[Avodah] Heter Mechira

[T613K at aol.com]

redirected from Areivim:   
>>Wholesale Chametz selling  to the non-Jew is completely different  than the
HM, in an elementary  way. If the gentile would follow through on the
purchase from Osem and  Elite, buying out their stock, they would be
overjoyed. If the Arab  followed through on the purchase of millions of
dunams of EY, there would  be war.<<


---------
 WHY HETER MECHIRA  IS OK

1) there's a machloket (Rambam  vs. the Geonim) if the  yovel
is included in the first shmitta or  not 

2) there's a machloket between Rashi and the Rambam on the date  
of the Churban  from which date we count the shmitta 

So for  starters there's even a safek if the shmitta today is actually 
the correct  date. 

3) Rav Pessach Zvi Frank in the HAR ZVI YD 123 ruled that there is  no 
problem of 
the prohibition of *lo techanem* [selling land in Israel to  gentiles] 
especially if they are Muslims. [According to the Kesef Mishneh  regarding 
living in Israel, today we *do* accept ger toshav]. 

4)  DAAT YACHID: first of all it's *not* a "daat yachid" [single solitary  
opinion] that shmitta today is not even d'rabbanan but a "midat chasidut".  
Those that rule this way include the RAZAH (the Baal HaMaor !), the Baal  
HaIttur [half of Yoreh Deah is based on his piskei halacha. Check the  
Beer Heitev and the BACH for sources], the Raavad in his Hassagot on the  
RIF in Gittin; the Meiri, the SMA (Meirat Einayim), and the Perisha.  
[The RAN calls them [above] "yesh chachamim"; the Rema talks about "yesh  
omrim"]. And one of those that considered shmitta today as not even  
d'rabban was the BEHAG (R. Shimon Kayara, 8th Cent. CE) who was *only*  
one of the early Geonim. 

The only reason why Shmitta today is  considered D'Rabbanan is a Ta'ut Sofer
in ONE (out of 4 manuscripts of a  Rambam with a word in the wrong order)

5) KINYAN L'NOCHRI: [having the  gentile take ownership of the property]: 
The Sefer haTeruma permits and thus  the kedusha of the land is removed. 
[See the sugya in Gittin 47 where in  Mitzvot d'rabbanan  there *is* kinyan 
l'nochri [Israel being in the  category of Syria]. The Sefer Hilchot Eretz 
Yisrael (attributed to the Baal  haTurim) specifically permits "kinyan 
l'nochri 
l'hafkia". 

6) LAND  REGISTRY [tabu]: look at what the Chazon Ish writes in Hilchot 
Maasrot  (Siman 10) ! [selling land to gentiles in Israel is *tofes* 
[valid] even if  the transaction was NOT registered in the land's registry] 
And for the past  21years, the heter mechira of the rabbanut does include 
an indication  "He'arat azhara" in the Land Registry.  
==========================================================
Since many  Acharonim hold that corporations have a special halachic
status, [
A corporate entity (vs. single person) even if partly

owned

by Jews may have a different law (see:  Shaagat Aryeh 89-90;

Ha'Elef

Lecha Shlomo 238)] 
my suggestion would be that instead of the Rabbanut selling to
an Arab  (one person), they sell or LEASE the agricultural land to a foreign 
owned  corporation.
The sale would be bona fide, legally valid, and avoid the  problem of LO 
TECHANEM. [They would
actually be able to float "junk bonds" or  "penny stocks" to pay for the full 
transaction]


>>>>
Isn't it impressive how many halachic sources I can  quote?  And isn't it 
amazing that I've turned around and endorsed the heter  mechira after being 
dubious about it in the past?
 
Actually, of course, I didn't write the above post.  It was written by  an 
Areivim lurker.  I am merely acting as his amanuensis.
 

--Toby  Katz
=============











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