Can shemitah wine still belong to the otzar beit din even after purchase?
Question
Is it possible that the wine I bought, which was in my house on erev Pesach, is still halachically considered under the auspices of the otzar beit din thereby deeming it exempt from bi'ur?
Answer
A note to this extent is included in the boxes of wine sold by the Har Berachah otzar beit din, headed by Rabbi Eliezer Melamed.
The beit din states that the wine is halachically considered under its auspices until Rosh Chodesh Iyar despite the fact that it is in the home of the customer. The note stresses that the beit din reserves the right to demand that the buyer transfer the bottles to another person through its otzar beit din agents. Should this be the case, he will need to do so but will be entitled to compensation for the bottles he purchased from the beit din. Rabbi Melamed maintains that the fact that the beit din may make this demand demonstrates that the wine still technically belongs to the beit din.
Torah VeHa'aretz Institute disagrees with this ruling. To claim that a bottle of wine that an individual paid for and brought into his home still belongs to the otzar beit din seems to be a far-fetched loophole intended to circumvent the need of bi'ur only.
Indeed, no other otzar beit din sells shemitah produce employing this approach.
Nevertheless, those who bought Har Berachah otzar beit din wine could have relied on this halachic approach (and not perform bi'ur on the wine on erev Pesach).
However, this leniency may under no circumstances be used for wine or grape juice purchased from other otzarot beit din that do not explicitly state that the wine continues to be owned by the otzar beit din even in the customer's home.