[Avodah] shemitta

[SBA]

From: "Moshe Feldman" <>
, A & C Walters  wrote:
> Also, those who say that by avoiding the "difficulties" of the mitzvah, it
> should be fakert, a person should look for them, and enjoy them, let's not
> forget shitas Tos; (beshem R' Chaim) Kesub. 110b that because of the
> difficulties of shmitta etc, one is potur from yishuv E"Y.
-

Your reliance on R. Chaim Cohen is misplaced.  First, the Pischei
Tshuva to Even HaEzer 75:3 cites the Maharit that these words were
written by a talmid to'eh.

>>

FYI, it was not only R' Walters who relies on that RCC but even the
father of the Maharit - the Mabit quotes him - RCC- (in vol 1:245)
exactly as per the Tosfos !

To get a good understanding of this matter see VM p.263.

>>Second, RCC states simply that in his day,
people could *not* fulfill the mitzvos ha'tluyos ba'aretz ("ein anu
yecholim l'hizaher"), and in mentioning the punishment for violating
those mitzvos, RCC implies that his point is that one shouldn't make
aliyah if that will lead one to *violate* aveiros which will cause one
to be punished.

>>

Tosfos also says 'eino noheg bizman hazeh d'ikka sekanas derachim'.
Presumably, these days, Tosfos would ban people living in the more
dangerous areas of EY (eg Sderot, Chevron, Aza etc)

It is no question that RCC would ban current baalei aveireh
from making aliya.

How do you think he would have ruled for those who asked about
making aliyah - but plan to rely on the Hetter Mechirah?

SBA