Shmita Q&A 2 - Another Collection of Enlightening Answers

What is Heter Mechira?

Heter Mechira is a situation where a Jewish owner of fields and orchards sells his lands during the Shmita year to a non-Jew,
so that work can continue on these lands as usual. Fundamentally, this allowance was intended for farmers who were concerned that observing the Shmita year would leave them without a source of livelihood.

However, there is no doubt that it is proper and correct for anyone who fears and trembles at Hashem's word to purchase fruits and vegetables during the Shmita year only from shops that observe Shmita and do not rely on the Heter Mechira performed by the Chief Rabbinate. In our times, it is easily possible not to rely on 'Heter Mechira'. As our Sages said (Midrash Tanchuma, Parashat Vayikra) about those who observe the seventh year: "Mighty in strength who fulfill His word."
Particularly, one should be strict about ornamental gardens and the like, to observe all the laws of Shmita in them, and not resort to Heter Mechira at all, since nowadays there is no pressing need to rely on this allowance (Yalkut Yosef on the laws of Shmita, Chapter 25, Section 1).

Is it permissible to buy from stores that hold a 'Heter Mechira' document?

Heter Mechira is subject to a pure, substantive Torah dispute. Rabbi Elyashiv's opinion is to forbid the sale in our time entirely. In contrast, Rabbi Ovadia's opinion includes a ruling based on the strict law and a practical guideline, and this is exactly his view: "Anyone who wants to buy produce from Heter Mechira certainly has what to rely on. Because this allowance is founded on holy mountains as we have explained. One who is strict to acquire fruits from produce that is not from Heter Mechira, blessings will come upon him. When necessary, and especially in cases where the prices of fruits with more stringent kosher certification are inflated, one may be lenient and purchase produce from Heter Mechira, as explained." Regarding the practical law, both initially agree that one should preferably seek produce from non-Jewish crops, when there is no significant price difference.

Is it permissible to buy fruits and vegetables from a market stall that does not have proper Shmita year certification, but has low prices?

If the vegetable stall does not have kosher certification, it is preferable to buy from a place that has certification even if the products are more expensive.

Can one plant plants in the garden and arrange it during the Shmita year?

It is permitted by the strict law to plant grass and plants until the eve of the upcoming Rosh Hashanah, however some are strict to finish planting plants up to three days before Rosh Hashanah, so that the absorption will not be within the Shmita year. It is forbidden to plant a fruit-bearing tree after the 15th of Av before the Shmita year. Regarding non-fruit bearing trees, the authorities are divided on the final time permitting planting, some allow planting up to two weeks before Rosh Hashanah, and some are lenient and permit planting non-fruit trees until the eve of Rosh Hashanah [or three days before Rosh Hashanah as mentioned above].

After Rosh Hashanah, one should not plant any vegetable, plant, or flower. Regarding watering decorative grass in the seventh year, some say that one should not water in the Shmita year as usual, but only when one sees that the grass is beginning to lose its luster. On the other hand, some permit watering as usual for need, as long as the watering is done to prevent the grass from drying out. And this is the general rule regarding everything else: watering to a certain extent as needed to preserve the plant or flower is permitted.

Does a person living outside of Israel also need to fulfill this commandment?

Land sabbatical is practiced only in the Land of Israel, but debt cancellation is practiced even outside of Israel.

What are the practical commandments for a woman who wants to observe Shmita?

A woman who wants to fulfill the laws of Shmita properly should study and review the laws of the seventh year - and thus
she will know what and how to be careful. In the following link you can find the book Kitzur Shulchan
Aruch Yalkut Yosef on the laws of Shmita:
https://www.ateret4u.com/online/f_01355_part_63.html

What is the Prozbul commandment, and are women also obligated to observe it?

In the time of Hillel the Elder, he saw that people were refraining from lending to each other in the Shmita year, fearing that the seventh year would cancel their debt (since Shmita cancels debts). So he found it appropriate to institute 'Prozbul' (a document by which the lender transfers his debts to the court), so that people would continue to lend to one another and not worry that the debt
would be cancelled (Tractate Shviit Chapter 10, Mishnah 3). The reason Prozbul prevents the debt from being cancelled is because the Shmita only cancels debts between one person
and another. However, debts that the lender has transferred to the court are not cancelled by the Shmita.

The format of the Prozbul document that has been customary in the holy city of Jerusalem for hundreds of years is as follows: Before us, the undersigned witnesses, came so-and-so and said to us: Be my witnesses that I am transferring every debt owed to me to the righteous court of the holy city of Jerusalem. Namely: Rabbi so-and-so, and Rabbi so-and-so, and Rabbi so-and-so, that I may collect it whenever I wish. And two witnesses sign it. And it is proper to do so even though these judges do not know about this debt transfer (Yalkut Yosef on Shviit Chapter 24 Section 26).

Since the commandment of debt cancellation applies also to women (Sefer HaChinuch, Mitzvah 477), therefore a woman who does not want
debts owed to her to be cancelled should also make a Prozbul.

Is it necessary to tithe fruits purchased with Heter Mechira or Otzar Beit Din certification?

Fruits and vegetables from Otzar Beit Din are exempt from tithes and offerings (see Rambam, Laws of Gifts to the Poor,
Chapter 5, Law 6).

Fruits and vegetables from Heter Mechira are exempt from tithes and offerings, unless their 'final processing' was done
by a Jew. For example: if a Jew made wine from grapes or oil from olives. In such cases, they are obligated in tithes
and offerings without a blessing.

What is the removal of fruits done in the Shmita year, does it also apply to women, and how is it done?

The laws of removing seventh year fruits also apply to women.
See the following link in Chapter 21 for the details of the removal laws:
https://www.ateret4u.com/online/f_01355_part_63.html#HtmpReportNum0021_L2

Is there a commandment to acquire land for the purpose of fulfilling the Shmita commandments? If so, what is the importance of this?

See the following link for the importance of this:
https://he.shviit.com/?gclid=CL6ohuaHtMACFfMgtAodCEwAaA

However, it should be emphasized that this is not an obligation at all.