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Beit Midrash
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- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
- Family and Society
- Mitzvot of the Land of Israel
- Shmitta
Answer: We start with an overview of the agricultural mitzvot of Shemitta along with a brief analysis of the significance of obtaining land ownership.
The Rambam (Lo Ta’aseh 220-223) lists four such negative commandments, about: 1) working the land; 2) tending to the trees; 3) reaping the produce in the normal way; 4) harvesting fruit of the trees in the normal way. The prohibition of working the land applies even to one who does not own the land. There is a machloket whether there is a Torah prohibition on harvesting someone else’s field (Chazon Ish, Shvi’it 12:5 is lenient; Rav Auerbach, Ma’adanei Eretz 7:4 is stringent). In any case, the reward for refraining from aveirot is a function of the availability of and the temptation toward the aveira (see Kiddushin 39b with Rashi). One who owns a distant, small piece of land is not tempted to work it. Just as we would not suggest buying a donkey and bull to refrain from plowing with them together, the above is not a reason to obtain land before Shemitta.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
459 - Air Conditioner Drain Pipe during Shemitta
460 - Buying Land for Shemitta
461 - Children Hearing Shofar Blowing
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There is also a mitzva to deal properly with the fruit of trees and other things planted
before Shemitta, including treating them as ownerless (Aseh 134). While certain elements of the halachot of what to do with the fruit can also be fulfilled by non-landowners in Israel (beyond out present scope), buying a field certainly enhances the buyer’s ability to fulfill this mitzva.
Another gain of buying land is helping farmers keep Shemitta properly. Rav Kook (see his introduction to Shabbat Ha’aretz) and all other poskim who supported the heter mechira, did so for those who were unwilling or unable (without extreme financial hardship) to keep the mitzva as designed. Thus buying land from them helps interested farmers survive without needing to rely on the reluctantly provided leniencies. This is similar to giving ma’ot chitim to one who cannot afford mehadrin Pesach provisions or donating to "halachically improve" a mikveh. (One who rejects the heter mechira would view it as saving people from actual sin.) If the farmer would anyway not work the land, but with financial difficulty, buying from him is supporting a deserving person.
If one purchases the field at its value (including overhead), it is proper to not use ma’aser kesafim money, which is not for personal mitzvot one can afford (see Tzedaka U’mishpat 6:1). A donation (without buying land, or the part of the price that is beyond the land’s value) to an organization that helps farmers may be taken from ma’aser money (see ibid. 10).
While there are wonderful organizations to help with all sorts of tzedaka and mitzva needs, sometimes there are people "in the field" who plan to earn a lot of money in the process of providing a "quick mitzva fix." We therefore recommend that one check that he is either paying a modest fee for land ownership, if those elements speak to him, or better yet, joining up with known organizations that help farmers and enhance the observance of Shemitta, with or without technically buying a small plot of land.
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
