As we discussed in the first Shemita post, this Jewish year is a Sabbatical year (Shemita) for the Land of Israel. The Shemita year comes round every 7 years. It affects farmers and consumers in Israel and consumers outside of Israel as we will explain. It also affects the laws of loans but since that is not relevant until closer to the end of the Jewish year, we will focus on what is relevant now. Here are some brief notes.
What is the source and what does the Sabbatical consist of?
The Torah, in Vayikra/Leviticus 25:4-6 and Shemot/Exodus 34:21 lists various categories of agricultural activities which are proscribed during the Shemita year. Briefly defined, these are sowing, harvesting, pruning and reaping. This also includes flowers.
The Torah also says that the Shemita year is a 'Shabbat for the land, for you to eat'. The Mishna (Rosh Hashana 22a / 1:8) derives from this while produce that grows by itself can (or even perhaps should) be eaten, trading this produce for profit is forbidden.
The Mishna rules that somebody who trades in Shemita produce is even disqualified as a witness in certain fields (ho ho) of Jewish law.
Some background
Sefer HaChinuch, a book about the 613 mitzvot, writes about Shemita in Mitzvot 326 and 84. Briefly stated, he explains that the Shemita year is a time to renew our appreciation of the natural world and G-d's control of it, without us dominating it. It is a kind of year long Shabbat (perhaps a reason for the Torah describing Shemita as a 'Shabbat for the Land' and a 'Shabbat for G-d'.)
Just like on Shabbat we rest from dominating the world and show our belief that G-d is in charge, so too in Shemita we rest from our physical domination, concentrate on spiritual ideals and show our belief that G-d is in charge. The Torah promises that the Land will produce enough produce to help the people through the Shemita year.
How is Shemita observed in a modern economy?
A modern economy poses many challenges for Shemita. Here are some of the solutions.
Heter Mechira (selling the land to a non-Jew)
Whoa! selling the Land! This is probably the most controversial of the solutions. Firstly because it is not at all clear if the Land of Israel can be sold to non-Jews and secondly because it is not clear if this is an appropriate way to act in the Shemita year.
The main halachic basis of the Heter Mechira is the judicial opinion given by the great 16th century authority, Rabbi Yosaif Karo, author of the Shulchan Aruch, that land in Israel owned by non-Jews is not subject to the laws of the Shemita year.
The historical origins of the Heter Mechira are in the Shemita year of 1888-9. A small group of religious farmers in Israel (this obviously is way before the State of Israel) asled Rabbi Naftali Hertz, the Rav of Yafo/Jaffa if they could sell their land to a non-Jew prior to the Shemita year, akin to selling Chameitz before Pesach, to save them from economic ruin. Rabbi Hertz consulted with the famed Rabbi Yitchak Elchanan Spector of Kovno, probably the highest ranking Poseik in Europe.
Rabbi Spector, in the face of some opposition, allowed the farmers to sell the land to a non-Jew for that Shemita year only due to the great economic hardships that the farmers faced.
However, due to severe economic hardships in subsequent Shemita years, the Heter Mechira has been invoked each Shemita year since then by some Rabbis who felt it appropriate, in the face of oppostion from those who disagreed.
Famous proponents of the Heter Mechira have included Rabbi Avraham Yitzchak HaCohen Kook and Rabbi Chaim Berlin. The official policy of the Chief Rabbinate of Israel is to use the Heter Mechira, although there is still debate as we speak as to the validity of their position.
Despite the controversey of the Heter Mechira and the fact that it seems to bypass some of the goals of the Shemita year - be they environmental, religious or social - it is the best way to allow all farmers in Israel, however religious they are, to maintain some level of Shemita observance.
It also allows Israeli consumers to maintain some level of Shemita observance and is cannot compare to those farmers who simply ignore Shemita .
In addition, it helps these farmers to keep their hard won export markets. Another benefit of the Heter Mechira is that it helps those suffering from poverty, one of the principle reasons that Rabbi Spector allowed the Heter Mechira initially.
Otzar Beit Din
As we mentioned above, trading Shemita produce for profit is prohibited. The Otzar Beit Din is a device which declares all fields ownerless and under the control of a specially constituted Beit Din. This Beit Din appoints collectors to gather the produce that grows in the fields, bring the produce to a central location and sell them at the cost that it took to get the produce to the distribution centre. Therefore, there is no trading for profit.
This is a well accepted method of keeping Shemita. It allows farmers to keep the laws of Shemita in all its aspects and supply food for the population. In addition, any food collected by the Otzar Beit Din has Kedushat Shevi'it (explained in the middle of the link), which some judicial opinions see as a Mitzva to eat. However, since food with Kedushat Shevi'it must be consumed within the Land of Israel, Otzar Beit Din produce cannot be exported.
Non-Jewish Produce
The final way to observe Shemita is to rely on the opinion of Rabbi Yosaif Karo stated above and buy non-Jewish produce.
Shutting down of farms
Some farmers shut down farms.
Where does Shemita apply?
Shemita only applies within the Biblical borders of the Land of Israel. These are somewhat different to the borders of the State of Israel. Since Eilat and part of the Negev desert are outside of these borders, the laws of Shemita do not apply to these areas.
CONCLUSION
How does the agricultural side of Shemita affect us in London?
Each of these methods of keeping Shemita in a modern economy have their pros and cons. We could suggest that full observance of Shemita in a modern economy is a Mitzva that still requires further thought. To quote the renowned Rabbi Dr Aharon Lichtenstein in this important article, each Shemita cycle he feels caught 'between the hammer and the anvil' (Rabbi Lichtenstein has a Phd in English literature from Harvard - I would never have thought of that phrase!)
The food aspect of Shemita only affects us in the supermarket. Look here for the London Beth Din's Shemita advice in both update 1 and update 2 which are on the same page - this advice details how those who wish to observe Shemita in the UK should procede. Buy the Israeli produce that is permitted - this is a Mitzva - but do not buy that produce that may or does contravene Shemita.
The Heter Mechira is controversial, as we have discussed. If one does not need to rely on it, it would seem better not to and this is the position of the London Beth Din as shown at the links above.
The buying power of the London Jewish community does not affect Israel's market share of Shemita products. We should buy Israeli goods when they are permitted. This also show our support to those who observe Shemita as do charitable donations to support farmers who observe Otzar Beit Din or shut their farms.
Even though we do not observe Shemita in an expansive way in the Diaspora, the social, environmental and religious lessons should not be lost on us. Perhaps we should make sure to reflect this in our weekly observance of Shabbat.
If you have any questions please email me.
