[Avodah] Gedolim and the HM

[SBA]

From:Saul Mashbaum
Why does everyone keep saying that the heter m'chira is based on selling the
land to *Arabs*?
================

Actually that is how the Ridvaz writes - about it. "The Rav of Yafo selling
it to some barefoot Arab.."

>>>ROY is one of the g'dolei hador, is essentially chareidi in hashkafa and
holds, on purely halachic grounds, that produce from the heter m'chira is
muttar l'chatchila. Others disagree, but certainly k'dai ROY lismovch alav
b'shaat had'chak. 

>>>>>>>>>>>>>>>.

Others disagree? In fact how many gedolim of the past 50-60 years can you
name that ruled that DON"T disagree and rule that it is muttar lekatchila?

>>>>I think that those incapable of refuting his halachic reasoning (which
is of course everyone on this list) should refrain from sarcastic comments
about the validity of the heter m'chira. 
----------------

Talking of which, there is a 6-page teshuva in Divrei Yoel (vol 1: 95) where
he quotes the baal Aruch Hashulchan. VERY blunt and pointed, vezeh leshonoy
(of the AH):

"..umah shehekilu be'avonosenu horabim bo'eis hazos beyeshuvei Eretz
Hakodesh laasos bashviis al pi shtarei mechireh al hayesod she'ein zeh rak
miderabonon, zehu elbon Toroseinu Hakedosho ve'elbon Eretz Hakodesh
lehaarich pizureinu, kakosuv betochocho, veyad "hamechunim rak beshem
Yisroel" [my emphasis] be'emtza - kaasher kevar tzavchu gedolei hador
al zeh, kemevuar b'teshuvas gisi Hagaon Hatzadik miVolozhin bechiburo
'Meshiv Davar' beKuntres Hashmitta..."

The DY also shows that with Mechiras Chametz, the achronim rule that if one
'sold' his chametz but continues to trade with it on Pesach, then the
mechireh is batel. Accordingly those fields where Jews work and sell the
produce, the whole HM is a 'chuche utelule'.

(If requested I can scan and email the teshuva.)

The Minchas Yitzchak (vol 8: 96) also writes about this. He quotes the CI
zt'l giving 3 reasons why the HM has no 'chalos' at all.

1) The sale is done via a shliach - ve'ein shliach lidvar aveireh.
2) That the Tabu is not transferred to the buyer. And should the goy decide
he wants to keep his purchase, he would have no claim in court.
3) Because everyone knows that this isn't a genuine sale. Unlike 'mechiras
chametz' where everyone sells with his whole heart - so as not to be oyver
on 'baal yero'eh' and is 'gamar umakneh', those behind the HM sale would
never genuinely sell the whole country to goyim.

SBA