Rav Avrohom Yeshaya Cohen, Rosh Kollel of Kollel Ohel Yitzchok and Posek at The Bais HaVaad
Answer 1: Yes. There are several halachos he needs to be aware of.
First of all, we all know that on Shabbos there is a halacha called amira l'akum, which means that you cannot have a non-Jew do work for you. On Shabbos, that is an issur d'rabanan. On shemittah, however, many Rishonim hold that having a non-Jew do work on your land for you is assur m'doraysa. This is because the prohibition on shemittah is for any work to be done on your land, no matter who does it. In yeshivish parlance, it can be said that the issur is on the cheftza, rather than on the gavra.
Not only is it prohibited to ask a non-Jew to work on your land during shemittah, there is an obligation to tell him to stop if you are aware that he is working. Accordingly, if Reuven finds out that a non-Jewish caretaker is doing any kind of forbidden work on his tree, he must call him up and tell him to desist.
Secondly, there is a halacha that all agricultural land in Eretz Yisroel becomes hefker during the shemittah year. The Bais Yosef says that the land does not become hefker automatically. One must make a proclamation that he is being mafkir the land. The Mabit argues with the Bais Yosef and says that the land becomes hefker automatically and no action is needed on the part of the owner. According to the opinion of the Bais Yosef, Reuven would have to find out exactly how to make this proclamation and take the appropriate action, even though he lives in chutz la'aretz.
Thirdly, there is a halacha that it is forbidden to guard one's land during shemittah and everyone must be allowed to take fruits from the trees. Accordingly, Reuven would have to allow anyone who wants to pick fruit from his tree to do so, and he cannot allow any action to be taken to prevent people from doing so.
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Answer 2: The short answer is that whenever one buys any produce in Eretz Yisroel during shemittah, he must make sure you buy it from a store with a reliable hashgacha.
In reality, that is always the case in eretz Yisroel. In America, one may buy locally grown produce in any store (provided there are no issues of infestation), but in Eretz Yisroel one must be concerned about various mitzvos hateluyos ba'aretz, such as orlah, terumos and ma'asros. For this reason, one should always be careful to only purchase produce with a good hechsher whenever in Eretz Yisroel. During the shemittah year, one has to be extra concerned about shemittah issues.
If land is worked on in a forbidden manner during shemittah, the crops that grow as a result of that work are called ne'evad, and may not be consumed. If the field is guarded in a forbidden manner, the crops are deemed shamur, and are also forbidden. Furthermore, the Rabbanan decreed that if certain crops grow on their own, even though no forbidden work went into their growth, they may not be consumed.
This prohibition is known as sefichin. The Rabbanan enacted this decree because they saw that some people were illicitly working on their fields during shemittah and falsely claiming the crops grew on their own. The prohibition of sefichin primarily applies to vegetables and not to fruit.
Because of all these concerns, when in Eretz Yisrael one should not purchase any produce without a reliable hashgacha. When a hechsher is given during the shemittah year, the hashgacha is certifying that the produce is permitted to be eaten. This is possible in several ways.
- The hashgacha may be certifying that the produce grew outside the borders of Eretz Yisroel, and is, therefore, not subject to shemittah concerns. (It is important to point out that the Biblical borders of Eretz Yisroel, as delineated in Parshas Masei, are not the same as the borders of the modern-day State of Israel.)
- The second way that produce grown during shemittah may be permitted is dependent on a machlokes between the Bais Yosef and Mabit. The Bais Yosef rules that crops grown on land in Eretz Yisroel that is owned by non-Jews is permitted to be eaten and has no kedushas sheviis. For hundreds of years, the minhag in Yerushalayim has been to rely on this opinion of the Bais Yosef. Thus, a hashgacha may be certifying that produce was grown on land owned by non-Jews. The Mabit, however, says that such produce is forbidden and does have kedushas sheviis. The Chazon Ish was a strong proponent of this opinion and many people in Eretz Yisroel are stringent to follow this view.
Finally, one should be aware that even some produce that is permitted for consumption may contain kedushas sheviis, which means that it must be treated in a very specific way. A visitor to the land must be familiar as to how to treat such produce.
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