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

[Micha Berger via Avodah]

On Fri, Nov 04, 2016 at 01:30:59PM +0000, Professor L. Levine via Avodah wrote:
: 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....

AhS YD 293:2 cites a machloqes in the last mishnah in Qiddushin 1.
R' Eliezer says it's assur deOraisa, as the pasuq says "bekhol
moshevoseikhem". The Chakhamim say it only holds in EY after the 14
years of conquest and division -- the pasuq speaking of any yishuv
in EY, thus more restrictive (by 14 years) than mitzvah hateluyah
ba'aretz.

But in Menachos (68a), R Pappa and R' Huna bd"R Yehoshua who ate
chadash on the 16, because they held it was safeiq derabanan
lequlah, but the chakhamim devei R' Ashi hold it's deOraisa.
As each source has the rabbim on opposite sides. And so (se'ifim
5-6) a machloqes rishonim ensues.

: * 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...

Ahs (seif 14) says the Rosh writes in a teshuvah that Jewish and
non-Jewish crops would be identical.

The AhS (se'if 15) wants to be mechadesh that this is tied to the
machloqes of yeish qinyan le'aku"m bEY. Because if there is, then crops
non-Jews grow in in EY would be exempt, and one would have to say lo
kol shekein crops they grow in chu"l.

He therefore disagrees with the Bach.

: * 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...

: 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)....

: 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.

And R' Y Amital said that halakhah really changed in the 20th cent not
so much when it became common to treat the MB as poseiq acharon as when
we decided we were all holy people to whom he was recommended these
"stretch goals".

The AhS's grounds to be meiqil:

Se'if 6: Chadash bechu"l is derabbanan. He picks this side based on the
Or Zarua (summarised in #5) who cites the Terumas haDeshen, the Riva
and numerous others. And in a she'as hadechaq, where the gemara doesn't
take side but just quotes various practices, why not rely on a stam mishnah
et al? Therefore, since there is a safeiq when the wheat was planted,
and without chadash finding bread would be too hard, we can say
safeiq derabbanan lequlah.

Se'if 16: Quotes the Rama's sefeiq sefeiqa. But in 19 he against lists
many of the sources (predominantly/entirely? Ashk) who hold it's derabbanan
and therefore you don't need the 2nd safeiq.

Se'if 18: In Russia, the winters are long. No one would be planting wheat 
before Pesach -- it is an ignorable miqreh rechoqah. According to the USDA
1997 <https://usda.mannlib.cornell.edu/usda/nass/planting/uph97.pdf>
wheat planting could start as early as Mar 1 (beginning of the season
in Washington and Oregon). So this heter wouldn't apply in the US. And
the AhS says it wouldn't work in Germany or Poland.

Se'if 20: All gezeiros extending mitzvos hateluyos ba'aretz are only
on lands close to EY. C.f. Terumah and ma'aser. Challah is an exception
because the chiyuv is a chiyuv misah and starts when needing, not
farming. Therefore chadash derabbanan wouldn't apply to grains grown
in most of the world.

:-)BBii!
-Micha

-- 
Micha Berger             The fittingness of your matzos [for the seder]
micha at aishdas.org        isn't complete with being careful in the laws
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