On my recent trip to Eretz Yisrael, I went to my yeshivah, Yeshivat
Har Etzion, and purchased some of their recent publications. One of those which I acquired
was a pamphlet called Shiurei Shevi`it, lessons on the topic of Shemittah,
the Sabbatical year, given by one of the younger teachers in the yeshivah, R. Yosef
Zvi Rimon. Having purchased it, I was honestly looking for an excuse to make sure that I
read it. Since we often think of studying a topic as the next best thing to fulfilling it,
I thought it would be worth our while to take a few weeks and summarize his most
interesting points. Of course, there are some ramifications to Shemittah that
affect even Jews living outside Israel, but we will leave those for after we gain some
understanding of the issues that affect those who live there (and those who visit).
In a beautiful introduction, R. Rimon points out that many halakhic
works do a disservice to their readers by not recording enough of the background of a
topic to allow for deep understanding. Rather than just listing laws of Shemittah,
then, he explicitly intends to put the laws into a framework that is meaningful,
understandable, and hopefully therefore memorable.
His opening chapter, following this desire, deals with the reasons for Shemittah.
He provides eight reasons suggested by earlier commentators, each of which have some
resonance in the Torahs verses that describe Shemittah. Some of these reasons
might have halakhic ramifications, but for now we will simply review them, filing
them away for later discussion. In addition, we should note (as R. Rimon does) that for
most people today, who do not live agricultural lives, the reasons for Shemittah
are certainly not achieved, regardless of whether we technically follow a valid process in
dealing with these issues. It might behoove us to think about what we do to replace the
result the Torah sought by mandating Shemittah, not just how we deal with the
technical rules the Torah set up to achieve that (or those) result(s). This also, to my
mind, justifies spending several weeks on a set of laws that currently apply only (forgive
the term) rabbinically. Since these laws nevertheless encompass ideas and ideals mandated
by the Torah, I wanted to spend time learning more about them.
Rambam, in the Guide for the Perplexed (in a chapter that we saw last
year in the Moreh Nevukhim shiur that we have), suggests two reasons for Shemittah,
that it helps the poor and that it helps the land rejuvenate. The Torah in fact makes
reference to leaving the land for the poor and also refers to this year as a shenat
Shabbaton, a Sabbatical, for the land.
Sefer haHinukh, the 13th century listing of the Torahs
mitsvot arranged in order of the weekly portion, offers three other reasons for the
law. He sees Shemittah as teaching us to cultivate the trait of vatranut,
meaning that we are not overly attached to our property. By spending a year where our
fields are open to whoever wishes to enter, we train ourselves not to place too much stock
in ownership. That notion is reflected in the verses that require that the produce of this
year be available to all people and animals to eat. In addition, the Hinukh says
that this year reminds us of Gods ownership of the Earth and the fact that all of
its produce is only as a result of His allowing it to be produced, as reflected in the
verse stressing, "for the Land is Mine." Finally, he sees the year as reminding
us of hiddush haOlam, Creation of the World, a notion that is central to the belief
in Gods providence, His ability to affect events on Earth, and to perform miracles
at Will.
In modern times, rabbis have stressed the spiritual rejuvenation aspect
of a Shemittah. According to Rabbi Kalisher, Shemittah was to insure that we
take time to involve ourselves in spiritual elements of lifeby forcing a Sabbatical
year (in the academic sense), God could insure that people would have time to study Torah
and to refocus their energies on spiritual matters. Rav Kook had a similar idea, except
that he expressed it on a national level. In his view, the weekly Shabbat provides the
individual a chance for re-focusing on spiritual matters; Shemittah performs a
similar function for the nation as a whole (and each of its individual members). Both
views would stress the Torahs reference to Shemittah as a Shabbat laShem,
a rest period for God. The point of Shemittah, then, would be not only to
refrain from certain activity, but to be free in order to involve oneself in more
spiritual matters (as is often said regarding Shabbat itself).
R. Rimon suggests some halakhic aspects of Shemittah that
depend on these reasons. For example, the notion of restricting our sense of ownership
over the land and its produce explains two interesting halakhot about Shemittah,
the prohibition of disposing of Shemittah produce in the same way that we dispose
of regular fruit. As R. Rimon expresses it, the right to destroy something is perhaps the
clearest expression of ownership possible. In refraining from that right, then, we amply
demonstrate our awareness of our lack of ownership. Similarly, one of the most acceptable
ways around Shemittah issues is called OtsarBeit Din. We will describe this
further in future sheets, but basically, it makes it more feasible to gather a fields
produce and bring it to market, by officially assigning the field to the ownership of a
court, rather than its usual owner. The original owner then becomes the messenger of the
court (and can be paid some kind of salary by them) in gathering that fields fruit.
In that case, too, the notion that Shemittah is about stressing our lack of
ownership explains why this legal fiction should have any effect.
Next week, we will begin discussing the kinds of agricultural labor
that are or are not impermissible during Shemittah. Shabbat Shalom.