Every 7th year is shemittah which imposes all types of restrictions on the working of the land of Eretz Yisroel. The most recent shemittah was in 5776 (2015-2016) and the next one will be in 5783 (2022-2023). Approximately 150 years ago, there were Gedolei Yisroel who proposed a way to sell the farmland of Eretz Yisroel to a non-Jew as a way to avoid the halachos of shemittah (much like mechiras chametz). Since that time, the “heter mechirah” has been used each shemittah which some Rabbonim accepting it as valid, and other disagreeing. As a matter of policy, the cRc does not accept the heter mechirah.
Some halachos of shemittah also apply to the produce of shemittah, and in this regard fruits, vegetables, and grains are judged somewhat differently. Vegetables are considered to belong to the “year” during which they were harvested, such that cucumbers picked during shemittah are “shemittah produce” regardless of when they actually grew. In contrast, fruits and grains are considered to belong to the “year” during which they reached the stage of being one-third grown. [Esrogim and other citrus fruit have a somewhat different status.] Thus, for example, fresh mandarin oranges from Eretz Yisroel available for sale in the USA right now (May 2016), are “shemittah produce” even though shemittah ended many months ago. The oranges reached the one-third stage during shemittah, and are “shemittah produce” regardless of when they were actually harvested.
The status of “shemittah produce” also depends on whether the item in question is a fruit, vegetable, or grain. In general, all vegetables and grains that are “shemittah produce” (i.e., harvested during shemittah) may not be eaten due to the Rabbinic restriction known as “sefichin”. In contrast, shemittah fruits are permitted (even if the farmer did not observe the halachos of shemittah) but have a number of restrictions on them. Briefly, these include that: they should not be taken out of Eretz Yisroel, they must be treated with kedushas shevi’is (not wasted or discarded until they become spoiled and inedible), and after the time of “biur” all of it becomes forbidden. The cRc office has charts to determine when specific fruits, vegetables, and grains from Eretz Yisroel pose a shemittah concern.
One method for farmers to manage and sell their fruit during shemittah is through a communal setup known as Otzar Beis Din. Most people in chutz la’aretz are most familiar with this as relates to esrogim for the Succos after shemittah, which are sold using the Otzar Beis Din system. Anything which is from Otzar Beis Din must be treated with kedushas shevi’is and there is a machlokes whether that also means that it is forbidden after the time of biur. In this regard, the common practice is to be machmir, and for this reason the small amount of Otzar Beis Din wine sold in the USA (which is never exported until after the time of biur) is not recommended.
At the end of shemittah, all loans are cancelled – even for those loans made in chutz la’aretz – unless the lender writes a pruzbul. Thus, if I lent someone a dollar during the summer of 2015 and had not written a pruzbul, I would not have been able to collect that loan after Rosh HaShanah 5776 (September 2015). This halacha generally does not apply to wages, and therefore if a Mashgiach was not paid for work performed before Rosh Hashanah, he can collect that money even if he did not write a pruzbul.
For the first three years after a tree is planted, any fruit that grows on that tree cannot be eaten (and they are also assur b’hana’ah); this halacha is referred to as arlah. [Certain restrictions also apply during the fourth year.] In this context the term “tree” refers to a plant which maintains a trunk over the winter. Common examples include apples, grapes, kiwis, oranges, and tree-nuts. There is no restriction of arlah on vegetables, such as cucumbers, lettuce, peanuts, and tomatoes, or on items such as bananas and pineapple which have no visible aboveground-trunk during the winter.
Although arlah which grows in chutz la’aretz is forbidden, there is a halacha l’Moshe m’Sinai that if there is any doubt as to whether a given fruit grown in chutz la’aretz is arlah (safek arlah), the fruit is permitted. Therefore, on a practical level, when in chutz la’aretz there is no need to be concerned that fruit might be arlah unless the person is sure it is from a young tree (such as if it is growing in his yard), or it comes from Eretz Yisroel where safek arlah is forbidden.
Charts are published in Eretz Yisroel which note the percentage of arlah for each fruit that grows there. For example, the chart might say that 12% of starfruit growing in a given year were arlah. What percentage of arlah is “too high”? At what point must one not eat a given type of fruit because it might be arlah? Poskim have different opinions – 50%, 10%, 5%, or 0.5% – and we are generally machmir if the fruit has more than a 5% chance of being arlah. [For more on that, listen to the shiur at http://kshr.us/SafekArlah.] The cRc office has access to arlah charts and can answer questions about fruit that comes from Eretz Yisroel without hashgachah.
C. Terumah & Ma’aser
One may not eat any of the produce of Eretz Yisroel unless terumah and ma’aser were separated. The following separations are required: (1) a tiny portion for terumah, (2) 10% for ma’aser rishon, (3) 10% of the ma’aser rishon (i.e., 1% of the original batch) for terumas ma’aser, and (4) a secondary ma’aser (10% of the remaining produce, which is about 9% of the original). The “secondary ma’aser” is either (a) ma’aser sheini during the 1st, 2nd, 4th, and 5th years of the shemittah cycle, or (b) ma’aser ani for the 3rd and 6th years of the cycle.
Of the four separations required, it is essentially forbidden to eat terumah (#1), terumas ma’aser (#3), and ma’aser sheini (#4a), but the others may be eaten after they are separated. Therefore, a separation of terumah and ma’aser involves (a) declaring the four different separations, (b) physically separating a tiny bit for terumah (#1) and 1% for terumas ma’aser (#3), (c) double-wrapping those two items before discarding them, and (d) transferring the kedushah from any ma’aser sheini (#4a) onto a coin so that the food can be eaten. There are many details involved in the above steps, and therefore hafrashas terumah and ma’aser should only be done by someone who has been trained in the procedure, and using a protocol or script written for this purpose.
If a Jewish storeowner (or individual) owns produce of Eretz Yisroel, he can and should appoint the Mashgiach as his sheliach (agent) to perform hafrashas terumah and ma’aser on his behalf. If the owner of the produce is not Jewish, the procedure is somewhat more complicated, and a shailah should be asked.