Public Letter on Observance of Shemitta – #287 – part II | Beit Din Eretz Hemda - Gazit | Beit Midrash

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Igrot Hare’aya

קטגוריה משנית

Recipient and Background : This public letter was apparently published in "Hacherut" on 4 Nisan 5670 (in the midst of the Shemitta year). Rav Kook became aware of farmers who "took liberties" that his rulings forbade and was concerned this would continue or increase over the spring/summer.

Body : [Last time we started Rav Kook’s explanation of the damage of those who did more during Shemitta than the heter mechira permitted and compromised the heter mechira’s viability.]
Dear brothers, I call out to you from my heart’s emotions – have mercy on your lives and the holy Yishuv’s life, survival and honor! Do not go beyond the limits of the leniency, which was founded as an exceptional step to improve the Yishuv when the rabbinic leaders see that it is necessary to employ it, according to its parameters and special methods. In our situation, it is the "straight path" that is a matter of pride for those who do it and before people.
Beware not to do any agricultural act that is normally forbidden by Torah law during Shemitta, e.g., new planting, replanting shoots, and grafting. All of these require one to ask an expert rabbi, who will consider the level of loss and extenuating circumstances. All the more so, regarding land not included in the sale, one must not be lenient without an explicit ruling, especially in cities and suburbs, which are not dependent on agriculture, whose questions concern patches of land around homes for beautification. The sanctity of Shemitta applies there without any leniency, and permissibility is possible only according to straightforward halacha following rabbis’ rulings. This should make the Shabbat of the Land recognizable on the holy soil, which gives comfort to the heart of those who love Hashem and revere His Name and will give one grace in the eyes of Hashem and mankind.
It should not even occur to you, dear brothers, that if Jews do not perform Torah-level prohibitions that the Yishuv will be damaged because of the impact on Jewish agricultural workers (who are not landowners). Actually, there are few agricultural actions that are forbidden by Torah law, and for most of them, there are ways that are not too difficult to turn something with a potential Torah prohibition into something forbidden only Rabbinically.

Igrot Hare’aya (176)

Beit Din Eretz Hemda - Gazit

189 - A Public Letter on Observance of Shemitta – #287 – part I

190 - Public Letter on Observance of Shemitta – #287 – part II

191 - Concern for Communal Kashrut Standards – #288, 290

This is not the place to explain the details of this approach to a ruling, as these require full awareness of the situation. But in general, only plowing, sowing, and harvesting of various produce and pruning for trees have the potential of being from the Torah. And for all of these, an expert rabbi can find ways to do them [in a manner that can be permitted] when there are extenuating circumstances, related to the welfare of the Yishuv and the agricultural needs of the community or workers who are dependent on their work. The only work for which one cannot find any leniency whatsoever for a Jew is sowing. For the rest of the actions, when the question comes before a rabbi, he will look into the matter seriously and try to reconcile his ruling with the Torah – sometimes the answer will be to be stringent and sometimes, to be lenient. Heaven forbid, we cannot allow everyone to take the Torah into their own hands, certainly on a matter like this, where real experts and great sensitivity are needed to arrive at the correct answer. Making one’s own decision would be frivolous and a desecration of the Torah.
I am confident, dear brothers, in your holy souls, the straightness of your hearts, and your concern for our holy Land and proud Yishuv, which is our great desire. Therefore, I am sure you will accept my words with positive understanding and respect and safeguard them.
May Hashem bless us and give us success in the Desired Land, so that we will soon see our nation’s redemption in the Land of our Temple. May we see the return of Israel to its place to live in tranquility and happiness. May we fulfill all of Hashem’s commandments, especially those connected to the Holy Land’s soil, when Hashem returns the exiles quickly in our days.

Igrot Hare’aya