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<font size=3>From
<a href="http://www.star-k.org/kashrus/kk-shmitta-5775.htm" eudora="autourl">
http://www.star-k.org/kashrus/kk-shmitta-5775.htm<br><br>
</a><b>Who Owns The Land?</b> There is a difference of opinion
among the <i>poskim</i> as to whether produce grown on land owned by a
non-Jew living in the Land of Israel is considered produce of
<i>sheviis</i>. The custom in <i><u>Yerushalayim</i> is not</u><i>
</i>to consider it produce of <i>sheviis</i>, while the custom in
<i><u>Bnei Brak</i> is</u> to consider it produce of
<i>sheviis</i>.<br><br>
<u>Selling The Land:</u> The <i>Heter Mechira</i> was formulated
and instituted by many very prominent <i>rabbanim</i> (including the
<i>Gadol Hador</i>, <i>Harav</i> Yitzchok Elchanan Spector) in the year
1887. There was a great deal of controversy among other prominent
<i>rabbanim</i> surrounding the <i>heter</i>, the foremost of whom was
the <i>Netziv</i> (<i>Harav</i> Naftoli Zvi Yehuda Berlin) of
Volozin. Most of the controversy centered around the problem
regarding the <i>Torah</i> prohibition of selling any part of the Land of
Israel to non-Jews. Those who proposed the <i>heter</i> claimed
that the situation in the Land of Israel was so precarious that not
working the land for an entire year would put the entire Jewish
settlement in danger, thus warranting this drastic measure. Others
claimed that the prohibition of selling the land was worse than the
prohibition of working the land. Since then, every <i>Shmitta</i>
there have been <i>rabbanim</i> who have sold the land.
<i>Harav</i> Avraham Yitzchok Kook institutionalized the sale (although
he, too, agreed it was to be done only under grave duress). Since
it's inception, the Chief Rabbinate of Israel has sold the land every
<i>Shmitta</i>. However, there are presently many <i>rabbanim</i>
who question whether the current situation in Israel warrants this type
of sale. Furthermore, there is another more serious problem the
consumer faces. The produce that is sold in the regular stores
during the year of <i>Shmitta</i> predominantly comes from non-religious
<i>kibbutzim</i> and <i>moshavim</i>, who would never agree to sell their
land. This is compounded by the fact that the non-religious
<i>kibbutzim</i> do not observe those prohibitions which <i>Harav</i>
Kook instituted, and <i><u>Harav</i> Kook never permitted their current
practices</u>. Certainly, a tourist who is not knowledgeable
concerning the <i>dinim</i> of <i>Shmitta</i> should buy produce only
from stores that do not rely upon the <i>heter mechira</i>.<br><br>
YL<br>
<x-sigsep><p></x-sigsep>
llevine@stevens.edu</font></body>
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