[Avodah] Is there a mitzva to purchase a piece of land in Eretz Yisroel before the Shemitah year

[Prof. L. Levine]

>From today's OU Kosher Halacha Yomis


Q. Is there a mitzva to purchase a piece of land in Eretz Yisroel before the Shemitah year, so as to fulfill the mitzva of letting it lay fallow?

A. Many Rabbonim recommend purchasing a plot of land in Israel and leaving it fallow on the 7th year to fulfill the mitzvah of Shemitah, and there are organizations that make such purchases available. (It is praiseworthy to create mitzvah opportunities, even if one is currently exempt.). Nonetheless, Rav Moshe Sternbuch (Teshuvos V’Hanhagos 5:305) points out that whether one fulfills a mitzvah by purchasing land and not working it depends on whether the mitzvah of Shmitah is a positive obligation or a negative restriction. The wording of Rambam (Hil. Shemitah 1:1) appears to indicate that Shemitah is a restriction and not a positive obligation. Although the Torah expresses Shemitah as an “asai” (a positive commandment), it may be an “issur asei” (a prohibition stated in the positive form). If this is the case, a mitzvah is not fulfilled when not tilling the land, and there is no point in buying property in Israel for the Shemitah year. However, he concludes that in any event, it is incumbent upon us to support the farmers so that they can properly fulfill the mitzvah, and by doing so, we will share in the merit of the mitzvah even if it is an “issur asei”.

YL
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