PERMISSIBILITY OF GRAFTED FRUIT

QUESTION:

Whereas mixtures of different cloths are prohibited (and also planting together and grafting different species are prohibited), the laws of kashruth do not follow through on the principle enunciated against mixtures. Thus we eat a variety of fruits that are hybrid in nature, such as nectarines (which are a combination of plum and peach). Please clarify this apparent discrepancy. (Asked by Rabbi Daniel Syme, New York.)

ANSWER:

FIRST OF ALL, it must be made clear that those who eat hybrid fruits are not doing so in disregard of the law. The fact is, the eating of hybrid fruits is not only not prohibited but is specifically permitted. Thus the Mishnah ( Kelaim 8:1) states definitely that while mixed plants are forbidden to be made or to be kept, the fruit is permitted to be eaten. So, too, Maimonides (Yad, Kelaim 1:7) says: “One who grafts trees of different species is to be punished [for the act of grafting], but the resulting fruit is permitted to be eaten.” This does seem to be a contradiction. How can it be forbidden to graft trees of different species and yet be permitted to eat of the fruit?

In order to answer this apparent discrepancy, the law should be traced from its beginning. The prohibition against such mixtures is given in two places in the Torah, Leviticus 19:19 and Deuteronomy 22:9-11. In his commentary to the passage in Leviticus, Rashi says that these laws have no known reason but are simply the decree of the King, which we must obey. A similar statement that there is no human logic to be found in the laws of mixture is made by Bachya in his Chovos Ha-L’Vovos (cited in Ozar Yisroel, article “Kelaim”). So it is difficult at the outset to explain these laws logically. One could leave the answer at that and say, following these two great scholars, that we should not be surprised at any lack of human logic with regard to these particular laws.

Nevertheless, if we follow the development of the law in sequence, we will see some reason for this permissibility. In the first place, the prohibition against mixing species of fruit trees is nowhere specifically mentioned in Scripture. This prohibition is assumed to be implied in the general prohibition of not sowing mixtures in the field, even though the term “sowing” usually means planting grain (cf. Yore Deah 2 9 5: 1 ) . Then, secondly, the Mishnah enumerates (Kelaim, chap. 1) various plants which are mutually dissimilar plants but which may be mixed since they are really of the same species. A second permission is to allow the planting together of the seeds of different species. What is prohibited with regard to trees is the grafting of a twig from a tree of one species to another. Any other planting together, as of seeds, would be permitted. The only prohibited act with regard to mixing tree species is the act of grafting. Moses Sofer, in a responsum (Yore Deah 288), has an interesting discussion which came as an answer to Jewish agriculturalists in Hungary. They would buy orchards of already mixed trees from Gentiles who planted and grafted them. Moses Sofer says that these Jewish agriculturalists may keep and use the fields and the fruit, but as a precaution he would suggest that the fruits be plucked by Gentile workmen. Then the fruits would be permitted.

To sum up, then, the following may be the reason why the Mishnah and Maimonides, etc., permit the eating of the fruits of grafted trees. First, the species brought together, though apparently dissimilar, are not dissimilar at all, and therefore may not be technically kelaim. Second, it may be that the mixture was brought about without actual grafting (as, I believe, we do with hybrid corn). Third, if the tree is to be grafted, a Jew is prohibited from doing the grafting, but if a Gentile did it of his own accord, the fruit is certainly permitted. All these considerations are, I believe, sufficient to explain the apparent discrepancy as to why the fruit of a prohibited action is permitted.