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Rabbi Yehoshua Weber - Shemitta Part 2: Spirituality, Social Stability or Both
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last week, so we'll do that.
We can't continue without sort of
restating the you know the points that
were made.
Um
To me at this point in my life some of
these points seem obvious, but you know
we all approach from a different vantage
point, but basically
we what we established last week is we
introduced Rishonim that offered two
completely different approaches to
Shmita about what the mitzvah is all
about. Now again, how could this
probably give mitzvahs? You don't know
why you got this probably gives mitzvahs
and you're playing with fire by saying
well this is the reason for the mitzvah
and then oh well the mitzvah no longer
reason no longer applies I could sort of
cheat. That's what Reform did and look
look look at what happened, right? So we
keep mitzvahs no matter what.
But we try to understand what mitzvahs
are about because because we love when
you love somebody you try to understand
the person, right? You try to appear and
try to understand the child. The husband
tries to understand the wife. When you
love somebody you try to understand
them. We love our mitzvahs we try to
understand them.
We don't again the mitzvahs aren't about
why we keep them. We keep them because
God has brought who said we speculate
and maybe the speculations are right,
maybe they're wrong. We have
we we shared two different approaches
and we have to go back and the right
here in front of you one is the Rambam
one is the Chinuch.
We'll start with the Chinuch again the
Chinuch is well known. The Chinuch
paints Shmita as being about Kedusha.
You work six days the seventh is
Kedusha. There's shul, there's family,
there's davening, there's kiddush,
Kedusha. Um and there's self-control and
and and it's it's it's it's special.
That's what um that's what um Shabbos is
about. Going to the Chinuch that's what
Shmita is about. They get no good.
Shmita is also about you work six years
on the seventh year you don't work it's
Kedusha. Um you learn, you have time
with your family, but it's about
Kedusha. How are you going to survive?
You trust in the Kadosh Baruchu like
Shabbos. That's the Chinuch. Everyone
knows this. Kids go to school and
they're taught this. This is you know
this is you know I these ideas are my
holy game they're well developed. And
then Chinuch says it also teaches you
bitachon us. You know, you own your
field, but for the seventh year you're
on your own and you can't work it. You
have to let people walk through your
field. So, it's it's it's it's it's
really about kedusha, about
self-betterment. The Rambam says nothing
of the sort. The Rambam says it's for
practical reasons. If you farm your land
seven years straight, you're going to
ruin the soil. It has to rest. It's
about allowing the soil to regenerate
its nutrients. He doesn't say anything
else. Now, is there also kedusha? Is
there also self-control? Of course.
Maybe, but he doesn't say anything about
that. This is all he says. And then we
developed other theories as to why, you
know, why it's the same year. But what
we did point out is that it really,
really I think informs the great divide
in Eretz Yisrael. And it's really
important to, you know, we're able to
visualize whichever community you're a
part of and respect the other community
cuz these people living in Eretz
Yisrael, there's the Haredi community
where the mindset is is that the right
way to keep shmita is not to work the
land. And Hakadosh Baruch Hu will
provide and that's what the um the um
Torah tells you. There is um the general
Mizrahi approach which is exactly the
opposite. Their approach is, well, if
you don't farm the land for the entire
year, Israeli agriculture will will
close because um you can't continue
having a business where every seven
years you tell your clients, I I don't
want to do business with you, right?
>> And the Arabs will buy the land. And
then the Arabs will buy the land and
you'll lose out on all the mitzvot of
Eretz Yisrael. You'll no longer have
shmita, you'll no longer have trumah,
you'll no longer have ma'aser, you'll no
longer have orlah, um the um um the the
None of these mitzvot are relevant cuz
you're not going to have that um on the
same level cuz it's being grown by
Arabs. And on top of that, there's going
to be big security issues if Arabs own
the land. Um how dangerous is that?
That's 90% of the land. So, dafka, you
should do what you can to maintain
control of the land. You now let a farm
the land, well, sell the land. You sell
your hametz to a guy every Pesach,
you'll sell the land to a guy and and
have guy in farm the land. Those are the
two, you know, two worlds and each world
is very adamant about it being correct.
Um Haredim don't feel that their
approach is b'di'avad. Mizrahi don't
feel that their approach is b'di'avad.
And they're all very very, you know,
passionate about their approach and and
and and they really push for their
approach because I think it's correct.
>> [snorts]
>> Now, all of these ideas, the ideas go
back to the Rambam and the Chinuch, but
they're really developed by the Rishonim
and the Acharonim that discuss the
subject. That's where we left off last
week. Right? So, I think we began saying
and I'm continuing where you left off.
All of this really became a great issue
with the late 19th century.
You know, for ever since the churban of
Eretz Yisrael, you had Jews who lived in
Eretz Yisrael. There was never a moment
where Jews didn't live in Eretz Yisrael.
Um there was always a small community in
Kehilat
Yerushalayim um for periods of time that
not have a community, vast periods of
time that not have a community, but
there was always a Jewish uh settlement
in Israel. And there actually wasn't
much of an Arab population. Israel was
desolate. So, it's not as if Israel was
Arab and not Jewish. It was really it
was really swamp and desert and and and
and uninhabited. Did anyone ever read
Mark Twain's account of his trip to
Israel in the 19th century? Mark Twain
was not Jewish and he really didn't
interact with Jews much cuz he lived in
the US in in the middle of the 19th
century in a very small Jewish
community. He goes to Israel. He's um
Welcome back. I missed you. Um he goes
to Israel. He is blown away by um by
what he says are the
the the promises of the Torah coming
true. It's really, you know, maybe I'll
email it to the group. Mark Twain
himself had no Jewish background, no
Jewish exposure. He was a Christian. He
went to Palestine on a church visit in
middle of the 19th century and he walked
away saying, "You know, the Torah is
true because all the prophecies in the
Torah have come true."
The Torah tells you that the Jews will
be expelled from Israel and Israel will
become desolate and he visits this land
that clearly had been fertile for ever
and it's it's one big wasteland. The
north is a wasteland, the south is a
wasteland and he said this proves that
the Torah is true. This is a non-Jew.
And he's basing it not just on the fact
that Jews have wanted for hundreds of
years that scene,
not on what we see in our day that Jews
have come back to Israel and resurrected
Israel which to many of us is is is a
clear fulfillment of divine promises.
And yeah, yeah, yeah. I mean, you know,
I'll I'll send it to the group. It's
available. And he's a non-Jew. He's not
He's not partisan to the Jew Jewish
thinking. He's not trying to be
Arab Mona. He just says it's obvious
that the Bible that he studied is is is
obviously coming true.
So why am I sharing this? It was really
destined but there were always small
Jewish communities. And what did people
do historically? How did people survive?
So now in the US, I I think it's less
than 2% of the population of farmers.
When I was growing up, it was 3%. It go
down goes down every year because
everything is mechanized and they have
big tractors and one farmer can produce
enough food for tens of thousands of
people, right?
But there was no machinery. There was no
mechanization. There was no transport.
There was no proper storage. So 90 plus
percent of people were farmers. They had
some artisans.
Many of the Jews who lived in Israel
over the hundreds of years from the
Hurban
to now survived as farmers. How did they
survive Shmita?
They didn't farm. They would have just
starved, right? No one collected for
them in other lands. So the idea of
selling the land to a guy and surviving
on the profits is not anything new. It's
something Jews did historically.
So, you might say it's not so a
b'dieved, maybe. According to Mizrachi,
it's l'chatchila. According to
the Charedi world, it's a b'dieved. But,
it's something that was done
historically for hundreds of years. Just
the way, I mean, within this room, I
assume everyone sells their chametz.
Right? Well, why do you sell your
chametz? Just, you know, it's not such a
big sacrifice to throw out your chametz.
>> Scotch doesn't smell so bad. Okay. Um,
but throw it out, right? So, so we're
not going to throw out our scotch
because it's How much is it? $200, $300?
Um That's each bottle. A thousand
dollars, 10 I actually had in Toronto
it's a wealthy community. So, I remember
actually some of the people who sold
their chametz, I would ask them the
price and I would tell them to
underestimate and they were putting down
five figures. I didn't say anything, but
you know, these people lived within that
world. Um, it it really made sense. You
are historic as they got older.
Right, but but again, why not just trust
in Hakadosh Baruch Hu and and keep the
mitzvah and get rid of it? So, none of
us do that, right? All of us sell our
scotch and that's that.
And and we're dealing with an absolute
d'oraita.
So, shmita today, you know, just for all
is probably a d'rabbanan. So, we're
asking farmers to sort of give up their
livelihood not relying on that that we
rely on. I mean, it the whole thing is,
you know, both perspectives make sense.
So, if a farmer wants to and and and and
and they collect stuff to support them.
>> views are also they're both So, so so
shmita is probably a d'rabbanan today.
There's a um, it's probably d'rabbanan.
So, it's actually a little bit of a
debate. Most Jews are in Israel, most
Jews aren't in Israel.
Um, um, is um, is but do you need Shmita
is dependent on different factors.
Right. So, for shmita you need most Jews
in Israel, maybe you need
representatives of each shavet in
So, shmita is probably d'rabbanan, some
will say d'oraita, cuz perhaps most Jews
are in Israel, but perhaps not. But even
if most Jews are there,
because uh so, maybe it's only
d'rabbanan. But again, what are the 10
shvatim that are gone? Are are they ever
going to come back? So, this itself is a
discussion, right? There you know, we
grow
>> these factors work with the Rambam who
says that it's no, it's for practical
reasons?
>> Right. So, I'm I'm So, each each goes
back and forth. So, again, shmita is
again,
there are these two opinions. I mean, I
sensed last week that within our group,
you know, people were sort of dismissive
of the Mizrahi approach.
Uh
no?
>> [laughter]
>> Um that's all. I just don't want people
to be dismissive of any approach. Um
each approach has has strong halakhic
legs to stand on. And again, there were
different communities full of yirei
shamayim who really want to do ratzon
Hashem. One says it's really about um
doing ratzon Hashem by trusting in
HaKadosh Baruchu. One says it's doing
ratzon Hashem by strengthening the land.
The whole point of shmita was
strengthening the land. Let it lie
fallow every seventh year so it
strengthens. That doesn't work now.
Today, it's it's the opposite. Today, if
you don't work the land, you'll end
>> [clears throat]
>> Right. Right. Right. So, really, I mean,
>> I wouldn't say if I follow or not, but
if somebody go is against it, I'm
definitely against it and I close Okay.
Right.
>> [snorts and clears throat]
>> Okay. So, I I'm also again, to be
against against is a great way to live
your life. To be against against is is
just beautiful. And so, here we have the
shitas lined up. So, but again, we began
developing it last year week. I have to
build on it. I have to go back. So,
four, five, six are three acharonim I
brought down last week. Seven is a
little bit uncomfortable. I brought it
down. And again, historically, I was not
taped. I hope this is not the biggest
mistake I made in my life. But um seven
is an uncomfortable source to read. I'll
read it. But five four, five, six is not
so uncomfortable. Um Um
Um four sometimes we don't even take it
sometimes we shut the recorder off,
right? Okay. Um so four and five are are
are thought of so identify with the
Mizrachi approach which say you're
supposed to sell the land. It's not
about the effort. Six is the Hazon Ish
who says you're actually not supposed to
sell the land. Let's see them all inside
and then we'll see seven and seven's
uncomfortable but I think it's well
worth saying. So four. Okay, this is Rav
Kook. Rav Kook is the one who issued the
heter mechirah. Truth is it was not such
a novel thing. Okay? But he sort of made
it the base for the contemporary issue
Shmita was coming. Um suddenly instead
of just having a few Jews living in
Yerushalayim and in scattered
settlements, you had large farming
communities. What were they going to do?
So they turned to Rav Kook who was
really um you know
the Rav of that, you know, part of Eretz
Yisrael. I would venture to say and this
is um again everyone has different
readings on Rav Kook.
But I would ask you as a frum Jew, can I
maybe ask this to you Menachem? As a
frum Jew, which Rav of the 19th, 20th,
21st century is the Rav that most frum
Jews connect with?
You would say Rav Moshe Feinstein. You
would say?
You
You would say? I don't think Lubavitch
is very big. They would say the
Lubavitcher Rebbe. I would think Moshe
Feinstein is the posek for the Litvaks.
Satmar is huge.
And Satmar is the leader, spiritual
leader, mentor, guide.
Someone say Satmar.
So So I would you know Satmar is very
big. Lubavitch has I don't know if
Lubavitch is as big but Lubavitch
touches many people. The Yeshiva world
is very but I A lot of people A lot of
people
I would say like more people know who
the Lubavitcher Rebbe is than know who
Rav Moshe Feinstein is. But who would
touch who would guide who would form?
Many Right.
So, people in Lubavitch are formed by
the Lubavitcher Rebbe, right? By his By
people in Satmar formed by the Satmar
Rebbe. People in the Yeshiva community
are formed by the Ramash in a different
way. That is Um Do you know who Which
That Which is the Which is Which is the
leader of the last 100 years who
impacted more from people than anyone? I
am certain I'm comfortable saying that
it's Rav Kook. Now, let's go through the
numbers. In Eretz Yisrael, about 13% of
the population is Haredi now.
About
16, 17, 18% is Dati Leumi. The whole
Dati Leumi world was created by Rav
Kook, right? So, that world, really, if
you walk into any one of the schools,
the main picture there is going to be
Rav Kook. So, then you have the whole
Mitzrati world, which is 20, 30, 40 Most
of Israel is Mitzrati. Very few people
are are cut from there. Or most people
live 2/3. Um now it must be 75%, but
years ago it was only 2/3. Don't eat
basar b'chalav. So, most people live
with some halachic construct. And Rav
Kook is the the rav that speaks to it.
In North America, it's reversed. In
North America, the Haredi community,
Jewish Week did a poll, is 2/3 of the
Orthodox community. 1/3 is Modern
Orthodox Centrist. But, that world is
also formed by Rav Kook. Because the
whole idea of Centrist and Modern
Orthodoxy mixing, you know, being in the
secular world, being religious, um
second
>> [clears throat]
>> What?
Right, but [snorts] Hirsch is I mean,
Hirsch is sort of removed. Hirsch is
going back to the 19th century. Rav Kook
is really So, in in and you will see if
you walk into a Dati Leumi school, and I
taught in these schools, the picture is
going to be Rav Kook more than Rav
Hirsch.
So, [snorts] he I would say he is the
man. Um again, you can identify with his
writings, you cannot, but he's probably
the man
who formed most of contemporary
Orthodoxy thinking. Just by the numbers.
I think so. Now again, some will
disagree and I'm certainly up to hearing
and but just think, think outside, you
know, you live in your community. So if
your community is is Lubavitch, you'll
say it's Lubavitch. But that's it's just
not fair, that's your community. Within
the macro greater Jewish world and and
the that Tlemcen communities of in
Israel's sections of it are very
learned, very scholarly, very involved
in learning with their own Yeshivas and
system. So
>> [laughter]
>> so he he was really important. I don't
think he should So he's writes
passionately that of course you do it.
This is what this is what the Torah
wants. And then you have Rabbanim in in
Europe who are writing the same thing.
They're saying, well, this is obvious,
right? Now, there are technical issues
because what is that to make here?
You're selling land to a guy. Well,
you're not allowed to sell land to a guy
in Eretz Yisrael. So we began saying
this last week. Some of this is
repetition, but it's what the group
wanted. But I want you to see how this
develops. So look at four, Binyan Lo
S'chanim, shall I sell him to a guy for
you know I'll sell land to a guy in
Eretz Yisrael?
He said, well, Yefeh Hayit Chai, if
you're selling it to a guy who has land,
it's not like S'chanim. Because what is
Lo S'chanim? Don't give them a hold on
the land. He has a hold on the land.
It's Well,
we
So Lo S'chanim is a passing term that
means we
Because you're not supposed to You know,
Lo S'chanim means many things. But one
of the many things is Lo S'chita Lechem
Chani Ba'aretz. Don't give them a hold
on the land. So the But he is he's
living there anyway.
What?
So So then he says it also. And then he
says on top of that, you're not selling
it permanently, you're selling it for a
year, so it's not really selling it. And
then if you're selling it to a Muslim
who isn't an over by the Torah, maybe
there's no issue, maybe it's a way
There's a lot of a term. But again,
you're relying on a term for Is there a
non-Jew or or or not over by the Torah?
So they dafka That's a debate also. They
dafka in Eretz Yisrael that when they
dafka sell to a Muslim allowed to work
the land.
So they dafka try to minimize the
problem by selling it to a Muslim
because I think it's one less it's one
additional component. You know, I just
like mechiras chametz was not a Why why
don't we just like not do it at all? How
about that?
No, because because you're not allowed
to work the land, right? You have to
keep the halacha. You're not allowed to
work the land.
>> Yeah, but when we sell our chametz,
we're getting it back. So, why don't we
do the same thing? So, you are. So, so,
so that's another factor. He says, "If
you're selling it to get it back, maybe
it's not a violation." You're saying
permanently or just for the shmita year?
So, they sell it just for the shmita
year to the guy. And
>> or temporarily?
It could be. So, that also was the He
brings it down. Rav Cook brings it down.
So, you know, I just hear the rabbonim
in Monsey get together for mechiras
chametz. It's actually very nice. Um
like 30, 40 like so many.
>> Not many, right? Yeah, many.
They sell to one guy and and there's
like 20 mechiras in Toronto also who do
because you want to make sure you do
this type of mechira and that type of
mechira and that type of Every opinion,
every Yeah, because you want to cover
all your bases. Lawyers do the same
sometimes. Every guy
gives a dollar. Everyone gives a dollar
and everyone does mechira and everyone
does this and everyone does that and
everyone does There's like 50 types of
It just goes on and on.
>> guy's going to start telling you who's
doing the right and wrong. Right. And
then
so, and everyone has a document and
everyone you do it which is it should be
something very serious, right? And if
it's a
a big transaction, you're not sure, you
might cover your bases also with
different legal documents. I think
secular people do the same.
>> [laughter]
>> So,
I have a beer distribution which is
known beer distribution is the
distribution is owned by Jewish guy.
>> Right.
>> Now, a couple years ago, Right.
>> trying to convince him to sell it.
Right.
>> "I'm not selling this. I'm not selling."
And they
They had these rabbis talking to him.
So, I know somebody that was involved in
it. And he's like, "Well, they you're
you're selling it, but you're not
selling." He goes,
>> [laughter]
>> "What are you guys talking about? If I'm
not selling, then what am I doing?
Right.
>> interested in selling. How am I
>> [laughter]
>> Same like as it is. Right.
So, I'm just saying we as the community
rely on this when it's relevant to us,
right? So, here it's relevant to So,
he's very Yeshua was a great rub in
Europe who was also very supportive of
this right to say
who is the great
is very passionate in the opposite
direction. So, again the community that
is opposed to this has has a strong
foundation. But let's see. Yeshua's I'm
Europe like 19th century. He might be
cheating this of five. It's
good to allow this.
You're not allowed to a guy. Six
kilometers away from the station. It's
about building up the issue. So, it's
not about you're not allowed to sell
land cuz you're not allowed to destroy
Jewish ownership of Israel. But the
reverse the whole point of the sale is
to allow Jews to own land. So, of course
you're allowed to do what he says.
So, he says this is not allowed to
destroy the Jewish hold on land. It's
the reverse.
And then he goes to the thing that you
mentioned.
It's
do it better sell it you know you can
get it back. Which the
rely on that. So, here too.
And
he says so that was then
maybe now that there are more Jews in
Israel maybe it's allowed.
Then the question becomes technical. Are
the fruits do they have
it or not but that's is absolutely
emphatic in the opposite direction. Says
not true. He says
you know and you have to be very careful
here. You know once you start saying
well if the reason doesn't seem to
resonate I'm not going to keep the
that's what the reform did. What did the
reform say? They said well pork is about
it's about illnesses so we don't have to
keep pork. And
circumcision is about cleanliness. Well
clean and about hygiene.
And and abandoning all these mitzvahs.
They they did. Okay? So, he said, "Lo
sichanu means you're not allowed to sell
the land to a goy." And that's it.
Period.
So, there are shitas that say if he owns
another piece of land, you're allowed
to. There are other shitas that say that
that's not so. You You have to be
machmir. There are shitas who say that
it apply the issue is only to the avodah
zarah. He says, "Not true. The issue is
to all goyim." He was very emphatic in
the opposite direction. It's interesting
that the
just question the reading of it. He's
not making this point that shmita is
rest and don't do anything with it. He's
just making the argument not to sell it
to the Right.
>> It's interesting. Right. Right. Right.
Right. Cuz he's he's focusing on the
technical halacha. You know, the spirit
he's focusing on the technical halacha.
So, again, there is a strong base for
the Chareidi approach on this and and
and there are so many other writers like
the Chazon Ish.
They
They don't care if he has land or he
doesn't
because every additional piece of land
he sells is Second line.
Um
And even though you can debate with the
sources, not true. And then he says, "I
mean, tell me shmita is maybe
derabbanan, maybe it's deraisa." He goes
through many, you know, you know,
there's a strong in the opposite
direction. I will say I was sort of
debating whether I should include this.
Um
I'm okay with that. Right. [laughter]
Okay.
>> It's your address, not mine. Uh covered
in Torah. Yes. You know, took his
Shabbos box that is delivered he said is
is the most beautiful of Shabbos.
Um
because and this is stuck which is so
it's it's so wonderful that our
community can do that that we're But who
could have imagined this before the war?
I mean, um this was a world where people
were really starved, right?
So, and and this is what people were
grappling with. These people immigrated
to Israel. Many of them were secular,
but they were very devout. They
believed. They were And Rav Kook sort of
put it in perspective. The people who
came to the original Kibbutzim had a
tremendously high death rate. They went
to areas where they drained swamps
and and many of them caught malaria and
died. The death rate was was
extraordinarily high. They had to, you
know,
>> are you bargaining for? Right. They But
they they knew this coming in. They were
passionate. They were, you know, they
were outside the city, so they were
marauding
Arabs. They had to, you know, work the
fields all day and they had to defend it
at night and they died. Death rate was
was atrocious. These people were really
passionate. Um and and and and and so
they were angry.
Right, wrong, I'm not but I'm just
saying. Now, okay. Now, just to sort of
put it in perspective, I will say
>> [clears throat]
>> Just to add a component to the the more
traditional Chazonish perspective than
the Rav Kook perspective. Menachem and I
were were learning this week, last week,
and when we talk about Shmita, the Pasuk
goes out of its way to say Shmita
L'Hashem. Again, every word in the Torah
is so powerful. What does L'Hashem
So So Shabbos we know has a divine
aspect. But why Shmita L'Hashem? So the
Chizkuni,
who interestingly enough was really from
the Rambam's world. Chizkuni lived in
Provence in Southern France. He was a
rationalist. He had a scientific
inclination. That was really his style.
Chizkuni says, why does the Torah go out
of its way to say Shabbos L'Hashem? That
phrase is unnecessary. He says, Dafke,
he doesn't quote the Rambam. Okay. But
he says, Dafke, to show you that it's
not about fertility of the soil, it's
not about letting the land lie fallow,
it's it's about a religious experience.
And the Chizkuni is not really, you
know, you have the Rishonim who are sort
of on one side of the divide, the
Ramban, black and white, you know,
Kabbalah, the Sefira. You have the
Rambam who is more modern that way, the
Ibn Ezra. Chizkuni is is usually more
towards the Rambam, more towards Here he
makes a point of saying Shabbas Shomem
means that it's divine.
Another piece that I'll bring to the
puzzle, we discussed this Menachem, but
here we'll share the sources because
they're really so so interesting.
Would be um
again, I think this adds a little bit of
credence to the
to the Chinuch. It It really leads you
away from the Rambam.
There are
There's not one mitzvah of Shmita. There
are two mitzvahs of Shmita and they're
totally different. What are the two
mitzvahs of Shmita?
>> [snorts]
>> So, there's But what two
two type two frameworks of mitzvah, two
areas of mitzvah, completely different
areas.
>> So, what what does the Lo Sa'aseh The Lo
Sa'aseh says for sure trees and grains
and living stuff do what?
There's Shmitas Karka'os, which means
not working the land, and the Shmitas
Ksafim, which means forgiving loans
every seventh year. Completely different
areas of Halacha, right? With completely
different sets of Halacha, right? Now,
what is the oddest thing in the world
about these two mitzvahs, about how
they're brought down?
And once you notice it, you can't stop
noticing it.
Once I'll ask you the question, you'll
tell yourself, I mean, cuz the first
time I came across the question, I said,
"Why didn't they ask this when I was 2
years old? Such an obvious question."
What is most obvious question about
Shmitas Karka'os and Shmitas Ksafim?
Where was Shmitas Ksafim first
mentioned?
In Parshas Re'eh. There isn't a word
about Shmitas Ksafim in the first part
of the Torah.
In the first part of the Torah, really
Behar, where it's featured most, you
have Karka without Kesef. In Re'eh, you
have Kesef without Karka. I mean, what
is this? Um Both of these mitzvahs are
Deoraisa. Why aren't they brought down
together?
Why?
So, there were lots of answers, lots of
answers given. There's a Ramban. I don't
want I mean, we're short on time. The
Ramban says
According to the camera, it was off. Oh,
oh, oh, so we can go over time, right?
So, um um
Yeah, yeah, something funny happened
with the camera midstream today. It
stopped working, I think. Yeah. Well,
you feel what? I think the camera
stopped working midstream. You fixed it
last night, right?
>> good.
>> Good, good, good. Okay. Cuz it stopped.
Um
so, um
why is um you have Shmita Kaka's in one
part of the Torah and Shmita Sefam in
another? Both mitzvahs are important. It
both should be in both parts of the
Torah.
So, again, I'm not the first one to ask
this question. It's obvious there's a
whole there's a plethora of answers.
Maybe the one that's most well known is
the Ramban. Interesting, they it it's
the Ramban's idea that the last part of
the Torah
um is mitzvahs that are totally in Eretz
Yisrael.
And the first part of the Torah are
mitzvahs that are, you know, even chutz
la'aretz. Because as we approach Eretz
Yisrael,
which is actually Moshiach coming.
Because Shmita Sefam is relevant all
over the world. Shmita Kaka's is only
Eretz Yisrael. So, suddenly this
question becomes even bigger. Maybe
that's why it's not So, [snorts] it
should be the reverse. So, you should
have Shmita Sefam in the first part of
the Torah. And then the Ramban says
you're approaching Eretz Yisrael, you
have mitzvahs that are more
Israel-centric.
>> the reverse of that. Right, right. So,
that just magnifies the question.
So,
um Menachem and I were learning this
week and I shared an idea, not mine. Um
I don't have any I I I I never share
personal ideas. I just quote sources
because that's just a healthy way to
live, right? Um
that was the um
um so, tell me, mitzvahs make sense,
right? Mitzvahs are are perfect. They
come from Hakadosh Baruch Hu. Is there
anything about Shmita Sefam that makes
any sense to you?
You know, tzedakah is beautiful. You
remember Yom Tov we left Mitzrayim. You
understand, you know, there are
mitzvahs, you know, proper
relationships, not to steal, and even
kashrus, you know, first of all, first
of all there's rationality cash risk
also. There's um there's a wonderful
Shadal he says it creates social
boundaries. When you eat a certain food,
you only eat among your own people,
creates connections. Ram talks about
cleanliness. That's not all it is, but
there's timtum al liba, that's a little
bit of later. But there's but it's not
it doesn't More or less sick reasons.
Yeah, or moral, but it doesn't go
against logic. Shmita is s'afen. So uh
you're you you're you're middle class,
right? Um a businessman and I I I and
I'm let's say I'm very well to do. I
have millions of dollars. But I have an
investment opportunity. So I borrow some
money from you and I invest it. I'm not
going to give anything back to you. I
could be 100 times as rich as you.
Doesn't make sense. Today what with if
you would keep shmita s'afen the whole
We discussed it week, right? The whole
modern world would collapse. It would
totally collapse, right? Right. I mean
a little bit I think. So um so what what
what's going on here? So I mean what
about the mortgage a long time ago? The
mortgage. Right. So so so in every shul
all the banks every bank you walk into
has a heter. The banks have um every
bank has a heter that allows them to
carry the loan over Otherwise Shmita
otherwise I'm talking about the
principle that we do now, right?
>> Yeah, yeah. You walk into any heter iska
and principle all the banks have
Yeah. I do principle. We all do
principle.
Shmita you're my shmita.
Shmita So could be people in shul too.
It's shmita. Yeah.
In every shul all the banks here are
here. Your bank is non-Jewish, but there
are some Jewish banks. It's actually
really important. And I'm not chas
v'shalom tell you don't don't not do
business with a Jew because of shmita.
So God forbid.
Right. Right. So but but what is the
logic behind it? So [snorts] did we get
to discuss it last week? We did. So we
discussed it with Menachem.
So today people take loans because today
there's business. In the ancient world,
did people take mortgages? How did you
build your house? How was a house built?
You would Your neighbors would come
together. They would all pick some
stones, right? It You didn't hire an
electrician, and you didn't hire a
plumber, right? There was no plumbing,
and there was no electricity. You just
put some stones together with your
neighbors, right?
>> [laughter]
>> Right? Um There were no credit cards,
right? There was no There were no
mortgages. So So,
when did people take loans? Who took
loans?
But they weren't in businesses. What was
the business?
For food.
Really?
You grew your food, and if you were in
money, then you lived off the
See, the only time that people really
took loans
cuz businesses was a shoemaker just with
a hammer, right?
So, businesses were Every year you
needed grain to survive the year, right?
Bread. So, if right, if your crop
failed, your grain crop failed, you
would borrow We discussed this, but now
we're going to see it in time. We're
going to tie it in. You would borrow
grain. You would use [snorts] part of
the grain for bread for the year, and
you would part of the grain to plant for
the next year, right? And how would you
pay back your loan?
From the following year's crop, right?
How would you pay back your loan on
shmita?
Because you couldn't plant. So, the only
reason shmita suffim canceled loans was
because the poor farmer couldn't pay
back. It made perfect sense. People
didn't borrow for mortgages, and they
didn't borrow for for investments. What?
So, that's a good question, cuz probably
it's a question is a better question
than I can answer. I don't have a very
good answer. First of all, there's a
little bit of a debate with swords.
Little bit of a shila. So, if shmita
swords. So, if it doesn't apply swords,
easy. If it does apply, the center of
life is there. It's Israel. That would
be And you should know extended the
lands nearby because of that. So that
would be a But your question is better
than my answer. Okay? It's in the sixth
year
sixth year it says have a double crop.
So [snorts]
So So again,
there you have to know how literally you
are, how metaphoric you are, and there
that's a whole another discussion that
I'd rather not have. Maybe we'll have it
later. Uh maybe we'll have the
discussion later, okay? Um
all right. Okay. But
Now
the truth is it's absolutely clear in
the
Come with me see the
It's
so interesting you should know there's
somebody made their way into the
well-known. Some just aren't and they're
they're sort of not known. It's
a prominent
a
from school
and he writes something so simple and he
writes what the tells you. I want Could
be that those shorts I don't have it.
They do have it. I'm not sure. Yeah, so
a little bit different.
So this is
source 15.
Source 15 on the new sheet page two.
You have it? It's on the old sheet?
Okay. And 15 is the development of 13.
Of I'm sorry.
Of which source?
Of nine. But first we'll see nine. We We
talk about the stuff on
The case
makes have at the end of seven years.
This is the rule of should might come on
though.
Anyone want to translate that?
Forgive should might means let slip
away. It's a very You should know again
it's the Torah, right? Forget there when
you write an email, right? And it's
something you can be very careful with
your words, right?
The Torah doesn't say
It doesn't say
it says
it's not by accident. Nothing in the
Torah is by accident, right? What does
mean?
Slip. I think slip might be a
Let's Let's slip.
Maybe you know again translation is
hard.
But not even as much as this regard
let's slip. Let's Okay. Okay.
you. Um
you know don't nudge him. Don't
Yeah, now look at the end. I
want you to look at the end. Forgive the
loan. Let the loan slip. Forgive the
loan or let the loan slip. Keep it
current. Let it slip. What does that
mean? Keep it current. Let it slip.
made the right? You're saying exactly
what the says, okay? But again, the
Torah is powerful. You sort of know what
it is. The says keep it current. Let it
slip.
13 claim as much as possible.
The
made it so therefore the rules apply.
The truth is that what do you need the
phrase for? You know what it is. Keep it
current. Let it slip.
And it doesn't say keep it current. Let
it slip. Keep it current. Let it slip.
So again, the
says and the says keep it current.
It says keep it current. Let it slip.
That called it. But that's just the
word. That's one approach, okay?
Say
okay. Keep it current. Let it slip. The
I'm going to tell you what it is. Look
at the word.
Who wants to read the 15?
Who's
Keep it current. Who called it?
Your brother called it.
He was
He was the one who called it. And what
does he say after that?
The ain't lying he doesn't have the
mayor fraud how is he going to pay back?
What is he saying?
He's saying you forgive him because the
poor guy doesn't have what to pay you
back. The people who borrowed money or
people who borrowed grain to plant
because last year's crop failed. That's
what they did. They didn't have grain to
last the winter and they didn't have
grain to plant so they borrowed because
how would they survive the winter and
how would they plant for the next year?
But this guy if he's borrowing on the
shmita year he needs food but he can't
plant. So forgive him because because
what what in the world can the guy do?
He can't pay you back. There's a
sensible reason. Now you tell me what
about the mortgage guy and the
businessman and the investment banker?
There were no mortgage guys and there
were no investment bankers and there
were no businessmen. It was just this is
the this was the normal case. Now the
modern world has shifted. 99.9%
of people almost who are borrowing money
are not borrowing because last year's
crop had failed and they're borrowing
seed. And so the idea of shmita doesn't
resonate so everyone I know who has
money outstanding makes a principle
because why not? Because the moral
imperative isn't there.
But according to the kosher shmita
doesn't
is a development of shmita because
because you have shmita
that precludes [clears throat] you from
planting so the poor guy can't pay you
back. So of course you have to be mash
up. Now the truth is you have to forgive
it forever? So the array of says maybe
you don't have to forgive forever. He
says shmita shmita doesn't mean forgive.
Look at the array of language nearly the
shmita the
ain't no mashita.
>> [snorts and laughter]
>> So he says it's not a
um
let it see what
shmita
pure shmita let it be let it slide. I
don't know how to translate and the
truth is, right, translating is right,
anyone who speaks another language, what
whatever you can't translate. So, it's
very hard to translate.
He's he's very vague about it because
the Gamara doesn't say the guy has to
pay back the next year. So, you know,
why doesn't the Gamara say this? But,
the Arayim sort of walks in the line
where he says, there's really still an
obligation. He's forgiven for this year.
There's no real set due date, but on
some level there is there there is an
obligation to pay back, although it's
not clearly structured. Why am I
bringing that to this discussion?
Shmita is not something that just
took place logically in a vacuum.
There's a lot of logic to it. Shmita's
Sefarim makes a lot of sense.
It It's not a chok. It [laughter] It
makes And even chok, you know, the
Rambam, very important to know, you
know, we raise our kids with idea that
chok means a mitzvah you can't
understand. The Rambam, who is the great
master of logic, the rationalist, says,
chok means a mitzvah that's harder to
understand. But, according to the
Rambam, the whole point of Jewish life
is to understand. So, chok does not mean
something that doesn't make sense.
Harder to make sense out of, but Rambam
then says, I'm going to try to explain
all chokim as well, and he does. That's
his style. That's his approach. Um
[snorts] again, different approach.
Different approaches. Right, Rambam
translates tam tiam Hashem Elokecha
doesn't mean trust Hashem. Tam means be
smart. Be logical with Hashem. That's
the Rambam. Okay, again, other
approaches. But, why am I sharing this
with you? Once you see this, you see
Shmita's Sefarim makes such logical
sense. It's about [snorts] rational.
It's about the economic. It's about the
way farmers lived. It's about the way
society functioned. It's about being a
decent person. Well, about of course
being a decent person. And the truth is
the person who is lending the money
knows. It's not as if you're lending him
6 years in advance and then she made the
strike and you take a mortgage. You lend
him that year for that year's crop.
Right? In the prior year he probably
paid it back. Now again, if he slept and
he didn't pay back, it can get
complicated. But
>> Why can't he just say don't lend him,
give him sadaka?
Why does it have to say lend him and
then figure the law?
>> That's a First of all, that's a great
question. I would speculate, Al Utzer, I
would speculate and I think it's the
right answer. The Torah with the Kodesh
Baruch Hu's wisdom and kindness is full
of situations where people are enforced
to take sadaka.
Where um
Oh.
Yeah.
Right. So So we'll close with this. It's
It's a wonderful question. And the Torah
is full of this sadaka. Some people are
comfortable with taking sadaka. Some
people have a very high for them, right?
Um people who um um who came down in the
world, who who once were living
comfortably and now aren't. So the Torah
is full of these
hidden sadakas. Like Leket Shichecha
uPeah. He doesn't see you. He comes to
you. Right? You're supposed to But some
people just take it's so hard for them.
Like Leket Shichecha uPeah, he can come
to your field in the middle of the
night. No one knows he's taking. This is
sadaka. You know it's sadaka. He knows
it's sadaka. But you're not saying it's
sadaka.
So I I I I think it might I think that
may be part of it. It takes away from
the busha of the ani. Right. So I'm
sharing this to show you that shemitas
safchim, which seems so illogical and so
so so irrational, so is perfectly
sensible, makes economic sense, makes
agrarian sense, just makes sense.
Well, then let's go back to Shmita.
Is it something esoteric and spiritual
and roughly and maybe kind of for sure
or is it practical? Maybe that too,
maybe both. That's the Rambam. What it
is I don't know.
But I do know, you know, that the best
way to live your life is to have lots of
I don't knows because the people who say
I don't know quite a bit are the people
who know more than anyone else. That's
something that life has taught me.
>> Those who say don't know and those who
know don't say. Right.
Right.
Right, the Rosh Hashanah. Me, Shaindy,
Shaindy, Shaindy and you there. Right,
that's
That's a middle line. It's a middle line
that it's worth it's I mean mentioning.
Right, absolutely. Yeah, yeah. With with
the Shalom Aleichem thank you for
joining. It's always