Shabbat Parashat Vayeilech 5783

Igrot Hare’aya – Letters of Rav Kook: Implementation of Land-Based Mitzvot in the Yishuv - #119

Date and Place: 26 Adar I 5668 (1908), Yafo

Recipients: Rabbi Yaakov Posen and Mr. Hermann Struck (artist), leaders of the Mizrachi of Frankfurt.

Body: It is true that the main land-based mitzvot that occupy a major part of the practical elements of life, are not presently fully operational. One example is tithes. If we would give the levi’im their part (ma’aser), it is unclear if the Yishuv could survive considering the large burden of taxes the Turkish government takes. The custom has already spread to use a permitted system of [obviating the tithes by] legally transferring to a kohen and a levi their part (i.e., they don’t actually get all that is “given” to them) in order to fulfill the law of the Torah. According to the situation, it is an absolute necessity to act this way, until the good days return when Bnei Yisrael will live safely in its Land, under its own leadership, with Hashem’s sanctuary built high in the mountains, as we hope will happen soon.

The same is true regarding Shemitta. If we were able to keep it without any halachic devices to permit matters by obviating the mitzva, based on the leniency that is practiced with all its difficulty, it would be a major practical question. However, the poverty causes that it is not at all possible to keep it properly – not even including the fact that the government demands its part – and everything might be ruined, in the present state of desolation. Therefore, we must rely for the time being on the device of selling the land to a non-Jew and then have non-Jews do the four agricultural actions that are forbidden by Torah law – sowing, pruning, harvesting, and plowing. Regarding the rest of the actions, which are forbidden Rabbinically, we rely on the heter mechira and allow even Jews to do the work, until the Land will be built and established by its sons and we will be able to fulfill everything according to Torah law. Therefore, Shemitta ceased to impact directly on life.

Tithes and Shemitta are the two most important matters that have the potential to majorly impact the Yishuv. Regarding other land-based mitzvot, we must remove the matter of leket, shikcha, and peah (laws to help the poor, about leaving certain produce in the fields), which in our lowliness we cannot do properly because the Jewish poor will not receive any benefit, as our Arab neighbors will sweep down on our fields and take the produce. This is a matter that is discussed by the poskim (Yoreh Deah 332), and the situation has not changed.

What remains are only orla (prohibition on benefit from fruit in a tree’s first three years), and different types of mixed planting. These are kept properly without undue hardship to the Yishuv. Just regarding grafting trees, new questions, requiring special attention, arise. These issues are not unique to the laws of Eretz Yisrael (grafting is forbidden even in the Diaspora), just that it comes up more frequently here, where Jews lead a more agrarian life. Therefore, I have not felt a great need to explain (i.e., write books on) the details of these mitzvot in the context of our goal of improving the workings of the Yishuv and creating a practical connection between our nation and the Holy Land at this time.

The matter, though, is not limited to present life, for many want to know about matters of relevance for future life: how will our nation fulfill the laws of the Torah in its Land, when matters will improve, and all the laws will be properly fulfilled. So, I have decided to write a short pamphlet, containing an abridged presentation of all of the land-based mitzvot, with comments relating to a complete national life and their value as a remembrance of the Beit Hamikdash, which are of great value and sanctity, when done for Hashem and His nation. When I have time to improve it, I will send it to you. If you want to publish it, you may do so as you like.

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