[Avodah] shemitta

[Moshe Feldman]

On 5/18/07, Samuel Svarc <ssvarc at yeshivanet.com> wrote:
> > And it is not clear that
> >the Rambam holds that there is no mitzvah:
>
> The Ramban felt that way, as he argued against the Rambam, making it clear
> what he understood the Rambam's position to be.

No.  The Ramban merely says that it's a mitzvah not counted by the
Rambam as one of the 613.  The Rambam, as he did in other cases which
he wrote about in the shorashim, might have reasons not to count it,
but from the Ramban's perspective, the Rambam in the shorashim never
gave a sufficient reason for not counting eating fruits of Shmittah.

> > And Rav Moshe Feinstein holds that according to the Rambam it's a
> >mitzvah kiyumis.
>
> Which is definitely not a chiyuv on someone else to facilitate.

I would argue the opposite: if it's a mitzvah kiyumis, it's a value
that we all share, just that some prefer doing other mitzvos (just as
some people are better suited to fulfilling certain mitzvos than
others).  But clearly it's an important value, as all sefer Devarim
talks about that.  If so, we should not do things which undermine the
ability of others to fulfill that mitzvah.

> >First, I noted that Rav Kook's understanding is the pashut pshat in
> >the Ramban.
>
> In R' Kook's opinion. The CI disagreed with this.

In looking at the Ramban in shi'chi'chas ha'asin 3, it looks like it
could be read both ways.  Interestingly, the way the Megillas Esther
quotes the Ramban, he adds language which makes it clear that it's a
mitzvah to eat.

> >Second, the CI himself strongly pushed Otzar Bais Din
> >over buying produce from Arabs. So charedim should follow their
> >manhig completely, not just for one prat.
>
> I would assume, if the rumor that they aren't using OB is true, that the
> reasoning is as follows: Experience has shown that people don't keep the
> "kedushat sheviis" properly. So they picked the better of two evils, as
> their manhig didn't feel there was a chiyuv to eat peiros sheviis.

Have you heard that charedim are not keeping kedushas shevis properly?
AFAIK, it's just the Badatz Eidah Charedis which is not pushing OB.
The masses are voting with their feet, because kedushas sheviis is a
"bother."  Have you found statements from Rav Elyashiv and others
stating that OB is no longer to be preferred?

Shavua tov.
Moshe