Defining a Fruit in Different Areas of Halakha (2)

 

 

Translated and adapted by Rav Eliezer Kwass

 

 

Note: This shiur is a continuation of the shiur of two weeks ago.  Although it can be understood on its own, it is recommended to read last week's shiur first, for a better understanding of the concepts.

 

BERAKHOT

 

            According to the Tosafot and the Rosh (Berakhot 6:5), the definition of a fruit with regards to berakhot is identical to that of shevi'it.  The prohibition against cutting down trees during the shemitta year applies when their fruit are at least the size of a white "pul" bean ("pul ha-lavan").

 

"From here we derive that one should not say the berakha 'borei peri ha-eitz' (He who created the fruit of the tree) on unripe fruit that is less than the size of 'pul ha-lavan.'  One should, rather, make the berakha 'borei peri ha-adama' (He who created the fruit of the earth)." 

 

            The Shulchan Arukh (OC 202:2) also follows this ruling.

 

            The Gra (Bi'urei Ha-gra OC 202 s.v. Ve-yeish Omrim quoted in the Biur Halakha and Mishna Berura), raises an objection to this approach.  With regards to shemitta, there are TWO relevant stages in the development of a fruit: "pul ha-lavan," when it is prohibited to cut down a shemitta tree; and one third of the fruit's growth ("onat ha-ma'aserot"), when it is permissible to eat shemitta fruit.  It is much more sensible, says the Gra, that a fruit requires "borei peri ha-eitz" when it reaches the "onat ha-ma'aserot" stage, not at the earlier "pul ha-lavan" stage.  [The Bi'ur Halakha claims that the wording of the Rambam in Hilkhot Shemitta Ve-Yoveil might support the Gra's ruling.]

 

THE ROSH VS.THE GRA: I

 

            What is the conceptual argument between the Rosh and the Gra?  It seems plausible that they differ about what happens at the stage of "pul ha-lavan," when it is prohibited to chop down a shemitta tree.  According to the Rosh, it is already a fruit at this stage - the Torah prohibited cutting down a fruit-bearing tree.  The Gra agrees that this stage is indeed an important landmark in the development of a tree, but "pul ha-lavan" is not yet big enough to be considered a fruit.  The language of the Gra supports this analysis:

 

"For even during shemitta it is prohibited to eat it until it becomes food - that is to say, until it reaches 'onat ha-ma'aserot' - for then IT BECOMES A FRUIT.  Whereas [the prohibition against cutting down a tree during] shemitta is not dependent on its fruit being defined as such.  It also seems more likely that [the             prohibition against EATING shemitta fruit] should be related to the stage where the obligation of ma'aser sets in - for then it also becomes a fruit with regards to making the berakha ['borei peri ha-eitz']."

 

            We showed that according to the Rambam before "onat ha-ma'aserot" the definition of FRUIT cannot be halakhically applied.  The Gra might then be supported by the Rambam's opinion. 

 

            The Rosh, in contrast, might see "pul ha-lavan" and "onat ha-ma'aserot" as two stages in the development of the fruit.  At the point where it reaches "pul ha-lavan" it is already defined as a fruit - therefore the prohibition against cutting down a shemitta tree applies, one can make the berakha "borei peri ha-eitz," and produce of kilayim that reaches this stage is forbidden.  "Onat ha-ma'aserot," however, is a more advanced stage of the fruit when the laws of terumot and ma'aserot begin to take effect (See Igrot Moshe OC vol. 1, #57 who understands the Rosh this way).

 

THE GRA VS. THE ROSH: II

 

            It is possible that the dispute between the Gra and the Rosh might hinge on an issue in the laws of berakhot.

 

            The Rosh might agree that before reaching "onat ha-ma'aserot" the halakhic definition of a fruit cannot yet apply.  However, the berakha "borei peri ha-eitz" applies to the EDIBLE produce of a tree. Even before it is defined as fruit in the eyes of the halakha, one can make the berakha "borei peri ha-eitz."  Before the stage of "pul ha-lavan," however, one does not make the berakha "borei peri ha-eitz" because it cannot even be defined as the beginnings of a fruit, and therefore the basic recognition of the connection to the tree cannot be made.  The prohibition against destroying a shemitta tree applies even when only the beginnings of a fruit have emerged. 

 

            [Support for this approach comes from the laws of orla.  Fruit only at the "semadar" stage is permitted during the first three years because it is halakhically not a fruit at all.  "Boseir" ("pul ha-lavan" - see Berakhot 36b), though also only partially developed, is prohibited.  Even though "boseir" is not a completely developed fruit (the Rash and the Rosh (Orla 1:8) rule that one does not bring neta revai from "boseir" based on the drasha "'peri:' a fruit is redeemed and not boseir") yet it is still forbidden as orla.]

 

            Rav Moshe Feinstein zt"l in Igrot Moshe (OC 57, quoted above) claims that the essential issue that determines at what stage to make "borei peri ha-eitz" according to the Gra is one's intention when planting the fruit. If one intended to eat under-ripe fruit it already merits a borei peri ha-eitz at the earlier stage of "pul ha-lavan."  He therefore claims that the Gra would not argue with the Rosh about grapes, because even grapes that only reached "pul ha-lavan" are considered within this category.  [The Levushei Serad definitely seems to work with this principle.] 

 

HALAKHIC CONCLUSIONS

 

            The Acharonim conclude that since there is a dispute amongst the poskim about what berakha to make on fruit between the stages "pul ha-lavan" and "onat ha-ma'aserot," one should make "borei peri ha-adama" out of doubt.

 

            With regards to the berakha after eating the semi-ripe fruit of one of the seven species:  see the Shulchan Arukh OC 202:11 and the Biur Halakha there, s.v. Borei Nefashot.

 

FOR FURTHER THOUGHT:

 

QUESTIONS FROM THE RESPONSA (Answer and sources will appear with the next article):

 

            If one made "She-hecheyanu" over unripe grapes ("boseir") should the berakha be made once again over ripe ones?

 

 

[This article originally appeared in Daf Kesher #416, Kislev 5754, vol. 4, pp. 508-510.]