Saving shemitah fruit for neighbors and grandchildren – winter 5783
Question
I have a grapefruit tree in my yard. At this point of the year (Tevet 5783), I pick the fruit, put it in a crate outside and write that it's free for the taking. I was wondering if I could set aside fruit for my neighbors, children, and grandchildren, or is that acting like I'm the owner of the fruit?
Answer
Shemitah fruit is supposed to be ownerless and available for all Jews. It is forbidden to harvest large quantities to give to specific people such as neighbors, adult children, and grandchildren since this demonstrates ownership.
It is halachically problematic to harvest fruit and distribute since this is what fruit owners do. Non-shemitah years this is precisely what tree owners do: they harvest and decide whom to give the fruit to. During the shemitah year, we are supposed to demonstrate that the fruit does not belong to us by providing access to all Jews.
There are, however, technical solutions to this issue.
After Rosh Chodesh Kislev, according to most opinions, it is no longer compulsory to allow others to access one's garden. It is possible to lock the garden and harvest a large quantity of fruit and bring it outside. The obligation of hefker is lesser during the eighth year than during shemitah itself.
The ideal solution is to harvest fruit and put it outside right before you know your neighbors, children, or grandchildren will visit. Then they will help themselves and enjoy the fruit when they come.
If they won't be able to come immediately, and you need to harvest the fruit to prevent them from rotting, harvest them. Put a few outside with a sign that there are more inside the house and that it is possible to contact you to bring them out and that they are inside to prevent them from rotting. As long of the sign is up outside, the fact that you did not put out all of the fruit outside does not nullify their ownerless status; people can still call and request the fruit which are not outside to prevent them from rotting. On the other hand, the fruits indoors will be there for your family or friends.
This ruling is based on the ruling of Rabbi Shlomo Zalman Auerbach, who maintains that if leaving fruit outside will cause it to rot, it is possible to distribute them so that people will eat them. This effectively saves the shemitah fruit from going bad and does not constitute a manifestation of ownership, rather is an act of saving the fruit from spoiling. Not that the Chazon Ish disagrees, maintaining that it is halachically preferable for the fruit to rot than for someone to distribute them and thus act like an owner.
Conclusion
It is preferable to avoid harvesting and keeping the fruit at home, but rather to harvest right before the families you want to give the fruit to will be coming to visit. If you are afraid the fruit will rot, it is possible to harvest the fruit and leave a few fruits outside with a sign that there is more inside available. If no one comes to claim the fruit, it will be there for your family and friends.
