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5. Gidul Nachrim-Produce of a gentile grown in Israel:[1]
It is disputed amongst the Poskim as to the Kedusha status of products grown in Gentile owned lands within Eretz Yisrael. Some Poskim[2] rule that fruits grown by a gentile in Eretz Yisrael do not have a status of Shemita produce, as a gentile removes the holiness from the land. Others[3] rule that even produce grown by a gentile retains the holiness of Shemita and hence all Shemita regulations apply to their produce. Practically the vintage custom of Jerusalem and other communities in Eretz Yisrael follows the first opinion that it does not contain Kedushas Shevi’is.[4] [Majority of Hashgachas are lenient, including the Eida Hachareidis, and Harav Landau. However, Sheirios Yisrael is stringent.]
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[1] See Minchas Yerushalayim p. 74 and 137
[2] Kesef Mishneh Hilchos Shemita Veyovel 4:29; Avkas Rochel 24; Maharit 42; Radbaz 5:2225; Peas Hashulchan 23; See Teshuvos Rambam 22 that implies there is no Kedusha at all by produce of gentiles
[3] Mabit 1;11; 21; 217; 336; 2:64; 3:45; Chareidim Hakdama of Mitzvos Hateluya Baaretz; Chazon Ish
[4] Birkeiy Yosef 331; Peas Hashulchan ibid; Gra”ch Naah; Practically even the Mabit agrees that the custom is to be lenient; Minchas Yitzchak 6:128; 10:114
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