Halachot and Customs
Regarding Fruits and Vegetables Purchased from Non-Jews
Question
Hello, there are various halachot regarding fruits and vegetables, such as orlah and the Sabbatical year and more. So what is the law regarding purchasing fruits and vegetables from non-Jews, for example from the territories?
Thank you in advance
Answer
Greetings,
The prohibition of orlah applies even to fruits of non-Jews. However, outside of Eretz Yisrael it is permitted to buy fruits, even from a Jew, even if there is a possibility that they are orlah, because a doubtful case of orlah outside of Eretz Yisrael is permitted (Shulchan Aruch, Yoreh Deah, siman 294, seif 9).
And even in Eretz Yisrael - according to the view of HaGaon Rav Ovadia Yosef zt"l - it is permitted to buy fruits in the markets, since most of the fruits that reach there are not orlah (Responsa Yabia Omer, volume 6, Yoreh Deah, siman 24).
And regarding shemittah - it is well known that the great authorities of the world disagreed whether fruits and vegetables of non-Jews have kedushat sheviit. The view of Rabbeinu Yosef Karo zt"l in Responsa Avkat Rochel (siman 24) is that they do not have kedushat sheviit, whereas the view of Rabbeinu Moshe of Trani zt"l in Responsa the Mabit, part 1 (siman 21), is that they do have kedushat sheviit.
In practice, the custom of the Sephardim is that fruits and vegetables of non-Jews do not have kedushat sheviit (Responsa Yabia Omer, volume 10, Yoreh Deah, siman 42), and so too is the custom of most Ashkenazim. However, those who follow the rulings of Maran the Chazon Ish zt"l treat them as having kedushat sheviit (Chazon Ish, Sheviit, siman 20, subparagraph 7).
And regarding terumot and maasrot - fruits and vegetables that grew in land owned by a non-Jew, even in Eretz Yisrael, and their processing was completed by him (meaning that he also did all the harvesting and gathering), are exempt from terumot and maasrot (Shulchan Aruch, Yoreh Deah, siman 331, seif 4), and outside of Eretz Yisrael even fruits and vegetables that grew with a Jew are exempt from terumot and maasrot (there, seif 1).
With blessings,
Hillel Meirs

