serve another functional use, Aravos are not subject to the laws of Shemittah produce.
Haddasim: There is a debate whether Haddasim are subject to Shemittah restrictions. This is based on a dispute in the Yerushalmi whether plants that are used for fragrances are subject to Shemittah or not. Some Poskim are Machmir[3].
Others are lenient[4]. Minchas Shlomo is lenient because today Haddasim are grown specifically for the Mitzvah and not for fragrance.
Esrogim: The biggest Shaalos concern our Esrogim. Whilst they may be used for the Mitzvah of Lulav, they are subject to the laws of Shemittah produce. An Esrog is treated as Shemittah produce either if it was picked or it budded during the Shemittah year[5]. The Shaaloh on Esrogim will most likely be for the Sukkos after the Shemittah year.
There is a minority view that Esrogim grown purely for the Mitzvah are not subject to Shemittah, because Mitzvah use is not considered a Hanaah[6].
Note, the restrictions only apply to the Minim which were grown in Eretz Yisroel. Esrogim from other countries, such as Italy (Calabrian or Yanover Esrogim), as customarily used by many groups, including Chabad Chassidim, are not subject to any restrictions.
Accepted Halocha is that if a field in Eretz Yisroel belongs to a non-Jew or is legitimately sold to a non-Jew, the Esrogim are not subject to Shemittah. Nonetheless, Poskim advise not buying Esrogim grown by non-Jews for fear of grafting[7].
One should not use Esrogim which come from farms which were worked during the Shemittah year or if the farmer protected his field and did not make the fruits hefker in Shemittah as required by Torah. According to many authorities, these Esrogim may not be eaten and therefore cannot be used for the Mitzvah.
On the Posuk and the Land will be for you to eat Chaza”l learn that for you teaches that the produce may be used for all of your needs. To eat, comes to exclude wasting or doing business with the fruits.
Poskim question why one is able to use Shemittah Esrogim, when inevitably the skin will become spoiled and browned from use. Since the fruit itself remains intact and only the rind is spoiled it is acceptable. Alternatively, since the Esrogim are planted for this purpose we are not concerned[8].
To avoid the Issur of doing business with the Shemittah Esrogim and also to avoid the problem of buying from an Am Haaretz, the Esrog is sold together with the Lulav as per the Mishna quoted above. The Esrog is considered a gift and payment is for the Lulav which is not subject to Shemittah. This is referred to as Havlaa. Although the Esrog will have Kedushas Sheviis, the money will not paid will not.
According to those who hold that Haddasim are not subject to Shemittah, one may also do Havlaa for the Esrog with the Hadassim.
Note, many Poskim question the legitimacy of the Havlaa method. They argue that this only worked at a time when Esrogim were cheaper than the Lulav. Nowadays when even basic level Esrogim and certainly Mehudar Esrogim can cost many times the value of the Lulav, how can Havlaa be justified? This would constitute a Haarama – an obvious ‘trickery’ to circumvent the Shemittah restrictions[9]. According to this view, Esrogim may only be sold at cost price.
Poskim justify the practise of buying Esrogim at regular prices via Havlaa, since Shemittah nowadays is only Rabbinic in status and it is for the purpose of a Mitzvah[10].
Exporting: All of the above works fine for Esrogim being used in Eretz Yisroel. But what about exporting Esrogim to Chutz Laaretz?
The Mishna[11] teaches that Shemittah produce may not be taken from Eretz Yisroel to Chutz Laaretz.
The Rishonim explain different reasons for this prohibition. Based on the reasons, the Poskim find basis to permit exporting Esrogim to Chutz Laaretz.
1. Raavad explains that this was a precaution because in Chutz Laaretz they may not know how to treat fruits with Kedushas Sheviis.
2. Rosh learns that the prohibition on taking Shemittah produce outside Eretz Yisroel is because the fruits themselves require Biur in Eretz Yisroel.
3. Another opinion is that part of the conditions of Kedushas Sheviis obligates the fruits to be consumed in Eretz Yisroel.
4. The Gemora[12] relates that Rav Safra took wine from Shemittah to Chutz Laaretz. Tosfos asks how he was able to do so. Tosfos answers that the prohibition is only on taking out the fruits for the purpose of eating. Alternatively Rav Safra took it out unwittingly.
5. Additionally according to some Rishonim, the Issur of taking the fruits to Chutz Laaretz is only after the time of Biur.
Based on the 3rd reason, if the fruit is not usually eaten, there is not prohibition.
According to the reason of the Rosh, if one sends the Esrogim back to Eretz Yisroel after Sukkos for Biur, it is permissible. Further, if the Esrogim are from Otzar Beis Din, some Poskim do not require Biur at all[13]. Indeed, since Esrogim continue to grow on the tree year-round, it is questionable whether Biur applies.
Tosfos’ first answer and answer 5 also give room for leniency since they are sent before Zman Habiur and not for the purpose of eating.
Shu”t Meishiv Davar rules that Esrogim may not be sent to Chutz Laaretz. This is also the view of the Chazon Ish and Rabbi Shmuel Salant[14].
Teshuvos Vehanhagos[15], although personally Machmir, is lenient and allows an Esrog to be sent for an individual who needs it. He adds that it is preferable to be Makneh the Esrog to the purchaser before it leaves Eretz Yisroel. He did not permit wholesale large scale. Others are completely lenient because it is for the purpose of a Mitzvah.
Many Gedolei Yisroel in Chutz Laaretz would use Shemittah Esrogim sold via Otzar Beis Din. Some would require the Esrog to be sent back to Eretz Yisroel after Sukkos or fried and eaten before the Zman Habiur, to be Choshesh to the Rosh. Others are completely lenient. In contrast, there were Gedolei Yisroel who would not use Esrogim from Eretz Yisroel from the Shemittah year[16].
Irrespective, one must remember that Eretz Yisroel Esrogim which are brought to Chutz Laaretz are subject to the laws of Kedushas Sheviis. They should not be disposed of but rather cooked and eaten or left to compost. n
[1] Sukkah 3:11
[2] Raavad, Ran, Rabbeinu Gershonm, Bartenura and Radba”z rule similarly to the Rambam. Minchas Shlomo 1:51:23, Sheivet Halevi 1:181 and Tzitz Eliezer rule leniently, since Lulavim are not used today for sweeping. See Az Nidberu 1:41 who is stringent
[3] Mahari”l Diskin and Chazon Ish
[4] Tzitz Eliezer 1:15.
[5] According to the Rambam Shemittah 4:12 and Shulchan Aruch, the status is determined by the year in which the Esrog is picked. See Gr”a based on Raava”d, Rashi and Tosfos that for an Esrog we go from the year of budding. Poskim are stringent according to both views, see Az Nidberu 4:57 and Sheivet Halevi 1:175.
[6] Tshebiner Rav and Shaarei Deah
[7] Tzitz Eliezer 1:15
[8] See Torah Temima parshas Behar 21 and Nitei Gavriel Arbah Minim.
[9] See Tzitz Eliezer 1:15 and Nitei Gavriel Arbah Minim.
[10] 10 See Tzitz Eliezer 1:15 who explains that the inflated prices paid for the Esrogim are not for their intrinsic value as an edible product but rather for the Mitzvah. If so, Havlaa will work because only the minimal edible value of the Esrog is considered.
[11] Sheviis 6:5
[12] Pesachim 52b
[13] Ramban
[14] In a letter to the Netziv, Rav Shmuel Salant writes that he did not allow his son Rabbi Binyomin Beinish, to send Esrogim to Chutz Laaretz.
[15] 2:560. He brings a proof from the fact that an Esrog was sent to the Gri”z of Brisk with no issue.
[16] Each year, the Lubavitcher Rebbe z”l would be presented with Esrogim from the Kfar Chabad orchards. The Rebbe would use a Calabrian Esrog for the Brocha and a Kfar Chabad Esrog for the Naanuim. In the year following a Shemittah year, the Rebbe would not use a Kfar Chabad Esrog.