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An integral part of our Seder night is the four cups of wine, and of course, one of the specialties of Israel is kosher wine production. Israel finest wines will fill tens of thousands of cups around the globe for the mitzvah of arba kosot (the four cups).

Since last year was a shemitah year, shemitah wine can be quite common in the market, as such the question arises what kind of Israeli wine should be used for the Seder and how should it be handled.

Shemitah Fruit In The Eight Year

Although shemitah technically ended on Rosh Hashanah 5783 fruits can still be holy with Kedushat Shevi’it well into the Eight year (the after shemitah) this is because regarding fruit the status of shemitah goes by the blossoming of the fruit and not when they are picked. Meaning if the fruit started to grow during the shemitah year even though it was harvested much later it is still considered fruit from the shemitah year and has the unique holiness that must be adhered too. This holiness includes not wasting, doing business or bringing the fruit overseas. In relation to grapes since the grapes grew during the shemitah year and were harvested either right before or right after Rosh Hashanah they have all the laws relating to shemitah.

Otzar Beit Din

One of the fashions of consuming shemitah fruit is Otzar Beit Din (literaly “the Rabbinical court treasury”). The source of this system appears in the Tosefta (Shevi’it 8:1-2) one of the earliest Talmudic sources. In the times of the Mishnah our Sages made a decree that the Rabbinic courts in all cities would create a shevi’it storage system, called Otzar Beit Din. The Tosefta (Shevi’it 8:1) an early Talmudic Source describes how the Beit Din (Rabbinic court) would appoint officers to collect forfeited produce, give a certain amount to the original owners and then store the remaining produce. The purpose was to store the food for the poor or for others who wanted to collect for consumption. The logic behind this system is as follows, The Sages were concerned that opportunists would go to the ownerless fields and orchards, pick large quantities, and sell them in the marketplace. To solve this problem, the rabbinical court i.e. beit din of each town appointed agents to sit at the city gates. When they saw people leaving the city with large quantities of shemitah produce in hand, the agents left them with a weekly allowance of food and put the rest of the produce in its storehouse (treasury or otzar) In this way, people had their needs had what they needed to consume and were given access to fruit that was in essence there’s to consume since produce grown during shemitah is ownerless and may be taken and consumed by anyone. Authorities (see Minchat Yerushalyaim p.213) added the mechanism of basic payment for harvesting and delivery of final Otzar Beit Din products. This is clear based on the wording of the Tosefta that the Rabbinical court would employee workers to harvest and in the case of wine and oil produce the final product. The development and legitimacy of Otzar Beit Din has been disputed for centuries. Certain later authorities claimed that it was a temporary decree which was not accepted by early authorities (see Hatorah Veha’aretz 3, p.180). Others claim that it was widely accepted and remains an ideal form of providing the public with kedushat shevi’it produce (see Responsa Mishnat Yosef 3:40). The modern day Otzar Beit Din is disputed even during the current shemitah year. Rav Mordechai Gross Shlit”a, one of the OU Poskim supports the Otzar Beit Din solution and allows the distribution of such produce. It should be noted that Otzar Beit Din is a complex system which requires trained and experienced Rabbis and organizations to preform it properly. As such, the OU recommends only consuming Otzar Beit Din which has been reviewed and approved by Rabbanim of the highest caliber (see Sde Mordechai p.685-681, Mevo Le’shevi’it 328-360).

Otzar Beit Din products can be found at special distribution depots in predominately religious cities. Such produce may also be found in large super market chains and is sold over the internet by various suppliers. Otzar Beit Din produce should have proper certification. When purchasing at a supermarket, the label or box should have the words Otzar Beit Din (תיב רצוא ןיד) or kedushat shevi’it (תיעיבש תשודק). When receiving shemitah wine from someone other than Otzar Beit Din one should consult with a rabbinical authority since there are many halachic issues involved.

Performing A Mitzvah With Shemitah Fruit

The Talmud Yerushalmi (Pesachim 10:1) discuss the issue of using shemitah Wine for the four cups of wine. The Gemara raises the issue as if there is a problem. Later authorities discuss what possible issues there might be in using such wine for the mitzvah of arba kosot. However, the Yerushalmi concludes that there is no issue using holy shemitah wine for the four cups.

The Ridba”z (Hagahot Al Peat Hashulchan 5:18) and others (see Eretz Vehilchoteha 7:1) rule that it is even preferable to use holy shemitah wine for the arba kosot since kedushat shevi’it produce is connected to a mitzvah, it should be consumed whenever possible, similar to bread used for an eruv that should be consumed (see Responsa Avnei Derech OH:141).

Rav Shmuel HaLevi Wosner is quoted regarding a case in which one has two types of food in front of him, one which has holy shemitah produce and the other which does not. Rav Wosner ruled that one is obligated to choose the shemitah food, since according to many authorities there is a mitzvah to consume kedushat shevi’it. Even according to those who disagree, there is no doubt that actively avoiding eating such food is not the manner in which one should treat holy shemitah produce (See MiBeit Halevi 6, p.176). Based on this if one has two types of wine, one with kedushat shevi’it and the other without, one should certainly choose the holy shemitah wine.

Biur On Shemitah Wine

The Torah commands that once a type of produce is not readily available in the field for animals meaning its been completely harvested we must preform an additional mitzvah with the produce which is called biur (see Torat

Kohanim 25:7). Authorities dispute whether biur is done by destroying the fruit or completely relinquishing ownership by putting in a public domain for anyone to take it. It is accepted by later authorities that relinquishing ownership is the accepted form of biur (see Shenot Eliyahu Shevi’it 9:2). Biur is done in the following fashion When the time comes for the biur, one should take out of his house the fruit left in his possession, bring three people and leave the fruit in front of them, and say: “Our brothers Beit Yisrael: everyone who needs to take can come and take.” It is now free for the taking, and he himself or any of the others present may take possession of it. If one can't take the fruit out of his house, he may bring three people into his house and make the food hefker in front of them. Even after biur has been done, the produce is still holy with kedushat shevi’it and the laws regarding holy produce still apply.

It is clear from early sources that the time for biur of grapes is Erev Pesach (the day before Pesach). In a case where someone has wine with kedushat shevi’it must he/ she perform biur and only then consume the wine or may it be consumed without biur. It would seem from certain authorities that if someone had only a few bottles wine biur is not required since biur is only required if someone has more than three meals worth of food that has kedushat shevi’it (see Torat Hasadei on Sde Mordechai, 108). On the other hand, the number of bottles requiring biur is not clear. Authorities dispute if biur is required in such a case as such one should advise with a competent halachic authority on whether biur is required. If biur was forgotten there is certainly room to be lenient and consume the holy shemitah wine (see Eretz Vehilchoteha ibid. All there is left to say is Lechaim!!

Acommon method of relinquishing ownership of chametz is to sell it, typically through an agent (a rabbi) to a non-Jew. The chametz remains in the house, in a closed-off area (e.g. a closet) that has been rented to its new owner. After Pesach, the rental period ends and the agent purchases the chametz back on behalf of the original owner.

This option is time-honored and halachically acceptable. Some, however, do not want to rely on such a sale for chametz that, on a Torah level, we are required to remove from our possession.

The Torah prohibition against owning chametz applies not only to obvious chametz such as bread, pretzels or cookies, but to any product that contains a chametz ingredient that constitutes a k’zayit within that

By Rabbi Gavriel Price

product. Licorice, for example, which contains a significant amount of flour in its dough, would not be sold according to this position but should, instead, be eaten before Pesach, burned, or otherwise destroyed. Such products are considered chametz gamur — “real” chametz.

If the food is only safek chametz (that is, there is some doubt as to whether it is chametz at all), it may be included in the sale even according to those individuals who avoid the sale of chametz gamur.

The foods listed in the chart on page 39 are identified either as chametz gamur and, according to the stringent position, should not be included in a sale, or “not chametz gamur,” and may be included in a sale.

Many people who avoid selling chametz gamur nonetheless have a family custom to sell their whiskey.

Because of global variations in raw material sourcing, this chart ONLY APPLIES TO PRODUCTS MANUFACTURED IN THE USA.

Product Status

Baker’s Yeast Not Chametz Gamur

Baking Powder Not Chametz Gamur

Baking Soda Not Chametz Gamur

Barley (Pearled) Not Chametz Gamur 1

Beer Chametz Gamur

Bourbon Chametz Gamur 2

Brewer’s Yeast Chametz Gamur

Cereals in which wheat, barley, oats, rye, or spelt are primary ingredients Chametz Gamur

Cereals in which wheat, barley, oats, rye, or spelt are secondary ingredients Chametz Gamur 3

Chocolate Not Chametz Gamur (provided there is no wafer or flour as an ingredient)

Corn Flakes Not Chametz Gamur 4

Cosmetics Not Chametz Gamur

Duck Sauce Not Chametz Gamur

Farfel Chametz Gamur

Flour Not Chametz Gamur 5

Flour (as an ingredient in processed food) Chametz Gamur 6

Gefilte Fish Chametz Gamur 3

Ice Cream Not Chametz Gamur (with the exception of Cookies & Cream)

Ices Not Chametz Gamur

Ketchup Not Chametz Gamur

Licorice Chametz Gamur 3

Maltodextrin Not Chametz Gamur

1. The processing of pearled barley is mechanical and does not require the use of water.

2. Follow family custom.

3. Some opinions hold that, even according to the stringent tradition of not selling chametz gamur, provided the chametz is not distinguishable in the product even if it is present at more than a k’zayit, it can be included in a sale (Rav Yosef Dov HaLevi Soloveitchik, quoted in Nefesh HaRav, page 177).

4. Although malt in corn flakes and crispy rice products is present at more than one-sixtieth of the product, in standard packaging the malt is less than one k’zayit of the package.

Product Status

Maltodextrin (non-GMO) Chametz Gamur 7

Matzah (not for Pesach) Chametz Gamur

Mayonnaise Not Chametz Gamur

Medications (Capsules, Pills, Tablets)

Not Chametz Gamur

Mouthwash Not Chametz Gamur

Mustard Not Chametz Gamur

Nutritional Yeast Not Chametz Gamur

Oats: Instant, Rolled Chametz Gamur

Oatmeal Chametz Gamur

Pasta Sauce Not Chametz Gamur

Popcorn Not Chametz Gamur

Potato Chips Not Chametz Gamur

Pickles Not Chametz Gamur

Probiotics Not Chametz Gamur

Rice Krispies Not Chametz Gamur 4

Rum Not Chametz Gamur

Salad Dressing Not Chametz Gamur

Scotch Chametz Gamur 2

Spelt Flour Not Chametz Gamur

Soy Sauce Chametz Gamur 8

Starch (also referred to as food starch) Not Chametz Gamur

Starch (non-GMO) Chametz Gamur 7

Tequila Not Chametz Gamur

Toothpaste Not Chametz Gamur

Vanilla Extract Not Chametz Gamur

Vinegar Not Chametz Gamur

Wheat Germ Not Chametz Gamur 9

Whip Toppings Not Chametz Gamur

5. Contemporary milling production renders flour only safek chametz and it can therefore be included in a sale.

6. Flour as an ingredient in processed food is typically exposed to some form of moisture and should be assumed to be chametz.

7. Typically, non-GMO starch and starch derivatives (like maltodextrin) are sourced from Europe, and should be assumed to be chametz

8. Wheat is used in traditional soy sauce production.

9. Wheat germ is a byproduct of the milling process; see footnote 3.