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According to the majority opinion in the gemora, the איסור ספיחין is a Rabbinic prohibition to not eat shmitta produce, so that one does not secretly grow these things during shmitta(in violation of the torah probition of planting during shmitta), and then when caught eating them, claim they grew on their own , as the Rambam states:

ומדברי סופרים שיהיו כל הספיחים אסורין באכילה, ולמה גזרו עליהם מפני עוברי עבירה, שלא ילך ויזרע תבואה וקטניות וזרעוני גנה בתוך שדהו בסתר, וכשיצמח יאכל מהם ויאמר ספיחים הן, לפיכך אסרו כל הספיחים הצומחים בשביעית (משנה תורה לרמב"ם, ספר זרעים, הלכות שמיטה ויובל, פרק ד הלכה ב)

However, given that there are many many other excuses for how one could have gotten such produce without violating shmitta (as we see, there are plenty of vegetables in Israel during a shmitta year, due to either being from non-Jews, or from the sixth year, or any one of several other permitted sources), what good does it do to prohibit any? The person caught eating produce will simply say he got it from one of the sources that remain permitted.

torahmike
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  • They didn't have refrigeration, so there weren't sixth and seventh year fruits of the same species available at the same time. Gentile is a fair question I guess. – Double AA May 22 '22 at 02:31
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    Probably everyone in town knew you have the tomato field and if your field looks very full and suddenly looks empty and you then show up in the market selling tomatoes claiming you got it from a gentile three towns over it'll be suspicious. In short, people were much more aware where their food came from than most nowadays. – Double AA May 22 '22 at 02:33
  • Tosfos Pesachim 51B says that there’s a recognizable difference between those that grew in the 6th year vs those that grew in the 7th. As far as a non Jew selling, it would have to be a ger toshav which must of been somewhat rare and uncommon. – Chatzkel May 22 '22 at 02:58
  • @DoubleAA - Regarding sixth year produce , vegetables usually require refrigeration( unless pickled ) but grain doesn't...in fact the Torah promises that the sixth year produce will last 3 years (I'm assuming the Torah is not implying you live on fruits alone for three years). – torahmike May 22 '22 at 03:06
  • @Chatzkel very interesting source but it appears the Tosfos only says that by vegetables (what about grains/legumes?) – torahmike May 22 '22 at 03:21

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