In recent weeks the otzar beis din headed by HaRav
Nissim Karelitz and the otzar beis din headed by HaRav
Yosef Efrati have begun distributing a wide range of summer
fruits with kedushas shevi'is. Payment is not made for
the fruits themselves, but for expenses that the beis
din incurred in growing the fruits and distributing them
(e.g. transport, refrigeration, distribution points, etc.).
As a result prices may remain uniform until the end of the
season; if the beis din finds most of the costs have already
been covered prices will be lowered.
Last week, thanks to the brochoh that has graced
orchards run by the Kashrus Lemehadrin otzar beis din,
large amounts of apricots were given out at no cost because
the outlays for the entire apricot crop had already been
covered.
According to Maran HaRav Eliashiv shlita, under no
condition may the beis din charge more than standard market
prices. Since the primary aim of the otzar beis din is
to provide fruits to the public, if the prices are higher
than regular market prices the public can claim "letikunei
shadartich velo le'ivusi."
Otzar beis din work got started months before the
Shmittah year even began. At various fields and orchards the
otzar beis din hired the owner to serve as its
shaliach by overseeing the cultivation of the crops.
This arrangement is based on a directive by the Chazon Ish
zt"l permitting the otzar beis din to select
the owner himself as its shaliach, noting that this
may be the best setup since the farmer is the person best
acquainted with his orchard and its needs.
The farmer is paid for the work he does both before and
during the Shmittah year, carefully following the beis
din's instructions to avoid any concerns the land is
worked in a prohibited manner.
According to Maran HaRav Eliashiv shlita, distribution
points can be set within stores since the task of the
otzar beis din is to ensure the produce reaches the
public in the most convenient way possible, but there must be
a clear indication the produce is being made available
through the otzar beis din and has kedushas
shevi'is and is not part of the regular merchandise.
Where possible the beis din tries to provide the
fruits without weighing them in order to depart from the
regular manner of commerce, but as the Chazon Ish wrote that
in situations where this is not an option the otzar beis
din may weigh the produce.
Otzar beis din produce must be used in the standard
manner. If a given fruit or vegetable is normally eaten raw
it cannot be cooked, etc., and any leftovers that are
suitable for human consumption or as feed for animals or fowl
should be placed in a special bin until rotten.
After distributing apricots for free, Kashrus Lemehadrin
printed notices saying that since the time for dispossessing
the fruit may have already arrived (onas habi'ur
misofek) their advice is to have intention not to take
possession of the apricots or to render them hefker on
a daily basis and then eat them.
