Shabbat Parashat Behar - 5782

Shabbat Parashat Behar - 5782

Rabbi Hal Miller

When you come to the land that I am giving you, the land shall rest a

Sabbath to God. [Vayikra 25:2]

When and where does shemittah apply? We all sort of 'know' that it applies

in Israel, but not in the diaspora just because that's the way things are done.

But where does this come from?

Our verse begins "When you come to the land". Does that make this command

applicable to a person who makes aliyah, or does it apply to the land itself but

only at a time when 'we' come to the land? What does "you come to the land"

mean? What land or lands are involved?

Sforno says that this is "a reference to the land west of the river Jordan", citing

Torat Kohanim, thus would not include a huge percentage of what God promised

to Avraham initially. Torah Temimah cites the next verse from Torat Kohanim, "I

might think it includes Ammon and Moav, therefore it is written, 'that I give to you'

and not Ammon and Moav." Based on this, we understand that shemittah does not

apply in the diaspora. Sforno further says that "the land shall rest a Shabbat" also

means that this commandment is a reference to the soil intended for farming, and

thus applies to the land as opposed to the person.

Rav Hirsch points out the repetition of the words "your field" and "your vineyard"

in this section and says it means that the command only applies once the land was

divided up among tribes, then among families, and then to individuals. Rav Joseph

Soloveitchik says that "when you come" means "all of them come", or "a majority of

Jews must live in the land for there to be a Biblical obligation." Since today the

mitzvah is only rabbinic, there are leniencies allowed, such as heter mechirah, the

selling of the land to a non-Jew so it can be worked. But he points out that with the

loss of sanctity of the land with the destruction of the First Temple, even with Ezra's

resanctification, it was never properly redivided to individuals, only to the nation,

thus no sale can be effective and heter mechirah should not be allowed. Both of

these commentators seem to think that the mitzvah is tied to the person rather than

to the land.

Rambam sees this mitzvah as a means to implant mercy and pity in man. "The

mitzvot of shemittah and yovel include pity for others and being generous". Again, an

argument that perhaps it applies to the person. He also understands that shemittah

is dependent upon yovel, so until yovel applies, shemittah will not either, and this he

says will only come about in the days of Moshiach. Until then, shemittah is a

rabbinic mitzvah, not Biblical, and not dependent upon the 50 percent-plus majority

that the Sages say.

Alshich also seems to go with the person when he asks why the Torah had to write "that I give to you" when it is known that everything is His and He gives as He chooses. Man has a feeling of proprietorship. This is to remind him that it is not in his power, but is a gift from God." Given that almost half the living Jews are now in Israel, the law of shemittah just might become a Biblical obligation at any time, depending on which opinion we follow. Perhaps then it will become clear.