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==When does the Grain becomes permitted?== | ==When does the Grain becomes permitted?== | ||
# 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> | # 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. | * 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> | * 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> | ||
==What is new grain?== | ==What is new grain?== | ||
# Grain which took root after the 16th of Nissan is called Chadash and is forbidden to eat until the 17th of Nissan in Israel and until the 18th of Nissan in the Diaspora. <Ref>S”A Y”D 293:1 and O”C 489:10, Kitzur S”A 172:1 </ref> | # Grain which took root after the 16th of Nissan is called Chadash and is forbidden to eat until the 17th of Nissan in Israel and until the 18th of Nissan in the Diaspora. <Ref>S”A Y”D 293:1 and O”C 489:10, Kitzur S”A 172:1 </ref> | ||
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# 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> | ||
# Another defense is that the minhag relies on the opinions that hold that grain which was grown by non-Jews is exempt from Chadash. <Ref>The Kitzur S”A 173:3 defends those who are lenient regarding Chaddash by saying that they rely on those who say the grain of a non-Jew is exempt from Chaddash. This is also quoted by the Mishna Brurah 489:45 who adds that if one relies on this one should be more strict regarding grain that was grown by Jewish farmers. However, the Yalkut Yosef (Shaatnez UChaddash pg 427), argues that since Shulchan Aruch holds that it also applies to grain of a non-Jew, Sephardim shouldn’t be lenient using this leniency. </ref> | # Another defense is that the minhag relies on the opinions that hold that grain which was grown by non-Jews is exempt from Chadash. <Ref>The Kitzur S”A 173:3 defends those who are lenient regarding Chaddash by saying that they rely on those who say the grain of a non-Jew is exempt from Chaddash. This is also quoted by the Mishna Brurah 489:45 who adds that if one relies on this one should be more strict regarding grain that was grown by Jewish farmers. However, the Yalkut Yosef (Shaatnez UChaddash pg 427), argues that since Shulchan Aruch holds that it also applies to grain of a non-Jew, Sephardim shouldn’t be lenient using this leniency. </ref> | ||
# Lastly, some defend the minhag with a different double doubt, perhaps the grain one has is grain from last year and perhaps the law of Chadash doesn’t apply to grain that grew in the Diaspora or to grain that was grown by a non-Jew. <Ref>The Or Letzion Y”D 1:15 writes that one should only rely on this leniency on Shabbat and Yom Tov. However, Yalkut Yosef (Y”D 293:31, Hilchot Chadash VeShatnez 293:31 pg 469) writes that the strict law is that this leniency is reliable in places where there’s no bakery that offers old grain. </ref> | # Lastly, some defend the minhag with a different double doubt, perhaps the grain one has is grain from last year and perhaps the law of Chadash doesn’t apply to grain that grew in the Diaspora or to grain that was grown by a non-Jew. <Ref>The Or Letzion Y”D 1:15 writes that one should only rely on this leniency on Shabbat and [[Yom Tov]]. However, Yalkut Yosef (Y”D 293:31, Hilchot Chadash VeShatnez 293:31 pg 469) writes that the strict law is that this leniency is reliable in places where there’s no bakery that offers old grain. </ref> | ||
# A Sephardi who isn’t careful on not eating Chadash in the Diaspora shouldn’t be called up for the Aliyah of Levi on the Yom Tov of Sukkot (when we read about the prohibition of Chadash), however if it will cause a fight it’s permissible to give him the Aliyah. <Ref>Yalkut Yosef (Y”D 293:34, Hilchot Chadash VeShatnez 293:34) </ref> | # A Sephardi who isn’t careful on not eating Chadash in the Diaspora shouldn’t be called up for the Aliyah of Levi on the [[Yom Tov]] of Sukkot (when we read about the prohibition of Chadash), however if it will cause a fight it’s permissible to give him the Aliyah. <Ref>Yalkut Yosef (Y”D 293:34, Hilchot Chadash VeShatnez 293:34) </ref> | ||
==References== | ==References== | ||
<references/> | <references/> | ||
