A Scallion Grows in RBS

Question:

Strangely enough, a scallion plant sprouted in the middle of our lawn after Rosh Hashonoh. I have no idea when it took root, but chances are it was before Rosh Hashonoh (I am guessing it came in with the grass).

Due to the uncertainty, should I assume that issur sefichim applies to it? If it is forbidden to eat, must I still consider it to have kedushas shevi'is and treat it accordingly?

Answer:

The issur of sefichim is a big machlokes, with six major opinions as to what it covers. The opinion to which you allude (that it applies to vegetables that took root on or after Rosh Hashonoh) might be one way of interpreting the words of Rabbeinu Shimshon, but it is not the classical understanding of his opinion and his opinion is not accepted as halochoh anyway. (The Chazon Ish and Rav Shlomo Zalman did not understand the Rash that way.)

The six opinions are as follows:

1. The issur applies to vegetables that began to grow on or after Rosh Hashonoh (Rash). This may be when they took root, as you think, but he does not say so explicitly.[1]
2. The issur applies to vegetables that ripened on or after Rosh Hashonoh (Ramban).
3. The issur applies to vegetables that became edible on or after Rosh Hashonoh. (This is how Rav Shlomo Zalman Auerbach understood the Rash; see Minchas Shlomo, simanim 49 and 50.)[2]
4. If a vegetable is picked during shemittah, the issur sefichim applies to it (Rambam, Shemitta 4:12).
5. If most of the growth took place during the sixth year, even if it was harvested in the seventh year, it is not forbidden as sefichim. Most of its growth must take place during shemittoh for the issur to apply (Tosfos, Kiddushin 3a).
6. The issur applies to vegetables that began to sprout above the surface of the ground on or after Rosh Hashonoh (Chazon Ish 9:17, s. v. yerek, explaining the opinion of the Rash).

The prevalent custom is be lenient and follow the opinion quoted in the name of the Chazon Ish (no. 6).[3] Thus, you have to figure whether the scallion began to come out of the ground before or after Rosh Hashonoh. You indicated in your question that it sprouted after Rosh Hashonoh.[4]

Consequently, according to the Rambam (Shemittoh 4:3) you may not even pick it even though you have no intention of eating it. Aside from the prohibition on eating sefichim, there is a separate prohibition on picking them due to concern that one may come to eat them. However, the Chazon Ish qualified that position, ruling that the restriction on picking sefichim applies only when the intention is to eat them (Chazon Ish 9:4). All poskim agree, however, that it is permitted, and even a mitzvah, to remove sefichim and arrange for them to become inedible.[5]

Sefichim are just as assur as any other issur derabonon and will treif your pots and knives.

Sefichim harvested during shemittoh also have kedushas shevi'is. The added gezeiroh miderabonon of sefichim does not affect their original status as produce that has kedushas shevi'is. Therefore, the preferred thing to do with the scallion is to pull it out of the lawn and leave it there to rot. (Bringing it into the house may be a violation of the prohibition on picking sefichim since someone might come to eat it.) If you wish to bring it home and either dispose of it in your pach shemittoh or use it for decoration, you can rely on the opinion of the Chazon Ish, who does not forbid the harvesting of sefichim that one does not intend to eat.

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