by Rabbi Aharon Haskel

Picture above: This artichoke field is harvested by the Otzar Bais Din. At right is the farmer; at left is an Otzar Bais Din representative.

Imagine that every seven years you took a year off from work or from the business you run. Not only do you stop looking for new customers, but you stop servicing your old ones. The notion is hard to fathom, and yet thousands of Israeli farmers are doing precisely that in this Shemittah — Sabbatical — year. They are intent on fulfilling the Torah’s desire that “the land will rest a Sabbath for the L-rd” (Leviticus 25:2).

As long as the Holy Temple stood, the obligation to keep Shemittah was Biblical in nature. In the absence of the Temple, the commonly accepted view is that Shemittah is kept as a Rabbinic law. The Shemittah issue is significant for Israelis, of course, but also for individuals traveling to Israel or wondering whether to purchase Israeli produce this year. Shemittah will continue to have ramifications next year, especially during Sukkos, when esrogim (citrons) from Israel are used around the world. The OK recently began full-time operation in Israel, and its impact upon our companies in the Holy Land has been profound.

The rules that govern Shemittah are complicated. Basically, a Jew cannot act as the owner of his own land. He cannot plant or harvest or perform other acts that improve the land. He can eat of his own produce, but he cannot sell it on the market.

For almost two thousand years, the laws of Shemittah had little practical application, since only a small number of Jews lived in the Holy Land. With the onset of the First Aliyah in the late 18th century, Jews returning to their homeland were faced with a dilemma. For the most part they constituted a very poor community, desiring to keep Shemittah yet concerned lest a year without farming would trigger economic disaster.

Several leading rabbis, among them Rabbi Yitzchak Elchanan Spektor, zt’l, the Kovno Rav, permitted these farmers to sell their land to non-Jews for the duration of the Shemittah (see sidebar, page 17, for more details). In the Shemittah year 5671 (1910-1911), Chief Rabbi Avraham Yitzchak Kook, zt’l, confirmed the viability of this heter mechirah (permission to sell), thereby sanctioning activities that were otherwise Rabbinically proscribed, such as weeding and hoeing. He maintained that Biblically proscribed work such as plowing, planting, and harvesting were not permitted even with the heter mechirah. He also insisted that the procedure be reviewed at each Sabbatical year to determine if it was still necessary.

Detached plants are not subject to the Shemittah laws. The pot bottoms must be entirely sealed so that the plants do not receive nourishment from the ground. A special mechanism is employed to water the plants.

The heter was opposed by such sages as the saintly Rabbi Avraham Yeshaya Karelitz (the Chazon Ish) and Rabbi Yehoshua Leib Diskin, zt’l. Nonetheless, it gained wide popularity, and it is relied upon until today by the religious kibbutz movement, by the students of Rabbi Kook, and by much of the religious Zionist community. Yet reluctance to rely upon the heter has led to the embrace of the Sabbatical restrictions by more and more farmers and citizens.

The past four Sabbatical years have witnessed a spectacular increase in the number of farmers observing Shemittah l’chumra, that is, without resort to leniencies such as the heter mechirah. Approximately 2,600 farmers are keeping Shemittah this year, with over 130,000 dunams (29,000 acres) of land lying fallow. These farmers are entirely divorced from farming for the year, with the exception of the minor upkeep that is permitted by halachah.

An additional 210 farmers observe Shemittah by entrusting their produce to the Otzar Bais Din (see sidebar). The Otzar Bais Din sells the produce in special stores. Consumers can buy from these stores with confidence that Shemittah has been kept. There are some who do not rely upon the Otzar either, and will eat only produce grown on Arab land or imported from other countries.

Some farmers grow produce on water rather than soil. This method, called hydroponics, is permitted in Shemittah. Other farmers plant in soil that is disconnected from the ground. These plantings are watered by a special mechanism, a system that was approved by the Chazon Ish.

The current Shemittah has seen two notable changes. First, in previous Shemittah years, stores that sold Shemittah fruit (that is, non-heter mechirah produce) were found only in chareidi areas such as Bnei Brak or Jerusalem. This year, these stores are spread around the country, even in cities with a limited chareidi population, such as Tel Aviv, Netanya, Modiin, and Tiberias.

Second, in previous shemittos, the cost of produce skyrocketed. While certain vegetables did rise in price at the beginning of the current Shemittah, prices quickly fell. Today the cost of Shemittah produce is equivalent to the market price for non-Shemittah produce, a welcome development for families struggling to keep the mitzvah.

What do the idle farmers do with their time this year? Many enroll in special kollelim for the year, spending the time in Torah study to recharge their spiritual batteries. Others pursue non-farming economic opportunities for the year.

The Keren HaShviis is a foundation that was established to help farmers financially navigate this difficult year. The Keren HaShviis, which is funded by donations, assists most of the idle farmers, paying them 100 shekels (approximately twenty-four dollars) per dunam of land. About twelve percent of Israel’s idle farmers receive monetary aid from the government during Shemittah.

Some produce is obtained from Arab farmers in the Palestinian Authority. Here rabbis who verify Shemittah compliance are accompanied by PA soldiers on a visit to Arab-owned fields.

Shemittah and the Intifada

The Land of Israel promised by G-d to the Jews incorporates an area far larger than the present State of Israel. However, the laws of Shemittah apply only to areas that were under Jewish control during the Second Temple era. The Gaza Strip is not among those areas. Therefore, Jewish farmers in Gaza continue to work their lands during Shemittah, and this is a viable source for fruit and vegetables. Additionally, produce may be purchased from farms owned by non-Jews, many of whom live in Gaza, Judea, and Samaria, as well as in neighboring Jordan.

To prepare for Shemittah, agreements were struck with Arab landowners in these areas. The legwork for this project was enormous, beginning two years prior to the onset of Shemittah last Rosh Hashanah. The Intifada, launched on erev Rosh Hashanah, rendered most of these efforts worthless. Some two years of work went down the drain in twenty-four hours, as contracts were canceled.

While no one can know the Divine will, suffice it to say that the hand of G-d was surely evident here. As we say in our prayers, “There are many thoughts in the heart of man, but the counsel of G-d will prevail.” While man makes his best effort, G-d has the final word.

On a more positive note, there was an astonishing upswing in the olive yield last year, the sixth year of the Shemittah cycle. Israel’s Olive Council reported an 800% larger crop than the previous year’s yield. As the Torah says, in the merit of the desire to keep Shemittah, “I will command My blessing for you in the sixth year, and [the land] will produce wheat for three years” (Leviticus 25:21).

The OK and Shemittah

The OK Labs does not rely upon any leniencies regarding the Shemittah year. The OK does not certify any products harvested using the heter mechirah or by the Otzar Bais Din. By no means is this a denigration of other views; it is, rather, part of our goal to appeal to the broadest number of consumers. We do not use Otzar Bais Din produce because halachically it cannot be exported.

Our expanding presence in Israel led to an expanded challenge: how to assure that our manufacturers would have sufficient stock of pre-Shemittah produce to last through this year. One problem concerned fruit fillings for cakes and pies. In the months before Rosh Hashanah, we stored vast quantities of fruits commonly used as fillings, such as strawberries and apples, so that there would be no shortage this year. We set up a storehouse to house these sixth-year products during Shemittah. We also contracted with a Belgian company to supply our manufacturers with fruit preserves.

Among our other endeavors, the OK supervises canned cucumbers and olives in Kvutzat Yavne. This kibbutz was blessed with a robust crop last year, resulting in an adequate supply this year.

We also certify the Barkan Winery in the town of Barkan, which is in Samaria, and in Rechovot. Of course, one cannot harvest grapes during Shemittah. However, the final pre-Shemittah harvest produced an exceptional vintage, both in quality and quantity. Here too we saw the fulfillment of the Biblical promise concerning the sixth year. The wine is stored in a cellar and gradually transferred to bottles.

Many Israelis purchase fruits only at special Otzar Bais Din stores. Rabbi Aharon Haskel (left) and an Otzar Bais Din representative visit one of these special stores.

Along with the wine made from grapes that were harvested last year, Barkan is making wine using grapes harvested this year by the Otzar Bais Din. However, as noted before, the OK is unable to certify this wine, since it is exported, and halachah does not permit the export of Shemittah-year produce.

The OK has an ongoing presence in the facilities under our supervision, continually inspecting to make sure that only non-Shemittah produce is used. Again, we do not use fruit from fields that rely upon the heter mechirah or that were harvested by the Otzar Bais Din.

In summation, all OK-certified products either were harvested in the sixth year or come from non-Jewish sources in Jordan, the Gaza Strip, or Judea and Samaria, or have been imported from abroad.

The year of Shemittah is, in its ideal, not meant as a burden, but as a means for farmers to concentrate on spiritual affairs. Forced by halachah to remain idle, farmers can spend time studying Torah and doing good works. Today much effort is focused on how to avoid transgressing the Sabbatical laws. Let us remember that there is a very positive aspect to Shemittah: taking a break from life’s economic roller coaster to appreciate the great world that G-d has given us.

Rabbi Aharon Haskel has many years of experience working in kashrus in Israel, and is the Israel Representative of the OK Labs.

To Eat or Not to Eat?

There are a host of issues that confront the consumer who wishes to observe Shemittah properly. Among these issues: