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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
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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.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Worse on the Outside, Better on the Inside – #332
Date and Place: 26 Elul 5670 (1910), Yafo
Igrot Hare’aya Refuting Criticism by the Ridbaz – #311 – part I
Date and Place: 19 Sivan 5670 (1910), Yafo
Igrot Hare’aya Public Letter on Observance of Shemitta – #287 – part II
Date and Place: 4 Nisan 5670 (1910), Yafo
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