Shemita and the Land of Israel Today:
Ecological and Moral Perspectives
Parshat Bahar-Bechukotai
 
Leviticus 25:1 – 27:33/ Jeremiah 32:6 - 27

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Parshat Bahar-Bechukotai marks the conclusion of Leviticus. These final chapters must be viewed in the context of this entire book of the Torah, which is often referred to as Torat Kohanim, the Torah of the priests. Leviticus teaches us not only about Israel’s ancient priesthood but about Israel as a nation of priests and Israel as a priestly land. The final chapters of Leviticus define the nature of holiness. Parshat Kedoshim outlines the laws of personal holiness, Emor presents the laws of holiness for the priesthood and Bahar presents the laws of holiness for the land. These laws begin with the perspective that the land of Israel does not belong to the people but to God; the people must share the land and create a system of social and ecological renewal. The Sabbatical and the Jubilee years helped to redress economic and social inequities while giving the land a Sabbath just as the people have a Sabbath. In the final Parshah in Sefer Vayikra, the book of Leviticus, we find verses of admonition in which the people are told that there are consequences to their actions. The people are told that if they obey God’s commandments they will be given material blessings but if the fail to obey God’s commandments they will face fearful punishments and suffering.

At this time it seems especially appropriate to announce that I am going to take a short Sabbatical from preparing Torah Table Talk, having produced this column for almost three years. I hope to begin again in the fall with Parshat Bereshit. I would like to extend a special thank you to Buddy and Frances Brandt for underwriting this column for the last year, and to all of you who have shared your thoughts and comments with me on the weekly Parshah.

Leviticus 25: 2 – 7
When you enter the land that I assign to you, the land shall observe a Sabbath to the Lord. Six years you
may sow your field and six years you may prune your vineyard and gather in the yield. But in the seventh year the land shall have a Sabbath of complete rest, a Sabbath to the Lord: you shall not sow your field or prune your vineyard. You shall not reap the after growth of your harvest or gather the grapes of your untrimmed vines: it shall be a year of complete rest for the land. But you may eat whatever the land during its Sabbath will produce: you, your slaves, the hired and bound laborers who live with you, and your cattle and the beasts in your land may eat all its yield.

Rashi
Sabbath to the Lord: For the sake of the Lord, just as it is written regarding creation and the Sabbath (See Exodus 20:10 – Six days you shall labor and do all your work but the seventh day shall be a Sabbath to the Lord…for in six days the Lord made heaven and earth….).

Sefer Hachinuch, Parshat Bahar
There is another reason for [the Mitzvah of Shemita], that a person will put his trust in God, blessed be He. For anyone who finds the strength to give away to the world and to disown all the growth of his land and the inheritance of his fathers once every seven years, and is trained in this, he and his family, all his life -- the trait of stinginess will never strengthen in him much, nor will he lack trust.

Moses Maimonides, The Guide to the Perplexed 3:39
With regard to all the commandments that we have enumerated in Hilchot Shemita V’Yovel (Laws concerning the Sabbatical Year and the Jubilee), some are meant to lead to pity and help for all men as the Torah states: That the poor of the people may eat; and what they leave, the beasts of the field shall eat ... (Exodus 23:11) and are meant to make the earth more fertile and stronger through letting it fallow.

Rabbi David Golinkin and the Vaad Halachah approved unanimously in 1986
Question: How are we, a recently established kibbutz, to observe the Shmitah Year? Being a young agricultural community, we must now already plan next year's crops. We are also in the process of developing our public gardens, lawns and flowerbeds; this is not merely for our pleasure, but also in order to strengthen the ground, thus preventing erosion during the rainy season, which could damage our houses' sidewalks. Is it permissible to plant gardens and to build an irrigation system during the Shmitah Year? To what extent may one water the ground during a Shmitah Year? What is the argument in favor of observing the Shmitah Year in our time, and is the fact that our kibbutz was established a mere two years ago of any relevance?

Responsum: In the late nineteenth century, upon the resettling of the Land of Israel, similar questions were raised. As a result, many responsa, articles and books were written (for references, see the end of the Hebrew responsum). In this responsum we shall describe the two methods of observing the Shmitah Year in Israel today. We shall demonstrate the difficulties these methods involve, and suggest a new alternative.
   
The two methods of observing the Shmitah Year in Israel today derive from the Hazon Ish and from Rabbi Kook. Both presume that the laws of Shmitah in our time are of rabbinical origin, derabanan, rather than biblical, mide'oraita. The Shmitah method of the Hazon Ish abides by the Talmud, but is lenient in early sowing of the winter crops, hydroponics, etc. The farmers who follow this method are supported by Jews in the Diaspora, and benefit from financial subsidies during the Shmitah Year. Rabbi Kook's method, on the other hand, consists of selling the Land of Israel to a gentile for a period of two years, thus enabling it to be cultivated, even if only indirectly, and preferably by gentiles.
   
Both methods are unsatisfactory, and are in contradiction to the vision of Zionism. The State of Israel was not founded in order to be supported by, and financially benefit from, Diaspora Jewry. Thus, the first method is in accord with the ultra-orthodox tradition of the Haluka subsidies. The second method is even more surprising, coming from a religious-Zionist public - sell the Land of Israel to gentiles?!
   
A significant historical factor was completely ignored by the Hazon Ish, and only briefly mentioned by Rabbi Kook. He noted that at the early stages of the Zionist renewal in the Land of Israel, agricultural products served mainly for private use. In those days, abandoning the crops in the fields allowed for the poor to benefit from them. As times changed, agricultural cultivation became a considerable factor in the economic development and growth of the young State. Deserting the soil for a whole year would now entail severe economic hardships to large groups of Jews.
   
Since the vast majority of Israeli society today lives in urban centers and far from agricultural areas, and since agricultural products are grown mainly for export, the Shmitah restrictions of ancient times which reflect a simple, small-scale agricultural society, cannot serve us appropriately in our time. Moreover, both methods used in Israel today owe their success to the vast, secular majority of Israeli farmers, who serve as a Shabbas Goy for the religious public. This is an unacceptable situation, especially for the Religious Zionist and Masorti populations. An investigation of the Rishonim reveals that a large group of Rishonim - those of Provence - ruled that Shmitah in our day is neither biblical nor rabbinic but a midat hassidut, an act of piety. Therefore, we rule that the Shmitah Year be observed as a midat hassidut, as follows:
   
1. Sowing the winter crop before Rosh Hashanah;
2. Sowing grass and trees for gardens before Rosh Hashanah;
3. Whenever possible, avoid Biblically forbidden work, such as sowing, pruning, harvesting and ploughing. However, if one must carry out any of these tasks, one should try to do them with a Shinui, i.e by a different method than otherwise used;
4. Avoiding the planting or tending of gardens which are not otherwise required for preventing erosion during the rainy season.

It is also advisable to perform various symbolic and educational acts to enhance the awareness of the year being a Shmitah Year, such as:
- Planning the agricultural cycle to fit the six years between two Shmitah years.
- Leave one field as a "Shmitah corner" where all the laws of Shmitah will be observed.
- Hold public study sessions of the laws of Shmitah in the Mishnah, Maimonides and other sources.
- One of the ultimate goals of the Shmitah year is "that the poor of thy people may eat" (Exodus 23:11). It would be most appropriate for the Kibbutz to donate a part of the Shmitah year's profits to indigent people.

The Vaad Halachah, the Committee on Jewish law of the Rabbinical Assembly of Israel responds to questions posed by individuals and organizations in Israel regarding Jewish law. The original Responsum can be found in the proceedings of the Vaad, Volume 1. It can be found at the following web address http://www.responsafortoday.com/eng_index.html

Questions for Discussion
1. Most laws in the Torah apply equally in and out of the Land of Israel. What other laws only apply in the land of Israel? Why doesn’t the practice of Shemita apply to Jews living outside the Land of Israel? In what ways does the practice of Shemita strengthen the connection between the Jewish people and the land of Israel?

2. What is the reason for the practice Shemita according to Rashi, Maimonides and Sefer Hachinuch? How are the reasons they give different from one another? What connections are there between the different reasons each one gives for this practice?

3. There appears to be a connection between social and economic justice and the preservation of the environment in the practice of Shemita. How is this reflected in the Torah? How are the poor affected by the abuse of the environment?

4. The practice of Shemita has created some difficult problems in contemporary times as Jews have resettled in the land of Israel? How did the Hazon Ish and Rav Kook try to address these conflicts and problems? Why did Rabbi Golinkin not accept their solution to the problem of Shemita in modern times? What solution did he offer?

5. Given the fact that most observant Jews in Israel are unlikely to turn to the Masorti movement for Halachic solutions to their problems, why did Rabbi Golinkin and the Vaad Halachah go to the bother of issuing this Responsum? What does it say about our relation to the land of Israel as Masorti Jews?

“All it takes to study Torah is an open heart, a curious mind and a desire to grow a Jewish soul.”
Copyright 2006 Rabbi Mark B Greenspan