Yashan: Difference between revisions

# In the times of the Bet HaMikdash the grain was permitted with the bringing of the Korban Omer (which was brought on the 16th of Nissan), however, nowadays that there’s no Korban it’s forbidden until the 17th of Nissan. Outside Israel where we keep two days of Yom Tov, it’s forbidden until the 18th of Nissan. <Ref>The Mishna in Menachot 68a says that when there was the Bet HaMikdash the korban Omer made it permissible to eat the new grain and those who lived far enough away and didn’t know when the Korban was brought could assume that it was brought prior to midday because the בית דין wouldn’t tarry in bringing the Korban. However, now that there’s no Bet HaMidash the Mishna says that Rabban Yochanan established that it was forbidden the entire day of the 16th. The Gemara Sukkah 41a-b explains that it wasn’t that Rabban Yochanan enacted a תקנה but rather he made a drasha (exposition) in reading the pesukim and concluded that it was forbidden biblically to eat the new grain until the 17th. There’s a dispute in the Gemara Menachot 68b about whether in the Diaspora the prohibition is extended a day just like we extend Yom Tov to a second day. The Rishonim (Rif Menachot 28a, Rosh Menachot 42, and Rambam Maachalot Asurot 10:2) hold like the stringent opinion that in the Diaspora it’s forbidden to eat new grain until the 18th of Nissan. Such is the ruling of the Tur and S”A Y”D 293:1. This ruling is also found in Kitzur S”A 172:1. </ref>

# According to most authorities this prohibition also applies to grain that grew in the Diaspora. <Ref> In the Mishna in Kiddushin 36b there’s a dispute in the Mishna whether the prohibition of Chaddash applies to the Diaspora. Similarly there’s a dispute in Gemara Menachot 68b. Most Rishonim are stringent. These Rishonim include the Bahag (Orlah #6), Rif (Kiddushin 15a), Rosh (Kiddushin 1:62 and Sh”t HaRosh 2:62), Rambam (Maachalot Asurot 10:2), Ramban (Vayikra 23:14), Smag (Lavin 142), Smak (Siman 117), Meiri (Kiddushin 37a), Chinuch (Mitzvah 303), Ravyah (Pesachim 527), and Tur Y”D 293. Such is ruling of the S”A Y”D 293:2 and Kitzur S”A 172:2. However, the minority of Rishonim hold that Chaddash is only Derabbanan outside Israel. These Rishonim include the Or Zaruah 1:328, Rabbeinu Baruch (quoted in Teshuvot Harosh 2:1), and Raavan (according to Teshuvot Mishkenot Yaakov 64). In fact, the Or Zarua rules that because it is such a difficult halakha to keep, one may rely on the fact that it is a rabbinic law and therefore it would be permitted in cases of doubt since it is typically unknown when a certain product was harvested. </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. 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 D”H Kol, Mordechai Menachot 501, Ravyah (Pesachim Siman 527), and Hagot Maimoniot (Machalot Asurot 10:3). Tosfot (ibid.) writes concerning wheat one could be lenient because the majority is planted before Pesach, but that by barely 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 barely that was from the old grain and so one could be lenient. The Hagot Maimon (ibid.) writes that the Maharam was strict regarding barely 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 barely 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 barely is used infrequently one should publicize that barely 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 Mishna Brurah 489:45 writes that the Achronim hold in Poland one shouldn’t be lenient concerning barely, 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 Biur Halacha (489:10 D”H 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 only regarding 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>