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Beit Midrash
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- Chemdat Yamim
- Igrot Hare’aya
Recipient: Rav Shmuel Salant and Rav Chaim Berlin, the Chief Rabbis of Jerusalem
Igrot Hare’aya (200)
Beit Din Eretz Hemda - Gazit
161 - The Need to Sell the Land before Shemitta
162 - Shemitta for Fields of Grain and Vegetables
163 - Stamping Out a Challenge to a Moshava Rabbi
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Body: Recently, I received a letter from a dear talmid chacham from the dear sons of Zion, in which it says that you, great Torah giants, had a thought of implementing an idea in connection to the upcoming Shemitta year. It focused on the idea of following the laws of Shemitta without relying on difficult leniencies that require uprooting this holy mitzva, to which we have been looking longingly from the time we were exiled from our Land and distanced from our holy soil. I am coming merely to notify you that I too am ready to be a young man holding on to the bottom of the cloaks of the holy Torah giants and to join in this difficult work of purity with Hashem’s help and without making it an oath.
It is a simple matter that after all of the arduous steps that we hope Hashem, who chooses the Desired Land to give it to His nation so that we can observes His laws and testaments, will enable us to take, we will not be able to escape the need to use the Heter Mechira (leniency of selling land to non-Jews for the Shemitta year). This applies at least to most of the orchards and the vineyards, because severing the connections with exporters for one year could, Heaven forbid, devastate the commercial standing for years to come. In such a case, we say that one cannot learn what to do from a case where there are options to a case where there are no options (i.e., there is no way we can rule stringently).
In contrast, regarding all of the fields dedicated to vegetables and grains, the situation is different. First, the halachic situation is much more stringent in these fields, [which require sowing and other agricultural work on a yearly basis, for which there are not many significant possible leniencies]. This is different from orchards and vineyards [which are planted before Shemitta], where most of the work is just to protect the trees, and there are several possibilities to permit the work according to complex halachic analysis, which this is not the place to get into.
In regard to commerce with the fruit and exporting the holy fruit to the Diaspora, there are some ways to contemplate leniency, upon which one can rely in a situation of great need, as we are now in, along with the Heter Mechira. However, regarding fields that need to be planted, not only are the halachic problems more severe, but there is no problem about loss for subsequent years [because the produce is for local consumption]. Therefore, it is worthwhile for us to make the effort to call out with a strong voice to our brothers who observe Torah and mitzvot with love, that they should make donations to strengthen the financial situation of those who will refrain from plowing and harvesting. If Hashem will give us success, it will be a wonderful start toward implementing the mitzva of the rest of the land within the Nation of Hashem who work the holy soil.
I hereby take leave of your "holy faces" with expectation for your pure response. May Hashem help us to bring honor to His Name, which is connected to His nation and His lot.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Description of New Yeshiva’s Goals to a Supporter – #328
Date and Place: 12 Elul 5670 (1910), Yafo
Igrot Hare’aya Possibilities of Creating Religious Moshavot – #284 – part II
Date and Place: 1 Adar II, 5670 (1910), Yafo
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