The Shmitta Tragedy

Here's a letter to the Star-K, received via my good friend, Amshinover.

Dear Star-K:

I was very taken aback by the information on your website (and in the mailing that I received from you) about shmitta. I quote:

"Since it's inception the Chief Rabbinate of Israel has sold the land every shmitta. However, now there are many Rabbanim who question whether the situation warrants the sale. In addition, for the consumer there is another more serious problem: The produce that is sold in the regular stores during the year of shmitta predominantly comes from non-religious kibbutzim and moshavim who would never agree to sell their land. This is compounded with the fact that the non-religious kibbutzim don't observe those prohibitions which Harav Kook instituted, and Harav Kook never permitted their current practices. Certainly, a tourist who is not knowledgeable about the dinim of shmitta should buy produce only from shmitta free stores."

Do you have any basis for the claim that the produce in the stores here in Israel is "predominantly" not heter mekhirah? That is certainly not what I see here in Israel. Do you have any basis for the claim that non religious kibbutzim and moshavim would never agree to sell their land? What is the basis for such a sweeping insult of Jews who farm the lands of Eretz Yisrael?

The information that I have from rabbis who support the heter mekhirah is that the entire country has been included. From opponents of the heter I have heard the strange argument that since the farmers don't really mean the sale, it is therefore invalid. But I wonder whether when the Star-K tells me that some large company has sold their chametz for Pesach, the Star-K is thus assuring me that the owners really had gemirut da'at about the sale.

I consider it very upsetting that the Star-K has maligned so many learned rabbis, hard-working farmers and honest store-owners here in Israel.

*******

Jerusalem

The following lecture from R' Aharon Lichtenstein addresses the conflict of shmitta today. Absolutely worth reading it in it's entirety.

More than any other mitzva, shemitta expresses our helpless inability to bridge the gap between reality and the ideal Halakha. Regarding this mitzva in particular, the pain of both the Almighty and Kenesset Yisrael is palpable...

Shemitta branches out into several halakhic areas: forbidden work and the required cessation from prohibited activity, similar to Shabbat; prohibitions regarding eating and commerce, resembling kashrut; the conferral of a status of sanctity and specific designation on the produce, like that conferred upon teruma and ma'aser sheni. In addition to the strictly halakhic dimension, the laws embody and reflect a network of values. We need not dig deep for reasons underlying this mitzva; they are obvious and self-evident. We may easily discern at least three aspects of this institution. Like the weekly Sabbath, the septennial Sabbath of the land infuses us with an awareness of the exclusive and absolute authority and control of the Almighty. It also absolves the farmer of the pressures of material life for the purpose of enabling him to devote more time to spiritual pursuits. Additionally, shemitta features a strictly democratic aspect, equating young and old, rich and poor, and, to some extent, even man and beast: “But you may eat whatever the land during its Sabbath will produce - you, your servant, your maidservant, your hired and live-in laborers who live with you, and your cattle and the beasts in your land shall eat all its yield” (Vayikra 25:6-7).

What remains today of this spectacular vision? Virtually nothing. The transition from an agrarian to industrial economy eliminated, for the vast majority of society, the direct relevance of the forbidden agricultural activities. Yet, in this area the situation is relatively good; most of us neither circumvent nor distort the prohibitions. We simply, to our good fortune, do not encounter them. However, regarding the prohibitions pertaining to eating and the sacred status of the produce, the situation is ten times worse...

I suggest you read the entire lecture -- it's that good.


Wherever I am, my blog turns towards Eretz Yisrael

Matters of Lettuce, Life and Death

The upcoming Jewish year (only 4 months away) is the 7th year of the 7 year Sabbatical cycle of Eretz Yisrael.

During the 7th year, the "Shmitta" year, Jewish residents of Israel are forbidden to work the land, and rely on G-d's promise of an abundance of produce the previous year -- and take a step back, relax and study Torah. The idea is similar to that of "Shabbat", the 7th day of the week, when we are commanded to rest from work.

In our modern era of mass produced agriculture, we find ourselves with luxuries that didn't exist thousands of years ago; supermarkets, retail produce available at affordable prices, and an availability of produce never dreamed of even a few hundred years ago.

Options for Shmitta observance in Israel include:

"Heter Mechira" (Permission to Sell)": Similar to a halachik Jewish-legal method, "Heter Iska" instituted by great Rabbis over 100 years ago (Rav Yitzcah Elchonon and others) due to the extremely difficult financial situation of the small yishuv in Israel at the time and was continued by R' Kook, one of the leading rabbis in Israel about 80 years ago. This "heter" (permission) allows for only the top soil to be sold to a non-Jew, thereby all the produce is harvested from non-Jewish owned land. After Shmitta the land is sold back to its Jewish owner.

Problem: There are many who frown upon this permission, saying it's either not applicable at all (there were great Rabbis who disagreed completely with the heter to begin with i.e. Chazon Ish, Beit Halevi, Netziv and more… ); R' Kook only instituted this solution for a specific year, and it would need to reexamined by a Beit Din on a year-by year basis; and R' Kook instituted this for years when no alternative, "better" solutions could be found. For more information on Heter Mechira, its issues and controversy, please see this excellent article by R' Howard Jachter.


Otzar Beit Din. This is the standard partial solution that Halacha (Jewish Law) provides, in which the land becomes the property of Beit Din, a Jewish court, and Jewish farmers act as emissaries of the court, thereby they aren't working their own land. The produce can be sold by the Beit Din at cost, and in turn, the Beit Din pays the farmers for cost and not at profit. The produce still retains "Kedushat Shevi'it" -- the holiness of the Shmitta year (as opposed to "Heter Mechira")

Problem: Not enough farmers engage in such a solution, therefore, not enough produce exists.


Buying produce from non-Jews. Some organizations buy produce from non Jews in Europe and other places outside of Israel. The Eida Chareidis, an ultra-Orthodox oragnization has just contracted a multi-million dollar deal with the Palestinian Authority to receive produce from Gaza.

Problem: Money to the Palestinian Authority is quickly converted to guns, bullets and Qassam rockets which are routinely shot at Israelies.

The Chief Rabbinate has called on all the bodies that issue kashrut certificates in Israel to refrain from purchasing fruits and vegetables from Palestinian farmers during the next year, which is set to be Sabbatical year (shnat shmita), for fear the proceeds will be used for funding terror. (From YNET this past week)

As a side point, it's hypocritical for some to buy from Gaza or West Bank Palestinians all year round for a cheaper price, and then beat their chests at those who only buy from Palestinians during Shmitta.

So what does the Jewish resident of Israel do? Another solution exists;

Otzar Haaretz (Treasure of the Land):

The Torah and Land Institute, which used to operate in Gush Katif up until the disengagement, has set up a system called Otzar Haaretz (treasure of the land), which offers kosher marketing of fruits and vegetables during a shnat shmita [and does not rely on Heter Mechira]

Driven by Zionist motives and founded on agrotechnical innovations, the new system aims to strengthen Jewish cultivation of land in Israel, contrary to the strictly Orthodox kashrut committees, which approve only the purchasing of produce from non-Jews during the fallow year.

Many prominent rabbis have given their blessing to this move, including former chief rabbis Avraham Shapira and Mordechai Eliyahu. (from YNET)

Otzar Haaretz plans to provide fruits and vegetables from sources such as:

1. Produce grown in greenhouses, where the soil is physically detached from the ground, thereby the produce is not "grown on the land"

2. Produce grown using "Otzar Beit Din" (see above)

3. Produce grown during the sixth year whose shelf-life has been prolonged.

4. Produce from the Arava, (regions in Southern Israel which are outside the Biblical borders of Israel, and therefore, Shmitta does not apply there)

To get produce from the Otzar Ha'aretz program, you need to sign up in advance (to help ensure the money goes to the farmers), and for every 50 NIS you give Otzar Haaretz, you receive a 50 NIS voucher to buy produce during the Shmitta year. The initial outlay is 50 NIS, so if things don't work out, your maximum liability is 50 NIS. Other than that, you pay for the vouchers on a monthly basis.

Problem: For this to be successful, enough people need to sign up in advance, guaranteeing enough Otzar Haaretz produce for those that want to observe Shmitta in this matter. If this as important to you, and you would like to be able to buy Otzar Haaretz produce during the Shmitta year, please call them at 08-684-7325 or 1-700-709-177, or by e-mail otzarhaaretz at gmail.com

When you sign up, you are guaranteeing that you'll buy at least 50 NIS of stuff per month. (You can of course buy more).

"The idea is that they need to get an idea as to how many people are interested, and even more important for us locally, WHERE people are interested." (from the Ramat Beit Shemesh mailing list)

Additional Info: The Institute for Torah and the Land

The institute was established twenty-one years ago in Gush Katif, in order to provide guidance to Jewish farmers who want to fully observe the mitzvot related to the land, especially in view of modern technological developments in agriculture and agricultural mechanization. The institute is deeply involved in the halachic and conceptual approach of Rabbi A.Y. Kook and his disciple, the late Rabbi Shaul Yisraeli. It operates under the guidance of the former chief rabbis, Shapiro and Eliyahu, who advise the staff and the rabbis of the institute in practical matters. The heads of the institute are Rabbi Yaacov Ariel and Rabbi Yigal Kamintsky.

During the six years of planting, the staff of the institute advises farmers in such matters as identifying specific species, kela`im (intermingling of species), orlah, terumah, and maaser. As part of this activity, the ``Beit Ha`Otzer`` fund, which provides a practical way to observe the mitzvot of Maaser Rishon (given to a Levi), Maaser Ani (for poor people), and redemption of Maaser Sheini. Beit Ha`Otzer serves thousands of people throughout our land, giving them a simple way to observe the mitzvot of maaser and terumah. The rabbis of the institute have responded to dozens of questions from all around the country, in addition to writing books and teaching about the mitzvot that are related to the land.

One year is special in every seven year cycle, and that is next year, 5768, which is Shemitta. This has many complicated laws. The institute has taken on several central tasks as the next Shemitta year approaches: To publish the full text of the book by Rabbi A.Y. Kook, ``Shabbat Ha`Aretz,`` from handwritten manuscripts, and to educate about the laws of Shemitta, printing both scholarly rabbinic texts and summaries for the general public, using modern audio-visual techniques. The objective of all the work is to benefit Jewish farmers.

Next year will be the first one that the institute does not operate from its natural site, in Gush Katif. The expulsion that we experienced did not curtail our spirit, and as preparation for the Shemitta we have established an organization known as "Otzar Haaretz." This will provide consumers with fruits and vegetables mainly from Jewish farmers who observe the laws of Shemitta, in order to encourage Jewish farming within our land. It will provide fruits and vegetables exclusively from Jewish and not Gentile sources.

Otzar Haaretz, which was established under the guidance of four rabbis – Shapiro, Eliyahu, Lior, and Ariel – sees as its objective to raise the spiritual level of Yisrael to new heights, both in observance of the laws of Shemitta and in increasing contact within the nation, specifically between food producer and consumer. The greater the number of consumers who are willing to observe the laws of Shemitta, the more farmers will be privileged to observe Shemitta and its laws. The result will be ever greater amounts of fruits and vegetables that have the sanctity of Shemitta. It is a mitzva to eat produce that has Shemitta sanctity. There are those who wash their hands before eating fruit from Eretz Yisrael, and during Shemitta there is an additional element of added holiness. We should make an effort to reveal the sanctity of the fruits of Eretz Yisrael.

The public is encouraged to support the farmers by signing up to the "Otzar Haaretz." Details are available by phone, at: 1-700-703-177

Note: I am not affiliated in any way with Otzar Haaretz, but I have signed up to join their produce program for Shmitta, and personally think its an excellent way to observe Shmitta, a way to continue supporting Jewish agriculture in Israel, all without giving a single Shekel to terrorists.





Wherever I am, my blog turns towards Eretz Yisrael