Page 16 - HaMizrachi #32 RH-YK 2021 USA
P. 16

The Fiftieth Year





                                                   Rabbi Hershel Schachter



                          he yovel year, when Jewish   majority of Jews reside in Israel gives   cycles; we do not count a “blank year”
                          slaves are freed and prop-  the Land a deeper holiness, and the   in between.
                          erty returned to its original   laws of  yovel then apply. Similarly,
                   Towners, is observed every 50     since Israel is considered our national   Although  the  Rambam  disagrees
                                                                                      with this view in theory and holds
                   years, following seven Shemitta cycles.   homeland, it accomplishes a  tziruf   that the yovel year should continue
                   However, there is a debate among the   (combination) of the Jews living there,   to be reckoned before commencing
                   rabbis concerning the counting of   who are then considered the primary   the next seven-year Shemitta cycle, he
                   the yovel year, as to whether the 50th   congregation of Klal Yisrael. This is in   maintains that in practice, we should
                   year is considered a “blank” year, not   contrast to the Jews residing in exile,   act in accordance with the opinion of
                   belonging to any seven-year Shemitta   who are only classified as individuals.   the Ge’onim of Israel, who had contin-
                   cycle.
                                                     David Ben Gurion used to say, “Who-  uously observed the laws of Shemitta,
                   Rebbi Yehudah holds that the yovel year   ever does not live in the land of Israel is   because “tradition and practice are
                   is also counted as the first year of the   not Jewish.” Since his concept of Juda-  great pillars in the determination of
                   next seven-year Shemitta cycle, which   ism failed to recognize the individual   practical law.” The Ra’avad writes that
                   means the year after yovel is already   Jew’s holiness and consisted only of   we should follow the Rambam’s opin-
                   the second year of the next cycle. This   the idea of Jewish nationhood, he was   ion in this case.
                   contrasts with the Chachamim, the   correct to state that the Jew in exile is   The Tanna’im in the Sifra (quoted
                   accepted opinion that holds that the   “not Jewish.” We, however, who believe   by Rashi, Gittin 36a) further dispute
                   yovel year is not part of any cycle; the   in a twofold holiness – the holiness   whether the condition regarding the
                   next Shemitta cycle commences after   of the nation and the holiness of the   observance of  yovel,  ָהי ֶל ָע   ָהי ֶב ְ ׁש ֹוי  ל ָּ כ,
                   the “blank” yovel year.           individual – recognize that the indi-  affects the Shemitta year as well. Rebbi
                                                     vidual Jew’s holiness remains intact
                   The Gemara (Arachin 32b) tells us that   and obligates him in Torah and mitzvot,   maintains that Shemitta and yovel are
                   towards the end of the first Beit HaMik-  regardless of his location.  interrelated, such that the observance
                   dash period after Sancheiriv exiled the                            of Shemitta can only be d’oraita (bibli-
                   shevatim of Reuven, Gad, and half of   The Gemara continues to explain that   cally binding) when it leads up to a yovel
                                                                                      year. If we know in advance that yovel
                   Menashe, the observance of the dinim   even though the laws of yovel were no
                   of yovel were annulled. This is based   longer applicable at the end of the first   will not be observed because we lack
                                                                                      the condition of  ָהי ֶל ָע  ָהי ֶב ְ ׁשֹוי ל ָּ כ, then the
                         ֹ
                   on  ָהי ֶב ׁשי ל ָכ ְל ץ ֶר ָא ָּב רֹור ּ ְד ם ֶתא ָר ְקּו, “And you   Beit HaMikdash period, following the   observance of Shemitta can only be a
                         ְ
                   shall proclaim liberty throughout the   opinion of the Chachamim above, “they   d’rabbanan (rabbinically binding).
                   land unto all its inhabitants” (Vayikra   [continued to] count the yovel years
                   25:10, later inscribed on the Liberty   [as blank years] to sanctify the Shem-  The  Gemara alludes to  this  debate,
                   Bell), which teaches that the laws of   itta years [at their proper time].” The   indicating in several places that the
                   yovel are to be observed only when לָּ כ   Rambam (Hilchot Shemitta VeYovel 10:3–  accepted opinion is in accordance with
                    ָ הי ֶל ָע ָהי ֶב ְ ׁשֹוי, “all its inhabitants are on   4) cites the opinion of the Ge’onim that   Rebbi (Mo’ed Katan 2b, Gittin 36a). This
                   [the Land],” and not after some of them   even though this was the case at the   is the opinion of the majority of author-
                   have been exiled. The majority of the   end of the first Beit HaMikdash period,   ities – that Shemitta in our time is only
                   world’s Jewish population must be in   this is not the practice to be followed   rabbinically binding.
                                                     currently, after the destruction of the
                   Israel, and each tribe must be in its                               Adapted from Rav Schachter on the Parsha II.
        A member of   respective territory.          second Beit HaMikdash (or during the 70
        the Mizrachi                                 years of the exile in Babylonia). Nowa-
      Speakers Bureau  The Jewish nation and Israel enjoy a   days, the yovel year should be totally   Rabbi Hershel Schachter is Rosh Yeshiva
       mizrachi.org/  symbiotic relationship, each positively   ignored and we only recognize a con-  and Rosh Kollel at Rabbi Isaac Elchanan
           speakers  affecting the other. The fact that the   tinuous series of seven-year Shemitta   Theological Seminary of Yeshiva University.













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