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PSA: Beware of Israeli Produce when Shopping

A CrownHeights.info reader sent us this photo of a bag of carrots he was about to purchase in a Shop-rite supermarket located upstate. They label states that they come from Israel, which bears serious Halachic complications as this is a Shmittah year, and all fruits and vegetables grown in the Holy Land must bear a reliable Hechsher asserting that all laws of Shmittah have been kept.

We received reports that Israeli produce was being sold in Costco as well.

Although some consider Israeli produce to be permissible during Shmittah year through Heter Mechirah, it is best to avoid relying on such a Heter, as explained by Chabad.org:

The heter mechirah, or “sale dispensation,” is a legal loophole devised by three prominent rabbis in response to the life-threatening situation in Israel in the late 1800s. Jewish farmers were struggling to stay afloat, and 1889 was a Shemittah year. Farmers were afraid that if they would allow the land to lie fallow for an entire year, not only would they become entirely destitute, but everything they had built up to that point would be lost. The rabbis therefore came up with this loophole. The way it works is that the land is sold to non-Jews (similar to the sale of chametz before Passover) for the duration of Shemittah. This “non-Jewish” land is then permitted to be worked, and its produce sold.

From its inception, the heter mechirah has been controversial, with halachic authorities on both sides of the debate. The most important factor in allowing a lenient stance is the fact that nowadays the Sabbatical year is not biblically required. Since it is only rabbinically ordained, more leniency can be applied.

Some of the reasons of those opposed to the heter mechirah: a) It is prohibited to sell land in the Land of Israel to a non-Jew, and any such sale is invalid. b) According to certain halachic opinions, Shemittah observance today remains a biblical obligation. c) According to yet other opinions, non-Jewish produce is holy too, so the heter mechirah doesn’t accomplish anything. d) Originally, the provision was only intended as a temporary response to a state of emergency, and was not intended to be used once the state of emergency was over.

According to Rabbi Abraham Isaac Kook, this dispensation is similar to the permission—and obligation—to desecrate the Shabbat in life-threatening situations, as it is written: “The Torah teaches us that we should desecrate a single Shabbat for one whose life is in danger, so that he will be able to keep many future Shabbats.” As the economy in Israel becomes more established and there is no longer a state of emergency, the original basis for the loophole is gone.

The growing trend in Israel is to avoid relying on the heter mechirah.

If you already purchased produce that originated in Israel, please consult with your rabbi, as it may be problematic to throw it in the garbage since the produce is Kodesh Bikdushas Shvi’is.

Click here for the full Chabad.org article on the laws of Shmittah.

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7 Comments

  • mrs. m

    I wanted to make people aware that costco also has mandarin oranges from israel i saw them a few month back not sure about it recently.

  • Milhouse

    There’s a big difference between fruit and vegetables. I’m no expert in these halochos, but it’s my understanding that even if we ignore the mechira, fruit of shmita may be eaten (even in chu”l, though they shouldn’t have been exported), observing the laws of kedushas shvi’is, i.e. nothing may be wasted, and anything not eaten may not be thrown away until it has become inedible. It has to be set aside and allowed to dry out or rot until it’s inedible, and then it may be thrown out. Vegetables, however, are sefichin (if we ignore the mechira) and may not be eaten at all. (If I’m wrong about this I’m sure someone will correct me.)

  • you can buy Badaatz

    IF anything has an Eida Chareidit Badaatz hechscher, it is yuval nochri, Arava, or from the 6th year. So those are OK, but I doubt you would find anything under these conditions.

    Funny you should mention carrots – none of the supermarkets had in Jerusalem or Beit Shemesh yesterday. We happened to drive past a little merkolet and I had to screech to a stop when my friend yelled CARROTS!!! And we haven’t seen a banana in weeks. When we do they are about 3″ long & powdery. Mangoes are 40 shekel a kilo (that’s about $5 a pound.) But hey…. we are fulfilling this once-every-7-years mitzvah.

    • Milhouse

      If the “yevul nochri” is coming from farmers who give their maaser to Hamas or Fatah, then buying it is a bigger aveira than heter mechira.

  • BH

    It’s very funny usually those who hate Israel refuses to buy Israeli products and here those who identify Jewish refuse to buy them.

  • Jetro too

    Those Carrots (“Dorot Farms”) are also sold by Jetro (if you buy a small bag there, it might be repackaged, so beware – those are beautiful large carrots).

    The problem might also extend to next year and beyond with fruit and wine. I remember once seeing a bottle of Israeli wine, that said it was Al Pi Heter Mechira.

    If purchased mistakenly, ask a competent Rabbi what to do. DO NOT RETURN TO STORE, as trading in Peiros Shvi’is is forbidden.