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Misvot #326-328: Laws of Shemita

Misvot #326-328: Laws of Shemita

FromSefer Hachinuch


Misvot #326-328: Laws of Shemita

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Nov 22, 2022
Format:
Podcast episode

Description

The Torah in Parashat Behar (25:4) introduces the prohibition against agricultural work during the Shemita year, which is observed every seven years in the Land of Israel. The Sefer Ha’hinuch discussed the reasons behind the Shemita year earlier, in reference to the Misva to declare one’s fields ownerless on the Shemita year (Misva 84). In discussing this Misva, the Sefer Ha’hinuch writes that one who performs forbidden agricultural work during Shemita “Bi’zman Ha’bayit” – in the times of the Bet Ha’mikdash – has transgressed this prohibition and is liable to Malkut. The commentaries note that the Sefer Ha’hinuch did not actually mean that the Torah commands regarding Shemita apply specifically during the times of the Bet Ha’mikdash. For in truth, the Biblical prohibitions relevant to Shemita apply only when the majority of the Jewish Nation lives in the Land of Israel. And thus even during the Second Commonwealth, when the Bet Ha’mikdash stood, the Misvot of Shemita did not apply on the level of Torah law, because only a minority of the Jewish Nation was living in the land at that time. When only a minority of the Jewish Nation lives in Israel, the laws of Shemita apply only Mi’de’rabbanan (by force of Rabbinic enactment). The Sefer Ha’hinuch lists a separate Misva (Misva 327) forbidding work involving trees during the Shemita year (as opposed to working the ground). Interestingly, the Torah does not explicitly forbid planting trees during Shemita. It commands that one may not prune his vine (“Lo Tizmor” – 25:4), an activity which enhances the vine. The Sages deduced that if the Torah forbade an act which is beneficial for a tree, then certainly it is forbidden to actually plant a tree. The Hazon Ish (Rav Avraham Yeshaya Karelitz, 1878-1953) noted that one who plants a tree during Shemita is not liable to Malkut, even though he has transgressed a Torah violation. The rule of “En Onshin Min Ha’din” establishes that the courts do not punish for violations of a law which is derived through logical deduction (Kal Va’homer), and is not explicated in the text of the Torah. Hence, one who plants a tree during Shemita does not receive Malkut. The Sefer Ha’hinuch lists an additional Misva (328) forbidding harvesting produce which grew during Shemita, produce known as “Sefihin.” This refers to produce which grew on its own, or that had been planted permissibly before the onset of the Shemita year. On the level of Torah law, it is permissible to harvest small amounts of this produce for consumption, but not to harvest normally, in large quantities. Even if a person planted during Shemita in violation of the prohibitions of Shemita, Torah law permits eating this produce, and forbids only harvesting it in large quantities as he normally does. The Sages, however, forbade eating produce which grew during Shemita, because there were people who would plant during Shemita, in violation of Torah law, and then sell the produce claiming that it had been planted before Shemita. This prohibition applies to vegetables, grain and legumes, which grow quickly. It does not apply to fruits, which take a long time to grow, such that there is no concern that they would be deceptively presented as having been planted before Shemita. One who collects “Sefihin” – even nowadays – is liable to “Makkot Mardut” (lashes) for violating the Rabbinic enactment forbidding “Sefihin.”
Released:
Nov 22, 2022
Format:
Podcast episode

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