Adding Elements to Strengthen the Heter Mechira – #313 | Beit Din Eretz Hemda - Gazit | Beit Midrash

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Recipient and Background : Rav Chaim Berlin. Rav Berlin was at this time the Chief Rabbi of Yerushalayim. Rav Berlin was the oldest son of the Netziv, Rav Kook’s rosh yeshiva in Volozhin. (The Netziv opposed the Heter Mechira because it is forbidden to sell parts of Eretz Yisrael to non-Jews.)

Body : I must inform you, esteemed scholar, what I was planning to do from the outset regarding the general sale of the land of the Jewish community of Eretz Yisrael to undo the obligations of Shemitta. I decided to do it in a way that fulfills the maximum number of opinions. Therefore, I came up with seals, that have engraved upon them that the price [of the produce] during Shemitta shall be just for the equipment used and for the toil (not for the produce’s value). This removes from the money paid the sanctity of Shemitta and makes the commerce done with them, as one in which the value of Shemitta produce is swallowed up.
I informed all who discussed these matters with me that I wanted to prepare forms of hefker (revoking ownership), so that each [farmer] should relinquish ownership of any produce in his field that might have Shemitta status and transfer its control to a rabbinical court. Then, the court would formally appoint the farmers to represent them in doing whatever is necessary to sell the produce in a permitted manner, i.e., by receiving the value of the equipment and their toil.
It is just that from the outset I agreed that since the sale of the land has a halachic basis, to the extent that in other Shemitta years people relied upon the sale without other factors, we do not have to be exacting regarding the price the farmers take for the equipment and toil, since it is explicitly stated that the money is not for the produce. We should not pressure the people of the agricultural settlements [in manners that were not done during previous Shemitta years], as they already have the pressure of difficult financial standing – may Hashem elevate their prospects.
However, due to the tumult raised by criticism [of the sale], some of my ideas may now be more difficult to carry out. Still, it is my hope that a lot will be improved by means of this halachically preferable system, even though it is a new idea that was not employed in the past. If we speak to [the farmers] peacefully, they will do whatever we ask of them, as long as they will not be damaged in terms of finance or respect on this matter that is at the heart of their basic sustenance. [It is different when people] cast aspersions on the polished and accepted leniency, which is broadly destructive to all of them, and [tries to] takes away their basic ability to live. It is not surprising that they are compelled to stand up for their lives, the lives of their household (as their children ask for bread) and for the life of the Yishuv. [We] hope for a future in which the Yishuv will expand until Hashem will bring the light of a full salvation on His Name and lot, may it come speedily.

Igrot Hare’aya (200)

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I think that the documents of hefker and authorization of our beit din that are being arranged, as I originally wanted, will bring peace within the rabbinical leadership, and there will be no further aspersions on using the moshavot’s produce that are brought to Yerushalayim. (Ed. note – it is unclear to me if Rav Kook refers only to fruit or even to vegetables and grains). How great is the pain that the criticism caused to our hearts and all the hearts of those who fear Hashem and love His Torah! It did not have to be, if people had asked me how I planned to go about [marketing the produce]. It is my main goal to fulfill as many opinions as possible and to also be concerned for the money of Israel, as well as to bringing peace between the Torah scholars of the Holy Land.
I hope that the illustrious rav, in his piety and pure heart, will express his opinion for the sake of peace and the welfare of the Jewish community. May his words be accepted willfully by all those who fear Hashem and care about His Name and thereby stop the fighting, so peace can dwell among the Holy Land’s scholars.

Igrot Hare’aya