Date and Place: 24 Marcheshvan 5670 (1909), Yafo
Recipient: : Zvi Henri Frank, a lead administrator of the Jewish Colonization Association, the conduit for Baron Edmond De Rothschild’s support for the development of the Yishuv. This a follow-up to the letter we presented last week regarding those who did not want to rely on the Heter Mechira.
Body: I am honored to thank you for your dear words in your letter, and I want to ask you to notice my present words. I am compelled to present [an analysis] of one of the foundations of our holy religion, which is connected to the matter at hand.
The Torah has severe and “light” mitzvot. The obligation to keep the severe and the light are identical. Only when pressing and greatly extenuating circumstances in the “path of life” occur, the scholars of the religion concentrate to clarify the situation. If they deem the subject to be a severe mitzva (i.e., “of Torah origin”), they are not pushed off by the situation’s difficulty, even when there is a doubt whether there is an obligation [in a certain case]. This is because we do not treat matters of our religion lightly, but with great care and seriousness.
If a mitzva is included in the light mitzvot (i.e., Rabbinic), we can rely in pressing circumstances on the lenient opinion when there is a doubt whether in a given case there is an obligation. Obviously, regarding our religion, like any intellectual discipline, there is place for differences of opinion. Some matters are, according to some scholars severe mitzvot and according to others, light mitzvot, about which in case of necessity one can act leniently in a case of doubt.
However, the following is an important rule. The above distinction between light and severe mitzvot applies only to situations where there are peace of mind and freedom, i.e., each individual is allowed to do as he sees fit. Then, individuals ask religious scholars how to act. In contrast, when a “power,” Jewish or gentile, forces and coerces, then there is no difference between stringent and light, and all the mitzvot have the status of severe ones. Our history is full of cases like these – people desired to force Israel to violate even a small matter of religion, and Israel stood up with all of their strength, including by giving their life, against the coercers.
From this you should know that it is possible to solve the question of Shemitta in Eretz Yisrael only if authorities outside the realm of religion will not coerce at all. Then I can agree with the scholars who categorize Shemitta as a light mitzva, as it is of Rabbinic origin in our days and there is some question as to whether it is obligatory. This allows for leniency, such as the sale of the Land. However, if any authority applies any type of coercion to prevent those who want to fulfill the mitzva due to their inclination or faith in the scholars who consider Shemitta a severe mitzva, then it leaves the category of light mitzvot to become severe. This can make the whole leniency [of selling the land] collapse, which would be a great hardship for the whole Yishuv. This would contradict the wonderful principles of the Jewish Colonial Association and the administration of the Rothschild organization, to improve and develop the Yishuv.
I must give a religious ruling to the farmers who are asking me [about relying on the sale]. The answer depends only on whether you lift the coercion. Then only a handful of pious people will accept stringency on themselves and not use the Heter Mechira, whereas farmers will generally work calmly based on the leniency. But if the coercion will remain on all the individuals, against an approach of liberalism, which every sensitive person applauds, all our efforts to arrange the sale will be valueless. Since I know you to be a gentle spirit who respects religion, and one with the ability to look at life objectively even outside of his own professional activities, I request of you: Give respect to the G-d of Israel and His Torah. Do not give fuel to those who say that the administrators are making an inquisition against religion.
I end with an impassioned plea to acquiesce for the sake of our nation and Holy Land and on behalf of the association, which does so much good for the House of Israel. I wait impatiently for your answer, orally or in writing, as you decide with your wisdom and gentle elevated spirit.
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