By Rabbi Yair Hoffman
A number of Daf Yomi learners have brought up the following question: The Gemorah in Bava Basra 90b indicates clearly that fruits cannot be exported outside of Eretz Yisroel. How then can Esrogim, or wines be purchased from there?
The Gemorah there states:
The Sages taught: One may not export produce from Eretz Yisrael if it consists of items that sustenance, such as wines, oils, and flours, Rabbi Yehuda ben Beteira permits export in the case of wine, because lessens licentiousness [in Eretz Yisrael].
Not only is this a Gemorah, but the Rambam (Hilchos Mechira chap. 14) writes it and so does the Shulchan Aruch (CM 231:26).
The Shaarei Tzedek, authored by the Chayei Odom (in Chochmas Odom chapter 11) writes that this is even true if it is within the same malchus. During his time, Eretz Yisroel was controlled by the Ottoman empire. His explanation for the halacha is that since the majority of Eretz Yisroel’s residents are indigent, this will likely raise the prices of these items in Eretz Yisroel. The Chochmas Odom provides two exceptions – spices and items in small quantities.
The SMA (231:44) explains that this enactment was only made for Eretz Yisroel in order to promote the settling of the land in Eretz Yisroel.
It seems, however, that the leniency is based upon the words of Rav Yoseph Trani 1570-1630, the author of the Maharit. He writes (Vol. I Siman 127) that if it is for their benefit, it would be permitted no different than when we deal with Yesomim. Rav Shmuel Vosner zt”l (1913-2015), in his Shaivet HaLevi (Volume II #108) also writes that in current times, where there is enough to go around and if they did not export – it would go to waste – then they certainly never forbade it.
It would seem, however, that if the internal price within Eretz Yisroel would be affected the Gzeirah would be in force. If this is correct, and if our Gedolei HaPoskim would agree, perhaps legislation in Eretz Yisroel should be introduced to make sure that exports will not cause excess pricing in Israel itself. Just food for thought.
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One Response
“If this is correct, and if our Gedolei HaPoskim would agree, perhaps legislation in Eretz Yisroel should be introduced to make sure that exports will not cause excess pricing in Israel itself…”
The Zionist “State” of Israel is not “E”Y”, so the two should not be conflated as they typically are. Therefore, the pricing in Israel isn’t directly relevant to the gemara (e.g., “Eilat”). Moreover, there is no recognized legislative body in E”Y.
There is anyways zero heter to further be mischaber laRasha for the frum members of the Zionist parliament to bring this up in the Zionist parliament. The whole heter to have frum parliament members in the awesome chillul Hashem and moshav leitzim and heretics that is the Zionist parliament was only for “saving/defense” of the frum people there.
Rather, the gedolim would need to ensure that exports do not affect the pricing for those in E”Y (not the entire “State” of Israel, but rather those in E”Y specifically). If it did, then they would need to issue a kol korei to limit those exports accordingly.