Shmita and the Arba Minim
Understanding Shmita
The Torah teaches that every seventh year is shmita during which we are prohibited from plowing, planting or working the land of Eretz Yisroel in any way and must leave our land fallow (Vayikra 25:1-7). The Torah declares that “the produce of the shmita should be used only for food” (Vayikra 25:6), thereby imbuing the fruits and vegetables that grow in the shmita year with special sanctity, called kedushas shvi’is. There are many ramifications of this status, such as, the produce that grows during the shmita year should be used only for consumption and should be eaten (or drunk) only in the usual way.
It is even prohibited to have a gentile work a Jew’s land (Avodah Zarah 15b), just as one may not hire a gentile to do work on Shabbos that a Jew may not do. The owner of a field or orchard must treat whatever grows on his land as ownerless, allowing others to enter his field or orchard to pick, without charge, as much as their families can use. The landowner himself also may pick as much as his family will eat (see Rambam, Hilchos Shmita 4:1).
One may not actively destroy shmita produce suitable for human consumption. Therefore, one who has excess shvi’is produce may not dispose of it in the usual way. Instead, the produce can be placed in a plastic bag or box until the food is inedible. When it decomposes to this extent, one may dispose of the shmita produce in the regular garbage.
Otzar Beis Din and Esrogim
One may not harvest the produce of one’s field or tree in order to sell it in commercial quantities or in a business manner (Tosefta, Shvi’is 5:7; Rambam, Hilchos Shmita 6:1). For example, shmittah produce may not be sold by weight or measure (Mishnah, Shvi’is 8:3), nor sold in a regular store (Yerushalmi, Shvi’is 7:1).
This is where Otzar Beis Din steps in.
Otzar Beis Din literally means “a storehouse operated by Beis Din.” The Beis Din represents the public interest by hiring people to pick and transport the produce to a distribution centre near the consumer. Obviously, no one expects the pickers, sorters, truckers, and other labourers to work as unpaid volunteers; they are also entitled to earn a living. Similarly, the managers who coordinate this project are also entitled to an appropriate wage for their efforts. Furthermore, there is no reason why Beis Din cannot hire the owner of the orchard to supervise this massive project, paying him a wage appropriate to his significant skills and experience in knowing how to manage this operation. This is all legitimate use of an Otzar Beis Din.
The Otzar Beis Din divides its costs among the consumers. The charges to the user should reflect the actual expenses incurred in bringing the products to the consumers, and may not include any profit for the finished product (Minchas Shlomoh, Shvi’is 9:8 pg. 250).
Please note that all the halachos of kedushas shevi’is apply to Otzar Beis Din produce.
Also note that acquiring from an Otzar Beis Din is not really “purchasing” since you are not buying the fruit, but receiving a distribution – your payment is exclusively to defray operating costs. The money paid for Otzar Beis Din produce is compensation for expenses and not in exchange for the shmita fruit (Minchas Shlomoh, Shvi’is 9:8 pg. 250).
As a final note, whilst the Mishnah (Shvi’is 6:5) prohibits exporting shmita produce outside Eretz Yisroel, some recognized authorities specifically permit exporting shmita wine and esrogim (Beis Ridbaz 5:18; Tzitz Hakodesh, Volume 1, 15:4, Rav Yosef Lieberman (Mishnas Yosef 4:7), Derech Emuna, Sheviis 5:96, in the name of the Chazon Ish).
*****
For those who prefer an esrog from chutz la'aretz (i.e. not shmita), we are pleased to offer the following options: