The  Basur  IS  Asur

 Chodosh and Yoshon

by Lori Polly

We all know that the concepts of Chodosh and Yoshon exist however we don’t know what is entailed in these Halachot. In our society not much is known about these two seemingly insignificant topics. Therefore it appears that they simmer subtly on the back burner and are ignored while “more important” issues are attended to first. In truth Chodosh and Yoshon are topics of great controversy to all the Rabbis. These arguments center around reading and deducing a number of passages in the Gemara.

Yoshon is the Hebrew word for old. In this case the term Yoshon is used to describe the “old” grain. What is Yoshon grain and why is it old? Grain becomes old if it has taken root before the holiday of Pesach.

Chodosh is the Hebrew word for new. In relation to this mitzvah, the chodosh grain is anything that has not taken root by the holiday of Pesach.

Why is Pesach the cut-off-point between when something is considered Chodosh or Yoshon? In Sefer Vayikra (23:14) it states (“You shall not eat bread or roasted kernels or plump kernels until this very day, until you bring the offering of your G-d; it is an eternal decree for your generations in all you dwelling places.”)

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“That very day” refers to the 16^th day of Nissan (the second day of Pesach). Rabbi Yehuda learned from Rabbi Akiva that we bring the Omer offering on Pesach because it is the holiday of the judgment of the grain crops. Hashem said “Bring before me an omer on Pesach so that your grain will be blessed.”

We can also learn about the mitzvah from the Sefer Hachinuch which explains chodosh by saying, because bread is a main staple of the human diet, it is only fitting that we first sanctify the new crop by bringing an Omer offering for Hashem before we are allowed to eat it.

The Torah writes “in all of your dwelling places…” Of course this is pertaining to The Land of Israel but what about the Diaspora? Must we in America also keep this mitzvah? This has been one of the long-standing debates between Rabbis.

The Journal of Halacha writes in its article on the subject of Chodosh about a Mishnah (Kiddushin 1) that documents a disagreement between a majority group of rabbis (who said that Chodosh did not apply outside the land of Israel) and Rabbi Elazar (who insisted that it did). A Talmudic debate followed the disagreement and illustrated the underlying principle. Although it says “in all your dwelling places” it should be taken to mean in the land of Israel after the conquering and division of the territory.

It is also an expressed opinion that, when these Halachot were originally decided on the rabbis feared that people would take Chodosh grain from Israel to the surrounding countries in Europe. So the Rabbis stretched the prohibition of chodosh grains from all the European lands as well. At the time no one thought that the Chodosh grain would be shipped across an ocean and taken to America. So the law against Chodosh grain is not in effect in America.

Another opinion states that, “in all your dwelling places” is not to be taken literally. Rather, the mitzvah applies to all grain grown in the land of Israel. Thus the prohibition is against eating any Chodosh grain from The Land of Israel even if it is removed from the land and eaten outside of Israel’s borders.

An additional approach to the issue at hand is whether Chodosh and Yoshon apply to land owned by a gentile. According to the RJJ journal (in the opinion of the Bach, it is based on a passage found in the Talmud Bavli.). If a gentile owns land in Israel then Chodosh applies, whereas a gentile’s produce outside the land of Israel is exempt from this commandment.

Today the Halachot of Chodosh and Yoshon are very disputable. No one is sure whether they must keep the prohibitions of Chodosh and Yoshon or if we are excused from the law. The Taz wrote, “We do see that the great majority of our sages are not careful about it. Therefore it seems to me that we must find merit in those who are lenient.” The Taz wanted to go with the more laid-back opinion, as did the author of the Shulchan Aruch.

            Despite the number of Halachic authorities who are “lenient” in the mitzvot of Chodosh and Yoshon, they have declared that the Halachot are still in place today. The article in the RJJ Journal writes “It is an undeniable fact that a greater number of Halachic authorities ruled that Chodosh does apply, in all times and in all places.” It is not a surprising thing, because, since ancient times these mitzvot have been a topic of debate. Though on this subject the Rabbis do not follow the same pattern as they usually do. The method of deciding things has always been, in the Talmud one person suggests his opinion of the Halacha and if the majority groups of rabbis agree then it becomes a law. If not, like in the aforementioned case of Rabbi Elazar, his point of view that the mitzvot of Chodosh and Yoshon don’t apply outside the land of Israel would be a minority view and not be accepted by the people. In the Mishnah of Orlah it is stated in black and white that Chodosh does apply.

To resolve the question of when Chodosh applies in America today, we would first have to find out on what date each crop is planted. If there is no possibility of Chodosh grain on the market then we need go no further. However, that is not the case and so we must keep searching. In addition to finding the date that the crops are planted we must also look at when the crops are harvested and when they are brought to the stores. This can get very tricky though. There are a number of difficulties along the way. Uncontrollable factors such as the weather and the fact that the Jewish calendar and the secular calendar don’t always overlap cause tricky situations in the determining of the grain.

Chodosh and Yoshon apply to the five grains: Spelt, Barley, Wheat, Oats and Rye. Wheat causes many concerns of its own (because there are a variety of wheats being planted at different times during the year). While spring wheat is almost always Chodosh, winter wheat is quite the opposite and is always Yoshon. Rye is never an issue because it is a winter crop and is therefore always Yoshon. Oats and Barley grown in the United States are always Chodosh.