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Sunday, May 27, 2007

Heter Mechira and Shemitta

This is an interesting tidbit:
The Chief Rabbinate has called on all the bodies that issue kashrut certificates in Israel to refrain from purchasing fruits and vegetables from Palestinian farmers during the next year, which is set to be Sabbatical year (shnat shmita), for fear the proceeds will be used for funding terror.

According to the Torah, during the shmita year farm-land in the Land of Israel has to remain uncultivated

During a sabbatical year, many haredi kashrut organizations prefer to buy produce from non-Jews, in order to make sure that Jewish law has not been violated.

The Shmita Committee at the Chief Rabbinate also stated that due to the security situation, kashrut supervision in the territories has become almost impossible, especially because of the great danger faced by kashrut supervisors in the PA.
Interesting, because in Shemitta years past, the Charedi population in Israel has generally sought out only those fruits and vegetables grown on land owned outright by non-Jews - as the Charedi world has decidedly not relied on the heter mechira that allows fruit grown on land owned by Jews to be eaten during a Shemitta year. The loophole is a way to skirt the commandment against eating or benefiting from produce grown on land owned by Jews by temporarily selling the land for the Shemitta year, in much the same way that Jews sell their Chametz and Chametz utensils to non-Jews over Pesach and then regain ownership at the close of the Chag. However, the heter mechira regarding Chametz on Pesach is far more widely accepted in the Charedi world than the heter mechira for Shemitta produce.

I doubt that this ruling by Israel's chief Rabbis is going to change much in the way of Charedi practice. I actually know many Israel natives who are so averse to utilizing the heter during a Shemitta year that even thought they trust a Rabanut certification on a non-Shemitta year, they switch to purchasing produce with a "Mehadrin" or "Badatz" certification that ensures that the vegetables are not grown on Israeli land - with or without a heter mechira in place.

UPDATE: Jameel has more on this subject.

73 Comments:

Blogger DAG said...

This comment has been removed by the author.

7:50 PM  
Blogger DAG said...

I hope you didn't sell your utensils to non Jews for Pesach..if you did, they would all require Tevila

7:52 PM  
Anonymous Anonymous said...

Dag
Use some common sense ok?

8:21 PM  
Blogger DAG said...

The point anon, is that the differences in the 2 kinds of heterim is ALL about the details

10:10 PM  
Anonymous Anonymous said...

I think you are all missing the boat. The charedi rabbonim (not all the population)have negociated with the Arab terrorists in Gaza to import 60 tons of tomatoes and cucumbers for consumption during the upcoming 13 month Shmitta year. The Gaza area's produce, during the time of the flourishing Gush Katif communities were always used during Shmitta consumption. (question of kedusas haeretz and they are grown above the ground). Presently, to avail yourself of these produce you must pay $$$$$ to Hamas or Fatah. What are your thoughts about that? Go without those veggies, or import them from chutz leeretz and pay bucks for them. People ask, what type of kashrus problems are there, with fruits and veggies? In the USA none, but in Israel there are mitzvohs hateluyos beretz and concerns of orlah, grafting of vines together, maseroots, etc.
This applies to all of us, especially if you are planning to visit Israel next year or sending your children for education.
Many who do NOT avail themselves of the heter mechir and do not eat food from Arabs are true heroes, who have principles that they will not bend on. Let us help and support them!!!

11:20 PM  
Anonymous Anonymous said...

Nice to see Orthmom, focus on our holyland for a change.

11:21 PM  
Anonymous Anonymous said...

Otzar Ha'aretz, anyone?

1:46 AM  
Anonymous Anonymous said...

Otzar Haaretz was extremely popular in Israel during the last shemita and i assume it will become even more popular this year (last shemitta there were big ads of tomatoes dripping and then the drips turned into blood. point was made!). Not necessarily in the Chareidi community that has a fear of properly dealing with fruit that has Kedushat Shevitt (which is mutar - and possibly even a mitzva to eat - but has details attached of how to deal with leftovers and peels etc.) But there is a big gap between relying on arab produce and relying on the heter mechira which unlike selling chametz comes along with accepting that the Land of Israel can be sold to non-jews. So otzar Haaretz helps maintain security and terror-support concerns, shemitta without selling parts of the homeland, and possibly even grants a mitzva for those who injest the produce!

1:58 AM  
Anonymous Anonymous said...

The entire issue of Israel and kedushas haeretz has been missing from our and our children's chinuch, Why should anyone give a hoot about Shmitta and its implications? Kids want to know, Can we buy Falefel and Shwarma anywhere we want in Israel?
Heter Mechira -What's that?
Otzar Beis Din - is that a cheap store to buy Silver?
Arab terrorism - nu, nu, everything is in hashems hands anyhow!

1:17 PM  
Anonymous Anonymous said...

Any true Zionist should be ashamed to rely on heter mechira. Isn't part of our desire as Jews to settle Eretz Yisrael, to be able to participate in the Mitvos that only pertain to Eretz Yisrael.

3:32 PM  
Anonymous Anonymous said...

What a bunch of BS. I love it when holier-than-thou Jews who live in comfort in the US tell the Israelis how they should live and what they should do. It’s so hard to be an armchair Zionist in the 5 Towns……

I’m sure the first thing on the minds of the Israelis when the rockets are falling on their towns and schools are to double check the origin of their fruits and vegetables. Get a life.

8:38 AM  
Anonymous Anonymous said...

Anon 8:38: As a Five Towns resident, I can assure you that most frum Five-Towners are ready to fight to the last Israeli. It is really remarkable how right wing on Israeli politics the Five Towns Frum Community has become. There was a shul that had a rabbinic vacancy coming up soon after the Oslo Accords were reached. Each Rabbi who got a "call-back" and was invited for a shabbat to speak, spoke out against the policies adopted by the democratically elected government of the State of Israel. It was remarkable -- yes, they knew their audience and played to it, but how sad is that. In order to appeal to the Five Towns frum zeitsgist, each rabbi felt he had to attack the policies of the Medinah. How sad. I was taught growing up that if you didn't agree with the policies of the Govt, to keep it to yourself. In 1982, after the invasion of Lebanon, when many of my friends considered protesting against Israel's policies, right wingers took the uniform position that in galut, those who disagree with the policies of Israel should keep it to themselves. I thought they made a lot of sense and they convinced me. I guess they forgot their own advice when it came to Oslo, the peace process, and Gush Katif. (sort of like the same people over here who called chayalim who refused to serve in the shdachim traitors, later advocated for chayalim to refuse to participate in the evacuation/retreat/abandonment of Gaza) I am not saying that the Israeli Govt's position was correct on all those issue -- I am just saying if you disagree and it matters so much to you: make aliyah and vote. So long as the Law of Return is in place, Jews in galut should support Israeli Govt. policies or shut up.

10:34 AM  
Anonymous Anonymous said...

What are you talking about, Anon 8:38? OM is obviously far more familiar with the practices of the Charedi israel crew than you. Rockets or not, there is nothing more important to charedi jews than checking hashgachas on fruits and vegetables. You should get a life before you discuss things you obviously know not much about.

10:51 AM  
Anonymous Anonymous said...

I stand corrected. As the 8:38 poster, I didn’t realize the significant role the charadim played in checking the fruits and vegetables. Other than throwing rocks at cars or people that don’t live up to their standards, I can think of no better use of their time. At least we can feel good about ourselves when we drink a fruit smoothie!

Apparently, some of the people here have a little trouble understanding sarcasm. I’ll try to type slower so they can understand…..

1:55 PM  
Anonymous Anonymous said...

8:38 am considering that galus bavel was brought about through abandonment of the mitzvah of shmittah as can be seen in rashi in behar (25:18) it is surly relevant to be extra vigilant in observing shmittah when rockets are falling and our enemies are looking to destroy us.

3:18 PM  
Anonymous Anonymous said...

Hey 3:18 -- Just a wild guess, but I bet you live in the US, right? Thousands of miles away from any rockets or danger....

Enjoy your salad.

7:17 PM  
Anonymous Anonymous said...

anon 10:34
I was taught growing up to stand up for what is right, and protect Jews at all costs. The years of the demonstrations by SSSJ & JDL, for the freedom of Jews from Russia, were to show the USA our discontent and anger with US's policy of friendship with the Russians. If it is your government (where you live) or your heritage government, you have not only the right but the responsibility to stand up and be counted.
EG.: The Pollard issue, America and Israel have not stood up to the batters box yet, and we the spectators have bearly noticed.

7:46 PM  
Anonymous Anonymous said...

7:17 this is 3:18 last I checked living in the U.S. doesn't shelter me from any danger. We had 9/11 here and there really is nothing stopping anyone from doing it again. Just like London or Madrid, Hashem yishmorenu

7:59 PM  
Anonymous Anonymous said...

Anon 7:46. While I "hide behind a pseudonym, I was not anonymous (mostly a distinction without a difference I guess). I live in America, love this Country, pay my taxes here, and am registered with Selective Service as required. that gives me the right and freedom to advocate (nonviolently) for any position I wish with respect to American policy. As we should have spent extra time remembering yesterday, many have paid the highest price so that we have such rights. As to Israeli politics -- I don't pay taxes there, I don't live there, and I haven't served in the IDF (nor was I found unfit to serve). From my perspective, as a Jew, that gives me the moral right to agree with Israel's policies or shut up. Just as I am offended every time some left-wing moonbat starts an anti-Israel diatribe in a letter to the times with "as a Jew" (or worse, "As the child of Holocaust survivors"), I am similarly bothered (although not nearly as much) by American Jews who are so free to take a tough position on Israeli policies when it is not their lives on the line. Do I like Ehud Barak's politics -- no, but he has certainly given much more for the defense of Israel than I have (I certainly never went into Lebanon in a dress). From my perspective, if you are a Jew but haven't served in the IDF and haven't moved to Israel, then you have no moral right to publicaly disagree with the policies of the democratically elected government of the State. If Israel's policies bother you (or me) so much, the Law of Return gives us the right to move there tomorow and vote. Since we didn't yet, we should not publicly diagree with the policies of the representative government.

As to Pollard, what do you mean America hasn't "stood up to the batters box yet" (a metaphor with which I am not familiar -- step up to the plate, perhaps?). America certainly has stepped up. It imposed a harsh sentence upon a traitor. Yes, as time goes on his sentence seems disproportionate to those given to other traitors, which I find disturbing, but Pollard took his chances, betrayed his government, and is paying the price for his treachery. Israel may have abandoned him -- America owes him nothing.

8:15 PM  
Anonymous Anonymous said...

"last I checked living in the U.S. doesn't shelter me from any danger. We had 9/11 here and there really is nothing stopping anyone from doing it again. Just like London or Madrid, Hashem yishmorenu."

9/11 was terrible -- but it was almost 6 years ago! Do you have any idea how many bombs have fallen in Israel since then?

9:14 PM  
Anonymous Anonymous said...

9:14 The point is not the prevalence of danger it is rather the illusion of security. Of course in Sdorot there is an immediate cancer which must be eradicated, but the smugness of the poster who deems anyone living in the U.S. by dint of his perceived freedom from injury as unworthy of relating to the genuine anguish of acheinu beis yisroel hanesunim betzarah is unconscionable. We all feel the pain, because we are brothers, however the real Churban being experienced does not obviate our duty as a klal to ensure that we collectively as a people are worthy of our land. Our whole claim to Eretz Yisroel is based on the Torah and it is duplicitous at best to claim it while denigrating the very deed that entrusts it to us.

12:08 AM  
Anonymous Anonymous said...

in my opinion, not that it is correct, this particular converstaion is pointless (at most). what we type here at OM will not change the view of any of Eretz Yisrael's parties, of that i can assure you. one thing that i am sure of, is that nobody jewish, charedi, mizrachi, chiloni, whatever it may be- wants to suppost terrorism against our own brothers.

9:41 PM  
Anonymous Anonymous said...

sorry- that was dumb- i meant to say was that its not Necessarily correct

9:43 PM  
Anonymous Anonymous said...

Hey, Observer 8:15 PM,
For the first time I see someone who shares my sentiments on both Israel and Pollard. I couldn't agree with you more.
I donate money to Israel. Donate, not buy it. I live here and have no right to tell those in the line of fire on how to deal with it.
As for Pollard, the man is a traitor, period. He is not an Israeli sent to spy on the US. He is an American who betrayed his country, whatever his reasons were. Did anyone ever stop to think that there may be a reason Israel doesn't acknowledge him.

9:08 AM  
Anonymous Anonymous said...

It should be noted that only 10% of the food eaten in Israel is actually grown here (in any year). Even the raisens you buy in Shuk Machane Yehuda are from California.
So, let's keep this "problem" in perspective, and not let it divide the Jewish community more.

2:33 AM  
Anonymous Anonymous said...

It is ridiculous that Shmita brings huge income to Israeli enemies in Gaza and the Palestinian territories. Whatever are the religious overtones, they cannot excuse purchases from HAMAS voters. What do you think of Obadiah Shoher interpretating Shmita as charity obligation rather than agricultural rule? (Here, for example http://samsonblinded.org/blog/shmita-year-is-about-charity-not-agriculture.htm ) Anyway, I'll better buy from atheist kibbutzim than from Gaza.

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