Enlightening the World One Halacha at a Time

May 6, 2008

Chodosh and Yoshon #2

Last week we began our discussion regarding the biblical requirement of Yoshon- only eating from grains that were rooted before the 16th of Nisan. Since, no one argues that this requirement exists- why have so few of us heard of it and why have so many us not kept it? There is great discussion by the rishonim and poskim in certain details of the mitzva that when combined together have led many including the Rama (the chief Ashkenazic Posek) to rule that it doesn't apply anymore. First off maybe this requirement is only if the grain is in Israel. We know that certain mitzvos, shmitta for example, only apply in Israel, perhaps some argue that Yoshon also only applies in Israel. This contention has one serious flaw though, the pasuk that mentions the requirement of Yoshon states that this rule applies "Bchol Moshvosechem" in all your cities. Why would the torah go out of its way to mention that this requirement applies in your all your cities, if not to include cities outside of Israel? Some answer, however, that this requirement merely extends the prohibition to the surrounding lands of Israel (Jordan, Syria, etc) and not to countries outside there. Second, maybe the requirement is only if the crop was grow by a Jew, like Shmittah again. Third, since most of our baked goods aren't home made and it is very difficult to verify that the producer (General Mills) is using yoshon, we can assume it is a Safek (doubt) whether the producer uses Yoshon or not. It should however be pointed out, as it was brought to my attention, that one should not rely on the assumption that "since it takes a while from the crop to be harvest till it gets to my table- it must be yoshon" for apparently it can take less than 3 months from the grain to go from ground to cereal bowl. Due to these doubts and arguments, the Rama rules that one can be lenient and rely on the principle of Safek Safeka- when you have two separate doubts in halacha you have the right to rule lenient. Many explain that the logic behind this is based off a Rov- Majority. Since we have two doubts the potential for doing wrong is only 25%. Thus there is a 75% of this item being ok. (I could explain this further but who wants a math lesson on shabbas). Here the two leniencies are 1. Maybe the requirement doesn't apply outside of Israel and 2. Maybe the requirement is only by produce of a Jew. In Israel, however, since these doubts do not exist- everyone agrees one must eat exclusively Yoshon- and this is verified by the many reliable Hechserim there.

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