Tag Archives: mitzvot hatluyot baaretz

Jew Food, Part II: The Vegan Section (well, sort of.)

Hebrew calendar, Israel, Jewish traditions, Judaism, Kashrut, Kosher, Mitzvot, Observant Jewish lifestyle, Observant Judaism, , , , ,

Note: this is the 2nd post in a 3-part series on kashrut. Click here for Part I, and here for Part III!

Dear Josep,

Welcome to Part II of the Great Jew Food Tirade! (Here is Part I in case you missed it.)

In this part we’re going to talk about plants.

Now, if you can recall what my plate looked like while you and the rest of the press team were happily devouring your “pimp salmon” 😛 you will remember that fruits and vegetables, as a general rule, are just fine within the laws of kashrut. So why am I writing an entire section on them? Well…

Mitzvot HaTluyot Ba’Aretz (Commandments Connected to the Land of Israel)

Observant Jews indeed wander freely through the produce aisles of supermarkets in the USA and Europe. Ironically, it is actually in the land of Israel that we have to be more careful. Because while there is no problem inherent to any plant, when the land is owned by a Jew and is located in Israel, there are a number of commandments that apply that must be observed for the plants to be okay to eat. These are the mitzvot hatluyot ba’aretz, which I mentioned briefly in the entries about shmita (which is one of them) and the Jewish New Years (because Tu B’Shvat is used to calculate “fiscal years” for these commandments).

I am not going to elaborate on what all these commandments are, because there are a lot of them and the details will probably bore you. But they basically split into two categories: mitzvot that involve giving to the poor (such as leaving fallen grapes or stalks for them to collect, leaving a section at the corner of the field unharvested for them to harvest, etc.), and mitzvot that are connected to the Temple service (such as bikkurim, bringing the first fruits to the Cohanim at the temple; terumah and ma’aser (tithing); challah (which is probably where the name of the Shabbat bread came from), separating a portion of the bread dough for the Cohanim) or other issues of sanctity (such as the prohibition against crossbreeding plants or eating fruits from a tree in the first three years after it is planted).

Now, the ones connected to the Temple are no longer relevant; some of them are observed sort of symbolically (like terumah, ma’aser and challah), but they still must be observed for the produce to be considered kosher.

For fields owned by non-Jews or located outside of Israel, these commandments are not relevant.

However, there are other problems associated with products produced in non-Jewish settings…

Wine

So, for instance, you have known for a long time that there is such a thing as kosher wine, by which one would logically (and in this case, correctly) deduce that there is such a thing as non-kosher wine. But think about this for a minute. We’re talking about 100% pure crushed grapes, fermented in barrels that hold nothing else. Grapes are inherently kosher, and given that the mitzvot hatluyot ba’aretz are not in the picture, what could possibly be non-kosher about wine?

According to the Talmud, there are a number of things that must be avoided under the general prohibition of idolatry. One of them is drinking wine that used for some kind of ceremonial practice by idolaters.

Buuut, I hear you say, that would explain why you couldn’t drink wine made in, say, India. But what about wine made by Christians or Muslims, who are, for the most part, not considered idolaters? (“For the most part” because the concept of the Trinity makes us go :-/ . But the sages who actually lived among Christians did not consider it idolatry. That’s a topic for another e-mail. 😛 We have no such debate regarding Islam.)

So, the sages extended the prohibition to include all non-Jews and non-observant Jews, pretty much because you don’t really have any way to know what their beliefs about the wine are, and because of the severity of idolatry, we need to be extra, extra careful about this. Idolatry is one of the only three commandments that we are not allowed to transgress even if it means our only other option is to die. The other two are murder and sexual immorality.

Digging through my archives, I discovered that you actually provided another answer to this question when we first discussed this issue many years ago. I told you that our editor-in-chief in Spain had asked why we still observe this law about wine if there is no longer idolatry in the Western world. You said: “I disagree with [her] about the idolatry thing. Maybe we don’t have idols like in the old times, but there’s still a lot of idolatry with things like the TV, supermodels or superstars, money, fame, sex… And it’s caused by the same basic principle: the emptiness of the soul. When you’re full of God, you don’t need anything more. So you don’t have to put the TV at the center of the house, or the sex in the center of your life. The old people put other gods instead of Him in the center of their lives because they had empty souls. That’s what I think.”

Well, I’m definitely not arguing with that. 😉

In any case, not so very long ago, you couldn’t get really good kosher wines. (Ever heard of Manischewitz? If not, good.) Today, though, there are some really great wineries in Israel and abroad that produce a wide selection of good kosher wine. Like, for instance, the one you bought us last time you were here, which we finally opened a couple days ago. (And is, by the way, delicious. Thank you. 😉 )

L'chaim. (Thanks for this, BTW. It's delicious. :) )
L’chaim.

Baking and Cooking by Gentiles

Another issue that comes up here is bread that is baked or food that is cooked by a gentile. This is a rabbinic restriction based on the idea that it is difficult to trust someone who does not keep kashrut himself or see any importance in it, to be careful enough about it when cooking for you.

There are ways around this. According to Ashkenazi custom, it is enough for a Jew to light the fire for the food to not be considered bishul nochri (food cooked by a non-Jew). That’s how kosher restaurants are able to employ non-Jews in the kitchen.

Another restriction I should mention here, even though it concerns an animal product, is chalav nochri. The Sages ruled that we may not consume milk produced by non-Jews (…that is, their cattle…) out of concern that milks of other, non-kosher animals might be mixed in. The famous American rabbi Moshe Feinstein ruled that this is no longer a concern in places of modern industry where there is strict regulation and supervision, and you can be certain that what you’re getting is cow’s milk. (This is actually not true in all Western countries, by the way… including Spain. I was told that I couldn’t rely on this ruling regarding even plain milk in Spain.) Most Americans hold by this ruling, but many Israelis don’t, because of the wide availability of chalav yisrael (milk produced by Jews) in Israel. The Rabbinate of Israel holds that derivatives of chalav nochri (a.k.a. avkat chalav nochri), such as powdered milk, are okay, but not straight milk. So there was a big scandal in recent years about the Rabbinate removing Haagen Dasz ice cream from the shelves, even though it is certified kosher by the Orthodox Union in the USA, because of this difference in halakhic observation. (Ben & Jerry’s, the other really good foreign, kosher brand, has its own factory here that uses chalav yisrael, so we can still buy decent ice cream. Fortunately, Eitan and I are American and hold by Rabbi Feinstein, so we can eat Haagen Dasz too. 😀 )

Anyway.

In all of the above, beside the practicalities of trusting non-Jews with kashrut… I also see an agenda on the part of the sages to make it more difficult for Jews to get socially intimate with non-Jews. Jews not being able to eat at non-Jews’ tables makes it harder for them to develop the kinds of relationships that could lead to conversion, intermarriage, and assimilation. That may not be so politically correct, but assimilation is the biggest threat to Jewish continuity in the modern era, and… well, this is a topic for a different e-mail. 😛

Little Friends

So the last issue to do with eating fruits, vegetables, and grains, is the fact that we are not allowed to eat bugs (see part I), and therefore they must be thoroughly checked to assure that no creepy crawlies have found their way into our food.

Now, someone who has peeked ahead and knows the 1/60th rule that I will explain in the next entry, might ask: unless we’re talking about the kind of bug that would make any housewife run screaming, we’re talking about tiny, almost microscopic creatures, that are certainly less than 1/60th the volume of the food.

I refuse to post a picture of a bug. Have a puppy instead.
Photo credit: Andrea Schaffer under CC BY 2.0

So why aren’t they batel (“nullified”)?

Because they are a briya shleima, a “whole creature”. Meaning, that because it’s the bug’s whole body, it cannot be nullified.

But then how do we ever eat anything?! What about microscopic bugs?!

So this rule only applies to bugs that can be seen by the naked eye. If you need a magnifying glass, let alone a microscope, to see it–it doesn’t count.

Still, you can imagine, checking for bugs can be incredibly labor intensive and frustrating. For some kinds of fruits and veggies it’s no big deal–fruits, including fruits that are generally thought of as vegetables (like cucumbers and tomatoes), only require a once-over to make sure they don’t have wormholes or something like that. By contrast, leafy green vegetables must be pulled apart, soaked in water with soap or salt or vinegar, and then examined–leaf. by. leaf. (I should mention that there are different standards, and some are more lenient–allowing to check a representative sample, for instance, but checking each leaf individually is the mainstream view.)

One way of getting around this problem is growing the plants in special conditions where bugs are extremely unlikely to come in contact with the vegetables. In Israel, Gush Katif vegetables are grown hydroponically, meaning in that they are grown in greenhouses, detached from the soil:

Photo credit: Ryan Somma under CC BY-SA 2.0
Photo credit: Ryan Somma under CC BY-SA 2.0

The environment is carefully controlled to assure that no bugs will get in. In this case, we are permitted to eat the produce without checking for bugs (but most authorities still require a thorough soaking and rinsing before use). There is also an opinion that frozen vegetables are not a problem because any bugs that may be in there will explode in the freezing process (…) and therefore are no longer “whole creatures”. This is not exactly reassuring, but our bug-free standards are way more OCD higher than pretty much anyone else’s, and you have to draw the line somewhere…

So that concludes Part II! Stay tuned for the third and final installment. 😉

Love,

Daniella

Missed Part I? No problem! Click here to read Jew Food, Part I: Vegetarians, Avert Your Eyes.

Shmita, or: Holy Bananas, Batman!

Israel, Judaism, Mitzvot, Observant Jewish lifestyle, Observant Judaism, , ,

Dear Josep,

Because of how hectic things were for both of us around Rosh Hashana this year I never got a chance to tell you about what makes this Jewish year so special. You know, other than the fact that it’s a lovely palindrome (5775).

I know I have mentioned in the past (and I’m sure you have no recollection whatsoever) that there is a whole category of commandments that have to do with the land of Israel and its agriculture. (In Hebrew, mitzvot hatluyot ba’aretz.) But for two thousand years, there were no Jews working the land. The Jews who had been living here throughout history, in Jerusalem, Hebron, Tiberias, and Safed, were not farmers and lived mostly off of donations from Jews in the diaspora so they could study Torah full-time. As a matter of fact, no one was working the land for the most part. It was basically an infertile wasteland. When Mark Twain visited Israel in 1867 he described it as “a desolate country whose soil is rich enough, but is given over wholly to weeds… a silent mournful expanse…. a desolation…. we never saw a human being on the whole route…. hardly a tree or shrub anywhere. Even the olive tree and the cactus, those fast friends of a worthless soil, had almost deserted the country.” It is said that the Land of Israel only blossoms when the Jews are tending it, and whether or not you believe these prophecies, historically, this appears to have held true. In any case, when the Jews began to return to Israel in the 19th-20th centuries and tend the land again, it had been 2,000 years since the last time the commandments relating to the Land of Israel had even been relevant. Just like the revival of Hebrew, calling these commandments “back from the dead” and suddenly implementing them in a world completely different than the one in which they were last observed was quite a challenge. The most challenging of all, is the commandment of shmita.

“Six years your shall sow your field, and six years you shalt prune your vineyard, and gather in its produce. But in the seventh year shall be a sabbath of solemn rest for the land, a sabbath unto the Lord; your shall neither sow your field, nor prune your vineyard. That which grows of itself of your harvest you shall not reap, and the grapes of your untended vine you shall not gather; it shall be a year of solemn rest for the land.” –Leviticus 25:3-5

Shmita is that seventh year. (This year!) We’re not allowed to engage in our usual agricultural activity for profit. We’re allowed to tend plants to make sure they don’t die, but we’re not allowed to do things that improve production. And all plants must be hefker–public property. We must leave the gates open and anyone who is hungry may come and take whatever he wants.

“‘And during the seventh year you shall rest’
The fruits are hefker (public property)
You have permission to enter”

Now I know what you’re thinking: “What?! You’re not allowed to sow fields, prune vineyards, or reap any harvest? You’re supposed to let anyone come and take whatever does grow? What are you expected to eat?”

Well, that’s exactly what the Romans said, and if I recall correctly, there is a record of a play they put on mocking those crazy Judeans. It involved a donkey (or was it a horse?) complaining that he had no grass to eat because it was shmita, and all the Jews were eating his grass, because they couldn’t grow any produce. Very funny, Romans. (They and the Greeks also thought the idea of a Sabbath–not working one day a week–was a riot. Who’s laughing now? 😛 )

Anyway. As with everything in halakha, things are not nearly as simple as they first appear. And especially given the universal halakhic concept of pikuach nefesh–according to which we are allowed to transgress almost any commandment if it endangers a life–and the fact that civilization has changed so dramatically in the way food is produced and distributed in the past 2,000 years, some creative solutions have been required to address this mitzvah. Rabbi Avraham Yitzchak HaCohen Kook, the first Ashkenazi chief rabbi of the British Mandate, came up with a temporary solution that is similar to the “legal fiction” we use to solve the problem of businesses owning chametz on Passover (…don’t worry, we’ll get to that in a few months. 😉 ). Shmita only applies if the land is owned by Jews. Therefore, he proposed, the Jews could “sell” the land to a non-Jew, so it is technically owned by a non-Jew, and then work the land as usual. At the end of the year we would buy the land back. This solution is known as heter mechira, and the reason it is temporary is that it only works while the commandment of shmita is considered rabbinic and not Biblical. That is, it’s Biblical, but only applies as a Biblical commandment when a majority of the nation of Israel is in the land. That is not true yet, but it may apply already in the shmita following this one, given our population growth and the shrinking Jewish populations in the USA and Europe due to assimilation and emigration to Israel.

So there are two other solutions. The first is the one that the ultra-Orthodox tend to use, because it avoids the entire issue of dealing with shmita: using only produce grown outside of Israel, or grown in fields that are owned by non-Jews. The second, and the one that I favor, is something called Otzar Beit Din. I can’t get into the details of how or why it works, but here’s the general idea: it takes advantage of the loopholes in the law to continue to grow, harvest and distribute produce (in ways that are different than usual, and therefore permitted) using a special alternative system. This year, this type of produce is sold at our local grocery store. And the special thing about it, is that produce grown in Israel during the shmita year has a special status: it is endowed with kedushat shvi’it, the “sanctity of the seventh year”. Just as this produce must be treated differently in the fields, it is treated differently in our kitchens. We are only allowed to prepare it in a way that is accepted–so for example, we’re not allowed to cook vegetables that are generally only eaten raw (like, say, cucumbers), or eat vegetables raw when they are usually eaten cooked (like, say, sweet potatoes). We are not allowed to throw it away or damage it purposely in any way while it is still edible, so we have a special garbage pail for only kedushat shvi’it fruits and vegetables, where we put scraps and stuff and only throw away when they have rotted on their own.

2015/01/img_0976.jpg
Yes. I decorated it. What?

I favor this solution because I love feeling the connection to the land and its “additional” holiness during this year, and because I believe it is the closest to what was originally intended by this mitzvah. God clearly did not want us to starve. The purpose of this mitzvah is very similar to another “seventh” you already know about–Shabbat. To remind us that this land belongs to Him first and foremost, and that no matter what we have done to make the land blossom and bring forth produce, it all really comes from Him. When I hold one of these “holy bananas” in my hand, it feels, even more than usual, like God Himself put this in my hand, smiled, and said, “Enjoy.”

Holy bananas, Batman!
Don’t mind if I do. Mmm, sanctity.

There is much, much more to say about this topic, but it is very complicated and legalistic and not being a farmer myself there’s a lot I don’t know about it. But since the month of Shvat begins in a few days, I will probably elaborate some more on the other mitzvot hatluyot ba’aretz, so stay tuned. 😉

Wishing you a Chodesh Tov (a good month) and a refrigerator full of goodness. 😉

Love,

Daniella

P.S. …If you’re asking yourself what on earth Batman has to do with any of this, you’re missing this cultural reference. 😛