Hamaayan/The Torah Spring Edited by Shlomo Katz Parashat B'reishit Volume VIII/Number 1 (336) 24 Tishrei 5754/October 9, 1993 We are now nearly one month into the Shemittah year -- the sabbatical year when farmers in Eretz Yisrael are commanded to leave their fields fallow -- and Hamaayan will devote at least part of each issue during this year to the Shemittah. Commentaries write that the sabbatical year was given to us for much the same purpose as the Shabbat. That purpose is to rest from our work and study Hashem's deeds. Indeed, says Ramban (vaYikra 25:2), one who does not observe the Shemittah denies creation, and the punishment for such laxity is exile from Eretz Yisrael. According to R' Avraham Yitzchak haKohen Kook, just as the individual recoups his strength on Shabbat, so does the nation during the Shemittah. For six years, each man works his field. As much as a person performs kindness and charity, we know that a person's primary preoccupation is his livelihood. Then comes the Shemittah -- no one works the fields, no one collects his debts, all Jews are on equal footing, able to focus on the needs of society as a whole. The Gemara (Megilah 17b) says that Mashiach will come after a Shemittah. Since the exile began because of needless hatred -- the breakdown of society -- R' Kook's observation may explain the connection between Shemittah and the end of the exile. "G-d saw that man's wickedness was great upon earth, and that every product of the thoughts of his heart was only evil, all day. And G-d reconsidered having made man." (6:5-6) R' Yosef Ashkenazi explains these verses based on the famous dispute between Bet Hillel and Bet Shammai (Eruvin 13b) whether man is better off having been created or if he would have been better off if he had never been created. It is Bet Hillel who considers man fortunate that he was created. Chazal teach that there are 365 negative commandments and 248 positive commandments. Bet Shammai says, according to R' Ashkenazi, "How can man avoid the punishment for these 365 negative commandments?!" Bet Hillel retorts, "Fortunate is the man who receives the reward for keeping the 248 positive commandments." What about the negative commandments? Chazal teach that Hashem rewards for a thought which leads to a Mitzvah as He does for the Mitzvah itself. Not so with a thought that leads to a sin -- such thoughts (though not the actions which follow from them) usually go unpunished. Therefore, says R' Ashkenazi, Bet Hillel reasons that man has 496 (i.e., 2 X 248) opportunities for reward compared to only 365 opportunities to sin. Indeed, man is fortunate. For the generation of the flood, Hashem did punish for the thoughts which preceded the sin. (Various commentaries discuss the reasons.) Therefore, their opportunities for sin and punishment were once again greater than their opportunities for Mitzvot and reward, and it was better that they did not exist. (Tzofnat Pa'aneach haChadash, Erech Briyat haOlam) ************************************ R' Yehuda Leib Eiger notes that the sanctity of the first letter of the Torah is dependent on all the other letters, including the last letter. If one letter is missing, the Sefer Torah cannot be used as such. The last words of the Torah are, "Before the eyes of all Yisrael." Man cannot receive the Torah alone; unless the Torah is before the eyes of all of Israel, the individual's Torah has no "beginning" either. (Torat Emet) ************************************ Rashi (B'reishit 1:1) writes that the Torah begins with Creation in order to emphasize G-d's right to give Eretz Yisrael to whomever He chooses. Indeed, the Torah prohibits the settlement of non-Jews in Israel (see Devarim 7:2). The question then arises -- assuming, as some authorities say, that the obligations of Shemittah can be avoided by selling the land of Israel to non-Jews -- does one who sells the land for that purpose violate any prohibition? R' Avraham Yitzchak Kook writes that the prohibition is not violated if one sells the land to a non-Jew who already lives in Israel, because the prohibition only exists because of the Torah's desire not to attract non-Jews to Israel. R' Kook notes, however, that there are a number of problems with this approach, including: Is there nevertheless a Rabbinic prohibition involved and, if so, is this the type of Rabbinic prohibition which is set aside when necessary to promote Jewish settlement in Israel? Also, are we not in effect magnifying the level of a prohibition which has already been violated (i.e. this non-Jew has been allowed to live in Israel until now)? (Shabbat haAretz, Introduction, section 12) R' Yechiel Michel Tikochinski writes that perhaps there is no prohibition on selling land in Israel to a non-Jew when the sale is ultimately to the Jew's benefit. The difficulty with this answer, however, is that every sale benefits the seller, who receives the purchase price, yet the Torah prohibited sales in general. Another possibility is that there is no prohibition to return the land to the non-Jew from whom the Jew first bought it. This answer, says R' Tikochinski, is accepted by only one authority (i.e. Maharasha). Others say that the only basis for the prohibition is to prevent the spread of idolatry in Israel. Thus the land can be sold to a Moslem, as they are not idolators in the eyes of Halacha. (Sefer haShemittah, p.108). R' Shlomo Yosef Zevin writes that a distinction can be drawn between selling the land for Shemittah and an ordinary sale where the seller benefits from receiving the purchase price. The benefit in this case is not just to the sellers, but the community as a whole. (In a sense, the Mitzvah of living in Israel is itself the beneficiary.) Perhaps the strongest answer, in the eyes of R' Zevin and of R' Zvi Pesach Frank, is the distinction between selling the land to a non-Jew and allowing a non-Jew to settle in Israel. The Torah explicitly prohibits only the latter; avoiding Shemittah requires only the former. Thus, there is really no conflict. (l'Ohr haHalacha; Har Zvi) ************************************ "The Rebbe Reb Heshel" (R' Avraham Yehoshua Heshel of Cracow) Died 20 Tishrei 5424 (1663) R' Heshel -- the name Avraham was added late in his life -- was born in Brisk. His father was the Rabbi there, and his mother was a scion of many of the leading scholars of previous generations. At a young age, R' Heshel became his father's assistant in heading large Yeshivot -- first in Brisk, then in Lublin. He succeeded his father upon the latter's death in 1644, and raised many great students. These included R' David haLevi ("Taz"), R' Shabtai Kohen ("Shach"), and others. R' Heshel never called them his students, however, but rather, his friends. Another indication of R' Heshel's humility was the fact that he had an assistant whose specific job it was to rebuke R' Heshel as the assistant saw necessary. R' Heshel also represented his generation before the king and before wealthy coreligionists. R' Heshel spent two years in Venice raising money to rebuild Jewish life in eastern Europe after the pogroms of 1648-49. Many famous Rabbis of later generations were his descendants. R' Hershel also wrote many works, most of which were lost. Among the fragments which remain and are collected in work called Chanukat haTorah is the following explanation of Chazal's teaching, "If one is haughty, it is as if he has worshipped idolatry." Says, R' Hershel: Why does the verse (B'reishit 1:26) say, "Let Us make man," rather than "Let Me make man." Because, Chazal explain, Hashem wants to teach that even the greatest person should seek counsel from others, just as Hashem did here from the angels. However, if a person is haughty and ignores that teaching, how does he explain the use of the plural in that verse that verse? To him, it must mean that there is more than one God. ************************************ PUBLIC SERVICE ANNOUNCEMENT The "Halacha Yomit" program is now learning Kitzur Shulchan Aruch at a pace of five paragraphs a day. Today learn Ch.24, sections 6 - 10. Tomorrow, continue but skip Chapters 25-26. ************************************ The learning schedule for this Shabbat is: Terumot 1:8-9 Gittin 33 Yerushalmi - Ma'aser Sheni 10 ************************************ The hard copy distribution of this weeks Hamaayan is sponsored by: The Parness family in memory of Anna Parness, A"H ************************************ DONATIONS TO HAMAAYAN ARE TAX DEDUCTIBLE