Unlocking Shemittah: Shabbat for the Holy Land

Every seventh year, all Jewish-owned land in Eretz Yisrael must remain uncultivated. This year is called Shemittah, which translates as “release,” and is often referred to as the Sabbatical year. All the agricultural produce of this year is hefker—ownerless, and anyone may take it. The produce is also imbued with a special holiness and must be treated with respect.

The laws of Shemittah are based on several Torah verses:

“But in the seventh year, you shall let [the land] rest and lie fallow, and the poor of your people will eat, and what they leave, the beasts of the field will eat.” (Shemot 23:11)

“When you come to the land that I am giving you, the land shall rest a Shabbat to G-d. You may sow your field for six years ... but in the seventh year, the land shall have a complete rest, a Shabbat to G-d...” (Vayikra 25:2-4)

Following are some pointers to observance of Shemittah both in Eretz Yisrael and abroad.

Fruit and Vegetables During Shemittah

For vegetables, Shemittah applies according to the time of harvest, whereas kedushat shevi’it (the sanctity of the seventh year) for fruit is determined according to the time of budding (when the flower-buds drop from the tree before fruit starts to grow).

Therefore, all fruits grown in Eretz Yisrael that budded in the Shemittah year, and all vegetables harvested during that year, have kedushat shevi’it.

Since there is no way of detecting whether a store’s products are from the Shemittah year, when purchasing produce from Eretz Yisrael it’s important to only buy in a store with kosher certification.

During and right after Shemittah year, such stores sell:

• Produce grown by non-Jews on land not owned by Jews in Eretz Yisrael
• Produce from the sixth year
• Produce grown in greenhouses using methods that keep the plants detached from the ground

Owning Land in Eretz Yisrael

A person who owns land in Eretz Yisrael must observe the halachot of Shemittah on that land. Cultivation is forbidden, and the produce must be declared hefker.

This does not have to be a verbal declaration; it’s enough to leave one’s field or garden open in such a way that people can come and take the produce. (They must be genuinely able to take it — if there is a guard dog, for instance, the dog must be removed.)

Therefore, the field or garden may not be locked, unless there are other items there (such as tools) that could be stolen. In such a case, the owner should hang a sign telling people that the produce is hefker and if they want to take it, they should knock at the door and ask for the key.

This does not mean that the person whose land it is may not take the produce himself. He may take for himself, even if he owns only one or a few trees (for example) and he ends up taking all the produce for his own family’s needs and leaving nothing for others.

Respecting the Sanctity of Shemittah Produce

Tithes

Shemittah produce may and should be eaten and enjoyed. It may not be wasted or discarded or treated with disrespect.

Because Shemittah produce is hefker, there is no need to take tithes from it (ma’aser) and therefore, taking tithes is actually forbidden as it would be considered wasting the produce.

Leftovers

If one eats a fruit or vegetable that has kedushat shevi’it, and doesn’t want to finish it, the remains must be disposed of appropriately. If the remains are enough that someone else might (in theory) eat from them, or they might be retained for animal feed (in principle — this applies even if the person doesn’t own an animal), the leftovers may not be thrown into the trash. Instead, the leftovers should be wrapped in plastic before discarding to protect them from being actively destroyed (instead, they will rot of their own accord).

Examples of what might be considered waste that must be wrapped before being discarded are:

• Orange peels, because they are commonly used in various factory-produced items etc.
• Watermelon seeds, as many people eat them

While apple cores and similar may be thrown into the garbage without wrapping, even if some fruit is left attached (as ordinarily, no use is made of these items), many people keep a special “Shemittah garbage can” or container where all leftovers from Shemittah produce are kept. Even here, care must be taken as placing edible remains on top of rotten remains would be actively ruining them, and so leftovers should be kept separate using wrapping.

Minimal food leftovers that are commonly left on a plate or pot and thrown away may be disposed of in the regular trash and the dishes may be washed up as usual.

Food with kedushat shevi’it that has already spoiled, rotted, or gone moldy may be thrown away in the regular trash.

Mint leaves and anything similar that have been used for tea or flavoring so many times that they have lost their flavor may be thrown into the regular trash.

Shemittah Wine

When making Kiddush on Shabbat, it is preferable to fill the goblet to the brim, even if this leads to some being spilt. If wine with kedushat shevi’it is used, a dish of some kind should be placed under the goblet to catch any spills, which should be drunk afterward.

When making Havdalah, many have the custom of pouring the wine until it flows over. If Shemittah wine is used, one should take care not to spill it and if some does spill, it should be caught and drunk.

Shemittah wine used for Havdalah should not be used to extinguish the Havdalah candle, nor should one dip one’s fingers in it to place over the eyes (as is the usual custom after Havdalah).

During the Pesach Seder, we dip our fingers into the wine to spill drops corresponding to the plagues. This wine is not drunk, and Shemittah wine should not be used for this purpose.

Purchasing Shemittah Produce

In many Jewish neighborhoods, there are Shemittah produce stores, called Otzar Beit Din, where Shemittah produce can be acquired. An Otzar Beit Din is a store established by the beit din (rabbinical court) which acquires Shemittah produce from farmers.

A farmer may not sell the Shemittah produce of his land, but he may hire workers to harvest it, pack it, and transport it to the beit din, which then compensates him for his expenditure (without paying for the produce itself) and sells it to the public.

There are many complex laws related to Shemittah produce, which is why no one should purchase foods with kedushat shevi’it from someone who is not fully Torah observant.