Consuming Israeli Fruit During Shemitta Without Separating Terumah and Maaser

May I currently purchase and consume Israeli fruit, such as clementines, without separating Terumah and Maaser?

In theory, fruit which grew or blossomed during a shemitah year is exempt from Terumah and Maaser because shemitah fruit is hefker (ownerless). Most Israeli fruit currently available in the market (Spring – Summer 2016) blossomed during the shemitah year, and separating Terumah and Maaser should be unnecessary. However, in practice, Terumah and Maaser must be separated, if the fruit is not properly certified, for the following reason.

The Chief Rabbinate of Israel sells the farms in Israel to non-Jews to remove the shemitah status. This is known as the Heter Mechira. For over 150 years, a strong debate has been waged among poskim about the propriety and efficacy of selling farmland to non-Jews.

If the Mechira is valid, then the fruit does not have a shemitah status, and Terumah and Maaser must be separated. If the Mechira is invalid, separating Terumah and Maaser is not required. Nonetheless, in practice, Rav Shlomo Zalman Auerbach (Minchas Shlomo 1:44) recommends that everyone should separate Terumah and Maaser. This is because even those who do not rely on the Mechira nevertheless treat it as an uncertainty. Since the Mechira may be effective, Terumah and Maaser must be separated mi’safek (as a possible obligation).

For the procedure to separate Terumah and Maaser, see https://oukosher.org/blog/consumer-kosher/separating-terumah-and-maaser/

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.