Seen on a wine bottle [I kid you not]:
ללא חשש שביעית וערלה - With no concern for shmitta and foreskin.
Monday, February 2, 2015
Concepts In Shmitta
RabbiKaganoff.com
Basic laws of the land
In parshas Behar, the Torah (Vayikra 25:1-7) teaches that every seventh year is shemittah. We are prohibited from plowing, planting or working the land of Eretz Yisroel in any way and must leave our land fallow. It is even prohibited to have a gentile work a Jew’s land (Avodah Zarah 15b), just as one may not hire a gentile to do work on Shabbos that a Jew may not do. The owner of a field or orchard must treat whatever grows on his land as ownerless, allowing others to enter his field or orchard to pick, without charge, as much as their families can use. The landowner, himself, also may pick as much as his family will eat (see Rambam, Hilchos Shemittah 4:1).
The landowner should make sure that others know that they may help themselves to the produce. One may not sell the produce that does grow on its own in a business manner.
Kedushas shevi’is
The Torah declared vehoysa shabbas ha’aretz lochem le’ochlah, “the produce of the shemittah should be used only for food” (Vayikra 25:6), thereby imbuing the fruits and vegetables that grow in shemittah year with special sanctity, called kedushas shevi’is. There are many ramifications of this status. The produce that grows during shemittah year should be used only for consumption and eaten (or drunk) only in the usual way. For example, one may not cook foods that are usually eaten raw, nor may one eat raw produce that is usually cooked (Yerushalmi, Shevi’is 8:2; Rambam, Hilchos Shevi’is 5:3). One may not eat raw shemittah potatoes, nor may one cook shemittah cucumbers or oranges. It would certainly be prohibited to use shemittah corn for gasohol or any other form of biofuel.
Contemporary authorities dispute whether one may add shemittah orange or apricot to a recipe for roast or cake. Even though the fruit adds taste to the roast or cake, many poskim prohibit this cooking or baking, since these types of fruit are usually eaten raw (Shu’t Mishpat Cohen #85). Others permit this, if it is a usual way of eating these fruits (Mishpetei Aretz page 172, footnote 10).
Similarly, juicing vegetables and most kinds of fruit is considered “ruining” the shemittah produce and prohibited, although one may press grapes, olives and lemons, since the juice and oil of these fruits are considered superior to the fruit itself. Many contemporary authorities permit pressing oranges and grapefruits, provided one treats the remaining pulp with kedushas shevi’is. Even these authorities prohibit juicing most other fruit, such as apples and pears (Minchas Shelomoh, Shevi’is pg. 185).
Food and not feed
One may feed shemittah produce to animals only when it is not fit for human consumption, such as peels and seeds that people do not usually eat (Rambam, Hilchos Shemittah 5:5). Last shemittah, a neighbor of mine, or perhaps his turtle, had a problem: The turtle is fond of lettuce, and won’t eat grass. One may feed animals grass that grew during shemittah, but one may not feed it lettuce that grew in Israel during shemittah.
Jewish consumption
Shemittah produce is meant for Jewish consumption; one may not give or sell kedushas shevi’is produce to a gentile, although one may invite a gentile to join you at a meal that includes shemittah food (Rambam, Hilchos Shemittah 5:13 as explained by Mahari Korkos).
Don’t destroy edibles
One may not actively destroy shemittah produce suitable for human consumption. Therefore, one who has excess shevi’is produce may not trash it in the usual way.
Although some authorities rule that there is a mitzvah to eat shemittah produce, most contend that there is no obligation to eat shemittah food – rather, the Torah permits us to eat it (Chazon Ish, Hilchos Shevi’is 14:10).
Peels that are commonly eaten, such as apple, still have kedushas shevi’is and may not simply be disposed of. Instead, we place these peels in a plastic bag and then place the bag in a small bin or box called a pach shevi’is, where it remains until the food is inedible. When it decomposes to this extent, one may dispose of the shemittah produce in the regular garbage.
Why is this so?
Once the shemittah produce can no longer be eaten, it loses its kedushas shevi’is. Although the concept that decay eliminates sanctity seems unusual, this is only because we are unfamiliar with the many mitzvos to which this principle applies. There are several other mitzvos where, in theory, this rule applies – meaning that the items have kedushah that governs how they may be consumed, but once they are no longer edible, this kedushah disappears. Examples of this rule are terumah, challah, bikkurim, revai’i and maaser sheini. However, we cannot observe the halachos relevant to these mitzvos, since these items of kedushah cannot be consumed by someone who is tamei (Rambam, Hilchos Terumos Chapter 11; Hilchos Maaser Sheini 3:11). This explains why most people are unfamiliar with the rules of kedushas shevi’is.
When eating shemittah food, one need not be concerned about the remaining bits stuck to a pot or an adult’s plate that one usually just washes off; one may wash these pots and plates without concern that one is destroying shemittah produce. However, the larger amounts left behind by children, or leftovers that people might save should not be disposed in the garbage, but should be scraped into the pach shevi’is.
Issur sechorah – commercial use
One may not harvest the produce of one’s field or tree in order to sell it in commercial quantities or in a business manner (Tosefta, Shevi’is 5:7; Rambam, Hilchos Shemittah 6:1). For example, shemittah produce may not be sold by weight or measure (Mishnah, Shevi’is 8:3), nor sold in a regular store (Yerushalmi, Shevi’is 7:1).
Tefisas damim
If one trades or sells shemittah produce, the food or money received in exchange becomes imbued with kedushas shevi’is. This means that the money should be used only to purchase food that will itself now have the laws of shemittah produce, as we mentioned above. The original produce also maintains its kedushas shevi’is (Sukkah 40b).
Havla’ah
At this point, we must discuss a very misunderstood concept called havla’ah, which means that one includes the price of one item with another. The Gemara (Sukkah 39a) describes using havla’ah to “purchase” an esrog that has shemittah sanctity, without the money received becoming sanctified with kedushas shevi’is. For example, Reuven wants to buy an esrog from Shimon; however, Shimon does not want the money he receives to have kedushas shevi’is. Can he avoid this occurring?
Yes, he can. If Shimon sells Reuven two items at the same time, one that has kedushas shevi’is and the other that does not, he should sell him the item that does not have kedushas shevi’is at a high price, and the kedushas shevi’is accompanies it as a gift. This is permitted, even though everyone realizes that this is a means of avoiding imbuing the sales money with kedushas shevi’is.
Shamur and ne’evad
According to many (and perhaps most) rishonim, if a farmer did not allow people to pick from his fields, the shemittah produce that grew there becomes prohibited (see Ra’avad and Ba’al Hama’or to Sukkah 39a). Similarly, many authorities prohibit consuming produce that was tended in a way that violated the agricultural laws of shemittah (Ramban, Yevamos 122a). This produce is called ne’evad.
Shemittah exports
The Mishnah (Shevi’is 6:5) prohibits exporting shemittah produce outside Eretz Yisroel. Some recognized authorities specifically permit exporting shemittah wine and esrogim, although the rationales permitting this are beyond the scope of this article (Beis Ridbaz 5:18; Tzitz Hakodesh, Volume 1 #15:4). This approach is the basic halachic reason to permit the export of esrogim that grow during shemittah this year for Sukkos, 5776. (The esrogim for this past Sukkos should all have been from the pre-shemittah crop and not involve any shemittah concerns.)
Sefichin
What are sefichin? Sefichin is a term referring to annual produce that grew during the shemittah year. Min hatorah, produce that grew by itself without anyone working the field during shemittah is permitted. Unfortunately, even in the days of Chazal, one could find unscrupulous farmers who would plant grain or vegetables during shemittah year and then market them as produce that grew on its own. So that these farmers not benefit from their sins, Chazal forbade all grains and vegetables, even those that grew on their own — a prohibition called sefichin. Sefichin are treated as non-kosher food, even requiring one to kasher the equipment in which they were cooked!
There are several exceptions to this rule. One is that produce of a non-Jew’s field is not prohibited as sefichin. Another exception is that perennials that do not require planting every year are not included in the prohibition of sefichin. Although trees and other perennials definitely thrive when pruned and cared for, most will produce even if left unattended for a year, and the farmer has less incentive to violate shemittah by tending his trees.
Thus, tree fruits, nuts, strawberries and bananas do not involve the prohibition of sefichin. (If they grew in a field whose owner was not observing shemittah, they might involve the prohibition of shamur.)
Biur shevi’is
At this point in our discussion, we need to explain the concept of biur shevi’is. The word biur literally means elimination, as in biur chometz, which refers to the eradication of chometz performed each year before Pesach. One of the laws that applies to shemittah produce is that once a specific species is no longer available in the field, one can no longer keep shemittah produce from that species in one’s possession. At this point, one must perform a procedure called biur shevi’is. Although there is a dispute among the rishonim as to the exact definition and requirements of biur shevi’is, we rule that it means declaring ownerless (hefker) any shemittah produce in one’s possession (Ramban, Vayikra 25:7; cf. Rashi, Pesachim 52b s.v. mishum and Rambam, Hilchos Shemittah 7:3 for alternative approaches.) For example, let us say that someone picked shemittah apricots and canned them as jam. (We should note that, according to many authorities this is not permitted to be done with shemittah apricots.) When no more apricots are available in the field, he must take the remaining jam and declare it hefker in the presence of three people (Yerushalmi, Shevi’is 9:5). One may do this in front of three close friends who will probably not take the jam after my declaration; it is sufficient that they have the right to take possession. If someone fails to perform biur, the shemittah produce becomes prohibited.
Heter mechirah
Probably the most controversial issue in contemporary shemittah observance is that of heter mechirah, a dispute that goes back to the earliest days of the modern settlement of Israel, over 130 years ago. Heter mechirah means that the farmer sold his land to a gentile, who is not required to observe shemittah. Since a gentile now owns the land, the gentile may farm the land, sell its produce, and make a profit. The poskim dispute whether a Jew may work land owned by a gentile during shemittah (Tosafos, Gittin 62a s.v. ayn odrin, prohibits; whereas Rashi, Sanhedrin 26a s.v. agiston, permits). Even among those authorities who permit heter mechirah, most do not permit Jews to work their fields. Today, most chareidi authorities will not permit relying on heter mechirah or use of heter mechirah produce.
Some contemporary poskim prohibit the use of heter mechirah tree fruit on the basis that since heter mechirah is invalid, the fruit is considered shamur and therefore forbidden. Other poskim permit the fruit, because they rule that the forbidden working of an orchard or treating it as private property does not prohibit its fruit (see Shu’t Igros Moshe, Orach Chayim 1:186). Thus, even if one does not consider the heter mechirah to be valid, according to many, the fruit is still permitted, but must be treated with kedushas shevi’is.
Otzar beis din
What is an otzar beis din? Literally, the words means “a storehouse operated by beis din.” Why would a beis din be operating a storehouse? Did they need to impound so much merchandise while doing litigation? No, let me explain.
As mentioned above, the owner of an orchard may not harvest his produce for sale, and he must allow individuals to help themselves to what their family may use. But what about people who live far from the orchard? How will they utilize their right to pick shemittah fruit?
Enter the otzar beis din to help! The beis din represents the public interest by hiring people to pick and transport the produce to a distribution center near the consumer. Obviously, no one expects the pickers, sorters, truckers, and other laborers to work as unpaid volunteers; they are also entitled to earn a living. Similarly, the managers who coordinate this project are also entitled to an appropriate wage for their efforts. Furthermore, there is no reason why beis din cannot hire the owner of the orchard to supervise this massive project, paying him a wage appropriate to his significant skills and experience in knowing how to manage this operation. This is all legitimate use of an otzar beis din.
Who pays for otzar beis din services? The otzar beis din divides its costs among the consumers. The charges to the user should reflect the actual expenses incurred in bringing the products to the consumers, and may not include any profit for the finished product (Minchas Shelomoh, Shevi’is 9:8 pg. 250). Thus, otzar beis din products should cost less than regular retail prices for the same items, since there should be no profit margin. (See Yerushalmi, Shevi’is 8:3 that shevi’is produce should be less expensive than regular produce.)
Please note that all the halachos of kedushas shevi’is apply to otzar beis din produce. Also note that acquiring from an otzar beis din is not really “purchasing,” since you are not buying the fruit, but receiving a distribution – your payment is exclusively to defray operating costs. Therefore, the money paid for otzar beis din produce does not have kedushas shevi’is, because it is compensation for expenses and not in exchange for the shemittah fruit (Minchas Shelomoh, Shevi’is 9:8 pg. 250).
Produce still in the possession of an otzar beis din at the time of biur is exempt from biur, declaring it hefker. The reason is that this product is still without an owner – the otzar beis din is a distribution center, not an owner. However, produce originally distributed through an otzar beis din and now in private possession must be declared hefker. This is so even if the fruit is the possession of someone other than the farmer in whose field the produce grew.
Heter otzar beis din
The modern term “Heter otzar beis din” is used pejoratively. The purpose of an otzar beis din is to service the consumer, not the producer, as I explained above. Unfortunately, unscrupulous individuals sometimes manipulate the rubric of otzar beis din to allow a “business as usual” attitude and violate both the spirit and the halachah of shemittah. If the farmer is operating with a true otzar beis din, he will allow people to enter his field and help themselves to the produce. If he bars people, then he is violating the basic laws of shemittah and his produce distribution is not according to otzar beis din principles. Similarly, if the field owner treats the produce as completely his own and charges accordingly, this contradicts the meaning of otzar beis din. These cases are disparagingly referred to as heter otzar beis din; meaning they reflect abuse of the concept of otzar beis din.
Conclusion
Just as observing the seventh day, Shabbos, demonstrates our belief in the Creator, so, too, observing every seventh year as shemittah demonstrates this faith. For someone living in Eretz Yisroel, observing shemittah properly involves assuming much halachic responsibility and education. For the modern farmer, observing shemittah can, indeed, be true mesiras nefesh, since among the many other concerns that he has, he also risks losing customers who have been purchasing his products for years. For example, a farmer may be selling his crop somewhere in Europe. If he informs his buyer that he cannot produce during shemittah, he risks losing the customer in the future.
Of course, a Jew realizes that Hashem provides parnasah and that observing a mitzvah will never hurt anyone. An observant farmer obeys the Torah dictates, knowing that Hashem attends to all his needs. Indeed, recent shmittos have each had numerous miracles rewarding observant farmers in this world for their halachic diligence. Who can possibly imagine what reward awaits them in Olam Haba!
Those living in chutz la’aretz should be aware of the halachos of shevi’is and identify with this demonstration that the Ribbono Shel Olam created the world in six days, and that the seventh year is holy. In addition, they should realize that much shemittah produce is exported from Israel, in violation of the halachah. It is necessary to check fresh fruit and vegetables, to see that they are not shemittah produce, and, additionally, one should be careful regarding canned goods. By being careful to assure that he is not using any shemittah produce, the Jew abroad takes part in the mitzvah!
Basic laws of the land
In parshas Behar, the Torah (Vayikra 25:1-7) teaches that every seventh year is shemittah. We are prohibited from plowing, planting or working the land of Eretz Yisroel in any way and must leave our land fallow. It is even prohibited to have a gentile work a Jew’s land (Avodah Zarah 15b), just as one may not hire a gentile to do work on Shabbos that a Jew may not do. The owner of a field or orchard must treat whatever grows on his land as ownerless, allowing others to enter his field or orchard to pick, without charge, as much as their families can use. The landowner, himself, also may pick as much as his family will eat (see Rambam, Hilchos Shemittah 4:1).
The landowner should make sure that others know that they may help themselves to the produce. One may not sell the produce that does grow on its own in a business manner.
Kedushas shevi’is
The Torah declared vehoysa shabbas ha’aretz lochem le’ochlah, “the produce of the shemittah should be used only for food” (Vayikra 25:6), thereby imbuing the fruits and vegetables that grow in shemittah year with special sanctity, called kedushas shevi’is. There are many ramifications of this status. The produce that grows during shemittah year should be used only for consumption and eaten (or drunk) only in the usual way. For example, one may not cook foods that are usually eaten raw, nor may one eat raw produce that is usually cooked (Yerushalmi, Shevi’is 8:2; Rambam, Hilchos Shevi’is 5:3). One may not eat raw shemittah potatoes, nor may one cook shemittah cucumbers or oranges. It would certainly be prohibited to use shemittah corn for gasohol or any other form of biofuel.
Contemporary authorities dispute whether one may add shemittah orange or apricot to a recipe for roast or cake. Even though the fruit adds taste to the roast or cake, many poskim prohibit this cooking or baking, since these types of fruit are usually eaten raw (Shu’t Mishpat Cohen #85). Others permit this, if it is a usual way of eating these fruits (Mishpetei Aretz page 172, footnote 10).
Similarly, juicing vegetables and most kinds of fruit is considered “ruining” the shemittah produce and prohibited, although one may press grapes, olives and lemons, since the juice and oil of these fruits are considered superior to the fruit itself. Many contemporary authorities permit pressing oranges and grapefruits, provided one treats the remaining pulp with kedushas shevi’is. Even these authorities prohibit juicing most other fruit, such as apples and pears (Minchas Shelomoh, Shevi’is pg. 185).
Food and not feed
One may feed shemittah produce to animals only when it is not fit for human consumption, such as peels and seeds that people do not usually eat (Rambam, Hilchos Shemittah 5:5). Last shemittah, a neighbor of mine, or perhaps his turtle, had a problem: The turtle is fond of lettuce, and won’t eat grass. One may feed animals grass that grew during shemittah, but one may not feed it lettuce that grew in Israel during shemittah.
Jewish consumption
Shemittah produce is meant for Jewish consumption; one may not give or sell kedushas shevi’is produce to a gentile, although one may invite a gentile to join you at a meal that includes shemittah food (Rambam, Hilchos Shemittah 5:13 as explained by Mahari Korkos).
Don’t destroy edibles
One may not actively destroy shemittah produce suitable for human consumption. Therefore, one who has excess shevi’is produce may not trash it in the usual way.
Although some authorities rule that there is a mitzvah to eat shemittah produce, most contend that there is no obligation to eat shemittah food – rather, the Torah permits us to eat it (Chazon Ish, Hilchos Shevi’is 14:10).
Peels that are commonly eaten, such as apple, still have kedushas shevi’is and may not simply be disposed of. Instead, we place these peels in a plastic bag and then place the bag in a small bin or box called a pach shevi’is, where it remains until the food is inedible. When it decomposes to this extent, one may dispose of the shemittah produce in the regular garbage.
Why is this so?
Once the shemittah produce can no longer be eaten, it loses its kedushas shevi’is. Although the concept that decay eliminates sanctity seems unusual, this is only because we are unfamiliar with the many mitzvos to which this principle applies. There are several other mitzvos where, in theory, this rule applies – meaning that the items have kedushah that governs how they may be consumed, but once they are no longer edible, this kedushah disappears. Examples of this rule are terumah, challah, bikkurim, revai’i and maaser sheini. However, we cannot observe the halachos relevant to these mitzvos, since these items of kedushah cannot be consumed by someone who is tamei (Rambam, Hilchos Terumos Chapter 11; Hilchos Maaser Sheini 3:11). This explains why most people are unfamiliar with the rules of kedushas shevi’is.
When eating shemittah food, one need not be concerned about the remaining bits stuck to a pot or an adult’s plate that one usually just washes off; one may wash these pots and plates without concern that one is destroying shemittah produce. However, the larger amounts left behind by children, or leftovers that people might save should not be disposed in the garbage, but should be scraped into the pach shevi’is.
Issur sechorah – commercial use
One may not harvest the produce of one’s field or tree in order to sell it in commercial quantities or in a business manner (Tosefta, Shevi’is 5:7; Rambam, Hilchos Shemittah 6:1). For example, shemittah produce may not be sold by weight or measure (Mishnah, Shevi’is 8:3), nor sold in a regular store (Yerushalmi, Shevi’is 7:1).
Tefisas damim
If one trades or sells shemittah produce, the food or money received in exchange becomes imbued with kedushas shevi’is. This means that the money should be used only to purchase food that will itself now have the laws of shemittah produce, as we mentioned above. The original produce also maintains its kedushas shevi’is (Sukkah 40b).
Havla’ah
At this point, we must discuss a very misunderstood concept called havla’ah, which means that one includes the price of one item with another. The Gemara (Sukkah 39a) describes using havla’ah to “purchase” an esrog that has shemittah sanctity, without the money received becoming sanctified with kedushas shevi’is. For example, Reuven wants to buy an esrog from Shimon; however, Shimon does not want the money he receives to have kedushas shevi’is. Can he avoid this occurring?
Yes, he can. If Shimon sells Reuven two items at the same time, one that has kedushas shevi’is and the other that does not, he should sell him the item that does not have kedushas shevi’is at a high price, and the kedushas shevi’is accompanies it as a gift. This is permitted, even though everyone realizes that this is a means of avoiding imbuing the sales money with kedushas shevi’is.
Shamur and ne’evad
According to many (and perhaps most) rishonim, if a farmer did not allow people to pick from his fields, the shemittah produce that grew there becomes prohibited (see Ra’avad and Ba’al Hama’or to Sukkah 39a). Similarly, many authorities prohibit consuming produce that was tended in a way that violated the agricultural laws of shemittah (Ramban, Yevamos 122a). This produce is called ne’evad.
Shemittah exports
The Mishnah (Shevi’is 6:5) prohibits exporting shemittah produce outside Eretz Yisroel. Some recognized authorities specifically permit exporting shemittah wine and esrogim, although the rationales permitting this are beyond the scope of this article (Beis Ridbaz 5:18; Tzitz Hakodesh, Volume 1 #15:4). This approach is the basic halachic reason to permit the export of esrogim that grow during shemittah this year for Sukkos, 5776. (The esrogim for this past Sukkos should all have been from the pre-shemittah crop and not involve any shemittah concerns.)
Sefichin
What are sefichin? Sefichin is a term referring to annual produce that grew during the shemittah year. Min hatorah, produce that grew by itself without anyone working the field during shemittah is permitted. Unfortunately, even in the days of Chazal, one could find unscrupulous farmers who would plant grain or vegetables during shemittah year and then market them as produce that grew on its own. So that these farmers not benefit from their sins, Chazal forbade all grains and vegetables, even those that grew on their own — a prohibition called sefichin. Sefichin are treated as non-kosher food, even requiring one to kasher the equipment in which they were cooked!
There are several exceptions to this rule. One is that produce of a non-Jew’s field is not prohibited as sefichin. Another exception is that perennials that do not require planting every year are not included in the prohibition of sefichin. Although trees and other perennials definitely thrive when pruned and cared for, most will produce even if left unattended for a year, and the farmer has less incentive to violate shemittah by tending his trees.
Thus, tree fruits, nuts, strawberries and bananas do not involve the prohibition of sefichin. (If they grew in a field whose owner was not observing shemittah, they might involve the prohibition of shamur.)
Biur shevi’is
At this point in our discussion, we need to explain the concept of biur shevi’is. The word biur literally means elimination, as in biur chometz, which refers to the eradication of chometz performed each year before Pesach. One of the laws that applies to shemittah produce is that once a specific species is no longer available in the field, one can no longer keep shemittah produce from that species in one’s possession. At this point, one must perform a procedure called biur shevi’is. Although there is a dispute among the rishonim as to the exact definition and requirements of biur shevi’is, we rule that it means declaring ownerless (hefker) any shemittah produce in one’s possession (Ramban, Vayikra 25:7; cf. Rashi, Pesachim 52b s.v. mishum and Rambam, Hilchos Shemittah 7:3 for alternative approaches.) For example, let us say that someone picked shemittah apricots and canned them as jam. (We should note that, according to many authorities this is not permitted to be done with shemittah apricots.) When no more apricots are available in the field, he must take the remaining jam and declare it hefker in the presence of three people (Yerushalmi, Shevi’is 9:5). One may do this in front of three close friends who will probably not take the jam after my declaration; it is sufficient that they have the right to take possession. If someone fails to perform biur, the shemittah produce becomes prohibited.
Heter mechirah
Probably the most controversial issue in contemporary shemittah observance is that of heter mechirah, a dispute that goes back to the earliest days of the modern settlement of Israel, over 130 years ago. Heter mechirah means that the farmer sold his land to a gentile, who is not required to observe shemittah. Since a gentile now owns the land, the gentile may farm the land, sell its produce, and make a profit. The poskim dispute whether a Jew may work land owned by a gentile during shemittah (Tosafos, Gittin 62a s.v. ayn odrin, prohibits; whereas Rashi, Sanhedrin 26a s.v. agiston, permits). Even among those authorities who permit heter mechirah, most do not permit Jews to work their fields. Today, most chareidi authorities will not permit relying on heter mechirah or use of heter mechirah produce.
Some contemporary poskim prohibit the use of heter mechirah tree fruit on the basis that since heter mechirah is invalid, the fruit is considered shamur and therefore forbidden. Other poskim permit the fruit, because they rule that the forbidden working of an orchard or treating it as private property does not prohibit its fruit (see Shu’t Igros Moshe, Orach Chayim 1:186). Thus, even if one does not consider the heter mechirah to be valid, according to many, the fruit is still permitted, but must be treated with kedushas shevi’is.
Otzar beis din
What is an otzar beis din? Literally, the words means “a storehouse operated by beis din.” Why would a beis din be operating a storehouse? Did they need to impound so much merchandise while doing litigation? No, let me explain.
As mentioned above, the owner of an orchard may not harvest his produce for sale, and he must allow individuals to help themselves to what their family may use. But what about people who live far from the orchard? How will they utilize their right to pick shemittah fruit?
Enter the otzar beis din to help! The beis din represents the public interest by hiring people to pick and transport the produce to a distribution center near the consumer. Obviously, no one expects the pickers, sorters, truckers, and other laborers to work as unpaid volunteers; they are also entitled to earn a living. Similarly, the managers who coordinate this project are also entitled to an appropriate wage for their efforts. Furthermore, there is no reason why beis din cannot hire the owner of the orchard to supervise this massive project, paying him a wage appropriate to his significant skills and experience in knowing how to manage this operation. This is all legitimate use of an otzar beis din.
Who pays for otzar beis din services? The otzar beis din divides its costs among the consumers. The charges to the user should reflect the actual expenses incurred in bringing the products to the consumers, and may not include any profit for the finished product (Minchas Shelomoh, Shevi’is 9:8 pg. 250). Thus, otzar beis din products should cost less than regular retail prices for the same items, since there should be no profit margin. (See Yerushalmi, Shevi’is 8:3 that shevi’is produce should be less expensive than regular produce.)
Please note that all the halachos of kedushas shevi’is apply to otzar beis din produce. Also note that acquiring from an otzar beis din is not really “purchasing,” since you are not buying the fruit, but receiving a distribution – your payment is exclusively to defray operating costs. Therefore, the money paid for otzar beis din produce does not have kedushas shevi’is, because it is compensation for expenses and not in exchange for the shemittah fruit (Minchas Shelomoh, Shevi’is 9:8 pg. 250).
Produce still in the possession of an otzar beis din at the time of biur is exempt from biur, declaring it hefker. The reason is that this product is still without an owner – the otzar beis din is a distribution center, not an owner. However, produce originally distributed through an otzar beis din and now in private possession must be declared hefker. This is so even if the fruit is the possession of someone other than the farmer in whose field the produce grew.
Heter otzar beis din
The modern term “Heter otzar beis din” is used pejoratively. The purpose of an otzar beis din is to service the consumer, not the producer, as I explained above. Unfortunately, unscrupulous individuals sometimes manipulate the rubric of otzar beis din to allow a “business as usual” attitude and violate both the spirit and the halachah of shemittah. If the farmer is operating with a true otzar beis din, he will allow people to enter his field and help themselves to the produce. If he bars people, then he is violating the basic laws of shemittah and his produce distribution is not according to otzar beis din principles. Similarly, if the field owner treats the produce as completely his own and charges accordingly, this contradicts the meaning of otzar beis din. These cases are disparagingly referred to as heter otzar beis din; meaning they reflect abuse of the concept of otzar beis din.
Conclusion
Just as observing the seventh day, Shabbos, demonstrates our belief in the Creator, so, too, observing every seventh year as shemittah demonstrates this faith. For someone living in Eretz Yisroel, observing shemittah properly involves assuming much halachic responsibility and education. For the modern farmer, observing shemittah can, indeed, be true mesiras nefesh, since among the many other concerns that he has, he also risks losing customers who have been purchasing his products for years. For example, a farmer may be selling his crop somewhere in Europe. If he informs his buyer that he cannot produce during shemittah, he risks losing the customer in the future.
Of course, a Jew realizes that Hashem provides parnasah and that observing a mitzvah will never hurt anyone. An observant farmer obeys the Torah dictates, knowing that Hashem attends to all his needs. Indeed, recent shmittos have each had numerous miracles rewarding observant farmers in this world for their halachic diligence. Who can possibly imagine what reward awaits them in Olam Haba!
Those living in chutz la’aretz should be aware of the halachos of shevi’is and identify with this demonstration that the Ribbono Shel Olam created the world in six days, and that the seventh year is holy. In addition, they should realize that much shemittah produce is exported from Israel, in violation of the halachah. It is necessary to check fresh fruit and vegetables, to see that they are not shemittah produce, and, additionally, one should be careful regarding canned goods. By being careful to assure that he is not using any shemittah produce, the Jew abroad takes part in the mitzvah!
Super Links For Serious Jews
The din of yachlokoo according to Sumchos.
The sugya of Migoo li-hotzi.
What did Rav Kook think of the Chofetz Chaim, his Rebbi the Netziv, and the famous Lord [Balfour that is].
ALMOST 30 SHOPPING DAYS BEFORE PURIM!!!
Rav Asher Shlita on using Torah and psukim to heal.
Rav Asher Shlita on Bracha She-aina Tzricha and other germane topics.
The sugya of Migoo li-hotzi.
What did Rav Kook think of the Chofetz Chaim, his Rebbi the Netziv, and the famous Lord [Balfour that is].
ALMOST 30 SHOPPING DAYS BEFORE PURIM!!!
Rav Asher Shlita on using Torah and psukim to heal.
Rav Asher Shlita on Bracha She-aina Tzricha and other germane topics.
Ich Bin Du!
During the three days spent in the presence of 90-something Holocaust survivors earlier this week, I did my my best to spend quality time with as many of them as possible, trying to figure out what allowed them to wake up each morning amid the sub-human conditions and backbreaking labor.
It was fascinating to notice how each one of them had an "elevator pitch" -- a short, unique response to that question, even though, truth be told, it often took 10-15 minutes until they expressed it.
One woman spoke of her mother's final words to her as she left the ghetto for the work camp -- that she must survive so their entire family won't get wiped out. Another mentioned that he swore to himself that he would one day testify against his oppressors. He memorized every minute detail for years, and upon liberation testified at the trials of 14 SS members.
A moment that will remain etched in my mind forever, took place as we walked under the infamous, iconic, "Arbeit Macht Frei" sign at the entrance to Auschwitz Camp #1. A Polish survivor, who was deported in 1939 and one of the most soft-spoken people in the group, squared his shoulders, stood ramrod straight, and said, "Rudolf (Höss; commandant of Auschwitz concentration camp); Ich bin du!!" (I am here!!).
He then broke down completely and said he had waited seventy years to say that. I suspect it was more like 76 years.
Yakov Horowitz
It was fascinating to notice how each one of them had an "elevator pitch" -- a short, unique response to that question, even though, truth be told, it often took 10-15 minutes until they expressed it.
One woman spoke of her mother's final words to her as she left the ghetto for the work camp -- that she must survive so their entire family won't get wiped out. Another mentioned that he swore to himself that he would one day testify against his oppressors. He memorized every minute detail for years, and upon liberation testified at the trials of 14 SS members.
A moment that will remain etched in my mind forever, took place as we walked under the infamous, iconic, "Arbeit Macht Frei" sign at the entrance to Auschwitz Camp #1. A Polish survivor, who was deported in 1939 and one of the most soft-spoken people in the group, squared his shoulders, stood ramrod straight, and said, "Rudolf (Höss; commandant of Auschwitz concentration camp); Ich bin du!!" (I am here!!).
He then broke down completely and said he had waited seventy years to say that. I suspect it was more like 76 years.
Yakov Horowitz
Renegade Chasidim [With Two Important Links Towards The End]
There is a growing phenomenon of religious people, even adults, going off the derech. How widespread is this phenomenon? There is no way to know. But it is safe to say that probably over 98 percent of all adults remain religious [with young people there is a higher dropout rate]. The problem is that the 98 percent don't write books in English about how they are still frum and how wonderful it is for them to have shabbos and yom tov and a stable family life etc. etc. The very-very vocal extreme minority writes books and gives interviews and gets a lot of great press. They openly and candidly talk about their terrible lives in their restrictive communities. One of the favorite topics is their physically intimate relationships with their former spouses. S-- sells. [That is why just about every movie and novel has some.] That will get tens of thousands of hits on you-tube while let us say a rosh yeshiva's complex explanation on whether מיגו להוציא אמרינן will get about 3 and a half. I GUARANTEE that there is faaaar more intellectual depth in what the rosh yeshiva is saying than what this renegade is saying but the world delights in the salacious and scandalous. A meshune-dike yetzer hara people have. We live in a generation that is characterized more than anything perhaps than by it's superficiality and lack of desire to toil in matters of the profundities of life and existence. Most people I know are not only superficial in their theology but in their level of self-awareness as well. It is frightening to see how little people understand about themselves. And of course the two are related. To delve into one's soul is to delve into G-dliness [kviyachol]. Today everything is about MONEY-MONEY-MONEY and the things it can buy. Matters of the spirit are relegated to an occasional visit to a shiva home. Sometimes not even that.
צירוק צו אונזער רייד:). I have not heard about any of these people's deep theological searches that led them off the path. I have also not heard what their solution to the mystery of the world is. It is all a big accident?? Science itself admits that the odds of this world being an accident are much much less than the odds of me swallowing all off the water in the world's oceans in the next 18 seconds and then turning into a giraffe who starts giving a lecture in astro-physics. So what is the meaning of life?
Many of them don't really care. They are emotionally wounded and just want to be happy. They hope that throwing off the shackles of religion will help them reach their goal. I have yet to read of one who has been successful in this quest [although such a person may exist]. They are usually miserable, some commit suicide, others need many years of therapy. They lose their families, friends and the warmth and camaraderie afforded by a religious lifestyle that the secular world doesn't provide. OK - now they can watch TV on Friday night unfettered by any restrictions. Is that a recipe for happiness?? No. So what are they left with? Broken lives. It is actually quite sad.
I wonder. How many of these people studied the Kuzari with someone who understands it? How many of them read Rav Soloveitchiks philosophical essays? How many read the Sefer Ha-Ikarim of Rav Yosef Albo?? What about the Maharal who discusses matters of faith at length? Rav Hirsch was one of the great Jewish philosophers of the 19th century. What about him? And have I forgotten Rav Kook who dealt with most questions that bother people in an open fashion. How can I skip the maamarim of the Alter Rebbe who elevates his students to the upper worlds and reveals the secrets of creation?!
It is axiomatic that NONE of them ever pursued an in depth study of these books. So how does one risk losing his ETERNAL BLISS [there is CERTAINLY no heavenly reward for leading a hedonistic lifestyle] because he had a bad father or crazy mother? I for one am convinced that it is more emotional than anything else. Some say that they had questions. There has not yet been a question that doesn't have at least one but usually numerous answers. There has not yet been even ONE proof offered against the existence of G-d. Not one.
And once they reject the tradition what do they NOW believe??! Are all of their questions suddenly answered. Ah yes. There was one molecule. BOOOOOM!! It turned into a huge chulent. Then that chulent produced single celled organisms which eventually went to a Rov and converted to being monkeys. These monkeys got tired of eating bananas all day in the zoo [w/o wi-fi] so they evolved themselves into the most complex organism in the universe called a human being. So ingenious!!:-).
How did the first molecule get there? Hmmmmm. Well, they might say, we don't have the answers to EVERYTHING. One day we will discover the answers. PER-FECT!! Use the same logic for your questions on the Torah. Study everything you can and what you don't understand you eventually will. I promise:-).
The news sites give these people far more attention than they deserve. If you ask me - better spend your time deepening your faith than read about these nebuchs with broken lives. For me, reading about them actually strengthens my faith. I see how empty a person's life becomes when he abandons Torah. As one thinker [not from our group:-)] put it - "When man abandons G-d, G-d is not alone, man is".
Here is a beautiful essay that I would teach the world if I could on faith and doubt.
This and others like it. I sadly only have the limited forum of a few thousand people who come to the blog but maybe one day. I want to start a revolution of faith but can't do it alone. In the meantime I will suffice with this. If Hashem is kind and keeps providing me and my family with bread I hope to continue. If He doesn't [we have bitachon that He will but we always remember that Hashem doesn't work for us and does as He sees fit in His infinite wisdom] then I hope someone else takes the baton [so to speak] and spreads "gadlus ha-emuna" to the world. Not the watered-down-twitter-level-superficial-feel-good-no-obligation-man-type-of-emuna that is so prevalent and pervasive.
וצדיק באמונתו יחיה - All of a tzadik's chiyus and life-force stem from his faith.
צירוק צו אונזער רייד:). I have not heard about any of these people's deep theological searches that led them off the path. I have also not heard what their solution to the mystery of the world is. It is all a big accident?? Science itself admits that the odds of this world being an accident are much much less than the odds of me swallowing all off the water in the world's oceans in the next 18 seconds and then turning into a giraffe who starts giving a lecture in astro-physics. So what is the meaning of life?
Many of them don't really care. They are emotionally wounded and just want to be happy. They hope that throwing off the shackles of religion will help them reach their goal. I have yet to read of one who has been successful in this quest [although such a person may exist]. They are usually miserable, some commit suicide, others need many years of therapy. They lose their families, friends and the warmth and camaraderie afforded by a religious lifestyle that the secular world doesn't provide. OK - now they can watch TV on Friday night unfettered by any restrictions. Is that a recipe for happiness?? No. So what are they left with? Broken lives. It is actually quite sad.
I wonder. How many of these people studied the Kuzari with someone who understands it? How many of them read Rav Soloveitchiks philosophical essays? How many read the Sefer Ha-Ikarim of Rav Yosef Albo?? What about the Maharal who discusses matters of faith at length? Rav Hirsch was one of the great Jewish philosophers of the 19th century. What about him? And have I forgotten Rav Kook who dealt with most questions that bother people in an open fashion. How can I skip the maamarim of the Alter Rebbe who elevates his students to the upper worlds and reveals the secrets of creation?!
It is axiomatic that NONE of them ever pursued an in depth study of these books. So how does one risk losing his ETERNAL BLISS [there is CERTAINLY no heavenly reward for leading a hedonistic lifestyle] because he had a bad father or crazy mother? I for one am convinced that it is more emotional than anything else. Some say that they had questions. There has not yet been a question that doesn't have at least one but usually numerous answers. There has not yet been even ONE proof offered against the existence of G-d. Not one.
And once they reject the tradition what do they NOW believe??! Are all of their questions suddenly answered. Ah yes. There was one molecule. BOOOOOM!! It turned into a huge chulent. Then that chulent produced single celled organisms which eventually went to a Rov and converted to being monkeys. These monkeys got tired of eating bananas all day in the zoo [w/o wi-fi] so they evolved themselves into the most complex organism in the universe called a human being. So ingenious!!:-).
How did the first molecule get there? Hmmmmm. Well, they might say, we don't have the answers to EVERYTHING. One day we will discover the answers. PER-FECT!! Use the same logic for your questions on the Torah. Study everything you can and what you don't understand you eventually will. I promise:-).
The news sites give these people far more attention than they deserve. If you ask me - better spend your time deepening your faith than read about these nebuchs with broken lives. For me, reading about them actually strengthens my faith. I see how empty a person's life becomes when he abandons Torah. As one thinker [not from our group:-)] put it - "When man abandons G-d, G-d is not alone, man is".
Here is a beautiful essay that I would teach the world if I could on faith and doubt.
This and others like it. I sadly only have the limited forum of a few thousand people who come to the blog but maybe one day. I want to start a revolution of faith but can't do it alone. In the meantime I will suffice with this. If Hashem is kind and keeps providing me and my family with bread I hope to continue. If He doesn't [we have bitachon that He will but we always remember that Hashem doesn't work for us and does as He sees fit in His infinite wisdom] then I hope someone else takes the baton [so to speak] and spreads "gadlus ha-emuna" to the world. Not the watered-down-twitter-level-superficial-feel-good-no-obligation-man-type-of-emuna that is so prevalent and pervasive.
וצדיק באמונתו יחיה - All of a tzadik's chiyus and life-force stem from his faith.
Lechem Mishna
In Parashas Beshalach, we encounter the double portion of manna that descended on Friday, in honor of the coming Shabbos: “It came to pass on Friday, that the people gathered a double portion of bread” (Shemos 16:25).
In commemoration of the double portion of manna that fell in honor of Shabbos, Chazal write that there is an obligation of beginning the Shabbos meals with lechem mishneh, two loaves of bread. The Gemara thus states: “Rabbi Ami taught: On Shabbos a person must take two loaves of bread. What is the reason? Because the verse writes ‘lechem mishneh.’”
In this article we will discuss the laws and customs of lechem mishneh at the Shabbos table. Though superficially simple, the mitzvah includes more details and issues than meets the eye.
Torah or Rabbinic Obligation
Based on the Talmudic sources mentioned above, the Shulchan Aruch (Orach Chaim 274:1, and Rema, Orach Chaim 291:4) rule that there is an obligation of lechem mishneh, beginning the Shabbos meals with two loaves of bread.
Authorities dispute whether the practice of lechem mishneh is a Torah obligation, or a rabbinic obligation. The Aruch Ha-Shulchan (274:1) writes that the Talmudic derivation from the verse is a true derashah, and the obligation is therefore Torah-mandated. This is also the opinion of the Taz (Orach Chaim 678:2), and some other poskim (see Chasam Sofer, Orach Chaim no. 46).
However, other authorities write that the obligation is rabbinic in nature, as the Eliyahu Rabba (291:1) cites from the Maharil (see also Magen Avraham 254:23). The Peri Megadim (Mishbetzos Zahav 291) writes that the entire obligation of eating the Shabbos meals is rabbinic, and this will seemingly imply that the obligation of lechem mishneh, which is part of the meal, is also rabbinic.
One way or the other, it is important to realize that the concept of lechem mishneh is a full obligation, and not only a hiddur or ‘proper practice.’
Obligation of Women
The Mishnah Berurah (274:1) writes that even women are obligated in the mitzvah of lechem mishneh, explaining that even they participated in the miracle of the manna in the wilderness. The use of this rationale suggests that the mitzvah is only of rabbinic nature, for Tosafos (Pesachim 108b) and others state that the rationale does not apply to Torah mitzvos.
The source for the rationale of women having partaken of the miraculous manna is Rabbeinu Tam (Shabbos 117b), who explains that this is the reason why women are obligated in the mitzvah.
The Ran (ibid.) questions the use of this rationale, and explains that there is a simpler reason why women are obligated in lechem mishneh: With regard to the laws of Shabbos, women have the same halachic status as men for all intents and purposes, including lechem mishneh. This rationale is mentioned by the Aruch Ha-Shulchan (274:4).
In contrast with these opinions, Shut Ha-Elef Lecha Shlomo actually writes that women are not obligated in lechem mishneh, explaining that both of the rationales mentioned above do not apply.
The fact that women participated in the miracle of the manna is not significant, he explains, because lechem mishneh does not commemorate the miracle per se, but only the double portion that fell on Friday. As for the equivalence between men and women for purposes of Shabbos, for positive mitzvos this equivalence is limited to Kiddush, and does not apply to other aspects of Shabbos.
By means of his explanations, Shut Ha-Elef Lecha Shlomo wishes to justify the custom whereby women are not particular about this mitzvah. The principle halachah, however, follows the rishonim and acharonim who write that women are fully obligated.
How a Household Fulfills the Mitzvah
The ordinary custom is that only the ba’al ha-bayis has two loaves of bread in front of him. How do others members of the household (or guests) fulfill the mitzvah?
The Aruch Ha-Shulchan (274:4) writes that “those who are particular” ensure that all members of the household are present at the time that the ba’al ha-bayis recites the berachah over the challos, thereby ensuring that all fulfill the mitzvah (he makes special mention of the need to wait for women to be present). By being yotzei with the ba’al ha-bayis, the household also fulfill the obligation of lechem mishneh.
The Mishnah Berurah (274:3) likewise writes that it is “proper conduct” to follow this method.
Yet, the expressions “those who are particular” and “proper conduct” possibly indicate that even if members of the household are not present at the time the berachah is made, they still fulfill the mitzvah of lechem mishneh.
A possible explanation for this is that the mitzvah of lechem mishneh is not a personal obligation, but rather defines the form of the Shabbos meal: The Shabbos meal must begin with lechem mishneh. Those who participate in the meal, even if they are absent at the time the berachah is made, fulfill the mitzvah.
A similar approach is mentioned by Shut Divrei Yatziv (Orach Chaim no. 126), who wishes to justify the common custom among Hassidic Admorim, who do not wait for their wives before beginning the meal.
He explains that the ba’al ha-bayis does not act as a halachic ‘envoy’ of others, and there is no need for him to fulfill the obligation on their behalf. Rather, the mitzvah is that the meal should be ‘founded’ on lechem mishneh, and the beginning of the meal with two loaves fulfills the obligation for all participants.
The principle halachah, however, follows the rulings of the poskim above, and the ba’al ha-bayis should therefore ensure that all are present before reciting the berachah on the bread.
Whole or Broken Challos
The two loaves of bread or challah should be complete and whole (Orach Chaim 274:1). However, even if there is a deep cut or fissure in the challah, it is still considered whole, providing that when one raises the loaf from its weaker end the loaf does not break into two (Magen Avraham 167:5).
The bread is considered whole even if part of it is burnt (Mishnah Berurah 274:2). Moreover, even if a small part of the loaf (up to less than 1/48 of the entire challah) broke off, some rule that it can still be considered ‘whole,’ though others assert that even such minimal damage is sufficient to deny the loaf of the ‘whole’ status (see Aruch Ha-Shulchan 274:5).
There are several additional halachos concerning the wholeness of the challos (such as: joining together a loaf that was broken in two; the required size of whole challos; making an incision into the challos before reciting the berachah), which are not discussed in this article.
An interesting opinion, however, which is worthy of note in the specific context of lechem mishneh, is the ruling of the Netziv in Shut Meishiv Davar (no. 21). The Netziv was asked to justify the custom of his grandfather, Rav ‘Itzaleh of Volozin, who used to give two pieces of challah to latecomers at the meal, rather than give them whole loaves. How was the mitzvah fulfilled with slices or pieces of bread?
The Netziv explains that the mitzvah can, in fact, be fulfilled with slices of bread, provided that they were not sliced or cut in front of the person making the berachah. ‘Wholeness,’ according to the Netziv, is a relative virtue: If I receive a sliced of bread, the slice is considered ‘whole’ until it is cut further.
Other poskim (see Shut Harerei Kedem Vol. 2, no. 89) have not accepted the chiddush of the Netziv, and it should not generally be relied on. Yet, the Minchas Yitzchak (Vol. 3, no. 13) writes that somebody making Kiddush on cake can rely on this ruling, in reciting the berachah over two slices of cake.
Certainly, where there is no whole loaf available, one may and must fulfill the mitzvah with two broken pieces of challah (Aruch Ha-Shulchan 274:5)
Which Challos are Cut?
The Rema (Orach Chaim 274:1) writes that one should cut the bottom challah on Friday night, whereas on Shabbos day one should cut the top challah. This ruling is in line with the ruling of the Shulchan Aruch (ibid.), who writes that only one of the two challos need to be cut, and there is no requirement to cut both.
However, the Mishnah Berurah (174:4) cites from a number of poskim who were careful to cut both challos, and this is also the ruling of the Vilna Gaon. Yet, he adds that the common custom follows the ruling of the Shulchan Aruch, and the Aruch Ha-Shulchan writes that this is certainly the principle halachic ruling.
Note that when cutting the bottom challah on Friday night, the Taz writes that one should hold the bottom challah closer to oneself than the top challah, in order to avoid violating the prohibition of ein ma’avirin al ha-mitzvos (circumventing a mitzvah item for an alternative item). This ruling is cited by the Mishnah Berurah (274:5).
Yet, the Aruch Ha-Shulchan (274:6) rules that this practice is unnecessary, because ein ma’avirin al ha-mitzvos only presents a problem when one intends to use both items for the performance of a mitzvah. When the intention is to use only one of them, the issue does not arise.
Lechem Mishneh for Cake
The Kitzur Shulchan Aruch (77:17) rules that even somebody who makes Kiddush on cake must fulfill the mitzvah of lechem mishneh, which is achieved by making the berachah on two cakes or crackers.
However, this is not the common custom, and several poskim note that the obligation applies only to bread (see Orchos Chaim 289:5; Da’as Torah 274:1). Shut Minchas Yitzchak (3:13) adds that taking two whole cakes would be considered yuharah (haughty practice), and suggests that one can rely on the above-mentioned ruling of the Netziv, whereby slices can also be considered ‘whole.’
Based on the possibility raised above, whereby lechem mishneh is a halachah in the definition of the meal, and not a personal obligation, it follows that the mitzvah applies only to a full meal, and not to eating cake.
Summary
- The mitzvah of lechem mishneh—beginning the Shabbos meals with two loaves of bread (or challah)—means to commemorate the double portion of manna that fell in honor of Shabbos.
- The obligation is incumbent on men and women alike. To ensure that all fulfill the mitzvah, the ba’al ha-bayis, should wait until all members of the household have washed and are ready to eat, before making the berachah of the challos. Some justify the custom, which is found among Hassidic Admorim, of not waiting.
- The two challos must be whole. If whole loaves are not available, two slices should be used, ensuring that the slices are not cut further in front of the person making the berachah.
- According to the principle halachah, and the common custom, only one of the two challos must to be cut. Some are particular to cut both challos, based on the ruling of the Vilna Gaon and others.
- For somebody making Kiddush on cake, there is no obligation of lechem mishneh.
Skipping Brachos
If one is reciting birkas hamazon and accidently skipped out וְעַל הַכּל and רַחֶם נָא and only realized after concluding the bracha of בּוֹנֵה בְרַחֲמָיו, (although didn’t start the next bracha), can they go back to וְעַל הַכּל?
Yes, you would have to go back to Ve’al Ha’kol, and to say Boneh Yerushalayim again.
Although the Aruch HaShulchan (188) discusses the question of changing the order of the berachos in Birkas HaMazon, and writes that the order is not me’akev, Shut Tzitz Eliezer (13:16) cites from many authorities that the order of the berachos is essential and me’akev, so that you would have to return to the Ve’al Ha’kol and continue from there.
dinonline.org
Answer:
Yes, you would have to go back to Ve’al Ha’kol, and to say Boneh Yerushalayim again.
Sources:
Although the Aruch HaShulchan (188) discusses the question of changing the order of the berachos in Birkas HaMazon, and writes that the order is not me’akev, Shut Tzitz Eliezer (13:16) cites from many authorities that the order of the berachos is essential and me’akev, so that you would have to return to the Ve’al Ha’kol and continue from there.
dinonline.org
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