Print this Article
The Prohibition of Hadash and its Practical Applications
Adapted from a Shiur by Rav Mordechai Lebhar שליט”א, Rosh Kollel LINK, Los Angeles and Posek for the SHC
In and Out of Eretz Yisrael
The Pasuk says[1] “Thou shall not eat bread, roasted grain, and fresh kernels until you bring the sacrifice of Hashem on this very day [the sixteenth of Nissan] ”. This means, that one is not permitted to eat from the crop of the new year until the sixteenth day of Nissan or, when applicable, the Omer sacrifice was brought.
The Tana’im in the Mishna[2] disagree whether this prohibition applies only in Eretz Yisrael or in Hutz La’Aretz as well. According to Tana Kama, this prohibition only applies in Eretz Yisrael from which the Omer sacrifice can be brought. Whereas, according to Ribbi El’azar it applies everywhere as the Pasuk implies: “B’Moshevotechem”, which he interprets to mean – “wherever you may live”.
Most Rishonim[3] follow the opinion of Ribbi El’azar, and maintain that the prohibition of Hadash applies everywhere. This is also the ruling of Maran[4].
The Rama’s Double-Doubt
The Rama[5], based on the Rosh, writes that even if this prohibition applies in Hutz La’Aretz, one may nevertheless rely on a Safek Sefeka – a double doubt – to permit eating grains which are not known to be Yashan. The double doubt is that this grain may very well be from the previous year, thus being considered Yashan, and even if it is from this year, it may have been planted before the sixteenth of Nissan, thus becoming permissible as Yashan even before it is available for consumption.[6]
Still, because the Rama was only lenient due to the shortage of Yashan grain in Europe of his times, but he does not disagree with Maran’s ruling, the Mishna Berura recommends[7] that one should try and keep Yashan even in Hutz La’Aretz. Many of the Chassidim are still lenient based on their Minhag back in Europe, and relying on the leniency of the Bach[8] who argues on the Shulhan Aruch and Rama ruling that Hadash only applies in Eretz Yisrael. While the Minhag in Sephardic communities is rarely discussed, perhaps this is because it was not difficult to obtain Yashan year-round, but it would only seem logical that they would follow Maran, who maintains that one must keep Yashan everywhere.
Relying on the Majority
Besides for the double-doubt of the Rama, the Maharikash [Ribbi Ya’akov Castro זצ”ל, Egypt, 16th century] writes that, when applicable, one may rely on a majority – “Rov” – of Yashan grain, not only when the majority of the grain available for consumption is Yashan, but even when one wants to eat a mixture of Yashan and Hadash[9].
It is important to note, that one may only relying on a double-doubt – as the one the Rama introduces – if one cannot easily verify the facts. Similarly, to rely on the Maharikash’s leniency, that the majority of the grain is Yashan one must investigate whether or not this is the case.
Practically Speaking
Although for many years, Hadash was not a problem in America because the grains available for consumption were always from previous years, in the past few years this has not been the case. Still, HaRav Shlomo Miller שליט”א in a letter to the author of this article wrote that the majority of flour and wheat in America is from Yashan wheat. [Buying grain products from Eretz Yisrael with a reliable Hechsher is never a problem, as the prohibition of Hadash clearly applies there, and the Kashrut agencies will make sure it is Yashan.]
Nevertheless, there are different types of grains that are used for various purposes, with greater likelihood of Hadash. In general, wheat and barley contain gluten which helps give them that elastic feel. Winter wheat – which is only available after it is already Yashan – will have less gluten, and therefore it is used for products that need to be more flaky or crumbly – such as cookies, pretzels, cakes etc. Many products will also be made out of winter wheat for the simple reason that it is much cheaper.
However, high-gluten flour, as well as macaroni products and other bread products are more likely to be made out of spring wheat – which may not be Yashan [the Yashan guide advises one to be machmir with these products[10]]. Barley and oats may also be problematic. If one wants to accept upon themselves this stringency, they would have to watch for products that have a high likelihood that they are made of Hadash [and should accept this stringency B’li Neder].
Sources:
[1] VaYikra 23:14
[2] Kiddushin 36b, Menahot 70b, end of Masechet Hallah
[3] Rif, Rambam, Rosh and many more
[4] Y.D. 293:2
[5] Ibid. Seif 3
[6] Many Aharonim (Mutzal M’Esh, Rav Akiva Eiger and more) discuss why this should be considered a double-doubt, when in essence there only a single doubt, namely, when was this grain planted? The Aruch HaShulhan offers an answer, that one may consider two doubts as a Safek Sefeka if each has its own implication. Since there is a difference – even within Yashan grain – between a current year’s grain and the previous year’s regarding the Omer sacrifice, which can only be brought from the grain of the current year, we may also add this to the Safek Sefeka.
[7] End of Hilchot Pessah
[8] Y.D. 293
[9] Many Aharonim ask that this seems to be a Davar Sh’Yesh Lo Mattirim – an Issur that is bound to become permissible – in which case the general rules of nullification in Rov do not apply. The K’reti U’Fleti (Y.D. 102), cited by Rav Moshe Feinstein in Igrot Moshe and others, writes that this is not a case of Davar Sh’Yesh Lo Mattirim because it is a “revolving” Issur. Although this particular grain will permanently turn from Issur to Heter on the sixteenth of Nissan, the general prohibition of Hadash always restarts.
[10] The author of this article contacted Goldstar flour and was told that they only use winter wheat.