Misva #303: “Hadash” – Eating New Grain Before the 16th of Nissan

The Torah in Parashat Emor (Vayikra 23:14) forbids partaking of the new grain harvested in the spring before the offering of the Omer sacrifice on the 16 th of Nissan (the second day of Pesach). This sacrifice included an Omer of the newly-harvested grain, and the offering of this sacrifice rendered the new grain permissible. The Torah forbids eating bread produced from the new grain before the offering of this sacrifice. The Sefer Ha’hinuch explains that since grain is the human being’s primary source of sustenance, it is proper to offer a portion of the new grain to G-d before partaking of it. Just as the Gemara teaches that eating before reciting a Beracha over the food is akin to “stealing,” as we eat before acknowledging G-d as the One who gives us our food, similarly, eating the new grain before offering a portion to G-d would be inappropriate. The Sefer Ha’hinuch writes that by waiting until the offering of this portion before partaking of the new grain, we become worthy of G-d’s blessings. The Omer offering was brought specifically from barley, which is the first of the five principal grains to ripen. In the times of the Bet Ha’mikdash, the people in Jerusalem – who knew when the Omer offering was brought – were permitted to eat Hadash (the new grain) immediately after the offering. Other areas, however, did not know when precisely the sacrifice was offered. They were required to wait until Hasot (Halachic midday), as they could assume that the Kohanim would not offer the sacrifice any later than midday. After the destruction of the Bet Ha’mikdash, we are to wait until the end of the 16 th of Nissan before eating the new grain. In the Diaspora, where an extra day of Yom Tob observed, the new grain remains forbidden Mi’de’rabbanan (by force of Rabbinic enactment) until the end of the 17 th of Nissan. The Sefer Ha’hinuch writes that this prohibition applies in all times and places, and to both males and females. One who partakes of the new grain before the end of the 16 th of Nissan has transgressed this prohibition and is liable to Malkut. The prohibition of Hadash is, unfortunately, neglected by many otherwise observant Jews. As mentioned, it is generally accepted that this prohibition applies even after the destruction of the Bet Ha’mikdash, and even in the Diaspora, and it is thus binding upon us even nowadays, wherever one lives. The Rama (Rav Moshe Isserles, Cracow, 1530-1572) famously suggested defending those who eat Hadash nowadays by proposing that grain which one purchases in stores might be subject to a “Sefek-Sefeka” (“double uncertainty”). First, this grain may actually have been from the previous year’s harvest, and thus became permissible on the 16 th of Nissan. And even if this grain is from the current year’s harvest, the Rama writes, it is possible that it had taken root three days or more before the 16 th of Nissan, in which case it became permissible on the 16 th of Nissan. Given these two possibilities, there is perhaps a basis for permitting grain which one purchases. Later writers, however, challenged the Rama’s theory, noting that this does not qualify as a “Sefek-Sefeka.” This is, essentially, a single Safek (uncertainty) – namely, whether or not the grain is Hadash. A situation of “Sefek-Sefeka” is one where we have two separate uncertainties as to whether or not something is allowed. In this case, there is only a single question – whether this grain was rendered permissible with the conclusion of the 16 th of Nissan. Therefore, as we deal with a Torah prohibition, we must act stringently. Indeed, many Poskim rule that one should refrain from grain unless he has ascertained that it is not Hadash.