The prohibition of ḥadash applies to the five grain species from which bread is made: wheat, barley, spelt, oats, and rye, as the verse states (Vayikra 23:14): “You shall eat neither bread, nor parched grain, nor fresh grain until this very day.” Bread is made from flour produced from these five grains, which are capable of becoming ḥametz. If dough made from them is left to stand, it ferments, allowing it to become fine bread, the staple of human nourishment. By contrast, if the dough is kneaded and baked quickly, before it has time to ferment, it becomes “bread of affliction” (leḥem oni) – the matza we are commanded to eat on Pesaḥ (Menaḥot 70a–b).
Ḥadash – grain subject to the prohibition of the new crop – may not be eaten, but one may derive benefit from it. Therefore, one may feed ḥadash to animals (Mishna, Menaḥot 10:8; Pesaḥim 23a). Likewise, one may sell ḥadash to a gentile, provided there is no concern that Jews will come to eat it.
The Torah specifies “bread, parched grain, and fresh grain” to teach that new grain is prohibited in every edible form. “Bread” is the most refined form, since its preparation requires grinding the kernels, kneading the flour with water, and baking the dough. “Parched grain” (kali) refers to kernels roasted over fire, while “fresh grain” (karmel) refers to raw kernels eaten as they are. Cooked dishes made from new grain are included in the prohibition as well, since the prohibition of ḥadash takes effect once the grain has reached the stage of karmel, and cooking does not remove that status. The prohibition also includes all flour products, such as bran, coarse bran, starch, and gluten, as well as oatmeal, which is made from crushed oats. Beverages produced from new grain are included as well, whether made by pressing, cooking, or brewing – such as beer and other grain-based drinks.[1]
Any grain that had taken root by the 16th of Nisan – even if it had not yet emerged above ground – is permitted on the day of the Omer. Grain that had not taken root by the 16th of Nisan is not permitted by the Omer that year and remains forbidden until the Omer of the following year. Grain seeds are presumed to take root in the soil two weeks after they are sown (Dagul Me-Revava; R. Akiva Eiger). Some authorities maintain that grain takes root within only three days of sowing (Terumat Ha-deshen). Since this is a Torah prohibition, the halakha follows the stringent view. However, if it is known with certainty that the grain took root before the 16th of Nisan, it becomes permitted on the day of the Omer even if two full weeks have not passed since sowing (see Yerushalmi, Shevi’it 2:4).
The prohibition of ḥadash applies to all grain, including grain grown in an unperforated pot or in water (Rashash to Pesaḥim 36b; Divrei David, vol. 4, YD 50:2).
Grain kernels that became permitted on the day of the Omer may be sprouted, and the leaves that grow from them may be eaten without waiting for the next Omer. The prohibition of ḥadash applies to the kernels themselves, even before they have reached one-third of their growth; it does not apply to the stalks (Sha’agat Aryeh, Ḥadash §4).
[1]. The Sages state that one who violates this prohibition by eating an olive-bulk of bread, an olive-bulk of parched grain, and an olive-bulk of fresh grain is liable for three sets of lashes (Keritot 5a). Likewise, one who eats a cooked dish made from new grain violates a Torah prohibition and is liable for lashes; since the prohibition already took effect when the grain was in the stage of karmel, grinding and cooking it do not remove the prohibition (Ḥatam Sofer, YD 114; see Har Tzvi, YD 239).
One who drinks a beverage made from new grain violates a Torah prohibition but is not subject to lashes. Only wine and oil are treated as equivalent to the fruit itself; liquids extracted from other produce do not have that status for purposes of lashes (MT, Laws of Forbidden Foods 10:22; see Peninei Halakha: Shabbat 12, note 13). Some authorities maintain that a beverage derived from ḥadash is prohibited only rabbinically, since it is not the grain itself but merely liquid extracted from it (Mishkenot Yaakov, YD 68; Penei Yehoshua, Kuntres Aḥaron to Kiddushin). Leḥem Mishneh to Mishna, Terumot 11:2 goes further and maintains that such beverages are permitted. However, the overwhelming majority of authorities maintain that beverages made from ḥadash are prohibited by Torah law (Maharam of Rothenburg; Rosh; Semag; Rokeaḥ; Ḥakham Tzvi §20; Shev Yaakov §61; Sha’agat Aryeh Ha-ḥadashot, Ḥadash §13; Ḥok Yaakov 489:22; AHS YD 293:23–27).
