Keeping Shemitta Partially – #272 | Beit Din Eretz Hemda - Gazit | Beit Midrash

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Recipient : Rav Yitzchak Isaac Halevi, author of Dorot Harishonim and an important leader in Agudat Yisrael, who exchanged many letters with Rav Kook.

Body : The idea [you mentioned] of fulfilling the mitzva of Shemitta partially by not cultivating all of the possible land was raised and accepted in the past by the Chacham Bashi (Sephardic Chief Rabbi) Hagaon Harav Elyashar z"l of Yerushalayim. He did not employ your reasoning.
The way I look at it, if we do not cultivate a set percentage of fields, it will make the arrangement seem like a set system and give the impression that this is the proper way to fulfill the mitzva of Shemitta. Therefore, I expanded the degree of strictness, so that the following is the way we remind people that the mitzva of Shemitta is binding.
Even after the leniency based on the sale of the land, we permit working the fields only for that which is needed to keep the agricultural settlements viable. Every settlement has many plots, much more than a dunam per farmer, that are not needed for their survival. This includes gardens for beauty and certain produce that is not critical to the settlements’ economy. Certainly, uncultivated land is not included in the sale. In regard to these areas, the mitzva is fulfilled and it at least enables the existence of the laws of Shemitta to not be forgotten. This forces people to ask expert rabbis questions about the details. Certainly, the rulings depend on how pressing the needs are, and this reinforces the feeling that we have to try our hardest to fulfill the mitzva as completely as possible and the realization that the leniency of the sale is due to the pressing circumstances. This is more felt in the way we are doing it in comparison to setting a fixed percentage of land that is not used.
[We will skip over a paragraph dealing cryptically with Tamudic sources on these matters.] As far as whether the mitzva is considered "uprooted," the matter depends on various opinions. If the [laws of Shemitta in our times] are Rabbinic, then part of the mitzva is fulfilled by the fact that we do not allow, according to our instructions, a Jew to do the work that is forbidden by Torah law when Shemitta is a Torah-level mitzva. Only if Shemitta is presently forbidden based on Rabbinic law, then if all the Rabbinic laws are in force, it is considered creatively uprooting the whole mitzva, and then we have to rely on the fact that it does not apply to all fields. We have already instituted not to allow planting new fruit trees, and since most posit that planting trees is Rabbinically prohibited, we have thereby maintained some Rabbinic laws.

Igrot Hare’aya (200)

Beit Din Eretz Hemda - Gazit

169 - Maintaining a Friendship of the Spirit – #266 – part IV

170 - Keeping Shemitta Partially – #272

171 - The Need for a Broader Education – #274

May Hashem have mercy on His nation and His Land speedily and heal the broken hearts who are crushed by the horrible pain stemming from the depressing situation for the Holy Land and its inhabitants, who are pressured into pushing themselves through narrow areas (i.e., the difficult leniency). May He speedily bring salvation from Zion to His adorned nation, Israel, so that we can raise high the banner of our holy Torah with the fulfillment of all of its mitzvot. This includes the land-based mitzvot and especially the sanctity of the Shabbat of the Holy Land, which will make the hearts of all who love Hashem’s Name happy and wait for His true salvation.
Regarding the yeshiva [in Yafo], the "root" I began with is starting to take hold. On Rosh Chodesh Adar I, there was a test, and I see blessing in the project.
Your great book, which I love with my soul, is considered among us one of the very important courses of study. Sometimes I lecture to them on some of the chapters from within the book and add my own philosophy on the matters. I hope that when things are more settled, we will have your book on hand, and there will be very serious study and inquiry on it. In order to get the institution running financially, we have decided to have a raffle. We hope it will be officially approved soon by the governmental authorities.

Igrot Hare’aya