A concerted effort led by the leading rabbinical authorities
is underway to remove all traces of legitimacy in our times
for selling Eretz Yisrael to Arabs in order to allow its
cultivation during the shmitta year. This move was
supported by rabbinical authorities over a century ago
because of the special conditions prevailing then, but
nowadays they are very far from the reality and, according to
the leading poskim there is no basis for any leniency
in shmitta based on this approach. As a result,
kashrus- certifying bodies are asked not to grant any
recognition allowing the use of produce that is permitted
only due to the so-called hetter mechirah.
Gedolei Yisroel announced over a month ago that it is
totally forbidden to rely on the hetter mechirah, and
that anyone who lends a hand to doing so causes chilul
Hashem, in that he shows that it is possible to mock so
precious and sacred a mitzvah as shmitta. The letter
published in Yated Ne'eman repercussions at all levels
of the religious and chareidi community. It was widely
publicized during the past week, and appeared again last week
in the Hebrew edition due to the fact that there are only a
few weeks until the shmitta year, and that official
policies and institutional decisions on this issue must be
made now.
Strenuous efforts are underway by the mehadrin kashrus
committees to make all the arrangements necessary to allow a
modern standard of living to be maintained without uprooting
the mitzvah of shmitta year. Nonetheless, various
elements and some official institutions still stubbornly
insist on relying on the hetter mechirah, thereby
uprooting the mitzvah of shmitta and causing hundreds
of thousands of Jews to violate the halocho. Sadly,
they really mock the mitzvos of the Torah by casually
uprooting one with a hetter which has absolutely no
validity.
Rabbinical observers noted this week that most legitimate
rabbonim will find it hard to ignore the unequivocal opinion
of so many gedolei Yisroel, who wrote that even though
a hundred years ago, under tremendous duress and in a
situation of pikuach nefesh, some gedolei
Yisroel did permitted, on a one-time basis, the reliance
on the sale of the land, it is clear that they did not intend
their permission to apply to our current situation. "Whoever
lends a hand to the hetter mechirah, lends his hand to
the uprooting of the mitzvah. Our opinion -- daas
Torah -- is that is forbidden to rely on this
heter, and that this is a non-debatable issue, which
transcends all sects and communities. Every Jew is obligated
is obligated to observe shmitta according to the
halocho. Whoever assists or instructs the public to
uproot shmitta by the "hetter" causes a
chilul Hashem in that he publicly shows that it is
possible to mock this sacred and precious mitzvah."
A number of local rabbinates already announced that this
forthcoming shmitta year, they will grant no
hechsher or any other backing to merchants who sell
produce processed under the hetter mechirah in their
stores. Last week it was learned that the Department for Land
Related Mitzvos in the Jerusalem Rabbinate told all of the
merchants with whom it has contact in the general market,
that it sternly opposes the introduction of sefichin
for sale, and that it will sever all connection with those
who bring in forbidden vegetables to their stores.
It was also learned that a number of local rabbinates are
currently involved in formulating decisions to refrain from
the sale of all forbidden produce in places which have their
kashrus supervision.
Many rabbinical authorities who granted some certification
for hetter mechirah produce in the past are deferring
to the resolute instructions of the posek hador, Maran
HaRav Yosef Sholom Eliashiv, who told the municipal rabbis
who came to consult with him that there is no halachic basis
for selling vegetables that should be prohibited by the
issur of sefichin and whose sole basis for
permission is that they were grown according to the hetter
mechirah. HaRav Eliashiv said forcefully that there is no
basis for any leniency even if, as a result, food
enterprises, restaurants and halls will leave the kashrus
system, the same way that it is inconceivable to make such a
calculation for granting a hechsher where milk and
meat are mixed.
The Torah observant sector throughout the country hopes that
the call of the gedolei Yisroel will fall on willing
ears, and that those who insist on uprooting the mitzvah of
shmitta in this way will reconsider their intentions
and stop desecrating Hashem's Name and disgracing the mitzvos
of the Torah.
It is hoped that this year, as a result of the firm and
forceful campaign of maranan verabonon there will be
an essential and overall change in the attitude toward the
hetter mechirah. All hope that all the rabbinical
bodies will sanctify Heaven's name, and will prove to all
their loyalty to the Torah's mitzvos.
