The  Basur  IS  Asur

 The Mitzvah Of Chodosh

By Shoshana Wrubel and Aviva Charlap

           In the times of the Beis Hamikdash, most Jews were farmers. Nowadays, however, the majority of Jews are no longer involved in agricultural pursuits. It would seem that the law of Chodosh, an agricultural-related Mitzvah, would no longer play a role in the average Jewish life, but in truth, it is a heavily debated and discussed topic with much Rabbinic attention. Many Rabbinic opinions clash drastically about whether on not Chodosh is a Mitzvah that should or should not be kept today. While some people, for example the Vilna Goan, criticized anyone who took the law of Chodosh lightly, others rejected this opinion. The Ramah, for instance, called Chodosh a “chumra be’almo,” an uncalled for strictness. In order to make our own decision about the level of importance of this Mitzvah, we must first understand what the Mitzvah of Chodosh really is, and then we can decide for ourselves how we think it should be kept.   

           In Vayikra 23:14, it states: “And bread or parched grain or fresh ears, you should not eat until the middle of that day, until you bring the sacrifice of your G-d.” When the Torah says “that day,” it is referring to the 16^th day of the month of Nissan (the first day of Chol Hamoed Pesach), which is the day that the Jews were commanded to bring the Karbon Omer, consisting of the first cutting of the new grain, in the Beis Hamikdash. Barley, the ripest of the five grains, was always used for the Karbon Omer, because the according to the Rambam, the Jews wanted to use the ripest of the grains for the Karbon. Once the Jews brought this Karbon, any grain that took root or was grown during the past year was allowed to be eaten. Until the Karbon was brought, however, it was forbidden to eat the new grain, called chodosh (new). Only grain from the year before, referred to as yashan (old), was allowed to be eaten.   

          Our sages and many prestigious Rabbaim have endlessly grappled with this seemingly simple commandment in the Torah. There are many issues to discuss and hopefully a better understanding of this timeless Mitzvah will be gained in the discussion over only eating Yashan nowadays.

            Now that there is no longer a Beis Hamikdash enabling us to bring the Karbon Omer, there are different opinions as to what time of day the new grain is considered Yashan, thus allowing us to eat it. The Gemara in Minachot 68a presents the different opinions. Rav Yochanan ben Zakai says that the new grain is not considered Yashan, and therefore not allowed to be eaten, the entire day of the 16^th of Nissan. Raish Lakish and Rav Yochanan support Rav Yochanan ben Zakai’s opinion. They explain that although in the time of the Beis Hamikdash, the new grain was permitted to be eaten as soon as the sun shone, people had to delay eating the grain until the Karbon Omer was brought. Therefore, Rav Yochanan ben Zakai’s purpose in not allowing one to eat the grain the entire day of the 16^th is to prevent confusion when the Beis Hamikdash is rebuilt. People will realize that they can’t eat the grain as soon as the sun shines, because they won’t be used to doing so. Rav Papa and Rav Huna ben Yehoshua ate the new grain beginning on the night of the 17^th of Nissan. They did this, because the law of Chodosh in the Diaspora is d’orayta, and Rav Yochanan ben Zakai’s opinion does not apply to the second day of Pesach chutz la’aretz. Ravina argues that since in chutz la’aretz an extra day is added to Yom Tov, and Chol Hamoed starts one day later than in Eretz Yisroel, one should wait until after the 17^th day of Nissan is completed before they eat the new grain.

              After learning this Gemara, one is faced with the question of whether or not the commandment of Yashan and Chodosh apply in the Diaspora. It seems like it only applies to grain grown in Eretz Yisroel. The Mishna in Kiddushin 36b says that all mitzvot teluyot ba’aretz are only applicable in Eretz Yisroel except for orla and kilayim. In the last Mishna in Orla, Rav Eliezer adds that Chodosh also fits into this category. He says that the pasuk in Vayikra that talks about Chodosh says that the mitzvah has to be kept in “moshvoteichem”- “your dwellings.” This means that Chodosh is forbidden to eat wherever Jews live and grow grain, including chutz la’aretz.  

             The Megan Avraham states that the laws of Chodosh chutz la’aretz are only d’rabanan, claiming that the word “moshvoteichem” does not refer to grains grown in other lands, rather to grain grown in Eretz Yisroel that was taken out of the country. Therefore, if someone has a doubt about a grain grown in chutz la’aretz, they would follow the more lenient opinion, since the law is considered d’rabanan. The Taz agrees with the Megan Avraham and comments that since people are not sure about when certain mishnayos were written relative to one another, one may accept the Mishna in Kiddushin, which does not include Chodosh as a law relevant outside of Eretz Yisroel, as law. Therefore, if a situation arose where it would be difficult to keep the law of Chodosh chutz la’aretz, one may accept the opinion that Chodosh does not apply outside of Eretz Yisroel. The only opinion brought in the Shulchan Oruch is that Chodosh is always assur mid’orayta, even if it was grown outside of Eretz Yisroel, and therefore, this is what the Sfardim hold by. The Ashkanazim, however, follow the opinion of the Bach, who says Chodosh does not apply chutz la’aretz, and have always been maikil when it comes to Chodosh grown in chutz la’aretz.

             Another question that arises when dealing with the issue of Chodosh is whether or not grain grown by non-Jews is considered Chodosh. Most of the Rishonim follow the opinion of the Tosafot, who derive their opinion from the Yerushalmi, which they understand to mean that Chodosh applies even to grain grown by non-Jews. The Rambam does not discuss grain grown by non-Jews at all, and the Radvaz says that the reason that the Rambam does not discuss it is because it is so clear that the law of Chodosh applies even with grain grown by non-Jews.

             The Bach, however, disagrees with the Tosafot, and according to him, the law of Chodosh does not apply to grain grown by non-Jews. He claims that the Tosafot, who base their opinion on the Yerushalmi, misread the Yerushalmi. In fact, he believes that the Yerushalmi never discusses grain grown by non-Jews whatsoever. According to the Bach, Chodosh only applies to grain grown by Jews. He proves his point by bringing a quote from Sefer Yehoshua 5:11, which says: “They ate from the grain of the land on the day after the Pesach offering, matzos and roasted grain, in the middle of this very day.”  Rashi says that “the Pesach offering” is referring to the Karbon Omer. He understands this to mean that the law of Chodosh is only relevant to grain grown by Jews.

             The Taz and the Shach discard the Bach’s opinion, and they say that the Bach misread the quote from Sefer Yehoshua just as the Bach claims that the Tosafot misread the Yerushalmi. It is the view of the majority that Chodosh does apply to grain grown by non-Jews, despite the Bach’s argument. However, nowadays most people are maikil when it comes to grain grown by non-Jews.               

             The law of Chodosh only applies to the five grains- wheat, oat, spelt, rye, and barley- and only to new crops. The only way to distinguish between the old and new crops is to know when hashrosho, the point in which the plant takes root, occurred. If the plant took root before the 16^th of Nissan, its considered Yashan, and it is permissible to eat. If the plant took root on the 16^th of Nissan or later, it is considered Chodosh, and it cannot be eaten until the following Pesach. While Rebbi Yehudah believes that hashrosho takes place three days after the crop was planted, most people pasken like Rebbi Yosi and Rebbi Shimon, who say that hashrosho takes place two weeks after planting.

              Spring crops refer to crops planted right around Pesach. If Pesach comes out late one year, and planting is early, these crops could take root before the 16^th of Nissan. They would be considered Yashan before they were harvested in the summer. Most of the spring crops grown in the United States, however, are usually planted so late that they do not take root until after the 15^th of Nissan, and they are therefore Chodosh by the time they are harvested in the summer. They only become permissible to eat by the following Pesach. Winter crops are planted in the fall, so hashrosho always takes place before the 16^th of Nissan, and they are always Yashan by the time they are harvested in the summer. Barley and oats in the United States are almost always spring crops, and are subject to the law of Chodosh. Spelt and rye are always winter crops, and they are therefore always Yashan.

            After learning about questions asked and arguments raised in reference to the Mitzvah of Chodosh, and whether or not it applies nowadays, we decided that it would be appropriate to ask our local Rabbis what their opinion about Chodosh is and whether or not they themselves think that Chodosh should be kept nowadays.

              Rabbi Ryback of Adas Israel in Passaic explained that the policy of the Kosher Supervising Agency in Eretz Yisroel is to insist on Yashan, and everyone keeps the Mitzvah. In order to get a hechsher for anything in Eretz Yisroel, the product is required to be Yashan. In chutz la’aretz, on the other hand, the Mitzvah of Chodosh is not enforced, and Kosher agencies, such as the Orthodox Union, do not insist on Yashan. Some people in America, however, do keep this Mitzvah. Rav Aron Salavachik, z”l, who was the supervisor of a Matzo company, made it his business to ensure that anything made in his bakery was Yashan.

             In the Passaic community, the Kosher bakery and the pizza shop both sell only Yashan products. However, other respectable bakeries, like Zomacks in the Five Towns, do not sell only Yashan products. While most stores do keep the Mitzvah, some do not. When asked if he keeps the Mitzvah himself, Rabbi Ryback said that he does not. He explained that it is the practice of most Ashkanazim to follow the opinion of the Bach, who maintains that the Mitzvah of Chodosh does not apply chutz la’aretz. Rabbi Ryback went on the say that most Chasidim are also not Machmir about Chodosh, because they are scared that Yashan products will contain bugs.        

             Rabbi Pruzansky of Congregation Bnei Yeshurin in Teaneck has similar views to Rabbi Ryback. He said that while there is a growing acceptance of the Mitzvah of Chodosh, the Ashkanazi community as a whole relies on shitot that we do not have to keep the Mitzvah outside of Eretz Yisroel. Although most Rishonim believe that Chodosh applies chutz la’aretz, Ashkanazim rely on the shitot of the minority, and therefore, Rabbi Pruzansky does not keep this Mitzvah. However, Rabbi Pruzansky believes that it will soon become the accepted thing that all bakeries will have to be Yashan, and that will eventually trickle down to the people themselves.