Those “Ultra-Orthodox” in Israel are at it again, inventing new stringencies, coercing other Jews, trying to make a dishonest buck and generally making life unlivable for everybody else. At least that is what seems to emerge from recent reportage about Shmittah.
The New York Times contended that an Israeli Chief Rabbi, because he respected a revered elder Godol’s judgment, is “considered” – by whom was not clarified – “a puppet.”
A New York Sun columnist insinuated that a psak halacha was born of a desire to make money on the backs of the poor. “There are, after all, no farmers in the ultra-Orthodox community,” wrote Hillel Halkin, wrongly, “and plenty of rabbis and kashrut supervisors who will find jobs making sure that Jewish-grown fruits and vegetables are not, G-d forbid, being smuggled into the diet of unsuspecting Israelis.”
And a New York Jewish Week editorial both got its facts wrong (contending that the Israeli Chief Rabbinate, by setting a kashrus certification standard, had “disallowed” food of lower standards) and saw fit to invoke an unsubstantiated accusation against one rabbi and the arrest of another’s family member as indictments of the rabbis’ religious legal opinions.
Some Israeli publications were shriller still. The Jerusalem Report characterized the granting of permission to local rabbis to set their communities’ kashrus standards thus: “Confrontation looms as the increasingly powerful ultra-Orthodox camp flexes its muscles and attempts to impose strict observance of the Shmittah commandment on all Israelis.”
Irresponsible media coverage of haredim is nothing new. But were such misinformation and provocation used against Jews rather than against some Jews, it would be roundly condemned as something worse than journalism-as-usual.
The facts:
The Torah enjoins Jews privileged to live in the Holy Land to not till or plant in Jewish-owned soil during Shmittah. What grows of its own is to be treated as ownerless and may not be sold. Shmittah-observance bespeaks our recognition that the land is Hashem’s, and its merit allows Jews to, in the words of Vayikra [25:19], “abide in the land, in safety.” For Jews who believe that Klal Yisroel in Eretz Yisrfoel perseveres only through nissim, Shmittah is no minor mitzvah.
When substantial numbers of Jews began to return to Eretz Yisroel in the 19th century, some farmers among them endeavored to observe Shmittah; most, though, living in deep poverty, did not. As a result, in 1896, religious leaders, including haredi Gedolim, approved a fall-back plan whereby land owned by Jews was technically transferred to the possession of an Arab for the duration of the Shmittah year. That way, Jewish farmers would be acting as sharecroppers rather than as tillers of their own Shmittah-qualifying soil.
During subsequent Shmittah years, many farmers continued to rely on that “sale loophole” or “heter mechira.” And when the state of Israel was created, the official state Rabbinate endorsed it as well.
A few farmers, though, opted to observe Shmittah in its original way, allowing their fields to lie fallow and relying on other income or tzeddakah (ultimately, on Hashem) to make it through the months when they could not farm and sell produce. As a result, in the 1950s and 1960s, about 250 acres of land “rested” as per the Torah’s injunction.
Later Shmittah years saw increasing number of farmers follow suit. Seven years ago, the number of acres left untilled had risen more than 200-fold from the 60s, to 55,000. This year, 3000-3500 farmers will be observing Shmittah, and 100,000 acres are expected to be left fallow in accordance with the Torah’s direction. Every major Orthodox kashrut-certification agency in North America approves only Israeli produce hewing to the highest Shmittah standard.
The reasons for the growth of Shmittah-observance are several, among them a general trend toward greater shmiras hamitzvos, recognition of the ad-hoc nature of the heter mechira, and the experience of farmers who not only did not suffer for their Shmittah observance but experienced unusual brachos.
So what’s with all the negative press? Good question.
This year, Israel’s Chief Rabbinate declared that while it still did not oppose reliance on the heter mechira, it was, for the first time, permitting municipal rabbis in Israel’s towns and cities, when issuing kashrus certifications, to decide for their localities whether to rely on that fall-back standard or opt for the original one.
From the reaction, one might think that the Chief Rabbis had declared an extra year of Shmitta rather than simply taken a pluralistic stance on religious standards. Israel’s agriculture minister, Shalom Simhon, thundered a threat to forbid imports from Arab-owned land (which meet the higher Shmittah standard). Media like the Jewish Week misleadingly described the new policy as some sort of prohibition. Even in cities where the municipal rabbi has not granted kosher certification for heter mechira produce, nothing prevents a vendor from selling such produce (sans a Rabbinate kashrus-sticker) – which will surely be less expensive than the rabbinically-sanctioned fruits and vegetables.
And, in a ruling on October 24, the Israeli High Court ordered the Chief Rabbinate to disallow local rabbis to decide for themselves what Shmitta standard to apply to their certifications. It was further ordered to replace any local rabbi refusing to grant his hechsher to hetter mechira produce with one who would.
But, as the New York Times article admitted, about Jerusalem haredim: “The community is already among the poorest in Jerusalem, but the rulings of their rabbis matter far more to them than money.”
And speaking of money, Jews outside Israel are putting theirs where their beliefs are.
A 35-year-old organization, Keren Hashvi’is, raises millions of dollars each Shmittah year to help support Shmittah-observant farmers. Most donations are relatively small, from people of limited means – testifying to the broad and deep connection tens of thousands of Jews worldwide feel to their brethren farming holy soil. (In the United States, Keren Hashvi’is operates from Agudath Israel of America’s Manhattan offices.)
But jaundiced eyes see only haredi Jews poisoning Jewish wells. It is a truly strange panorama: Observers usually enamored of ecological and liberal ideals have somehow been transformed into fierce opponents of leaving nature alone, of providing Arabs with extra income and of permitting individual rabbis to rule in accordance with their consciences.
And in the background, religiously dedicated farmers are doing what they believe will merit security and peace for the Holy Land, with help from Jews across Israel and around the world.
Keren Hashvi’is, which accepts donations by credit card, can be reached at 1-888-9-SHMITTAH or by clicking HERE.
© 2007 AM ECHAD RESOURCES
[Rabbi Shafran is director of public affairs for Agudath Israel of America.]
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14 Responses
Again you are the ones, changing the facts. For a very large portion of Jews in Israel, Heter Mechira is the original option. For Sephardic Jews Heter Mechira is 100% kosher. The rabbis who held it isn’t kosher enough, wanted to give each cities rabbis the right to make a decision for their city, which means give them the option of forcing everyone to accept their psak, and thats corrupt if you ask me.
#1 – You wrote: “heter mechira is the original option” Heter mechira is a HETER – a leniency that was made. A heter can never be the original option!
Rav Ovadia Yosef does give a psak that one can rely on Heter Mechira. (As he usually gives a maykil psak to prevent the people who would be doing it anyway from doing something assur.) However, most frum Sfardim also do not keep Heter Mechira, just like their Ashkenazi counterparts.
You also say “The rabbis who held it isn’t kosher enough” – they Rabanut of Israel never said heter mechira is not kosher. They said they would allow each rabbanut of each city make their own decision.
You wrote, “which means giving them the options of forcing everyone to accept their psak, and thats corrupt if you ask me.” The rabbanut of each city is not forcing anyone to do anything. They, like any kashrus certification, give a hechsher to establishments and food that follow a certain set of standards. There is nothing unfair about that. If you don’t keep their standards, get a hechsher from someone else whose standards you like, sell the food without a hechsher, do what you want – you are not forced to do anything you don’t want to do.
No Rabbis wanted to force anyone here. As a matter of fact, it was the exact opposite – The Rabbanut of Israel said we won’t force everyone to do what we say, they can decide for themselves. However, the Israel High Court decided that they are going to force the Rabbanut of Israel to force the Rabbanut of each city to force every establishment to buy heter mechira produce. And any rabbi who does not listen, will be fired. That is corrupt if you ask me!
The Heter Mechirah is a legitimate Halachic approach(originated by Rav Yitzchok Elchanan Spector) as is Mechiras Chometz.The problem that has at times occurred with Heter Mechirah is its implementation.In some instances it is done seriously and in others not properly.The same is true with mechiras chometz.The fairest thing to do, is in all cities in Israel to allow for all options :Heter Mechirah,Otzar Bais Din,and non heter mechira.The same with Kosher agencies here all options should be available and appropriately labeled.Reliable Rabbis of cities in Israel and reliable hashgachos here can find places where the heter mechirah is carried out properly and only endorse those heter mechirah items that come from those sources.This way you give klal yisrael all legitimate options w/o the need to attack anyone for their standard of Kashrut.Different people use different reliable shechitos.The same can be applied in this case
I had a great Rosh Yeshiva in Torah Vodaas tell us that the Torah was written as an ideal set of mitzvos that could not practically be performed in the real world. If we would keep the prohibition on Ribis without a Heter Iska there could be no commerce. If we would keep the laws of Yovel without a Pruzbul there would be no real estate market. The same is with Shmita. A Heter Mechirah is no worse than a Heter Iska or a Pruzbul and just as necessary. Hashem did not intend for farmers to live from Tzedaka that Agudas Yisroel collects. I would love to hear Rabbi Shafran’s explanation as to why a Heter Iska is not any more problematic than a Heter Mechirah.
The Heter Mechirah is a legitimate Halachic approach(originated by Rav Yitzchok Elchanan Spector)
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I have always wondered why everyone that argues that Rav Y.E. Spector paskened the heter-machira was a solution, ignores the hard facts that surround his decision.
First, the secular establishment flat out lied to him at that time. They claimed that the yishuv would go hungry and it was a matter of pikuach nefesh. This was so grossly overstated that people believed that they could not survive unless they had this solution. History proves that the old yishuv never grew enough to support themselves (both economically and food-wise) even when shmitta was not an issue. Rothchild and Montefere were huge donors to these kibbutzim and had they supported them regardless of whether they had planted that year, heter machira would never have been authorized.
Tremendous pressure was put on the hareidi establishment by agents of the Baron (who were secular I might add) culminating in the total with-holding of funds for one yishuv who opted to keep shmitta with all its laws – the correct way. Vital medical service were stopped and many lives were put in danger because of the so called helpers of zion, these agents of the Baron. Who decided that anyone who kept the laws of shmitta should be called lazy and not funded. Like their contribution of a few measly vegies would have made a difference that year. They, Baron et al, had been supporting these yishuvim for years and they had planned to keep supporting them for years to come. One report, authored by the their office, had them project their need for aid to these yeshuvim for the next 25-30 years. The Baron and company realized that if they established the laws of shmitta. Meaning, had they supported the idea fully we would have a religious country. For this miztva causes us to perform many more mitzvos as well realize that god is in control.
(I must point out that I, and many historians believe that the Baron was hood winked by his men and had he ‘known’ the true facts he may have leaned to keeping shmita with all the laws. The Baron and Montefiore were brothers in-law.)
That said, I must add that the original heter stated that the heter is only given if the bet din of Jerusalem accepts it. They never did! when Rabbi Spector found out the true facts, that no lives were in danger, (there were many gentile sources of vegies and produce in those days) he immediately issued a ‘recall’ on that heter. Go read your history.
The litmus test of keeping shemita according to the heter:
1) Will lives be put in danger of starvation? No!
1.b) Can the Medina feed the population? Yes!
2) Will anyone lose their land? (When Turkey ruled the law was that unworked land could be forfited if no work was done in a year) No!
Now, today, is this ‘heter’ legit or not you be the judge.
The Heter Mechirah is a legitimate Halachic approach(originated by Rav Yitzchok Elchanan Spector) as is Mechiras Chometz.
Heter Mechirah was never legitimate according to everyone, and it was done only because people would not have been able to survive otherwise. It’s different today, according to many authorities. The fundamental difference between Mechiras Chometz is that it is assur to sell karka in Eretz Yisroel to an eino Yehudi.
The newest chaos will be grand, every head rabbi of each city will DECIDE what to do with marriages, divorces, conversions, kashrus, eruvim etc. “LET THE PARTY BEGIN!!”
Rabbi Shafran has a difficult position, to whitewash and sanitize every issue that involves charedim, not always a simple job.
Rabbi Shafran’s near identical post on Cross-Currents engendered a great deal of comments. Those interested should refer there.
I write only to make the point I made previously on this site: The halachik debate is legitimate and substantive – but the attempt to characterize the “heter mechira” as being outside of the daled koslei beis hamidrash, though, is deeply troubling. We need not agree, but it is a sad and dangerous path to engrandize one’s position by defaming the other.
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As a separate matter, my personal issue with Rabbi Shafran’s piece is what appears to be a disingenous characterization of localizing the heter at the municipal level as some type of laudible and legitimate effort towards greater pluralization of issues generally in the Rabbanut.
Sounds good when writing to an audience unsuspecting and uninformed Americans. But, any Israeli remotely familiar with the realities and facts would laugh at this description. Everyone knows to call it what it is: Politics. The decision to change was not based on sleepless nights in front of the mekoros, but in the smokey (they still smoke in Israel) back rooms of the mess of Israel kashrus.
The Rabbanut looks terrible, the people who coerced/guided this approach took a calculated (but very foreseeable risk) that the Supreme Court would get involved, the chiloni farmers who are attempting to do the right thing (let’s not presume they’re all evil, they’re Jewish and some care) are left holding the bag – and now you have a mess – a wholly avoidable mess at that.
But, lamentably truth doesn’t sell as well as victimhood. That’s sad.
To get things straight
Most religious Sepharadim in Israel do accept Heter Mechira. The 3 major Sephardic Poskim of this generation, Rabbi Ovadia Yosef, Rabbi Ben Zion Aba Shaul and Rabbi Meir Mazuz, all were Posek the heter is valid. for the last 150 years almost everyone in Israel ate Heter Mechira. Rabbi Mazuz was in Brooklyn last week, and gave a very long detailed shiyr pro the heter.
For the same reason Hillel made the Takana of the Pruzbul, they made the Heter Mechira. The economy will not function when prices of fruits and vegetables are 4 times the price. The torah did not want Avrechim to go into debt in order to have a salad for supper.
If the cities were given the right to decide the validity of heter mechira, that means that stores that sell Heter will have the same status as stores that open on Shabbat, NO HECHSHER.
Thats currupt if you ask me.
The heter is not clearly one way or another. There is definetely different opinions on the matter, no Rabbi of no city, can decide that the other opinion doesn’t exist.
Klazno4 is correct and wrong.I would like to see a letter or teshuvah from Rav Yitzchok Elchanan that repeals the Heter Mechirah. But it is correct that the original Heter of Rav YE had conditions and stipulations requiring it to be reviewed every 7 years.It was not a blanket Heter given forever.But the fact that the sale of the land to a nonJew was at its heart, he had to construcvt it with a legitimate kinyan process.Do not forget the Heter Mechirah of Chametz.
Rav Kook who could not be duped by the farmers because he was there renewed it over and over.Rav Ovadiah who lives in Israel as well also accepted it.
Personally, I never relied on it until this year.I am using Otzar BD where possible.Otherwise,I am using Heter Mechirah because the Shemittah stores willy nilly buy from the Arabs, some of whom are murdering Jews and I do not want to unwittingly support their terror.Pikuach nefesh docheh………
Unfortunately ABBAFIVE is correct that the Israeli Rabbinate – Rabbanut and Edah HaCharaidis is a product of unpleasant politics.That is why an uninformed secular Jew finds it so distasteful.
The HETER MECHIRA as well as all other points of view should respected and each Jew can choose whichever derech is best for him
The exemption made for a temporary solution of heter mechira a century ago has been abused halachically much as the “psak” of Reb Moshe allowing a tefech of hair to bdieved show on a woman in a specific case has been abused to mean every women may display a tefach of hair.
Why not force all the Ashkenazim to eat only Shechitat Beit yosef? or maybe leave it up to each cities rabbi.
Anyone familiar with the Sugya knows, that the Heter Mechira was meant as a Psak, nothing was abused. Read the Tshuva in Yabia Omer, of Rabbi Ovadia Yosef, you’ll be very convinced
R’ Shafran writes: “The Torah enjoins Jews privileged to live in the Holy Land to not till or plant in Jewish-owned soil during Shmittah.”
True. but misleading. ALL agree that
1) shmitah in our day is d’rabanan
2) There is a safek as to which year is shmittah. we follow the mesorah that 5768 is etc.
from a halachik psak perspective, this changes EVERYTHING. Psak deals with d’rabanan’s totally differently than d’oraisa. The power of heter is much stronger etc.
Rabbi Shafran misleads his readers but implying that the shmita question is d’oraisa.
He also make it sound like those only the charedi world in their way care about “doing what they believe will merit security and peace”.
Again, he leaves out a few facts.
1) a large part of the charedi world buying from the arabs are directly funding hamas and other terror groups who are laughing their way to the bank and the bomb factories.
2)By pressing the rabbanite not to sign the mechira set-up, they would have caused many more averot in Israel where every not yet observant Jew – mostly tinokot sh’nishbu – would have transgressed the d’rabbana of shmitah.
Why dont we let those who want to buy from arabs do so without putting themselves up as “better” Jews and let those who want rely on the holy foundations set by Rabbis Kook and Spector and continued by Rav Ovadyah other gedolai torah, let those Jews do their thing with respect.
We are all doing what we believe is Gds will. Let’s get together and hopefully by example influence others to do the same.
My comment to Rabbi Shafran
Dear Rabbi Shafran, amv”sh
In your article in the Jerusalem Post it mentions that this year “100,000 acres are expected to be left fallow in accordance with the Torah’s direction”. My question to you is are these fields really open? If so, let’s organize Shemittah picking tiyulim where groups have a fun time collecting produce and then cook up a storm and have Shemittah Kiddushim eating all the yummy food that was cooked.
Here is how a Shemittah Tiyul can be arranged. Let one person be the driver, another person or the driver offer his/her vehicle and another offer to pay gas. Let all the passengers do the picking. Kids would have a blast! It’s great for all ages. Best of all, lets eat!
I believe that the correct way to keep Shemitta is by having open fields and free to pick. Nowhere do I see that even encouraged. Why is it only open to Otzar Haaretz? Why do they put plastic in the ground and import earth from elsewhere and say it’s Shemittah LeMehadrin? Where is the spirit of Shabbat according to Rabbi Shafran in the way Shemittah is observed? It’s supposed to be a year of free eating from Jewish fields, and not a year of shortages or a year of Y.N. (Yevul Nochri) which has become Kosher LeMehadrin. Isn’t that a contradiction of terms? His article makes it sound like the observance promoted by Agudah is truth. If it was truth than there is no way that Agudath Yisroel would be Silent regarding the State of Palestine. Because a State of Palestine is a direct result of not keeping Shemittah properly. It’s a contradiction in terms. Saying Tehillim is wonderful but to keep Shemittah you need the LAND! To keep tefillin you need a hand and a head. The Torah was not given to Malachim who have no parents to keep Kibud Av VeAim. The Torah can be learned in Lakewood but is only can be observed in Eretz Yisroel on physical Land that has Jewish Sovereignty. Unless Abbas converts to Judaism, the State of Palestine which Agudath Yisroel has yet to publicly oppose will not observe Shemittah. Isn’t it inconsistent to oppose HM (Heter Mechira) which is symbolic selling of the land and yet be complicit with Olmerts real plans to give not even sell the Land of Israel to our enemies?????