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Sept. 7, 2007

Appreciating Israel's bounty

Shemitah years are designed to renew faith in God's caretaking.
BATSHEVA POMERANTZ ISRAEL PRESS SERVICE

"Six years thou shalt sow thy field, and six years thou shalt prune thy vineyard, and gather in the fruit thereof; but, in the seventh year [there] shall be a Sabbath of rest unto the land, a Sabbath for the Lord: Thou shalt neither sow thy field nor prune thy vineyard."

Leviticus 25:3-4

Rosh Hashanah 5768 heralds the start of the shemitah (sabbatical) year in the land of Israel, which occurs every seven years. In the months leading up to the festival, the religious press is flooded with articles about the importance of shemitah observance, detailing the various methods for practically observing the year. While study days and lectures reintroduce the topic from a timely angle, consumers, restaurant owners, caterers and gardeners iron out the final details for purchasing produce and tending gardens during the year that the land is to lie fallow.

In modern-day Israel, only two to three per cent of the population works in agriculture, where advanced technology is used to yield an abundance of produce during the shemitah year. Contrast this with biblical times, when society was 100 per cent agrarian: fields and orchards received hefker (meaning "any man's property") status and crops became available for all, as the Torah mandated.

Shemitah was an opportunity for farmers to increase their faith in God as the provider of sustenance. As God said about the source of food during shemitah: "I will command my blessing for you in the sixth year, and the Land will produce [sufficiently for] three years." (Leviticus 25)

In addition, farmers were able to recharge their batteries during the shemitah year, study Torah and contemplate – similar to the weekly Sabbath observance, which affords the individual a rest and a chance for inner reflection.

"As we are not farmers today, we should focus during this shemitah year on the holiness or kedushat shivi'it of the fruits of the land," said Rabbi Yehuda Halevy Amichai, a scholar at the Torah and Land Institute, which established Otzar Ha'aretz (Treasure of the Land), a nation-wide initiative for farmers who want to observe shemitah according to halachah and in partnership with like-minded consumers. "A farmer naturally feels the shemitah year, but we have to aspire to feel the holiness of the fruit in our homes."

The source of shemitah in the Torah is: "When you come to the land, the land shall keep a Sabbath unto the Lord.... Thou shall neither sow thou field nor prune thou vineyard – it shall be a solemn rest for the land." (Leviticus 25) During the shemitah year, plowing, sowing, planting, reaping and harvesting are forbidden. Fruit that grows (by itself, so to speak) during this year is considered holy and is traded in a special way.

The first shemitah followed the conquest and division of the land of Israel by Joshua, until the Babylonian exile following the destruction of the First Temple. During the 40-year exile, the few remaining Jewish inhabitants were not obligated to observe shemitah, since the majority of Jews were not in Israel. When Ezra and Nehemia returned to the land of Israel, shemitah observance continued but became rabbinically ordained – indicating a slightly reduced level of observance. (Shemitah today is considered rabbinically ordained.)

The question of keeping shemitah arose when Jews came to Israel in the 19th century and established agricultural settlements. In 1888, the year before a shemitah year, rabbis realized that the struggling agriculture-based Jewish population would be paralyzed if it were to observe it fully. After much soul-searching, many leading rabbis in Israel and Europe agreed to permit the symbolic sale of the land to non-Jews, known as the heter mechira. Jewish farmers would then be able to work on the land and harvest the produce.

The rabbis at the time stipulated that the necessity of the heter would be discussed each shemitah to be sure it was really vital for the economy and for survival. In 1921, Rabbi Avraham Yitzhak Kook, Israel's first chief rabbi, further established the heter mechira. He travelled throughout the land, explaining the laws to farmers who were concerned about losing their livelihood. Yet for educational purposes, Kook insisted that each settlement retain a plot of land where shemitah would be observed according to Torah.

Today, with most farmers being secular, the heter enables them to continue their work without losing their income. However, the heter has always aroused strong opposition, mainly because it violates the prohibition of selling the land of Israel to non-Jews. While rabbis have introduced other widely accepted "permits," like the sale of chametz before Passover and the heter iska (to allow the conduct of business with interest), the heter mechira involves a legal fiction, according to those who view it as problematic.

"Most of the farmers in the country's kibbutzim and moshavim use the heter," said Rabbi Zeev Weitman, who is responsible for shemitah on behalf of the Chief Rabbinate of Israel. "We visit the farmers who are interested in the heter, explain to them the significance of shemitah and help them find ways to observe it."

An alternative mechanism that has been used for many shemitah years is the Otzar Beit Din (Treasure of the Rabbinical Court). The beit din appoints the farmers as its emissaries to grow, collect and distribute produce, which thus retains its shemitah holiness.

This year, for the first time, the Torah and Land Institute is making a concerted effort to centralize the Otzar Beit Din through the Otzar Ha'aretz initiative. Joining the program before the year 5768 enables farmers to assess the amount of produce they have to produce.

"The main purpose of the Otzar Ha'aretz is to support Jewish farmers in a significant way," according to Amichai. "Consumers and farmers are linked together, since consumers are committing themselves before the shemitah year to this method."

The farmers have invested tremendous resources in hothouses, detached planting beds, etc., to enable them to supply the public with strictly shemitah-observant produce based on advanced halachic solutions. They cannot make this investment without knowing that they have a guaranteed market for their produce.

The "detached" method was pioneered and fine-tuned in Gush Katif communities, until their destruction during the disengagement in 2005. It involved growing produce in hothouses, with plastic sheeting separating the soil to prevent growth from the ground, in line with shemitah requirements. It also ensures that the produce is worm-free. "There used to be 350 such hothouses in Gush Katif. Since the disengagement, very few farmers have set up new hothouses in their temporary dwellings," Amichai observed.

Another option, which is avoided by the Otzar Ha'aretz, is buying from non-Jews abroad and from the Palestinian Authority, for fear the proceeds will be used for funding terror.

On a practical level in the kitchen, the kedushat shivi'it, the holy produce, is treated with great respect. Vegetables that can be eaten raw are only eaten raw. Vegetable oils can be used in their regular manner for uses other than food – like olive oil for the chanukiyah – but not in other ways. Even the peels and leftovers are disposed of reverently in a separate bag. By using such produce, one's appreciation for the uniqueness and holiness of the land of Israel is greatly enhanced.

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