[Avodah] shemitta

[Samuel Svarc]

>From: Moshe Feldman [mailto:moshe.feldman at gmail.com]
>
>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.

I think you are getting confused here, as I was referring to Yishuv EY. Not
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.

No one is undermining, they are simply not facilitating. And since according
to R' Moshe it's a mitzvah kiyumis, I don't understand how one can require
someone else to facilitate their own mitzvah kiyumis, as you are arguing. 

>> >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.

Are you now conceding that it's plausible that the CI held his version was
pashut p'shat in the Ramban?

> Interestingly, the way the Megillas Esther
>quotes the Ramban, he adds language which makes it clear that it's a
>mitzvah to eat.

Since when can't the CI argue with Megillas Esther (we are referring to the
commentary on the Ramban's critiques, not the sefer of K'suvim)?

>> 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?

No. Neither have I heard that they aren't keeping OB. As you yourself
pointed out, the charedi Gedolim have strongly encouraged OB. I therefore
assumed upon hearing a rumor that this had changed, it was a conscious
decision of the same Gedolie Yisroel based on experience of people not
keeping kedushas shviis.  

>AFAIK, it's just the Badatz Eidah Charedis which is not pushing OB.

And as others have posted they have halachic reasons for this.

>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?

Have you? I never claimed that they are not eating OB, in fact I didn't
believe the rumor as you can see with this quote from a previous post of
mine, "With all that, I don't see why Otzar BD couldn't fulfill all of this,
and therefore I'm skeptical of the claim that the Badatz doesn't use OB",
having been told that the Badatz has halachic reasons not to hold of OB, I
accept it on them, but I remain skeptical of the claim that litvishe
charedim, who do not share the Badatz's halachic reasoning don't use OB. And
if the rumor is true, I offered a reason that doesn't have them considering
it a "bother", but rather being worried over possible improper disposal.
DLZ, I think it's called.

KT,
MSS