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Yashan: Difference between revisions
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# In Israel the grains are grown in the winter and aren’t harvested until Pesach, whereas, in Europe and America, grains are also grown during the spring (many a time after Pesach). <Ref> Yalkut Yosef (Shaatnez UChaddash pg 446). </ref> | # In Israel the grains are grown in the winter and aren’t harvested until Pesach, whereas, in Europe and America, grains are also grown during the spring (many a time after Pesach). <Ref> Yalkut Yosef (Shaatnez UChaddash pg 446). </ref> | ||
==Grain of non-Jews== | ==Grain of non-Jews== | ||
# According to most authorities this prohibition also applies to grain that was grown by a non-Jew. <Ref> Most Rishonim hold that Chaddash also applies to grain that was grown by non-Jews. These Rishonim include Tosfot (Avoda Zara 63b | # According to most authorities this prohibition also applies to grain that was grown by a non-Jew. <Ref> Most Rishonim hold that Chaddash also applies to grain that was grown by non-Jews. These Rishonim include Tosfot (Avoda Zara 63b s.v. Ein), Ravyah (Pesachim Siman 527), Rosh (2:1) quoting the Rif (Kiddushin 16a), Avi Ezri (Siman 527), Sh”t HaRashba 1:177, and Meiri Pesachim 121b. However, a small minority of Rishonim (Tosfot Yeshanim ([[Rosh Hashana]] 13b) in name of the Ritzva, Sh”t HaRosh (beginning of Klal 2) quoting Rabbenu Baruch, Bach Y”D 493) hold that it doesn’t apply to grain grown by non-Jews. S”A Y”D 293:2 writes that Chaddash applies to grain of a non-Jew. </ref> | ||
==Defense of the Minhag HaOlam== | ==Defense of the Minhag HaOlam== | ||
# There are some who defend the widespread minhag to be lenient about Chadash. One defense is that some say there is a double doubt, perhaps the grain one has was grown last year and even if it grew this year perhaps it took root before the 16th of Nissan, however, many disregard this logic. <Ref> | # There are some who defend the widespread minhag to be lenient about Chadash. One defense is that some say there is a double doubt, perhaps the grain one has was grown last year and even if it grew this year perhaps it took root before the 16th of Nissan, however, many disregard this logic. <Ref> | ||
* Sh”t HaRosh 2:1 writes that in many years one doesn’t have to be concerned about grain one doesn’t know whether it is Chaddash or Yashan because the majority of the grain on the market is the old crop and furthermore there’s a double Safek (doubt), perhaps the grain one has was grown last year and even if it grew this year perhaps it took root before the 16th of Nissan. However, in this year there were pogroms before [[Pesach]] which prevented the (Jewish) farmers from growing grain before [[Pesach]] and so only a minority of the grain was grown before [[Pesach]]. The Rosh writes that as he looks towards heaven in the difficult times he was unable to forbid all the grain that year, but rather would answer the questioners that they should ask the farmers whether the majority of the grain was grown before [[Pesach]] and if so it’d be permitted. But nonetheless it’s better that the people should be uninformed and not sin intentional. This is quoted in the Tur Y”D 293. | * Sh”t HaRosh 2:1 writes that in many years one doesn’t have to be concerned about grain one doesn’t know whether it is Chaddash or Yashan because the majority of the grain on the market is the old crop and furthermore there’s a double Safek (doubt), perhaps the grain one has was grown last year and even if it grew this year perhaps it took root before the 16th of Nissan. However, in this year there were pogroms before [[Pesach]] which prevented the (Jewish) farmers from growing grain before [[Pesach]] and so only a minority of the grain was grown before [[Pesach]]. The Rosh writes that as he looks towards heaven in the difficult times he was unable to forbid all the grain that year, but rather would answer the questioners that they should ask the farmers whether the majority of the grain was grown before [[Pesach]] and if so it’d be permitted. But nonetheless it’s better that the people should be uninformed and not sin intentional. This is quoted in the Tur Y”D 293. | ||
* The former logic of relying on majority on grain that is from the old crop is widely accepted in the Rishonim including the Tosfot Kiddushin 36b | * The former logic of relying on majority on grain that is from the old crop is widely accepted in the Rishonim including the Tosfot Kiddushin 36b s.v. Kol, Mordechai Menachot 501, Ravyah (Pesachim Siman 527), and Hagahot Maimoniot (Machalot Asurot 10:3). Tosfot (ibid.) writes concerning wheat one could be lenient because the majority is planted before Pesach, but that by barley one should be strict because it’s growing season is after [[Pesach]]. The Ravyah (ibid.) writes that the majority of the beer was made from barley that was from the old grain and so one could be lenient. The Hagahot Maimon (ibid.) writes that the Maharam was strict regarding barley because of it’s late growing season. * The Trumat HaDeshen (Siman 191) writes that in years when there was snow on the ground and the farmers weren’t able to plant barley prior to [[Pesach]] that in countries that primarily drink beer one shouldn’t publicize the prohibition and it’s better that the masses are uninformed rather than intentionally sin. However, in countries that the primary drink is wine and barley is used infrequently one should publicize that barley which one doesn’t know whether it’s from the new grain or the old grain one should be strict. In the end, the Trumat HaDeshen rejects the double safek of the Rosh and says that it’s only considered a single safek and isn’t accepted if the minority of the grain is from the new crop. | ||
* The Rama Y”D 293:3 rules like the Trumat HaDeshen that one should really only rely on the double safek if there’s also a majority of grain that’s from the old crop, but nonetheless, if the primary food and drink is from the new grain one shouldn’t publicize the prohibition. | * The Rama Y”D 293:3 rules like the Trumat HaDeshen that one should really only rely on the double safek if there’s also a majority of grain that’s from the old crop, but nonetheless, if the primary food and drink is from the new grain one shouldn’t publicize the prohibition. | ||
* The Mishna Brurah 489:45 writes that the Achronim hold in Poland one shouldn’t be lenient concerning barley, oat, and spelt because the majority of these come from new grain, but one may be lenient regarding wheat and rye which a majority is from the old grain. The Mishna Brurah concludes that even though one can’t be strict on the masses one a righteous individual should be strict on himself. | * The Mishna Brurah 489:45 writes that the Achronim hold in Poland one shouldn’t be lenient concerning barley, oat, and spelt because the majority of these come from new grain, but one may be lenient regarding wheat and rye which a majority is from the old grain. The Mishna Brurah concludes that even though one can’t be strict on the masses one a righteous individual should be strict on himself. | ||
* The Beiur Halacha (489:10 | * The Beiur Halacha (489:10 s.v. Af) writes that someone mistakenly think that if they are going to be strict about this prohibition, they have to be strict on everything entailed in the prohibition, on all grains, on drinks, and pots used for Chaddash, however, it’s much more proper to recognize that there’s what to rely on in many of the disputed cases such as drinks, pots used for Chaddash, and also the majority of many grains are grown before [[Pesach]] and so, one should endeavor to be strict at least in cases of certain Chaddash, but even in such cases one can’t rebuke the masses. | ||
* The Yalkut Yosef (Shaatnez UChaddash pg 460) writes that one may be lenient if one doesn’t know if the grain one has is old grain in a place where the majority of the grain is from the old crop. </ref> | * The Yalkut Yosef (Shaatnez UChaddash pg 460) writes that one may be lenient if one doesn’t know if the grain one has is old grain in a place where the majority of the grain is from the old crop. </ref> | ||
# Another defense is that the minhag relies on the opinions that Chadash is Derabbanan and only applies in the lands near Eretz Yisrael. <Ref>Magan Avraham 489:17 writes this as a defense of those who aren’t strict about chaddash. This is also quoted by the Mishna Brurah 489:45. </ref> | # Another defense is that the minhag relies on the opinions that Chadash is Derabbanan and only applies in the lands near Eretz Yisrael. <Ref>Magan Avraham 489:17 writes this as a defense of those who aren’t strict about chaddash. This is also quoted by the Mishna Brurah 489:45. </ref> | ||
