The publication of a notice by the Center for Halachic
Agriculture brought numerous questions. Rabbonim from the
Kashrus Lemehadrin organization would like to clarify the
matter as follows:
Until recently we encountered almost no incidents that raised
concerns regarding kela'ei hakerem, and even if there
were incidents, they were very rare. In Arab farming,
however, it is relatively common (see responsa by the
Maharshdam, 193). Due to the shortage of growing space and
manpower the farmer makes use of the area for several types
of crops, particularly during the winter when the vineyard is
dormant and the land and infrastructures can be used to plant
winter vegetables normally cultivated in fields. (When
traveling to the gravesites of the Avos in Hevron one can
sometimes see this clearly along the way.)
In light of the difficult conditions in agriculture recently,
we have identified a trend among certain farmers in the
Jewish sector to try to grow field crops in vineyards during
the winter months.
The sugyo of kela'ei hakerem is very complex
from a halachic standpoint and the Rishonim disagree on many
points. There are cases in which all of the crops are
prohibited mide'Oraiso—both the grapes and the
vegetables—and there are cases in which even if they
have not yet reached the stage of growth known as
hekdesh (because the posuk that prohibits it
reads "pen tikdash), according to some Rishonim the
vegetables will be prohibited while the grapes will be
permitted.
Recently, over the course of a short period of time, we have
received a number of reports on this type of cultivation. In
one case an inspector sent by Torah-Based Agriculture
reported that while overseeing the arrival of seedlings and
vines (bi-annually) in the Jordan Valley he found several
vineyards with field crops. An in-depth inquiry revealed
several farmers in the area cultivate red and dark green bell
peppers in vineyards. (Some farmers grow them inside special
hothouses, which makes the prohibition more severe.) We
received other reports from the Central Region (the Padia
area) of onions growing inside the vineyards.
In light of a succession of reports within a matter of days
from mashgichim in the field there are concerns this
is becoming a widespread practice and could cause problems
regarding the supply of kosher vegetables, which is
especially relevant to kashrus organizations that do not
dispatch mashgichim to the packaging houses and the
growing sites, but receive vegetables at wholesale warehouses
(to separate trumos umaaseros) without knowing about
their origins.
Although apparently problems only arise in a minority of
cases, for the public's sake we have decided to make the
situation known; every kashrus organization will act in
accordance with the instructions issued by its rabbonim.
In accordance with the horo'oh of Maran HaRav
Eliashiv, shlita, we are making every effort, with the
help of the mashgichim in the field, to oversee and
prevent the sale of vegetables at stores under our
supervision.
