One of the great blessings – and challenges - of the return of the Jewish people to the Land of Israel is the literal resurrection of mitzvot that had lain dormant for close to 2,000 years. Seder Zeraim, the first of the six orders of the Mishna, detailing the agricultural laws of the Torah would become relevant once again. So “irrelevant” were these laws that there is no Babylonian Talmud on 10 of the 11 tractates in seder Zeraim, a fact that has made it harder to determine the many details of these laws. While these technical laws may not have the same historical resonance as the return of the people to the Land and the reestablishment of Jewish sovereignty[1], Judaism has always put great emphasis on the technical details of the laws. It was in order to observe these laws that Moshe, our Sages claim, so desired to enter the Land[2] (Sotah 14a).
It is hard to think of more beautiful, impactful and innovative laws than those of the Shmitta year. Every seven years everyone who was a farmer, (but during the period of Tanach that was just about everybody) would be given a sabbatical year. A year to study, spend more time with family and friends, take up a hobby and just rest, relax and recharge.
Moreover, in a rather startling law, one had to allow others to come into one’s field and enjoy the produce of the land, a law of great benefit to the poor. So special is the food that grows in the Shmitta year that it is kadosh, holy, and must not be allowed to go to waste. The sanctity of the Temple had literally expanded throughout the land. In another gesture to the poor, loans that have not been repaid by the end of the Shmitta year are cancelled, likely the first version of bankruptcy laws in human history.
If all this seems rather fantastical that is because it unfortunately is. While there are some today who do not work the land or eat produce that grows in the seventh year, we are very, very far from observing Shmitta as the Torah envisioned it. So difficult are these laws to observe that our Sages developed workarounds, so that in practice these laws would not be violated even as they are not observed.
Recognizing that if loans actually were cancelled during the Shmitta year economic activity would grind to a halt – just think what happens when banks refuse to give credit[3] – Hilled created a pruzbol, a mechanism that in practice allowed creditors to collect on their debts even after the Shmitta year. Some 2,000 years later the heter mechira was developed, allowing the land of Israel to be “sold” to a non-Jew and the Shmitta laws pretty much “ignored”[4].
Rather than lament these developments they are cause for great joy, demonstrating, as they do, the relevance and applicability of Torah law to each and every generation. As mentioned, had Hillel not created a pruzbolthe economic pain would have been enormous, a much greater violation of the ethos of the Torah.
One could argue that people should still have extended credit despite the risk of default via Shmitta – something the Torah actually demands – but 'should of' is of little help when it conflicts with what people actually do. Had the heter mechira not been implemented observant people who had risked so much to return to the land would have been forced to leave the land of Israel. Not working the land in 188/89 might have literally meant starving to death.
Much has changed in the last 150 years and there are very solid halachic reasons why it's best not to rely on heter mechira – though a solid halachic case can be made for its enduring validity. At the same time there are additional reasons why the heter mechira remains crucially important.
Halacha does not exist in a vacuum and not relying on the heter mechirameans produce must be purchased elsewhere, anywhere but from Jewish farmers in the Land of Israel. While this is undoubtedly not their intent (one hopes) in practice that means boycotting Israeli produce. In some alternate world in which the Jewish people live in peace with their neighbours and beyond one might be strict regarding the laws of shmitta. But in the world we currently inhabit, the one with too many enemies urging boycotts of Israel it is much more important to be strict regarding supporting the Jewish people in the Land of Israel.
[1] While much work has been done to clarify and implement many of the agricultural laws the much broader and difficult issues of how to run a State – the primary theme of Sefer Devarim – has barely even begun to scratch the surface. 2,000 years of exile has caused the Jewish people to focus on the “ritual” aspects of Judaism. The “national” aspect of Judaism i.e. the proper political system, social welfare, economic policy, the military, separation of “Church” and State, environmental issues, scientific research and on and on, all so central to Judaism is in dire need of visionary leadership and much effort.
[2] This is a rather startling claim and I doubt the Rav Simlai, the author of this teaching meant it literally. Moshe wanted to enter the Land to complete his Divine mission of taking the people out of Egypt and bringing them to the Land of Israel. But for the post destruction rabbis it was personal mitzva observance, not nation building that they wanted to emphasize.
[3] The severe recession of 2008/09 remained a severe recession and not a great depression that might have made 1929 look mild, because governments pretty much gave away money for free and interest rates dropped to near zero. While the Torah – later on in parshat Behar – prohibited the charging of interest applying that in practice would have an even greater negative impact on economic activity. For example, almost no one would be able to buy a home. Here too the Sages developed a workaround, the heter iska, which effectively allowed the charging of “interest”.
[4] This is somewhat of an oversimplification, but the technical details have little bearing on the line of reasoning of this devar Torah.