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Sheviis Chapter 8, Mishnah 3: Selling the Fruit of Shviis

Chavrusa Learning

Shevi'is Chapter 8, Mishnah 3. In the previous chapter we learned that one may not conduct business with Shemittah produce. Nevertheless, there are situations in which it is permitted to sell Shemittah produce - for example, someone who picked more than he needed for his own use and has a surplus left over may sell it. But the sale is subject to restrictions, and how and in what manner it is carried out is the subject of our mishnah.

The words of the mishnah:

"Ein mochrin peiros shevi'is lo b'middah, v'lo b'mishkal, v'lo b'minyan" - Shemittah produce may not be sold in the three precise manners of sale:

  • "Lo b'middah" - not by volume measure, whether by liquid measure or by dry measure.

  • "V'lo b'mishkal" - not by weighing.

  • "V'lo b'minyan" - not by counting the number of pieces of fruit.

The sale must be made by estimate alone.

"V'lo te'einim b'minyan, v'lo yarak b'mishkal":

One may not sell figs by number, even though merchants normally sell them by weight; and one may not sell vegetables by weight, even though they are normally sold by number. In other words, even if a person departs from the accepted practice and sells in a manner that is unusual for that type of produce, that is not enough, and it is still not permitted. The produce must be sold by estimate.

The dispute between Beis Shammai and Beis Hillel regarding bundles:

  • Beis Shammai say: "Af lo agudos" - the produce may not even be sold in bundles, but only unbundled.

  • And Beis Hillel say: "Es shedarko la'agod babayis - ogdin oso bashuk" - something that is normally bundled even in the house, meaning not for purposes of sale, may be bundled together in the marketplace as well when it is being sold.

For example, karnis and netz hechalav, two types of vegetables listed in the previous chapter as being subject to the laws of Shemittah.

In summary: In this mishnah we learned that even when it is permitted to sell surplus Shemittah produce, it may not be sold by measure, by weight or by number, but only by estimate; and even departing from the usual manner of sale (figs by number or vegetables by weight) does not help. Regarding bundles there is a dispute: according to Beis Shammai one may not sell in bundles at all, while according to Beis Hillel something that is normally bundled in the house may be bundled in the marketplace as well.