Otzar Beis Din - Exports
Q. I have seen boxes of esrogim that are marked otzar beis din. Are otzar beis din fruit permitted to be sold outside of Israel?
A. Fruit that have kedushas shemita may not be taken outside of Israel. If so, why are otzar beis din esrogim exported to America and around the world? Poskim have proposed a number of justifications to export esrogim to the diaspora. The Ridvaz writes that according to many Rishonim, Israeli fruit may not be exported on a shemitah year because the mitzvah of biur for fruits with kedushas shevi’is must be performed in Israel. (Biur shevi’is is a mitzvah to declare fruit ownerless in front of three people at the end of the harvest season of each particular item. Afterword’s, the fruit can be repossessed.) The Ridvaz suggests that this mitzvah does not apply to esrogim, because esrogim are on the tree all year and the season never ends. He also writes that according to some, the reason the fruit must remain in Eretz Yisroel is so that the fruit be eaten b’kedusha. However, since there are more esrogim in Eretz Yisroel than are needed, if they are not exported, the extra esrogim will remain on the trees and rot. Therefore, there is no reason to not export esrogim.
Rav Pinchas Epstein zt”l (cited in Mishnas Yosef 2:26) writes that the prohibition of exporting esrogim does not apply to otzar bais din fruit. (His explanation is beyond the scope of this article.)
The Maharil Diskin says that the removal of the fruit from Israel should be done by non-Jews. Others are lenient provided the esrog will be sent back to Israel after Sukkos (see Tzitz Hakodesh 1:15).
Although there is much discussion as to whether one may export esrogim from Israel, all agree that once they were brought out, even if this was done improperly, the esrogim remain kosher and may be used for the mitzvah.
____________________________________________________
The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.