Daf Hakashrus - Yoshen (Yashan) Part One (original) (raw)
DAF NOTES: The 
has recently begun supervision of Yoshon flour to make it available to bakeries catering to the growing number of individuals who are careful to eat only Yoshon, in addition to servicing requests by companies wishing to export Yoshon products to Eretz Yisroel. The Daf HaKashrus plans to publish a series of articles on this subject. They are based on Rabbi Avrohom Chaim Young's presentation on Chodosh issues delivered at the recently held Orthodox Union Kashruth Conference.
The and Its New Yoshon Supervision
THE FIRST IN A SERIES OF ARTICLES
Halacha
Ki sovo'u el ho'oretz vs. B'chol moshvosaichem
In parshas Emor, when speaking about the korbon ho'omer, the Torah begins with, "ki sovo'u el ho'oretz" and describes the korbon ho'omer. Then the Torah says, "V'lechem, v'choli v'charmel lo sochlu ad etzem hayom hazeh ad haviachem es korbon elokeichem chukas olom l'doroseichem b'chol moshvosechem." This is the mitzvas lo sa'aseh that one may not eat grain or grain products from the new crop, until after the korbon ho'omer is brought. Such food is commonly known as chodosh.
If it would only say "ki sovo'u el ho'oretz", the mitzva would be t'luyah bo'oretz and would not be noheg in chutz lo'oretz mid'oraisoh. However, the Torah added "b'chol moshvoseichem" – "in all your dwelling places", which would seem to include chutz lo'oretz. Rashi there points out that this is the subject of a machlokes tanoim: some hold that "b'chol moshvoseichem" does actually come to include chutz lo'oretz; while others hold that it teaches us that the mitzva does not start in Eretz Yisroel until after they have begun dwelling there – namely after kibush and chalukas ho'oretz – and chodosh of chutz lo'oretz is mutar mid'oraisoh. Some rishonim hold that even these tanoim agree that it is ossur mid'rabonon.
This machlokes is a machlokes tanaim, a stira in stam mishnayos, a machlokes amoraim, and a machlokes rishonim. However, rov rishonim pasken that chodosh is ossur mid'oraisah even if grown in chutz lo'oretz. This is the only de'ah brought in shulchan oruch and this is the way Sfardim are noheg. Nevertheless, many Ashkenazim have been maikil, even in the time of the rishonim. Much has been written to explain this phenomenon, however, this goes beyond the scope of the present article.
For students of halacha, an interesting approach can be found in the Oruch Hashulchan in the name of the Ohr Zorua. He maintains that the confusion in this matter is deliberate. Both the tanaim and amoraim did not clearly state the final Halacha to teach us that in difficult circumstances we have the right to rely on the lenient opinion that in chutz lo'oretz the Issur is only mid'rabonon.This in turn, serves as the basis for some of the heteirim which have been proposed over the centuries to permit Chodosh in Europe.
Which foods
The issur of chodosh applies only to the chamaishes minei dagan - the five grains - wheat, oats, spelt, rye, barley.
When
Cutoff date
As stated, the issur of chodosh applies only to the new crop. In order to decide if some grain is from the old crop or the new one, one has to know when hashrosho occurred. Hashrosho is a point in the development of the roots at which halacha considers that the plant has taken root. If it took root before the 16th of Nissan, it is from the old crop – it is yoshon and is mutar. If it took root on the 16th of Nissan or later, it is from the new crop – it is chodosh, it is ossur and will remain so until the following Pesach. Although the Shach brings the Trumas Hadeshen that hashrosho is only three days after planting, he himself in Nekudas Hakesef as well as many other acharonim point out that this is true only according to Rebbi Yehudah. But l'halacha, we _pasken_like Rebbi Yosi and Rebbi Shimon who hold that hashrosho takes place two weeks after planting.
Winter vs. Spring Crops
Lmaaseh, some crops are planted right around Pesach. These are known as spring crops. Theoretically, if Pesach is late and planting is early, hashrosho of these crops could be before the 16th of Nissan, and in this case, such a crop would already be yoshon before it is harvested in the summer. However, in the United States, spring crops are usually planted so late that the hashrosho does not take place until after the 15th of Nissan. Therefore, spring crops are almost always chodosh at the time of the summer harvest and do not become mutar until the following Pesach.
Other crops are planted in the fall, lie dormant during the winter, finish growing in the spring and summer, and are harvested in the summer. These are known as winter crops. Since they are planted in the fall, the hashrosho always takes place well before Pesach and all winter crop is always yoshon by the time it is harvested. In the United States, spelt and rye are always winter crops and therefore are always yoshon. (Note that we are talking about the rye in the form of grain and not rye bread which also contains wheat flour.)
Barley and oats in the United States are almost all spring crops and are therefore subject to the issur of chodosh. Malt is a common food made from barley and the yoshon status of products containing malt is a subject by itself. Wheat is available in both spring and winter varieties.
From pesach to summer all is yoshon
All chodosh whose hashrosho took place before Pesach becomes yoshon on Pesach. Therefore, from Pesach until the harvest in the summer all grain is yoshon. The new spring crop of oats is not harvested until mid July, the new spring crop of wheat is not harvested until early August, and the new spring crop of barley is not harvested until end of August. Therefore, during the period from after Pesach until these times, one does not have to be concerned with chodosh.
Wheat
Hi gluten, Low gluten, and Medium gluten
Wheat grows in a number of varieties, each with different chemical properties. The property most crucial to bakers is the protein or gluten content. Flours can be divided into three groups: high gluten, low gluten, and medium gluten. High gluten flour is used for chewy products as opposed to crumbly ones. Examples of chewy products are bread, challah, and pizza. These are usually made from spring wheat. Low gluten flour is used for crumbly products, such as cookies, matzah, and pretzels. Low gluten flour is almost always from winter wheat. The third group, medium gluten flour, is made from both winter and spring wheats. They are used for pizza, challah, and also bread.
Durum
Another type of wheat is durum. It is used for pasta products. In the United States, except in Arizona, it is usually a spring crop. In some countries it is available as a winter crop.
Storage
The only way to provide spring wheat flour all year is to store it. Thus, most domestic bread, challah, pizza, and pasta is made from chodosh between the summer and the following pesach, unless it was made from the previous year's flour which was stored. Similarly, the only way to provide yoshon oats is to store it. Yoshon barley can be had either by storing it or by obtaining winter barley.
Just as an aside, today there is no problem with milbain – insect infestation, in stored flour, since flour is centrifuged which breaks microscopic eggs. However, there could be a problem with local infestation coming into the flour and there could be a problem with barley and oats.
Recent History – Current Status
Although among Ashkenazim, the general practice was to rely on a sofek whether something is chodosh or to rely on a shita which was not generally accepted by the poskim over the generations, it seems that there were always people who were careful and did not rely on these heteirim. Until about thirty or so years ago, it was generally believed that there was such a glut of wheat in the United States that the new crop did not get to the market until after the following Pesach. Nevetheless, there were some yechidim who did not rely on this. Noteworthy is Reb Aharon Soloveitchik Shlita who has required that products under his supervision be yoshon. There are as well some people in Beis Shraga who compiled files of information as to which products contain winter wheat, which spring wheat, and as of when the new crop was first used. About 25 years ago, Reb Yosef Herman of Monsey began to wonder about the status of chodosh and with the guidance of Reb Yaakov Kamenetzky zt''l and advice of Reb Moshe Feinstein zt''l, began to compile information to help people who were interested in keeping this mitzva. He began to publish a Guide to Chodosh as a confidential booklet with limited free distribution to those who wanted to keep the mitzva. This was in keeping with the advice of Reb Moshe, whom I suspect, had in mind the statement of the Remo in the name of the Rosh that"mutav sheyihiyu shogigim vlo maizidim," coupled with the fact that there practically wasn't any guaranteed yoshon flour available. This year the status of the booklet has changed. Based on the advice of contemporary poskim, it is now available for sale and is no longer confidential. The reason is that the availability of yoshon flour and yoshon products has mushroomed and, I must add, this was mainly due to Reb Yosef Herman's efforts in making people aware of the issue whereby consumer demand increased.
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