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Rabbi Yehoshua Weber - Parsha like you've never learned it - Behar - Bechukosai
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Okay, so first of all I just want to
thank all of you. My printer was down
last minute. I WhatsApped him, he came
to show all he printed here. Like I mean
there's a lot of stuff that goes into
making this year happen.
Okay, secondly I'm not going to be able
to Yeah, yeah definitely a round of
applause is is due. Um
Um secondly I won't be able to give the
topic due justice. It's It's It's It's a
large topic. Um it's a small block of
time. I'm not going to spend a lot of
time in tonight cuz it's It's like by my
for wedding. I mean that's what like by
my is about, right? So um maybe 9:10
I'll um
in a way we should maybe continue next
week. But I I really want to touch upon
what Shmita is all about.
And I'm really going here partially cuz
it's Parshas Behar. Parshas Behar is
about Shmita and Yovel. But partially
cuz it came up a few weeks ago. And And
what came up a few weeks ago is is that
there are these different planets in
Israel when it comes to Shmita. You have
the Charedi community where by and large
the mindset is everything grown in
Israel is treif. You know, you just you
shouldn't be working the land in any
form or fashion. And people buy into
what heter is called. They buy um um
produce that was produced abroad because
the land is supposed to rest.
You have the Mizrachi community where um
people say, "Well, we rely on a heter
for all types of other things. Women
want to cover their hair, they don't
want to wear paper bags on their hair so
they wear sheitels." A little bit
dubious. You want to lend with interest
because otherwise the economy won't
function. Rely on a heter is called. You
rely on a heter here also. And that a
heter allows you to um not work the land
directly. Sell the land to a non-Jew.
Have non-Jews work the land and it's
fine and good. And it's And it's
preferable because this way you're
maintaining the Israeli economy. And
each community thinks it's right. I I
don't want to go into the, you know,
who's right, who's wrong. I don't think
that's the objective of the shear here.
What I want to present is is that there
are significant sources in both
directions that are surprising. And the
title of the article is Shmita
spirituality, social stability, or both.
Um the article sort of covers, you know,
that you know, the motif of Shmita. It
actually touches about other mitzvahs
also. Hakadosh Baruch Hu is a Koliachol.
And if Hakadosh Baruch Hu gives us the
Torah with a with a compass for living,
it makes sense that compass is going to
address the spiritual, the
interpersonal, the economic, everything.
And what I'd like to show is that Shmita
is really about both.
So, before we talk about the approaches
that the different communities take,
let's talk about the basic Rishonim who
deal with Shmita. Now, when it comes to
Shmita, when it comes to understanding
mitzvahs, who is the most important
authority in Jewish life? Really in
Jewish life, if you have to pick one
authority who defines Jewish life, who
would that be?
Rambam. I No, I mean, it's a It's really
a horrible question to ask. I mean, but
I would say the Rambam Halacha is the
Rambam. Shulchan Aruch is based on the
Rambam.
Theology is the Rambam, the um you
Gimalei Korim, the Moreh.
Um and the Rambam Rambam Rashi maybe
Perush. I mean, you know,
who's the greatest?
>> [laughter]
>> Well, on on the Rambam's tomb it says Me
Moshe u Moshe lo kam Kemoshe. He's the
only one who has that. So, it's you
know, it's not to say the greatest, but
the Rambam is huge. I want to show you
what the Rambam says about Shmita. The
Rambam is a pragmatist.
And I think you'd be really surprised by
the Rambam. So, let's read it inside. In
a way, I I'd rather that one of you read
it just so that you're not reading with
my bias. I've seen this Rambam.
>> [snorts]
>> Now, let's see the Rambam source two.
It's on page four.
Um and I think you'll be you'll be
surprised. Anyone want to read the
Rambam Now, it's the Moreh. The Moreh is
a translation from the original Arabic.
It's not a It's not the original. The
original version is in Arabic. It's
translated. But, you know, it's close.
It's 98 98 99% of the year. And there's
really no question. Okay? Two, anyone
want to read? I think it'll be I I think
it'll be more Please, yeah. I think
Yeah, I think it'll be more meaningful.
Yeah.
Rambam.
So, it's page four. It's source two.
Safe from Moreh Nevuchim Perly D'mo
Perig on the test.
But all the mitzvahs that are there in
shmita and yovel
Okay.
Page four, source two.
Right, mercy from good goodness for the
people.
And and the
and allowing for economic abundance,
allowing for wealth. Okay.
So you on shmita you don't farm your
land and the poor people eat.
So that the land will increase its
crops.
It's when a land smoother. Okay, may
have honey above them. And also, you
know, so we'll stop here cuz that really
easy. So the Rambam when he talks about
shmita that mentions nothing about
spirituality,
about connecting with God, he says, "You
got to leave your land fallow." Um it
came up so I really want this to be the
motif of a shear. And if you don't leave
your land fallow, it'll it'll go bad. So
the Torah instituted um the idea of
shmita every seven years so that people
should leave their land fallow.
It's just good, that's all he says. He
says nothing about spirituality. Now,
we'll develop it, but that's all the
Rambam says. And he's quite specific.
So we're going to go we're going to go
there. We're going
It's better?
Interesting. So interesting.
>> 16, 17, 21
>> [clears throat]
>> has good wine. It's always the better
wines. And if you go you walk into the
wine store, you really ask him which
years are the best wines in in
Sweden.
Yeah. Right. So
I'm going to actually compress today cuz
again I've got to run to wedding in
mistake. I I I must go. So like 9:10 is
really remind me 9:10 because otherwise
you know I turn into a pumpkin and you
turn into pumpkins because I'll be
disappointing my wife, right? So that my
pumpkin cake becomes your pumpkin cake.
So um
So firstly it seems so odd that it's
about farming advice. Well, let's
discuss this and I want to go back to
something we discussed in the share
room. First of all, who are the people
who are coming to our citrus roll?
They had been nomads in the desert
before they had been slaves in Egypt.
The the there was no exposure to
farming. There was no understanding of
farming. So they needed farming advice.
Yeah. Well, you'll tell me is that all
it's about? I'm not saying it's all it's
about. It's all the Rambam mentions
here. And you know the fact that the
Rambam mentions only this and nothing
else I think speaks volumes. Is it also
about spirituality? Perhaps. We'll see a
soon who mentions that. But I think
there's much more to it than that and I
think we discussed that here within our
little group. Right? I think again I
don't remember what I discussed here. I
mean I I taught many places in over the
years. Please yeah, there's more than
enough. Um it's a packet of six but they
weren't stapled so six pages.
Did we discuss this Menachem Shmita? Did
this come up a little? I don't remember
yet.
We began. Yeah, so that prompted me that
um the desire to go through this. I
think the fact that the Rambam doesn't
say other things is because it's obvious
that Hashem owns land when he That's
what I think that that's what he's not
saying. So I'm not so sure. I think
we're so conditioned to viewing that is
that that we sort of but
I mean the Rambam would say I I will say
"Kol Mitzvos determined that it was
actually God's plan and then the Rambam
would have no leg to stand on. So we're
going to we'll come to it in a moment
but it actually is good for the land
because every farmer knows that you have
to rotate crops and you have to let land
lie fallow. So it is the way and that is
the reality. Farming has been around for
a long time. People, I farm. I have a
little garden patch. I know you have to
sort of rotate. You have to you
Remember there were no fertilizers,
there was no artificial nutrition. So
you had to let land lie fallow. But I
want to come back to a very important
point that I discussed within our little
world. If you're going to let your land
fallow, why have everyone keep the land
fallow the same year? That's foolish. So
every 7 years you will struggle.
So what do we discuss within our little
group? I really want to develop this
because it's important. But I think I
think we discussed it within our little
group. Maybe we didn't. How are you
going to survive that 7th year? So
miracles, right? But the Rambam doesn't
mention that. I mean the Torah says that
it will create produce, but the Rambam
doesn't mention the miraculous will
cause you to survive. How in in people
who are meant to be pragmatic and the
Rambam is pragmatic, they know there's a
shmita year, how are they going to
survive that shmita year? The year
before. And what do they do the year
before?
They'll store grain. But storing grain
was something revolutionary in the
ancient world. Yosef in Egypt lived not
much not long not long before we came to
Israel, right? We spent 40 years in the
desert. And we were in Egypt for a few
hundred years, but a few hundred years
is not a lot. It seems that when the
famine was striking Egypt, no one knew
anything about storing grain because
Yosef had to build storehouses, right?
So the whole idea of storing grain from
year to year was something that the
ancient mind hadn't really developed.
And proof in the pudding is we discuss
Maybe I didn't discuss this here, maybe
I discussed this in my community. I
don't remember where we discussed this.
But I think we we compared northern
societies to southern societies. So it
wasn't discussed here. Um northern
Europe versus southern Europe. Which
societies are wealthier have
historically been wealthier? Sweden,
Denmark, Germany, England or
Last week Right, we discussed And why
are these societies wealthier? You
pushed me, though. Well, but because the
northern societies should have a
standard of living that is a third on
the level of southern societies.
Southern societies have two growing
seasons. Southern societies also have to
expend much effort heating, and in the
ancient world that was a lot. So, you
would think that the standard of living
in Spain would be triple the standard of
living in England 150 years ago before
modern implement implements were in
place. But, Spain and Portugal always
trailed behind. Because in northern
societies to survive the winter, people
needed to plan, and they needed to set
aside, and they needed to to farm in the
summer and preserve for the winter, and
they needed to to prepare firewood, and
they needed to pickle and preserve, and
that creates creative people. That
creates people with a with long-term
thinking. It creates people who can
plan. It creates a more developed, more
thoughtful, more organized society.
What?
No, no, no. So, blessings, right? The
blessings of a skinny having to
struggle, having adversity will make you
stronger.
So, by having everyone keep shmita the
same year, people will need to build
storehouses. They will become wealthy
because of this. So, Hakadosh Baruchu
commands that there will be blessing.
Could be, for sure. Pasuk tells you.
But, what is that blessing? Is it a
divine increase in the crop? That, too.
But, is it also the idea that you will
have created a society that knows how to
save and is prepared for famine and is
prepared for war? That, also. The Rambam
only mentions the pragmatic. You're
saying the Rambam assumes that it's
about divine realities, also, about
connecting to Hakadosh Baruchu. I'm not
so quick to assume that because the
Rambam pointedly doesn't say that. Kol
Hamitzvot u'Mitzvot u'Shmita, Yovel may
Hamlacha. It's all he mentions, and that
seems to be deliberate, and I will tell
you
the Chinuch quotes the Rambam, and he
seems to believe that the Rambam is all
about pragmatic. They knew nothing about
farming. They needed this because they
wouldn't have known what to do when they
came into Israel. Hakadosh Baruchu from
had them all keep it on the seventh
year. That creates a tension, but a
healthy tension, right? If a parent
tells a child who's 25, you know what?
I'm going to stop supporting you. Even
though the child the parent can support,
you might be doing the child the biggest
favor in the world because at the end of
the day, the child will have to create
his own reality. That might be to his
benefit. Hakadosh Baruch was saying, um
here, I'm going to create a tough
situation where every seventh year you
can't work the land. All at the same
time, it'll be about follow, but it'll
be be about increasing productivity.
Now, the Hinuch quotes the Rambam. Let's
go back to the Hinuch. One, okay.
Okay. It's three.
Okay.
Uh this is page three at the bottom. The
Hinuch only talks about spirituality,
nothing else. Okay?
So, I'll go through this quickly cuz
actually we're short on time today. So,
he says, firstly, Hakadosh Baruch always
wants us to rest on the seventh day to
to remind ourselves of of my
cerebrations. That's it seems like a
little bit of an overkill cuz everyone
knows that. In the ancient world, not
everyone knew that. People didn't
believe in Christianity. They believed
in a universe that had been around the
whole time. The whole idea of having a a
day of rest on the seventh day was
revolutionary.
So, it's built in again and again and
again.
That's the Hinuch's first point. Then
the second one All the points that you
made, Chaim, to remind us that Hakadosh
Baruch was in charge, that we don't
control our destiny. And the third is
that you're a vatran. If you don't work
your land, you're going to leave it open
for the poor people. People will walk
through your land. It'll humble the
rich. It'll empower the poor. It'll
create a more even kill society. It'll
force people to humble themselves.
But that's all the Hinuch mentions. He
doesn't mention anything pragmatic. Now,
does he not believe that there's
something pragmatic in letting the land
lie fallow? I would imagine he does
because he knew that people let their
land lie fallow. Maybe it doesn't need
to be said. Maybe the Rambam is the
same.
But the Rambam is actually more explicit
than the Hinuch. The Hinuch only lists
these three things. The Rambam seems to
exclude other lines of thinking.
Now, could it be both? So, in this
little article that again, it's been
rewritten. It's it's it's it's you know,
it's book ready in a few months.
I mean, I'd love to present the book to
all of you.
I I tried to point out that lots of
mitzvahs that we don't even realize are
about dual benefits. Kashrut, right?
Kashrut is about self-discipline. You
can eat everything. It makes you a
stronger person. Kashrut is about
about creating Jewish social bonds
because when you eat with your own, you
socialize with your own, you're marrying
with your own. And maybe there's
something to relate. We shouldn't don't
talk about that. That's a later
development that that has cabalistic
tendencies. There's lots of things that
come and that's the way God is with us.
Shabbat is about God with us,
but Shabbat is also about family and
it's about empowering poor people
whenever they arrest. It's about the
social, it's about the divine.
Kashrut is about the social, about the
divine. Why can't Shmita be about both?
It's very likely about both, but
different we show them stress different
things and this has everything to do
with how things play themselves out in
contemporary Israel.
If Shmita is really about the divine and
connecting with God with us,
then the Haredi approach in Israel makes
a lot of sense. You don't work your
land.
How are you going to survive? God with
us will take care. Now, the truth is
it's a little bit interesting because at
the end of the day,
all the farmers who don't work the land
come collecting in Hutz La'aretz. So,
there are funds that fund them. So, you
know, I guess
There's also loopholes where they have a
guy buy land.
But that's that's but but the classic
Haredi approach is it's the right thing
and you spend the year learning and you
spend the year trusting in God with us
and you become a veteran. The Mizrahi
approach is is the exact opposite. And
let's think about this.
And again, we'll condense because I'm
short on time because I want you to see
the sources.
Did [snorts] we go through all of this?
You and I or not?
Part of it.
Let's say um
people would not all Israeli farmers
would stop farming the land every
seventh year, right? So, right now, the
farmers who choose the Haredi approach,
there's a Karen that supports them, and
they can make it through the year. But,
if all Israeli farmers would stop
farming the land on the seventh year,
would they all be supported?
I don't think so. By who?
>> Hashem is But, Hashem isn't supporting
the farmers that they come collecting
every 7 years.
>> cuz that's how That's how So, okay, so
could be
could be, but I'm just saying if if they
would all would they be Maybe, but I'm
just saying if if it would be an open
nice, then you wouldn't have to come
collect, right?
>> nice probably [snorts] is.
Right.
Well, but if they all wouldn't farm, I
think many people who take a Rambam
esque approach would say, "It's going to
be tough to to
continue farming the land." Why? Even if
you'll survive the seventh year, what's
going to happen?
Um so, I'm not sure how many of you have
retail stores or
many Whatever you do, you probably have
customers or relationships, right?
Unless you're an accountant. Is anyone
here an accountant?
You're an accountant, right? So, you
have you you work with you work for a
firm or you work with clients
individually?
>> [clears throat]
>> Individually. So, let's say you tell
your um client, "I'm going to be your
accountant, but every seventh year I'm
not going to be your accountant." What's
going to happen?
Find somebody They'll find somebody
else, right? Because people want
long-term relationships. So, if every
seventh year Israel would not send
produce to Europe, and Israel's money
from agriculture, and it's not really a
large source of the Israeli economy.
[clears throat]
But, the money that Israel produces from
agriculture is based on export, right?
That's where the money comes in. So, if
every seventh year German supermarkets
wouldn't be able to get their tomatoes
from Israel, what are they going to do?
Instead of having long-term contracts
with Israel, they'll have long-term
contracts with I don't know, um Morocco
or Spain. And, what's going to happen to
Israeli agriculture? It'll collapse.
Now, what's going to happen to all that
land? Now, Israel needs land for
building, but not all the land is going
to become apartment buildings.
Some of the land will remain open and
will remain valuable farmland. Who's
going to buy that land?
Jews won't be able to farm, right? Cuz
you'll cuz you're keeping shmita. So,
who's going to buy that land? Arabs.
And which guy are we going to buy? Which
guy will win Israel? Arabs.
>> [snorts]
>> So, who controls most of society's land?
Farmers, right? People who own homes own
a tiny percentage of land. You typically
farmer owns a thousand times more land
than even a person in Monsey. Okay,
forget a person in Brooklyn, right? So,
what's going to happen is is that 90
plus percent of Israeli land is going to
be owned by Arabs. So, you will have the
death of Jewish agriculture, which means
all the mitzvahs that result from Jewish
agriculture, like keeping shmita. You're
keeping with a loophole, but you're
keeping shmita. Trummus, ma'aser, or all
of those amazing mitzvahs that you're
supposed to go to Israel for will no
longer be kept. But more than that, 90
plus percent of your land is going to be
controlled by Arabs. Now, most of them
may not be terrorists, but is it smart
if 90% of the land owned by
a section of the population that isn't
fully
on board with what you believe? So, I
remember was sitting with Rabbi
the chief Rabbi Michel Lion, Rabbi
Shapiro,
who again, the people the Haredi
community are very passionate that you
trust Hashem and don't from the land. He
was saying and I just I'm rushing it
tonight. What?
I'm not saying it's a consequence of it.
Let's go back to the shear I gave a few
weeks ago. There's a rationale behind
the mitzvah. And when there's a
rationale, let's shift. You have a lot
of money. There's a friend who wants
money because he wants to build a
business. He knows there's inflation. He
wants to borrow money so he can build a
business so he can be with his partners
and his family. You're going to say,
"I'm not going to lend you money because
I can't take interest from you." Uh but
there's a heter iska. I don't want to
rely on loopholes, right?
But will you do that? And will that be
the right thing to do? Lend your money
>> be the wrong thing to do? Yes, I think
it would be the wrong thing to do.
Because because there's a sensible way
of doing business with a Jew and
allowing a Jew to to make parnassa.
Because otherwise you will never lend
money to a Jew. Jew won't be able to
start a business. A Jew won't be able to
do anything. A Jew won't be able to take
a mortgage, right? How will people going
to buy homes in Israel? How are they
going to establish businesses? You said
Torah's out of date.
I'm not saying the Torah's out of date.
I'm saying we as a community that Kodesh
Baruch Hu gave us a wonderful
>> doesn't work in the current economy. So
we have to rethink it and find a way
around it. We didn't. The Torah, the
Chachamim created heter iska. The
Chachamim created principle with the
understanding that economics shifts. You
never violate I guess you weren't there
that week. You never violate a Torah
mitzvah, but you sometimes deliberately
circumvent. And Kodesh Baruch Hu wants
you to do that because you have to make
things work. So again, you will tell me
that Israel the Israeli economy will
cease to function. Um it's heter iska is
a work around. And ribbis is a much
bigger problem than shmita. Ribbis is a
clear de'oraita. Shmita maybe de'oraita,
maybe not. The consequences the Chazal
that talk about ribbis aren't
are much much more severe than shmita.
So just think about that. So there's
shmita there's um Pesach. Right? All the
Jewish grocery stores will cease
existing. If you don't sell chametz, no
Jewish grocery store logic. And we don't
use logic. But we do. We don't. We we
But We rely on You don't rely on us. But
You don't use logic. But do the Jewish
grocery stores just rely on us? Or will
they just shut down?
Hard to be a What? Hard to be a Jew.
It's not hard to be a Jew. The Chachamim
uh the Remus used to say it's a one
shouldn't say that. It's excellent to be
a Jew and it's sensible and it's wise.
And one of the beauties is that I got
this problem gave us a Torah and he and
he and he told us listen to your coming
and they'll steer you. Certain things
are set in stone, but where you can
sometimes society changes. So again,
Schmitah is small. Schmitah is the
rabbinate and by by not keeping it you
lose so many mitzvahs. Ribbis is huge.
Chametz and Pesach is huge. And and
every single one of us relies on these
things and without these things the
world we have would stop functioning.
Let's forget chutz la'aretz, it's
Israel. You will not have an economy if
you don't work with heter iska, right?
You can't have a mortgage. You won't
have mortgages.
>> Okay, but heter iska is doing your
shabbos.
Which is shabbos? You're doing your
shabbos you're doing it?
>> the Torah know the laws. So the no one
God forbid says you should farm the land
of Schmitah.
So no one God forbid suggests that you
should farm the land of Schmitah. All
some chachams say and early chachams,
not recent chachams, um the chachams who
lived in Israel over the last few
hundred years who were farmers and that
seemed to be the norm. Come come every
seventh year they would sell the land to
a guy and have do the work. Just
the way you rely on it for heter iska.
Just the way you rely on it for um um
lending money. Just the way you rely on
it for chametz. Just the way women rely
on it with their sheitels. Um some of
these things are almost ludicrous, but
we rely on them. This is not ludicrous
and people have relied on this
historically. Come to me to um Tshuvas
Yeshua's Malco 5. Which so he's it's
19th century, but he's talking about um
What? Where he says um well it's obvious
you do this. What page? Um um page four.
Four?
Number [snorts] five. V'einam machzi
b'pshitus she'tov la'adam l'amkor
l'nachri af b'shas l'tin b'limke karka.
Now he says of course there are issues.
You're not allowed to sell land to a
in in Eretz Yisrael. Well maybe you're
allowed to sell to a a who is a
monotheist. Muslims are monotheists.
Maybe you're not allowed to sell, but
maybe you're allowed to sell to a
who already has land. There are ways to
make it work. Um l'umka l'vei Yisrael
kivan she'hu l'ta'avis ayish pshita
d'einka nis.
>> The objective here was to strengthen the
hold. Without doing this, you will not
have Jewish control of the land. Israeli
security will be endangered. You're not
going to have it at least for this.
So, it's counterproductive. The whole
objective of shmita, according to the
Rambam, was to strengthen our hold on
the land. The whole objective, according
to the was to create a spiritual
reality. Did each one accept the other's
perspective? I don't know. Each one just
mentions his own. The Rambam is quite
firm in saying this is the only
approach. Hinukh not so much. And
remember, the Hinukh felt himself um to
be less than the Rambam. He quotes the
Rambam, and when he quotes the Rambam,
he says, "Well, that's what the Rambam
says. I'll offer an opinion, but I won't
disagree with the Rambam." So, the
Rambam is me Moshe ad Moshe lo kam
k'Moshe. So, the Rambam is absolutely
clear, right? Everything that that we
know, the Rambam knew and more. The
Hinukh is also clear. I'm not saying you
should lock yourself into one approach.
What I'm saying is you shouldn't
discount. In other words, if I'm in
shmita in Israel, I will eat whatever my
host gives me. My
the backs that I live in, the backs that
I raise my kids in, right? The backs
that I live in, the backs that I raise
my kids in is agree Menachem.
Look, an old friend agrees. But, um that
other approach is is has a strong base.
So, if someone serves me my food, I'll
eat it without a question. And I won't
like try to circumvent or that is a very
solid and in many ways superior. And the
approach will say that it is superior in
a different way. And I'm not saying one
is better than the other. All I'm trying
to say is don't discount the other
approach. And [snorts] by doing that,
you do a disservice to a large section
of Israel. And I'll tell you it really
is When I visited Shapiro, I remember
there were a group of visiting. He was
really upset. He was
He wasn't He identified with the world.
He said, "You know, we're the protest is
generally coming from." This is many
years ago. He said it's generally coming
from Jordan. So, not only are we not,
you know, supporting Israeli
agriculture, we're we're supporting
agriculture in Jordan. And where does
that money go? I mean, what are they
using it for? Some of that money is
being used to buy weapons.
What What is this? So, I'm not So, the
approach back would be it's a mitzvah
you keep a mitzvah no matter what. And
I'm not That's a valid approach. But the
other approach is an equally valid
approach. And there are places all
across In the realm of halachas, we
worry about all those dominoes down the
road. You do. We're going to circumvent
No one you can never violate
>> worry about all these dominoes. If
somebody does something we don't like If
somebody does something we don't like,
we're going to change the We all do that
with anything No one God forbid says
changing. There was a shiur I gave a few
weeks ago. Maybe you weren't here that
week. And there was a title to that
shiur. The title was um letter of the
law or spirit of the law. There's a
whole series of halachas where we're
comfortable circumventing. And there's a
whole series of halachas where we're not
comfortable circumventing. No one will
circumvent murder, right? They're always
circumvent. No one will circumvent
adultery. They're always circumvent.
There's something Nobody currently will,
but somebody might one day the same way
So So the And that's where you have to
go back to some type of innate morality.
And that's another discussion. But at
the end of the everyone in this room
relies on on on on this idea of
circumventing halacha for issues that
are much bigger than shmita. And we are
going to look at those poor Israeli
farmers who really are working really
hard, generally do not have high
standards of living, and are really
doing most of it for us, and saying,
"Well, you can't." I mean, you're
relying on it What?
>> Where do you draw the line?
We believe in circumventing. They
circumvent And so this
They you're not circumventing. They're
breaking.
So they
And so the line and and the line would
>> [snorts]
>> Excellent question. And the line will be
You see why you never wanted my shiur
room taped.
Um the line will be that this
conservative movement wasn't
circumventing, they were breaking.
>> They thought they were circumventing.
You're lighting a fire. Um and most of
our But they didn't do anything. They
thought they were circumventing. Right,
and that's why it's Likewise, the ones
you're naming And and and that's why the
whole life is a big struggle. But again,
I reiterate, not just I, you rely on
this if you're involved. If you're being
in Israel, your mortgage would involve a
huge problem of for this. It would
involve a huge problem of shmita. Open
door Isis, and you're relying
>> Even in American mortgages, how many
mortgage companies are are Jewish,
right? And you're going to say, "Well,
I'm dafka not going to take from a
Jewish bank, and I'll dafka go to a
non-Jewish bank because I don't want to
rely on a heter iska thing." I think
that would be a terrible thing. You can
all be Jewish. And that would be a
terrible, terrible thing. I think um you
can be giving parnassah to Jews.
Um he heter iska was a And you're
relying on it. All of Israel relies and
so the idea would be you've got a new
thing. Priska is not a new thing. But it
was new. Hillel organized it 2,000 years
ago.
>> Right. But when he realized that when he
realized things were not working, people
weren't farming the same way. There was
city living. When there was city living,
there were different types of loans, and
he created heter. No one suggests
violating halakha. Everyone suggests
that sometimes things are really hard to
keep. And
what is the diff? Um when things are
really hard to keep and and they don't
resonate morally,
then we as a community, chachamim top
down, will institute a heter. And
shmita, the heter has been practiced in
Israel for hundreds of years because of
a small issue with farmers. Now, it
became very politicized now. And again,
there are these two camps. But um you
and I rely on this. You rely on this for
things that are much more significant
and things that are silly.
The shape Right.
>> That's what I know. The fact that I So
But before, you know, before you had the
mass immigration to Israel in the 19th
century, you had hundreds, you had
centuries of Jews living in Israel where
many were farmers and they relied on
this. How would How would that How could
they have kept their farms? So, those
who lived in Israel And now suddenly the
mindset has sort of shifted to create a
homer for Israeli farmers. I don't know
that it's necessarily such I again,
there's something there's something
developed and beautiful about I'm not
discounting the idea of keeping what
seems to be a classic shmita. I am
presenting another approach that is
solidly
based not just in the world of
Machshava, but in the world of Pesach.
And here there's a range of poskim that
are on different sides of the divide.
I'm not telling you what to do. All I'm
telling you is don't dismiss the other
side um because you Every one of you is
relying in this on things that are
important for you. Shmita isn't
important for you because you're not a
farmer there. Loans are important. No
one I mean, I gave the speech at a hotel
actually in Pesach and one of the guys
came over to me that there was shmita
and he and he loaned somebody money and
he doesn't have a lot of money and he
didn't want to rely on poskim. Fine. You
don't want to But the economy would
collapse. So, you can give up on your
loan, that's great. But in a Bank
Hapoalim cannot do that, right? Or they
they can't continue. You won't have a
banking system, right? So, the reality
is you need to rely on things like this.
Now, does everyone accept? Of course
not. So, um Yeshua's Malko is a great
proponent Look at his language.
Kanievsky is very much a posit. And you
And you can sort of predict Kanievsky
represents, you know, more of a classic
black and white chareidi view and he
says, Why rely on heter mechira?
Kanievsky tells you it's all going to be
good and he says even selling land to a
non-Jew is a naveira. And and the answer
back would be Rav Kook would say, "It's
not a naveira because the whole reason
that Why does the Torah ban selling land
to a non-Jew? Because he wants Eretz
Yisrael to be Jewish. So, you're not
going to sell the land every seventh
year and this way all Israeli farmers
will have to get rid of the land because
they can't be farmers. So, all of
Israeli land will be sold to non-Jews."
There are miracles that people have seen
I'm not discounting I have the same
Yeah.
I'm not
I'm not you know again I'm so but again
I know every schmekl people are
collecting for people there. So
so again so mix the
schmekl forces a massive amount of stuff
right so it's all I'm not I'm not
locking you into one approach. I'm
presenting two alternatives that both
are solidly based. Now in terms of sack
you want recent sack. So here you have
rough cook one side of the divide a
great proponent of heter mechira to
allow people to build Eretz Yisrael
Chazon on the other side. I'm not going
to tell you you know it's rough cook and
the Chazon Ish. I'm not you know saying
right wrong but I'm presenting two great
alternates and this goes way back and it
really goes back to the Rambam and the
Chinuch. Let's see on the Chazon Ish.
Chazon Ish is very opposed to so
the ain 6 bein im im karka
al lo. He says well you'll tell me you
can sell land to a non-Jew you're not
allowed to sell land to a non-Jew
because of ossur chanim but maybe you're
allowed to sell land if the non-Jew
already has some. He says it's not true
he says you're not allowed to. That's
the Chazon Ish's opinion. Okay. Now
you'll tell me if he's if he's over
avodah zarah you're not allowed to sell
him land but yeah but he isn't over then
you're allowed to. He says also not
true. Okay. Ain chanim is very very
strong
and he says the issur of selling land is
an issur d'oraisa. Shmitta maybe
d'rabbanan. If you're selling land to a
non-Jew and then he quotes many sources
to develop this and so on and so forth.
Really I should continue with this next
week because it's really um
there's more to this than meets the eye
but I really should go to this wedding.
I I will eat a little more ice at 9:10
right so I got another 3 minutes. Let's
see rough cook source four. Okay.
Binyan ossur chanim. Okay. He says well
the only way to sort of allow this heter
to work is to sell the land to a non-Jew
but you're not allowed to sell land to a
non-Jew so how can this heter get going
right? Binyan ossur chanim ossur chanim
karka Yisrael. Yoter chanim b'dinah
d'Yisrael d'begoyishah b'lav k'dei karka
ain ossur below the ocean below the
ocean below the ocean below the ocean
below the ocean below the ocean below
the ocean below the ocean below the
ocean below the ocean below the ocean
below the ocean below the ocean below
the ocean below the ocean below the
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ocean below the ocean below the ocean
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the ocean below the ocean below the
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the ocean below the ocean below the
ocean below the ocean below the ocean
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the ocean below the ocean below the
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the ocean below the ocean below the
ocean below the ocean below the ocean
And then he says, go to the core of the
issue. Is this a real sale at the end of
the day? You're selling the land
temporarily so you can have the land
back. Is that a violation of the
Shulchan Aruch or the whole objective is
for you to maintain the land? Maybe not.
He says there are so many components
here that you can rely on this. So
again, you got significant authorities
there, significant authorities there,
and this plays itself out. This even
plays itself out. I mean, I can't really
I'm I'm I'm going to hold myself back in
terms of shmita canceling loans, which
itself is the most extraordinary of
discussion. But I will go to the wedding
that I said I will go to. Okay?
Good night.