Yashan: Difference between revisions

There is a debate in the Gemara regarding the applicability of the prohibition to the diaspora. <ref> Mishna on Kidushin 36B-37A and the ensuing Gemara </ref> Nearly all the Rishonim rule that the prohibition applies equally to the diaspora <ref> Including the Rambam (Hilchot Maachalot Assurot 10:2), the Rif (Kiddushin 15a in the pages of the Rif), the Rosh (Kiddushin 1:62), and the Tur (Orach Chaim 489) </ref> However, a minority group believe that it is only a rabbinic prohibition outside of Israel. <ref> the Or Zarua (328), Rabbeinu Baruch (quoted in Teshuvot Harosh 2:1), the Raavan (according to Teshuvot Mishkenot Yaakov 64), and the Maharil. </ref> In fact, the Or Zarua rules that because it is such a difficult halakha to keep, we 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.