|
|
| ||||
|
IN-DEPTH FEATURES
Part II
Editor's Introduction: The special laws that apply this
year 5761, as a shmitta year, are not as familiar as other
laws that apply all the time or at least every year. (This
year there are also some additional unusual situations with
erev Pesach coming out on Shabbos, as well as Purim -- but
that is a later story.) All of Torah needs to be reviewed,
and especially the laws of shmitta. Most laws apply
only in Eretz Yisroel, but some apply directly worldwide, and
others have consequences for those in chutz la'aretz.
For example, the agricultural laws are not as relevant to our
readers as those applying to the produce of shmitta (though
they apply to flowers and plants in pots).
Last shmitta the Degel Yerushalayim Cultural Fund
published a very popular sefer summarizing the laws of
shmitta originally edited and compiled by HaRav Yosef
Efrati and HaRav Meir Heisler, in consultation with the
poskei hador, and is as clear and well-organized as it
is authoritative. In some cases we made titles, but the text
all comes from that sefer. We have generally left the
spelling and style followed in the sefer. The page
references are to the edition of Tishrei, 5754.
With the kind permission of Degel Yerushalayim, we
herewith present excerpts from that work. We have tried to
select the most important issues, but these excerpts should
not be viewed as an authoritative halachic source, but merely
as a springboard for questions and research. The sefer
of Degel Yerushalayim has extensive citations of the sources
of the halacha, and the guidance of a competent posek
is essential as always.
Commerce With Fruits Of The Shmitta Year
Introduction
(Page 227) The Torah prohibits trading with fruits of
shmitta as it says (Vayikra 25:6) "[what grows while]
the land is resting may be eaten by you," and the Sages in
Avoda Zora 62a interpreted this as: for eating by you
but not for commerce.
Buying fruit of shmitta the way that one normally buys is
forbidden, because at the time of the sale we would disobey
the prohibition of commerce with fruit of shmitta and disobey
additional prohibitions such as:
1. The prohibition of sefichin by buying prohibited
vegetables.
2. The prohibition of shomur (crops not left ownerless)
and ne'evad (crops that were tended or worked on)
according to those opinions that rule strictly on this
matter.
3. One who buys after the time of biur ("removal")
disobeys another prohibition: it is forbidden to eat these
fruits if the mitzva of biur was not observed with
regard to them.
4. Lifnei iver (causing another to disobey a
prohibition) by causing the seller to commit the sin of
commercial transactions.( Rashi Succah 39a).
5. Transfer of demei shvi'is (money paid directly for
food of shvi'is) to an unlearned person, which the
Sages prohibited.
Therefore one should be particular to buy fruits and
vegetables that have the sanctity of shmitta only in stores
that are supervised by shmitta committees. The shmitta
committees see to it that there should not be any prohibited
produce in these stores.
How To Buy Fruits And Vegetables In Shmitta
Introduction
Fruit of a non-Jew
(Page 237) We have already explained in chapter 13 that
there are two practices regarding the sanctity of fruit of
shmitta with regard to fruit from a field of a non-Jew. The
basis of these two practices can be found in the dispute
between the poskim, the Beis Yosef and the
Mabit.
Practice of Jerusalem
The practice of Jerusalem follows the opinion of the Beis
Yosef that the laws of shmitta do not apply to fruit of a
non Jew.
The opinion of the Chazon Ish
The Chazon Ish ruled according to the opinion of the Mabit
that the fruits of a non-Jew are subject to the sanctity of
shmitta and all the laws of shmitta apply to this fruit. As a
result, there are differences in the way various shmitta
committees market produce of shmitta. Those shmitta
committees which follow the opinion of the Beis Yosef
(the Jerusalem practice) supply the shmitta stores with
produce which in their opinion does not have the sanctity of
shmitta (such as non-Jewish produce or imported produce).
Business in these shops is carried out as is usual every
year, since the produce does not have the sanctity of
shmitta.
Those shmitta committees which follow the opinion of the
Mabit (and take up the decision of the Chazon Ish),
that non-Jewish fruits have the sanctity of shmitta, conduct
their shops in the framework of Otzar Beis Din
(distribution on behalf of the Beis Din) or as agents
of the buyers as will be detailed below.
Decorative Flowers
Sanctity of shmitta.
(Page 247) 1. Flowers that do not have a scent do not
have the sanctity of shmitta.
Flowers which are meant to be smelled have the sanctity of
shmitta and commercial transactions with them are forbidden.
Some are of the opinion that flowers which have a scent but
are not meant to be smelled do not have the sanctity of
shmitta because they are mainly for decorative purposes.
Others are of the opinion that they do have the sanctity of
shmitta since they have a scent.
Commerce
2. Commercial transactions and buying and selling of flowers
that do not have a scent is permitted if they were not sown
or cultivated in a prohibited manner during shmitta since
they do not have the sanctity of shmitta.
Sefichin and ne'evad
3. It is forbidden to buy flowers even without a scent if
they were sown, planted or hard work devoted to them in
shmitta, for a number of reasons: Some poskim are of
the opinion that these flowers have the prohibition of
sefichin. (However, there are opinions that the
prohibition of sefichin does not apply to that which
does not have the sanctity of shmitta). They are also
prohibited because they were sown and hard work devoted to
them in the shmitta. Even those who are lenient regarding the
prohibition of ne'evad (see chapter 22: "Shomur
Vene'evad") are not lenient about plants such as flowers
that are not essential for everyone.
4. Flowers that have the sanctity of shmitta, that began
growing before shmitta, are not subject to the prohibition of
sefichin. However, one should treat them with the
sanctity of shmitta with all its rules.
5. Roses that survive from one year to another have the
sanctity of shmitta but not the prohibition of sefichin
because they are like tree fruit.
Otzar Beis Din
Introduction
Source for Otzar Beis Din
(Page 251) It is in the public interest that shmitta
fruit that was declared hefker should be brought to one
place by the Beis Din and distributed according to the
law. The source of this institution is the Tosefta
(Shvi'is 8:1) which states: Originally agents of the
Beis Din would sit at the city entrances and take the
fruits brought in by people and give them enough for three
meals, while the rest was put in the city store house. When
the time of ripening of the figs came, Beis Din agents
would hire workers to pick them and press them into cakes of
pressed figs, and put them in the city store house.
Distribution by Beis Din
The Tosefta goes on to teach us that every Friday the
Beis Din would distribute the produce according to the
size of the family. The Ramban in his commentary on the Torah
(Vayikra 25:7) cites this Tosefta and so does the
Rash in his commentary to Shvi'is 9:8.
Two Halochos are expressed in the Tosefta: 1.
That Beis Din agents would take produce from those bringing
it and give the bringer food for three meals. The rest would
be put in the city storehouse.
2. Beis Din agents hired workers to pick fruit and
process it.
Biur
The Ramban in his commentary to the Torah explained that
fruit put in the city storehouse do not require biur.
(The laws of biur will be explained below). He writes:
"The produce gathered in the Otzar Beis Din does not
require biur since it has already been removed from the
house (of their owner). Both poor and rich are permitted
after the time of biur to come and receive them from
the Beis Din and eat them."
Method of harvesting and fruit picking
According to the ruling of the Chazon Ish, where the
harvesting and fruit picking was done on behalf of the
Beis Din, there is no need for it to be done in a
different manner. The Chazon Ish writes: "the verse in the
Torah 'not to harvest' which is interpreted to mean as not in
the normal way refers to the owner and the implication of the
Tosefta is that all of it can also be cut at the same
time," which means where agents of the Beis Din act
with the aim of distributing shmitta fruit to the community
they can harvest it in the normal manner. So too fruit that
is in the public storehouse does not require biur.
The proper manner of distributing shmitta fruit collected
from shmitta-observing settlements, to the consumer is
through the Otzar Beis Din. The consumer must treat
this fruit with the sanctity of shmitta.
The Laws Of Shmitta For One Who Lives Outside
Of Eretz Yisroel
Introduction
Sanctity of Shmitta Abroad
(Page 313) The Sages prohibited taking shmitta fruit
outside of Eretz Yisroel. Unfortunately, many fruits that
have the sanctity of shmitta are exported in a prohibited
manner. Therefore those who live outside of Eretz Yisroel
should know how to conduct themselves with such produce as
all of the laws of shmitta apply to everything exported that
has the sanctity of shmitta. This includes fruits, vegetables
and canned goods, juices and wine if made from fruits or
vegetables that have the sanctity of shmitta or if they
contain shmitta year fruits in part.
Ban of export
1. It is forbidden to export shmitta fruit that has the
sanctity of shmitta from Eretz Yisroel. However, fruit that
was exported in a prohibited manner does not become forbidden
because of this. Therefore if there is no prohibition of
sefichin or shomur vene'evad these fruits may be
eaten outside of Eretz Yisroel. (see below)
Exported shmitta fruit must not be transported from one place
to another because that is considered as another act of
export.
Vegetables
2. However, one should take care not to use vegetables that
are subject to the prohibition of sefichin outside of
Eretz Yisroel. (See Table of Dates compiled by the Institute
of Agricultural Research According to the Torah at the end of
this work).
Shomur vene'evad
3. Most of the exported fruit (and vegetables that are not
subject to the prohibition of sefichin) were not
declared hefker in the proper manner and were guarded
in a prohibited manner or prohibited work was done to them.
Therefore some say that it is forbidden to use them. Others
say that shomur and ne'evad may be eaten (see
chapter 22: "Shomur Vene'evad"). However, one must
treat these fruits with the sanctity of shmitta (for details
see above chapter 16: 'Proper Use of Shmitta Fruit and the
Prohibition against Improper Use").
Purchase of fruits
4. Even when the fruit is permitted one should take care not
to buy it from a Jew in a manner that would cause the seller
to disobey the prohibition of commerce or he should buy it
from non-Jews who grew it in Eretz Yisroel. (see chapter 18:
"How to Buy Fruit and Vegetables").
Sanctity of Shmitta
5. One should take care to treat the fruit as explained in
the chapter "Proper Use of Shmitta Fruit." Therefore the
fruit should only be used in the normal manner. One should
also not serve it to a non-Jew (but he may serve it to a non-
Jewish guest).
Biur
6. One should eat the fruit before the biur time
otherwise he will have to remove them and declare them
hefker at the time of biur. (Some rule strictly
and require that the fruit be returned to Eretz Yisroel
before biur time since some opinions require the
biur to be done in Eretz Yisroel.)
Export of an esrog
7. It is permitted to export an esrog if there are grounds to
fear that otherwise the mitzva will not be observed in that
place. This is the way the Chazon Ish ruled.
8. Some permit the export of shmitta esrogim within the
framework of Otzar Beis Din.
9. Even if the esrog was exported in a prohibited manner, it
can be used for the purpose of the mitzva of lulav and esrog
but if it was shomur or ne'evad then according to
those opinions who prohibit shomur and ne'evad
there are some that say that the esrog may not be used. (See
chapter 22. "Shomur Vene'evad").
10. An esrog of shmitta that had been exported should be
eaten before the time of biur (that means, before the
month of Shevat).
Pruzbul
11. The practice is to make a pruzbul on the day before
Rosh Hashana of the eighth year. Some take a stricter line
and also write a pruzbul the day before Rosh Hashana of
the shmitta year, since there are Rishonim who hold
that it is forbidden to claim a debt in the shmitta year
itself.
Pruzbul abroad
12. If the shmitta has passed by and he did not make a
pruzbul some say that his loan is not canceled because
shmitta does not cancel loans made abroad.
13. One outside Eretz Yisroel to whom people in Eretz Yisroel
owe money, should arrange the pruzbul before sunset of
Rosh Hashana in Eretz Yisroel because the debt would be
canceled with the sunset in Eretz Yisroel for the borrower in
Eretz Yisroel.
Traveling abroad
14. Those who travel from Eretz Yisroel should not take food
that has the sanctity of shmitta for the journey, but should
prepare food that does not have the sanctity of shmitta or
buy food abroad. In extenuating circumstances he may take
food but only for the journey itself.
Shmitta Of Money
(Page 333) At the end of seven years you shall observe
the shmitta year.
The manner of the shmitta is that every creditor shall cancel
any debt owed to him by his neighbor. He shall not exact it
from his neighbor and his brother when G-d's shmitta comes
around.
You may collect from the alien, but if you have any claim
against your brother for a debt you must relinquish it
(Devorim 15:1-3).
Be very careful lest you have an unworthy idea and say to
yourself: the seventh year is approaching and it will be the
shmitta year. You may then look unkindly at your impoverished
brother and not give him. He will complain to Hashem about
you and you will have a sin (Devorim 15:9).
We have been commanded to observe three mitzvos regarding
shmitta of money
1. There is a mitzvas asei to cancel all debts that a
person owes, as it says "At the end of seven years you shall
observe the shmitta year, the manner of the shmitta is that
every creditor shall cancel any debt owed to him by his
neighbor."
2. There is a mitzvas lo sa'asei not to claim debts
from another person after the shmitta as it says, "He shall
not exact it from his neighbor and his brother when G-d's
shmitta year comes around."
3. There is an additional mitzvas lo sa'asei not to
refrain from lending money before shmitta because of a
suspicion that the return of the loan will be delayed and
therefore canceled. One who refrains from lending disobeys a
Torah prohibition, (Devorim 15:9) "Be very careful lest
you have an unworthy idea and say to yourself: the seventh
year is approaching and it will be the shmitta year, you may
then look unkindly at your impoverished brother and not give
him. He will complain to Hashem about you and you will have a
sin."
The Laws Of Shmitta Of Money
Cancellation
(Page 339) 1. It is a mitzvas asei to cancel all
debts, both written and oral, during shmitta.
According to most Rishonim shmitta of money is
afka'ata demalka (cancellation by heavenly decree)
meaning that the lender does not have to declare that he is
canceling the debt; the debts are canceled by themselves.
2. Cancellation of the debts includes foodstuffs -- for these
foodstuffs which were borrowed are not returned -- therefore
the shmitta cancels the debt of foodstuffs that one lent a
neighbor.
Nowadays
3. According to most Rishonim, nowadays, shmitta of
money is a Rabbinical requirement. The Sages instituted it so
that the concept of shmitta of money not be forgotten by the
Jewish people (Gittin 36b.)
Where does it apply
4. According to most poskim this mitzva applies
everywhere, both within and without Eretz Yisroel because it
is not a mitzva dependent on the Land but rather it is a
personal obligation.
The time of the cancellation
5. According to the halacha, shmitta cancels debts at the end
of the year, that is at the end of the afternoon of 29 Elul
5754 as it says (Devarim 31:10), "At the end of each
seven years at a fixed time on the Festival of Succos," and
the Sages (in the Sifri) explained that "at the end"
means after the shmitta.
The shmitta year
Therefore during shmitta one is permitted to claim any debt
owed to him and after shmitta, it is forbidden to claim any
debt whether the loan was made before shmitta or during
shmitta.
Claiming debts
6. According to some Rishonim claiming a debt is
forbidden even during the shmitta. Therefore some follow the
practice of writing a pruzbul on the eve of Rosh
Hashanah of the shmitta also (see below chapter 30:
'Pruzbul').
Cancellation stipulations
7. Shmitta cancels debts even if the lender made a condition
that shmitta should not cancel the debt, because if one makes
a condition which is contrary to that which is written in the
Torah, the condition is void.
However, if the borrower and the lender agreed between
themselves that the borrower will not cancel the debt, the
condition is valid, because in this case the borrower
undertakes to pay the money that the Torah does not obligate
him to pay, and this is not prohibited because a person can
undertake any financial obligation (since all conditions
involving money are valid).
Repayment after shmitta
8. When a borrower comes to repay a debt after shmitta, the
lender must declare, "I cancel it and you no longer owe it".
If the borrower says, "even so I want you to accept it," the
lender is permitted to accept the money because with this
statement the borrower's intention is to give the money to
him as a present.
The Sages were pleased with one who repays a debt after
shmitta.
These laws also apply today if the lender did not write a
pruzbul.
9. Some people are accustomed to lend a small sum of money
after writing a pruzbul. The pruzbul, having been
written before the loan, does not apply to this debt. When
the borrower wishes to repay the loan the lender can then say
"I cancel it" and refuse to accept it. In this way he can
fulfill the mitzva of canceling debts in shmitta in actual
practice.
He should stipulate at the time of the loan that it is to be
repaid before Rosh Hashanah.
Refraining from Lending
10. One is forbidden to refrain from lending money because he
suspects that perhaps the borrower will not repay his debt
until after shmitta and then it will be canceled.
There are certain cases which the end of shmitta does not
cancel:
Loan for a period of time
11 a. If a loan is for a number of years, such as ten years,
and the period ends after shmitta the loan is not canceled.
Since both the lender and the borrower agreed to the
condition that the loan is for a certain period, and during
that period the lender has no possibility of claiming it, it
is not defined as a loan which "You shall not exact," and the
laws of shmitta of money only apply to money that can be
claimed now.
Loan against Security
12 b. Shmitta does not cancel loans where the lender holds
something of the borrower's as security, because a loan made
against security is considered as having already been
claimed. If the amount of the loan is more than the value of
the security there are those of the opinion that the shmitta
cancels the part of the loan that is greater than the value
of the security; others disagree and say that any loan
against a security is not canceled at all, not even that part
that does not have a security against it.
Credit
13 c. Shmitta does not cancel credit given by a store that
did not give a specific date for payment, for a store usually
gives credit for a long period and does not demand payment
immediately. Thus it is as if the time of payment was
arranged for a date after shmitta. Here shmitta does not
cancel a loan.
However, if a specific time was given for payment, the money
due is considered as a debt and is canceled by shmitta. Some
are of the opinion that even if the storekeeper had only
prepared the bill the money due it is not considered as
"store credit" that is not canceled, but is considered as an
ordinary debt that the shmitta cancels.
Salary
14 d. Since salary is not a loan it is not canceled.
Promissory notes handed over to Beis Din
15. Shmitta does not cancel a debt transferred to Beis
Din. The lender can transfer his promissory notes to
Beis Din and Beis Din claims the loan from the
borrower (because shmitta only cancels debts between one
individual and another as it says, "Any claim against your
brother"). This means that a lender is forbidden to claim a
debt, while Beis Din may, because it is not included in
shmitta of money.
Pruzbul
The Enactment Of Hillel
(Page 353) Hillel the Elder saw that people were
refraining from lending to one another because they suspected
that perhaps a borrower would not pay back his debt until the
shmitta and the lender would lose his money. Thus they were
disobeying what was written in the Torah, "Be very careful
lest you have an unworthy idea." He also saw that the poor
people could not find from whom to borrow. He therefore
instituted the pruzbul.
Pruzbul
The word pruzbul is a shortened form of the word
pruzbulote and is composed of three words, proz --
enactment, bole -- wealthy, bote -- poor.
Pruzbul was an enactment for the benefit of the poor to
enable them to find people to lend them money (that the doors
of credit should not be closed in their faces) and an
enactment for the wealthy that they should not lose their
money by having their loans canceled in shmitta.
The Basic Pruzbul Itself
I (the creditor) transfer to you, so and so and so and so,
the judges, (the power of attorney) that I shall be able to
claim through you any debt owed to me whenever I wish. And
the judges or the witnesses sign.
The Nature Of The Enactment
The essence of Hillel's enactment is that the Sages broadened
the scope of the law of transfer of promissory notes to
Beis Din as follows:
1. If one informs Beis Din about his debts it is
considered as if he transferred his promissory notes to
Beis Din.
2. The Sages further added to this enactment that
pruzbul is even effective for verbal debts, even though
according to basic law the concept of transferring them to
Beis Din does not apply.
Land
A pruzbul is only written if the borrower has land (if
the borrower does not have land (see below chapter 31: "The
Laws of Pruzbul").
The Text of The Pruzbul
We were in a session of three dayanim and appeared before us
and said to us: This year is the seventh year and I have both
promissory notes and verbal debts owed to me by various
people. I am handing you a pruzbul, and give you as a present
four amos of land that is mine in a formal act of
acquisition, and by means of that land I have authorized you
to claim all debts owed to me by various people. I now
request you to be my dayanim, to claim and receive the debt
on my behalf. Should you not claim them, since I have handed
this pruzbul over to you I may claim any debt owed to me
until this day by anybody whenever I wish.
And we the Beis Din, have heard these words and granted him
power of attorney so that shmitta should not cancel his
debts, and that he may claim them by means of this pruzbul
according to the enactment of Hillel and our Sages of blessed
memory.
And we affix our signatures this day of the month year
Signed Signed
Signed
The Time For Writing the Pruzbul
A pruzbul may be written as long as the lender may
claim his debt which is until the end of shmitta.
Pruzbul Today
According to the opinion of the Rambam the enactment of
pruzbul is only effective when shmitta of money is a
Rabbinical requirement.
One who violates this trust and buys and sells the produce of
Shmitta, in disregard to the sanctity within the fruit, is
denying Hashem's title to the world. Therefore, his just
punishment will be that he loses title and ownership to his
house and fields, and will, eventually, be sold into slavery.
During the period of exile, the land will remain
uncultivated. This is an atonement for cultivating the land
during Shmitta. Hashem has warned us, "If you will not
disown, even partially, your title to the land by keeping
Shmitta, I will reclaim it and you will be exiled from the
land. Once you will realize this bedrock foundation, I shall
return you to your land."
Thank G-d, in our day, we have those stalwart heroes that
keep the laws of Shmitta. May they receive His Blessings.
(Maran HaGaon Rabbi Yechezkel Abramsky, Of Blessed Memory --
Author of Chazon Yechezkel)
(Kesav Sofer)
"To Eat From Her Fruit"
(Page 163) Rabbi Avrohom Dov, the Tzaddik from Avritz
came to Eretz Yisroel and settled in Tzefas. He took upon
himself to eat only produce that is grown in Eretz Yisroel.
As a result of a drought, they were forced to import wheat,
from abroad. However, the Tzaddik preferred to go hungry
rather than eat bread that was imported. He justified his
refusal to eat the imported food, with the following
explanation. "The Torah considers the possibility that we
will ask, 'What shall we eat during the seventh year?' And
promises us that the harvest of the sixth year will suffice
for the seventh also. The Torah could have provided a much
simpler solution. Import food from abroad. We derive from
here that this is not the answer, and we need a Heavenly
promise to provide food grown in Eretz Yisroel. | |||
All material
on this site is copyrighted and its use is restricted.
Click here for conditions of use.