The Case Of The Heter Mechira: Halacha and History of Modern Shmittah Observance

(1) ה׳ spoke to Moses on Mount Sinai: (2) Speak to the Israelite people and say to them: When you enter the land that I assign to you, the land shall observe a sabbath of ה׳. (3) Six years you may sow your field and six years you may prune your vineyard and gather in the yield. (4) But in the seventh year the land shall have a sabbath of complete rest, a sabbath of ה׳: you shall not sow your field or prune your vineyard. (5) You shall not reap the aftergrowth of your harvest or gather the grapes of your untrimmed vines; it shall be a year of complete rest for the land. (6) But you may eat whatever the land during its sabbath will produce—you, your male and female slaves, the hired and bound laborers who live with you, (7) and your cattle and the beasts in your land may eat all its yield. (8) You shall count off seven weeks of years—seven times seven years—so that the period of seven weeks of years gives you a total of forty-nine years. (9) Then you shall sound the horn loud; in the seventh month, on the tenth day of the month—the Day of Atonement—you shall have the horn sounded throughout your land (10) and you shall hallow the fiftieth year. You shall proclaim release throughout the land for all its inhabitants. It shall be a jubilee for you: each of you shall return to your holding and each of you shall return to your family. (11) That fiftieth year shall be a jubilee for you: you shall not sow, neither shall you reap the aftergrowth or harvest the untrimmed vines, (12) for it is a jubilee. It shall be holy to you: you may only eat the growth direct from the field. (13) In this year of jubilee, each of you shall return to your holding. (14) When you sell property to your neighbor, or buy any from your neighbor, you shall not wrong one another. (15) In buying from your neighbor, you shall deduct only for the number of years since the jubilee; and in selling to you, that person shall charge you only for the remaining crop years: (16) the more such years, the higher the price you pay; the fewer such years, the lower the price; for what is being sold to you is a number of harvests. (17) Do not wrong one another, but fear your God; for I ה׳ am your God. (18) You shall observe My laws and faithfully keep My rules, that you may live upon the land in security; (19) the land shall yield its fruit and you shall eat your fill, and you shall live upon it in security. (20) And should you ask, “What are we to eat in the seventh year, if we may neither sow nor gather in our crops?” (21) I will ordain My blessing for you in the sixth year, so that it shall yield a crop sufficient for three years. (22) When you sow in the eighth year, you will still be eating old grain of that crop; you will be eating the old until the ninth year, until its crops come in.

(9) Wild beasts come to the world for swearing in vain, and for the profanation of the Name. Exile comes to the world for idolatry, for sexual sins and for bloodshed, and for [transgressing the commandment of] the [year of the] release of the land...

(2) את אשר לא שבתה BECAUSE IT DID NOT REST [IN YOUR SABBATHS] — The seventy years of the Babylonian exile exactly corresponded to the seventy Sabbatical and Jubilee years that were due in those years when Israel was provoking the anger of the Omnipresent whilststill in their land...

... A Jew on a boat with a non-Jew may sell his Chametz or give it as a present to the non-Jew and then buy it back after Pesach.

(1) With regard to one who purchases the fetus of a donkey that belongs to a gentile, and one who sells the fetus of his donkey to a gentile although he is not permitted to sell a large animal to a gentile, and one who enters into a partnership with a gentile in ownership of a donkey or its fetus, and one who receives a donkey from a gentile in order to care for it in exchange for partnership in its offspring, and one who gives his donkey to a gentile in receivership, in all of these cases the donkeys are exempt from the obligations of firstborn status, i.e., they do not have firstborn status and are not redeemed, as it is stated: “I sanctified to Me all the firstborn in Israel, both man and animal” (Numbers 3:13), indicating that the mitzva is incumbent upon the Jewish people, but not upon others.

The Sages taught: One may not leave Eretz Yisrael to live outside of Eretz Yisrael unless the price of two se’a of grain stood at a sela, which is double its usual price. Rabbi Shimon said: When does this exception, permitting one to leave Eretz Yisrael under certain circumstances, apply? It applies when one is unable to find produce to buy, as he has no money. But when one has money and is able to find produce to buy, even if the price of a se’a of grain stood at a sela, he may not leave.And Rabbi Shimon ben Yoḥai would likewise say: Elimelech and his sons Mahlon and Chilion were prominent members of their generation and were leaders of their generation. And for what reason were they punished? They were punished because they left Eretz Yisrael to go outside of Eretz Yisrael, as it is stated concerning Naomi and Ruth: “And all the city was astir concerning them, and the women said: Is this Naomi?” (Ruth 1:19). The Gemara asks: What is the meaning of the phrase: “Is this Naomi”? How does this indicate that her husband and sons were punished for leaving Eretz Yisrael? Rabbi Yitzḥak says that the women said: Have you seen what befell Naomi, who left Eretz Yisrael for outside of Eretz Yisrael? Not only did she not escape tribulations there, but she lost her status entirely.

Rather, Rabbi Shimon’s statement should be explained differently, as follows: Initially the Sages would say that both this category, gatherers of the produce of the Sabbatical Year, and that category, merchants who trade in the produce of the Sabbatical Year, are disqualified. Once the tax collectors grew abundant it was permitted to gather the produce of the Sabbatical Year. And what tax did they collect? Arnona, which was a heavy tax on property collected both during the Sabbatical Year and in other years, placing pressure on those observing the Sabbatical Year. As Rabbi Yannai proclaimed: Go out and sow the fields during the Sabbatical Year due to the arnona that you must pay. Once this happened, the Sages then said: Gatherers of the produce of the Sabbatical Year are fit to bear witness, as they were no longer viewed as transgressors, but merchants who trade in this produce are still disqualified.

GEMARA:Rabba says: Even though a gentile has no capability of acquisition of land in Eretz Yisrael to cause the abrogation of the sanctity of the land, thereby removing it from the obligation to tithe its produce, as it is stated: “For the land is Mine” (Leviticus 25:23), which teaches: The sanctity of the land is Mine, and it is not abrogated when the land is sold to a gentile; a gentile does have, however, the capability of acquisition of land in Eretz Yisrael to allow him to dig pits, ditches, and caves in the land he has purchased, as it is stated: “The heavens are the heavens of the Lord; but the earth has He given to the children of men” (Psalms 115:16).

Rav Ashi said to them: Are you speaking of artifice? This is artifice employed to circumvent a rabbinic prohibition, and a Torah scholar will not come to perform the action ab initio without artifice. Therefore, there is no reason to prohibit him from doing so.

(1) When your God ה׳ brings you to the land that you are about to enter and possess, and [God] dislodges many nations before you—the Hittites, Girgashites, Amorites, Canaanites, Perizzites, Hivites, and Jebusites, seven nations much larger than you— (2) and your God ה׳ delivers them to you and you defeat them, you must doom them to destruction: grant them no terms and give them no quarter.

This is also taught in a baraita: “You should not show them mercy”; this teaches that you should not give them a chance to encamp in the land of Eretz Yisrael. Another matter: “You should not show them mercy”; this indicates that you should not give them favor. Another matter: “You should not show them mercy”; this teaches that you should not give them an undeserved gift.