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May 27, 2015
Interesting Psak: throw hetter mechira produce in the garbage
Rav Shteinman is being quoted as having said something that is supposedly unique (otherwise why is it of interest) regarding hetter mechira.
Bechadrei says that Rav Shteinman was recently asked if hetter mechira produce can be used to feed the poor. Supposedly Rav Shteinman's answer was that the hetter mechira produce must be thrown out into the garbage and not be used even to feed the poor.
I get that plenty of people hold hetter mechira produce cannot be eaten. It makes sense to me that if you hold that so strongly, even to the point where it is not just a chumra to avoid hetter mechira produce but you say the sale has no actual effectiveness, then you hold that hetter mechira produce cannot be eaten under any circumstances. Even to feed the poor.
That part of it is all fine by me, according to the opinion of Rav Shteinman. His position is consistent.
My question is that if you hold the hetter mechira does nothing, the sale is totally irrelevant and ineffective, then you must hold that the produce has kedusha - holiness of shmitta produce. It cannot be eaten, but it has kedusha. How could Rav Shteinman say the food cannot be eaten because the mechira was invalid while at the same time instructing the questioner to throw the produce in the garbage? Maybe he meant to wrap it in bags and dispose of it properly for kedusha produce?
Bechadrei says that Rav Shteinman was recently asked if hetter mechira produce can be used to feed the poor. Supposedly Rav Shteinman's answer was that the hetter mechira produce must be thrown out into the garbage and not be used even to feed the poor.
I get that plenty of people hold hetter mechira produce cannot be eaten. It makes sense to me that if you hold that so strongly, even to the point where it is not just a chumra to avoid hetter mechira produce but you say the sale has no actual effectiveness, then you hold that hetter mechira produce cannot be eaten under any circumstances. Even to feed the poor.
That part of it is all fine by me, according to the opinion of Rav Shteinman. His position is consistent.
My question is that if you hold the hetter mechira does nothing, the sale is totally irrelevant and ineffective, then you must hold that the produce has kedusha - holiness of shmitta produce. It cannot be eaten, but it has kedusha. How could Rav Shteinman say the food cannot be eaten because the mechira was invalid while at the same time instructing the questioner to throw the produce in the garbage? Maybe he meant to wrap it in bags and dispose of it properly for kedusha produce?
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He must have been speaking only about vegetables and the like - which are forbidden because of sefichin. Tree fruits are permissible according to many opinions. It could be that since the sefichin are forbidden there is no issur of throwing them away.
ReplyDeleteIt's a good thing that Rav Shteineman has an anonymous talkbacker on rafi's blog that explains what he meant so all the people that listen to him won't throw kedushat sheviit into the garbage (though it seems that his talmidim who were there at the speech seem to think that he was asked regarding both fruits and vegetables)
DeleteIf the story in bechadrei is true, that is the only way I can understand it - if there is another explanation, then I don't believe he said it at all.
DeleteSfichin are assur m'drabanan, but have Kedushat Shvi'it m'deoraita. As such, they are Assur, but can not just be thrown away - they need to be treated the same way any other Kedushat Shevi'it produce that is not being used is treated (i.e., put on the side until it's spoiled, and only then thrown out in a respectful manner).
DeleteWhy would a farmer claim the produce grew on its own (and therefore sefichin) when he could say instead (and he does say) that it was purposefully grown using hetter mechira?
ReplyDeleteAlso, doesn't the CI hold the sale is valid -- and therefore an issur of Lo Tichonem? If so, according to CI, why should the vegetables not be considered yibul nochri?
The CI held that since the sale is forbidden because of lo techanem, if performed by a shaliach (as is done today by the Rabbanut) it is invalid.
DeleteThe prohibition of sefichin includes also produce which was planted delilberately.
as far as I remember, Rav Rimon writes in his sefer that the methods have been changed in order to improve the halachic status of the mechira. He says that shlichus is no longer employed. If I remember correctly, this was already changed last shmitta, not just for this one.
Deleteand the CI said specifically that if the sale is done directly (as is done today!!) then it is valid.
Deletehttp://www.news1.co.il/Archive/001-D-151121-00.html?tag=22-58-18
ReplyDeleteregardless of all this, if the hetter mechira does not work, why is there no kedusha? sefichin is assur to eat. I get that. if you hold it is sefichin, you cannot eat it. but sefichin also does not have kedusha?
ReplyDeletethere are some who are machmir that even hetter mechira produce (not those against it) should be treated with kedusha. Some say even yevul nochri should be treated with kedusha. this produce doesnt need to be treated with kedusha, even if assur to eat?
Bottom line: do not rely on the media to determine law. Or for anything else.
ReplyDeleteBottom line: do not rely on the media to determine law. Or for anything else.
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It's a bit interesting that Rav Kook had a more strict approach. He held the better mechirah was valid, but that scraps should nonetheless be treated as if they have kedushah.
ReplyDeleteRav Rimon also has a summary in his book of how the preponderance of poskim if fact allow for eating produce according to ANY of the approaches to shmitta - though I realize that wasn't your issue here.
My problem is: why aren't we deeply bothered by all the mitzvoth being violated by not feeding the poor? Have we really lost our minds? Do we not at least factor in 'don't standby idly by your brother's blood', or 'love your fellow as yourself', or the other mitzvoth d'oraita that oblige us to feed the poor? We've lost our minds. And hearts.
we wouldnt feed "chazer treif" to the poor, just because they are poor, so if you hold heter mechira is assur to eat (which rav Shteinman does - rav ovadia and many others held differently), then you cant feed hetter mechira to the poor. They arent holding that avoiding hetter mechira is a chumra. they hold such produce is actually assur. but I still think it should have kedusha.
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