Date and Place: 17 Shevat 5669 (1909), Yafo
Recipient: Rav Yaakov Dovid Wilovsky, known as the Ridbaz. The Ridbaz was a leading Torah scholar, who had served as a rabbi in several communities in Eastern Europe and then in Chicago. In 1905, he moved to Eretz Yisrael and founded a yeshiva in Tzfat. An author of many Talmudic works, his most famous halachic stand was against the heter mechira, the temporary sale of land in Eretz Yisrael in an attempt to obviate the restrictions of Shemitta (the Sabbatical year).
Body: [Last time, we saw Rav Kook’s explanation for why there was an acute need to perform the heter mechira once again.]
On the heart of the matter (the halachic logic), I will tell you my humble opinion. This is indeed not the first ruling where a broad segment of society relies in its time of need on a minority of opinions or even a single opinion. Some examples are: new grain, abrasions in an animal’s lungs, and the ability to construct eruvin based on the assumption that there are not in our times public domains on the level of Torah law. Therefore, it is not farfetched in our days to rely on those who are lenient to say that it is permitted for a Jew to work the field that is owned by a non-Jew, that the sanctity of Shemitta is removed from the land, and that the selling for a limited time is valid in cases of need, as there are [established rulings] about renting out land.
The main thing that causes pain to our heart is that in certainty, the mitzva of Shemitta is being uprooted and not fulfilled. This is what happened [regarding the forgiveness of loans, which is one element of the laws of Shemitta] by means of the pruzbol (a document that enables creditors to demand payment for loans that normally would be cancelled by Shemitta). This halachic device did not create a new Torah-level law, and the [regrettable element of the need for its use] is that we do not want people to learn to obviate mitzvot (see Tosafot, Gittin 36a). So too here, what is upsetting is that we need to teach the nation to uproot the mitzva of Shemitta. After all, our ongoing obligation is to maintain that which is unique in our nation and teach our people to obligate themselves in mitzvot, including those for which one can find an exemption, like tzitzit and tithes, which are not required if one brought the produce into the house abnormally.
Therefore, I am ready to stand by your side and work together, including by going on long journeys, e.g., to Paris or similar places. Maybe Hashem will have mercy on us so that we may secure at least significant help for a large portion of our dear brothers, who desire with all their hearts and souls to fulfill the mitzva without any uprooting. If we will succeed in that which Hashem desires, this would greatly sanctify Hashem’s Name with His powerful help. This would strengthen the position of those who fear Hashem and obey His commands.
We just must do everything with peace, honor, and love, for His blessed name, for the Holy Land, and for those who inhabit it and work its land. It cannot be done with threats, strange warnings, screaming, and quarreling. Rather, we simply need to say that the heter mechira is necessary due to extremely great need, but that even under pressing circumstances, it obviates a mitzva. The dear and holy mitzva, which we merited to have the opportunity to fulfill in the Holy Land, with Hashem’s help, after a long and bitter exile, would be missing for us. Therefore, we want to help many people be obligated in it and fulfill it without any questions.
By taking the small initiative in this matter, we will be able to trust in Hashem, Who had His presence dwell on His holy mountain. May this awaken a lofty blessing, and cause the openings of redemption and salvation for the Holy Land and Hashem’s nation, who are waiting for His salvation. May the End of Days draw close and reveal the bearer of tidings of peace, as this upcoming Shemitta year concludes. “The time for His mercy has already come.” I await your response at the earliest possible time.
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