Rav Ovadia Yosef (Yalkut Yosef Yoreh Deah 293) notes that Maran, Rav Yosef Karo, adopts the strict approach to Chadash, that the prohibition applies even in Chutz LaAretz and even to grain grown by a non-Jew. Yalkut Yosef concludes that Sephardic Jews should adopt the strict approach in regards to Chadash, in accordance with the ruling of Rav Karo.
A leading American Sephardic Rav told me that he does not understand why Chacham Ovadia adopts such a strong stance rejecting the Rama’s Sefeik Sefeika approach. After all, this rabbi noted, Rav Yosef is renowned for his liberal usage and application of Sefeik Sefeika. For example, Chacham Ovadia permits Sephardic Jews in case of great need to eat meat that is Glatt/Halak by Ashkenazic standards but not by Sephardic standards based on a Sefeik Sefeika (Teshuvot Yabia Omer 5: Yoreh Deah 3).
Why then in regard to Chadash does he reject a Sefeik Sefeika articulated by the Rama? Why cannot a similar Sefeik Sefeika be made that perhaps the Bach (or one of the other lenient approaches to Chadash) is correct and perhaps the grain one is consuming is Yashan? In fact, this rabbi notes that the Kaf HaChaim (Orach Chaim 499:110) cites and endorses the defense of those who adopt a lenient approach to Chadash (although he strongly encourages one to follow the strict opinion whenever possible).
Rav Amar defended Rav Ovadia that it is a Safeik regarding which facts can be determined (Efshar L’Hitbareir). Accordingly, since it can be readily determined whether a product is Chadash or not based on a product’s production date stamped on the item, the Rama’s Sefeik Sefeika no longer is relevant. Thus, Rav Amar reinforces Rav Yosef’s strict stance regarding Chadash.
The leading American Sephardic rabbi countered that in his investigation of the facts, it emerges that the production date only informs consumers when the product was made but not whether the item was made from grain that is Yashan. The Rav did note, though, that some disagree and insist that the situation is Efshar LeHitbareir based on the food production date stamp. This Rav notes that this is a dispute among leading North American Rabbanim (Rav Moshe Heinemann and Rav Shlomo Miller) about reality, regarding which it is impossible to determine who is actually correct. Thus, the matter remains as a Safeik and thus the Rama’s Sefeik Sefeika remains in effect even for Sephardic Jews in case of great need. Moreover, the Peri Chadash validates a Sefeik Sefeika even if it is Efshar L’Hitbareir.
