[Avodah] Does the prohibition of chodosh apply in the diaspora?

[Professor L. Levine via Avodah]

>From today's OU Kosher Halacha Yomis


Q. Does the prohibition of chodosh apply in the diaspora?


A. Shulchan Aruch (Yoreh De'ah 293:2) writes unambiguously that the laws of chodosh apply in all circumstances, both in Israel as well as outside of Israel. Indeed, many Sefardim are known to be careful to not eat chodosh in accordance with this ruling of Shulchan Aruch. However, there are two main dissenting opinions among the Ashkenazic poskim.

  *   The Bach (Yoreh De'ah 293) disagrees with Shulchan Aruch and writes that the prohibition of chodosh outside of Israel only applies to grain grown by Jewish farmers. Grain grown by non-Jewish farmers outside of Israel is permitted.

  *   The Magen Avraham (489:17) writes that because of the difficulty in observing this law, many rely on the opinion that the prohibition of chodosh is limited to Israel and adjacent lands. Though chodosh would apply to grain from countries neighboring Israel, it would not apply in Europe or America.

The Rama (Yoreh De'ah 293:2) mentions a third consideration. Since it is uncertain when the planting occurred, one may be lenient and permit eating these grains, because of a double doubt (sfek sfeika). [This point will be discussed further in a future Halachah Yomis.]

The Mishnah Berurah (489:45) writes that the majority of people follow the above leniency, and one should not disapprove of those who follow this approach. Nonetheless, it is preferable to be stringent.


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