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12 Tishrei 5764 - October 8, 2003 | Mordecai Plaut, director Published Weekly
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NEWS
Concern Over Orloh in Citrus Fruits in Coming Years
by S. Yisraeli

According to a recent report in financial daily Globes, the citrus-fruit industry is enjoying an upswing after years of inactivity. This summer 350,000 citrus trees will be planted on 6,000 dunams (1,500 acres) of land in the Northern Negev and in the Sharon Region. The Director- General of the Council for Citrus-Fruit Marketing said planting was made possible in the Sharon through increased water supplies provided by large new sewage-recycling and desalination plants.

Two types of seedlings are being planted. Some orchards will produce citrus fruits intended for local and import sales, planting varieties in demand in Israel and abroad. Other orchards will grow fruit for industry, particularly Valencia and Jaffa oranges. The renewed planting follows financing agreements between the major manufacturers in the citrus industry and citrus-growing companies. Under the agreements, financial assistance from manufacturers such as Gan Shmuel and Gat will be reimbursed when the first crops are delivered.

The reports on the planting of hundreds of thousands of seedlings raise concerns among bnei Torah of large- scale orloh problems in the coming years. To clarify the issue we spoke with HaRav Yosef Efrati, head of the Beis Medrash LeHalochoh BeHisyashvus HeChakla'is.

HaRav Efrati explains that the development of modern agricultural methods has brought a wide range of new questions. Previously people had little cause for concern since the majority of trees do not produce fruit within three years anyway. Therefore in Teshuvos HaRadvaz we find that in the Tzfat of his generation the question of orloh only arises regarding grapes because even under natural conditions grapevines can yield fruit in less than three years.

However, in modern agricultural growers use the "two-year seedling," which is raised for 1-2 years in a nursery and then sold to farmers who plant it in their fields. From an agricultural standpoint such a tree can yield fruit in less than three years since it already spent two years growing in a nursery, but from a halachic standpoint the orloh count starts over again the moment it is uprooted and replanted elsewhere. Therefore fruit from trees just one or two years old according to halochoh could reach the store shelves.

Yated Ne'eman: Does this mean all seedlings of this kind create a problem of orloh prohibitions?

HaRav Efrati: Not always. With the encouragement and guidance of maranan verabonon shlita, led by Maran HaRav Yosef Sholom Eliashiv, shlita, many activities were pursued by the members of the Institute and the Beis Midrash to eradicate the bane of orloh around the country, so today more and more farmers transplant the seedlings differently, in a way that prevents orloh prohibitions according to the majority of poskim.

A seedling raised in a nursery is transported in a perforated pot along with the clump of earth in which it was grown. It is thus shipped to the orchard [with the clump of earth] intact. In such cases the subsequent orloh years can be calculated according to the original planting. But it should be stressed that although the Chief Rabbinate kashrus committees and the regular kashrus certifiers rely on this heter, it should not be relied upon for kashrus lemehadrin since in such a case Maran the Chazon Ish zt'l had doubts whether the separation of the seedling and the clump of earth for several hours--during which it is transported to the orchard on a metal truck bed that acts as a chatzitzoh--means the orloh count must start from the beginning. Yet this is merely a sofek and some say the Chazon Ish concludes lekuloh. But for kashrus lemehadrin there is no room for uncertainty.

Y.N.: What percentage of orloh is found today in summer fruits?

HaRav Efrati: In Halichos Sodeh (the official journal of the Beis Medrash LeHalochoh BeHisyashvus HeChakla'is) and other publications we publish the orloh figures gathered by the Institute from across the country. By the way, many people must have noticed that the orloh figures for the summer of 5763 are relatively low, showing a decrease in the percentage of orloh. The reason for this is two years ago was a Shmittah year and after the big polemics on the heter mechirah arose, many farmers were concerned that the religious and chareidi sectors would not purchase fruit from trees planted that year, which also increased awareness of orloh concerns, so they completely refrained from planting that year. Nevertheless we must continue to instruct the chareidi public to buy only at places under supervision. Most orloh fruit makes its way to the market not under supervision.

And again it should be emphasized that there is a difference between activities undertaken to save the klal, under the guidance of our rabbonim, and kashrus lemehadrin, where fruits that carry the Chazon Ish's sofek should be avoided. The lemehadrin kashrus committees should systematically check to ensure fruits under their supervision do not have even the possibility that two-year seedlings were transported with clumps of earth in perforated pots.

Y.N.: What is the practice followed by the Jerusalem Rabbinate's Department for Mitzvos Eretz Yisroel and by the Center for Torah-Based Agriculture also under their auspices for food products bearing a lemehadrin label?

HaRav Efrati: Clearly in kashrus lemehadrin the supervision should be to avoid the slightest suspicion, even according to the doubt the Chazon Ish had.

Y.N.: If so why do you make such concerted efforts to ensure farmers at least maintain the practice of transplanting in perforated pots with the earth intact?

HaRav Efrati: As we said above, according to the instructions we received from gedolei Yisroel we must act to save "ha'am shebasodos" from orloh prohibitions. We have to ensure that when a housewife in Ashkelon or Afula goes to the local grocery store she, too, is spared from issur orloh as much as we can. The Institute's publications are intended for the general public, to inform them with which varieties of fruit one must beware of the dangers of orloh prohibitions. This is how we save ha'am shebasodos from transgressing prohibitions.

Meanwhile, with regard to kashrus lemehadrin, we must supply produce that is not under any sefeikos or sheilos, therefore we are careful to avoid fruits that are kosher, but not lemehadrin--and hopefully all of the mehadrin hechsherim do the same.

This can be illustrated with a parable. Imagine an isolated place where it was impossible to obtain glatt meat without any sheilos, but the meat available is halachically kosher and the traditional Jews in the area are satisfied with it. It goes without saying that even if we insist on eating only glatt meat we still have an obligation to ensure that the regular meat is produced through proper shechitoh, even if it is not lemehadrin. Meat produced through unsupervised shechitoh there is totally treif. This is for the sake of the locals who keep kosher, to save them from ma'acholos asuros.

At the same time the mehadrin kashrus maintains numerous hiddurim and chumros in order to provide the chareidi sector with glatt meat that adheres to all the hiddurim.

Y.N.: In conclusion, what is the practical meaning of the recent reports on large-scale planting of citrus trees?

Rav Efrati: Again, a distinction must be made between regular kashrus and mehadrin kashrus. With regular kashrus our hope is that through concerted efforts most of the orloh prohibitions will be prevented since most of the nurseries have converted to the system of transporting seedlings with clumps of earth in perforated pots in order to meet the regular kashrus requirements, and we should be pleased that the masses of Jews are saved from the michshol. But at the mehadrin kashrus committees, there will have to be more oversight of citrus fruits to ensure there are also no concerns based on the Chazon Ish's sofek.

We must act in the area of mitzvos Ha'aretz in two ways. One, to save acheinu Beis Yisroel from tevel and orloh prohibitions, and two, to encourage mehadrin kashrus figures, operating under the guidance of maranan verabonon shlita, in their task of bringing produce free of any doubts to the tables of yirei Hashem.

 

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