Heter Mechira

The shemittah year is over, but I figured I'll publish some notes on Heter Mechira. Its based on an article in Journal of Halacha and Contemporary Society and on the book Shemittah and Yovel by Dayan I. Grunfeld. Its mostly accurate.

In the early 1900's, the frum residents of Israel would have faced serious hunger problems if they couldn't work the land on shemitah. They came up with a heter mechira in which they would sell the land to a gentile, and have gentiles do some work for them. Nowadays, the farms would lose much international business if they didn't produce food every 7^th year. Therefore they use the heter mechira and work the land themselves. For the heter mechira to be muttar to do, all of the following halachic leniencies must be true. (It may be easier for the shemitah food to be kosher to eat.)

1. Shemitah nowadays is 100% d'rabanan. Other parts of the heter rely on this.

Although there aren't that many views that dispute this, it may be that shemitah should be considered like a d'oraysa because it was accepted with an “curse & a oath ” [see Nechemia 10].

2. Selling the land uproots the kedusha from both the land and the fruit. (Otherwise there would be no point.)

Although even many haredim in Israel are lenient, its not such a simple issue. The main machlokes is between R' Yosef Karo and the Mabit. There is a teshuva of the Rambam that supports the Mabit.

Correction: Many people are lenient and treat peiros nachri without kedushas shevi'is. But almost everyone holds that it is forbidden for a Jew to work on land owned by a gentile. The hetter mechira relies on a minority opinon that permits it.

3. A “Ha'arama Nikeret” is muttar.

This isn't such a serious problem, especially since shemitah is d'rabanan.

4. It is permitted to temporarily sell Jewish land to a gentile.

This is where the heter runs into serious issues. If the sale is real, it should be forbidden. Even renting land to a gentile is rabbinically forbidden! The HM proponents have 2 responses. 1.A temporary sale is permitted yet still works to uproot the kedusha. 2. Its permitted to sell land to Muslims.

Its questionable who exactly the issur to sell land to applies, but an accurate girsa of Rambam Perush HaMishanyos includes all gentiles.

5. The sale is considered a real sale.

If you sell a whole country to one Arab, but there's no way he'll be able to use it in any way, is the sale real? The government doesn't recognize the sale, and Dina d'Malchusa Dina should make it void.

Some Heter proponents rely on the opinion that Dina d'Malchusa Dina doens't apply in Eretz Yisroel because every Jew has a portion in the land.

Other issues

Shemitah was accepted during much harder times and kept through much worse conditions. They never tried such a heter then. A midrash talks of the gentiles who mock the Jews for eating thorns during the shemitah year.

As Israel got richer, the one-time heter became even more lenient. What was once a horas sha'ah to allow non-Jews to do issurei d'rabanan grew into the heter today where shemitah is treated like any other year.

Other Kulas

R' yannai told the people to work the land during shemitah to pay their tax. Perhaps it was similar hardships as now.

Tosafos suggests it was actual pikuach nefesh. The historic evidence shows that a cruel Roman general was waging war against the Persians, and he probably wouldn't have exempted the Jews from their taxes!

According to the Ba'al HaMa'or, shemitah is voluntary!

I would say this das yochid is cancelled out by the da'as yochid that shemitah is d'oraysa. If your choshesh for one, you should be choshesh for the other.

There is some question what the exact year of shemitah is. Perhaps that safek can help to be lenient.

Safek d'rabanan l'kula doesn't apply if it would be mevatel the mitzvah.

The Ironies.

On many issues, each side takes the opposite views of what they usually would hold so they can be for/against the heter mechira. (Or they keep to their veiws and refrain from using an argument.)

1. You can sell sell land in Israel to Muslims.

2. Dina d'Malchusa Dina doesn't apply in Eretz Yisrael.

You wouldn't here the DL community make these argument in other contexts, and many don't even use them for heter mechira.

3. Manuscripts show the girsa in the Rambam was really goy, not akkum.

4. The historic evidence shows Tosafos was right when they said it was pikuach nefesh.

Charedim don't like basing halachos on more accurate manuscripts, and definitely not on historic evidence.

The Blood of the Burglar

These are my cartoons on "בא במחתרת" about a burglar's break-in as discussed in the 8th perek of Sanhedrin. I didn't write the final page of p'sak, and the cartoons need a little shading in, but otherwise it's done.

Ta'anis Esther

[this is based on a post from 2 years ago and will be published in Peiros Ha'aretz.]

This coming Thursday, the 13th of Adar, is Ta'anis Esther, a puzzling fast day. According to many opinions, this fast commemorates the fast the Jews fought during the war against their enemies on the 13th of Adar. According to others, it is in memory of the 3 days the Jews fasted before Esther went to see Achashverosh. That occurred during Pesach time, so it seems strange to mark this fast on the wrong date. But either way, why is it necessary to fast, no tragedy happened on Ta'anis Esther! Also, according to some opinions, it shold be forbidden to fast on the day before a holiday! What was the great need to fast before Purim?

Purim is an unusually jubilant day in the Jewish Calendar. There are the mitzvoth of mishloach manot and the festive seudah, and there's even a mitzvah to get drunk! This is besides all the customs that have become common, such as wearing costumes.

But matters were very different for the Jews in the times of Haman. A royal decree had been passed, calling for the annihilation of all the Jews. People did not know what would happen. It was scary times.

In the end, the Jews were miraculously saved, but because of an important reason: They did Teshuva. Haman had caused the Jews to wake up, and they fasted and repented. G-d then caused the miraculous turnaround of Purim.

On Purim, when we celebrate with such ecstasy, there's a risk we might become too light-hearted. There are still those who seek to destroy us, and it is vital we don't miss the message. Therefore, on the day before Purim, we recall the troubles and worries the Jews went through, and more importantly, we remember the reason they were saved, and we do teshuva ourselves. Only then can we celebrate a meaningful Purim.

Slifkin and Darwinism (draft)

Although it's been some time since I read the book, I felt I should try to bring to a close the Slifkin & Darwinism series. The last post on this topic pointed out that Science wasn't as perfect as Slifkin claimed. In this post I'd like to discuss Darwinism specifically.

Slifkin says that the science of Darwinism should be judged separately from any implications people draw from it. This is true to a point. But if an ideology allows people to be "intellectually fulfilled atheists" [-Dawkins], perhaps that is part of the reason that it became so widely accepted. The fact that Darwinism and social darwinism developed together and led to Nazism also says something about it.. [eval on own w/o faith in sci random make sence?]

So we cannot just have faith in the Darwinist's words. We must compare their beliefs to ours. They are materialists, who do not believe in anything above the physical. Therefore, they have to pick between aliens having created life or it having spontaneously arisen. Because of many obvious problems with the former (how did the aliens arise?), most scientists prefer the latter.

Fine, that's what they're forced to believe, but why would a religious person accept that? How could someone like Slifkin accept this ideology of randomness? A perfectly encoded string RNA does not just form on it's own. And definetly not with the similarly amazing proteins (all just happening to be made of the just right order of 'left-handed' molecules) to carry out its instructions!

Life could not have arisen and evolved just by unguided forces. There was a Guiding Hand.

Nebach!

Welcome to the nebach! blog. New readers are invited to check out the
selected posts on the side of the Nebach! blog. They can read some posts
on Intelligent Design, then read some critical analysis of "Challenge of
Creation", a book by R' Slifkin. There's some posts on Jewish Education,
and then some more selected posts on miscellaneous topics.
Old readers of Nebach! will be happy to find out that new posts will
becoming to Nebach! some time in the future.

P.S.
I'm sending this posts from the 1980's email service in KBY. It may come
out weirdly.

Ariel

Hebrew

I would normally put this in a comment on the post its relevant to, but im
not able to access my blog in kby. (Check back on old posts for
brilliant insights or information i only found later.)

The Rosh HaYeshiva, R' Greenberg, Gave a shiur today about speaking in
Lashon HaKodesh. I don't think I mentioned in my post the holiness of
Hebrew, another (if not primary) reason to teach hebrew to the very young.
Hebrew is the language of the Jews, the Holy Tongue of the Holy People
(Gur Aryeh, Devarim 1:23). It is the language G-d communicates with
his people (Ramban shemos 30:13).

But specifically about teaching your child hebrew, read this quote from
the Sifri:

When a child begins to speak, his father teaches him lashon hakodesh and
teaches him torah. But if he does not speak with him in lashon
hakodesh and does not teach him torah, it is fit as if he
buried him, as it says, "teach them to your children"

The sifre explains the limud: "l'ma'an yirbu y'meichem" only is true if
"v'limadtem es b'neichem", and "m'klal hen ata shomea lav".
(see also tosefta chagiga 1)

In the Holy Land

I got to KBY 2 days ago, and I'm using their email software from 1989. I'm
emailing blogger whch should post this on my blog. I had been planning on
publishing many posts, but there wasn't enough time between MoKo and KBY.
I don't even have access to my drafts saved on Blogger, but I'll probably
figure out a way to get them. There may be more posts in the future!

A Guten Chodesh