Thursday, June 26, 2008

On The Conversion Issue in Eretz Yisroel


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On The Conversion Issue in Eretz Yisroel

Rabboisai,

I would like to share with you a few thoughts as we march towards a historic confrontation with Amalek…err…celebrate the wonderful chumras put on the notion of gayruss, conversion, by our brilliant and insightfully myopic Gedoilei HaDor.

As we all know, the Rabbinical courts in Eretz Yisroel have retroactively cancelled the conversions of hundreds of people who adopted Yiddishkeit over the last 20 years. This impacts not only the converts themselves, but their spouses, children, children’s’ spouses, grandchildren, etc. – literally thousands of people. Baruch Hashem! It was getting so crowded at the mikvah that I was forced to wait until 11:00 pm for my Bashert, Feigeh Breineh, to come home from the mikvah so I could put my carrot in the tzimmis, if you know what I mean.

This topic has been widely covered by the Israeli and Jewish media, has been the buzz of all the blogs, and has been featured on my favorite adult websites, alongside the “fetish of the month”.

In recent weeks, several people have asked me, “Reb Pinky, how should a Ben Toirah think about the conversion issue? Shouldn’t we embrace all people who want to adopt Ol Malchus Shamayim, or at least collect their application fees? Why wouldn’t we want to have more Jews in the world? This is a critical shailah that has trouble Chazal over the centuries, including RASHI, RAMBAN, the Maharal MiPrague, the Vilna Goyn, and Karl Marx.

The simple answer, of course, was given long ago by Reb Hai Goyn in very clear and simple terms. According to Reb Hai, quote, “The Reboinoisheloilum hates converts. What would happen if the whole world converted? We would have no Goyim to exploit…err… to educate about the loving ways of the Aimishteh.”

The RAMBAM holds farkhert, that we can accept converts, but only in a limited capacity. Says the RAMBAM, “I was walking past a Catholic Church in Cairo the other day, and they offered me a free toaster to recognize their (Messiah). The next day I was walking past a Mosque, and they offered me a free color television if I would embrace Allah. But we Jews are different! We are the Chosen People. We don’t give sign on bonuses. However, we do offer discounts in our gift shop.”

It is only the rare Rabbi who fully embraces the notion of conversion. In the previous century, Rabbi Rob Goldman of the Hebrew Union College came out with a definitive, positive statement on the issue. “The Almighty is open to all who seek Her. She is accepting of those who were born into our faith, but She particularly loves those who embraced the Hebrew faith on their own, such as my wife Bambi.”

So, it should come as no shock that the wise Rabbinic elders in Eretz Yisroel are trying to manage the inflation of Klal Yisroel’s ranks. According to Rabbi Avraham Sherman from the Ashdod Regional Rabbinical Council, “We suffer from too many Jews in our midst already who engage in practices that stand fully in contrast with the true Toirah Derech. Secular Jews who eat pork. Traditional Jews who drive on Shabbos Koidesh. Modern Orthodox Jews who actually work for a living. These so-called-Jews are ruining things for the rest of us!”

But it’s not what the Rabbinic elders want that matters of course. It is the will of Hakkadoshboruchhu. As He sits on His heavenly throne, He looks down and awaits our returning to the perfection of Har Sinai. Think about it: All of Klal Yisroel stood around the mountain and said in unison, “Na’aseh V’Nishmah”, “we will do and we will listen”. And as we know, it was not just that generation of Am Yisroel who stood there at Sinai, but the souls of every Jew. So I ask you: If your soul was not there, standing at Har Sinai, why should you be allowed to become a member of Klal Yisroel? Next thing, you’ll declare that you were at Woodstock, even though you were only born in 1982! What kind of mechutziff are you?

And even if we were to allow the occasional convert, we must enforce a strict screening process. After all – who in their right mind would want to become a Jew? Do you want to stop eating shellfish? Do you want to stop watching TV on Shabbos? Do you want to stop wearing Shatnez? Do you want to stop being mezaneh with every one you meet? Being a Jew is hard! Let’s face it: If someone wants to voluntarily become a Jew, we probably don’t want any of his DNA in our gene pool anyway. Nothing personal.

So what should a Shaygitz… err … gentile to do if he REALLY wants to convert? Here are a few suggested practical steps:

-- Machmir versus Meykel. Seek a religious authority who is Machmir. I must admit, I have not always abided by that sound piece of advice. In fact, many years ago, when I was a young man, I used to always seek out the girls who were Meykel. I would ask certain questions of the girl, and especially of my acquaintances, and if she were rumored to be Meykel, I would meet with her to try to get a quick psak, usually in the back of my father’s station wagon.

-- Education is key. Success as a member of the Bnei Yisroel involves awareness of all of our structures. It is for this reason that we all make tremendous sacrifices to educate our children. (Incidentally, I am currently working with a number of members of the Jewish community to create a school that takes advantage of available funds that will significantly supplement our steep Yeshiva Tuition bills. Specifically, we are working with the Catholic Archdiocese to leverage Church funds to heavily subsidize Jewish education. Beginning next fall, we expect to open our first boys school, “St. Moishe’s School for the Messianically Challenged”. And, if we stay on plan, the following fall we will open up our girls school, “Our Lady Queen of Shaytels”.)

-- Embrace Toirah with all your heart and all your soul and all your might. Yiddishkeit is not just a set of beliefs; it is a way of life, a lifestyle. One way to successfully embrace our lifestyle is to emulate the actions of our great elders. One should be like RASHI, who encouraged his daughters to wear Tfillin, like the Chofetz Chaim, who always traveled with a packed suitcase in constant preparation for the Moshiach, or like the Alter Skverer Ruv, who was arrested one Shabbos for fondling the Toirah instead of just kissing it.

Finally, one other aspect of the recent conversion issue requires comment: This is the notion that a Halachic decision can be retroactively revoked. Is this indeed possible?

I am reminded of a famous Braisah in which we are told that Rabbi Akiva ascended to the heavens along with Ben Azai, Ben Zoma, and Acher. This ascent, as understood by RASHI and others, was a mystical, meditative journey to sit at the foot of the throne of the Reboinoisheloilum. When, after many hours on their journey, they passed through the seventh level of heaven, they reached the gates of the Amishteh’s castle. But on the front gate was a sign which read, “No Jews Allowed”. Shocked and dismayed, they found a security guard walking the grounds. Rabbi Akiva asked him, “Excuse me, but we have travelled from Eretz Yisroel, through the seven levels of heaven. How come we are not allowed in to see Hakadoshboruchhu?”

The security guard paused for a moment, checked his clipboard, and then responded, “Oh, sorry. You are no longer welcome. Didn’t you get the memo? The Reboinoisheloilum has a New Covenant now, and they don’t accept Yids. It’s coming out in paperback soon, and it’s a great read. Now beat it before I call a cop.”

So, indeed, if the Aimishteh can change His mind on His everlasting covenant, so too can the Rabbinical Courts revoke Halachic rulings. And if you don’t like it, you minuval, you can always go and choose another religion. I hear that this month the Buddhists are giving away free I-Pods to all new members.

Ah Gutten Shabbos, You Minuval

Thursday, June 19, 2008

Parshas Shlach


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Parshas Shlach

This week's parsha, Shlach Lecha, is one of the most confusing parshiyois in Kol Hatoirah Kooloh. Takkah, I had to read it three times to make sure it wasn't the latest issue of the National Enquirer. Or even worse, a medrish.

Moishe Rabbeinu sends twelve spies into Eretz Yisroel to determine the fertility of the land, the vulnerability of the local populations, and the volatility of interest rates. The Meraglim come back and claim at first that the land is fertile, but the locals are too intimidating. They later change their story to say that the land itself does not provide adequate sustenance. Why can't they make up their minds, those mishagayim? Only Yehoshua and Culayv are optimistic about Klal Yisroel’s ability to conquer the land.

Confusing point #1: What could these people have been thinking? I mean, why would Yehoshua and Culayv be interested in Eretz Yisroel? How about Madagascar? What about Miami Beach? Or Brooklyn?

Also, as the spies were surveying the Promised Land, why didn't the Meraglim note that the hotels are overpriced; the people are rude; it's hard to find a decent kosher meal in Tel Aviv; oh, and HALF THE POPULATION WANTS TO KILL YOU!!!!

Takkah, according to a medrish in Divrei Hayamim Rabbah, the Meraglim never even made it into the heartland. Unbeknown to Moishe Rabbeinu and the Bnei Yisroel, the spies secretly went down to Eilat and spent seven days on the beach ogling at the topless Scandinavian women.

Confusing point #2: When Klal Yisroel, those bahaimas, panicked and longed to return to Egypt, the Reboinoisheloilum decides to kill them all. Moishe Rabbeinu pleads for their lives by using a somewhat surprising argument: (Bamidbar, Perek Yud Daled, Possuk Tess Vuv-Tess Zayin) “... if you (the Aimishteh) shall destroy this People in a single instance, the nations (of the world) which have heard of you will say, 'The Aimishteh slaughtered this People in the desert because He was unable to bring them into the Land which he swore to them...'"

In other words, "What will the Goyim say?" What will the Goyim say?!!! Who does Moishe think he is -- Ehud Olmert or Simon Peres? Since when does Moishe Rabbeinu worry about the Goyim? Since when does any Jew worry about the opinions of the Goyim, those anti-Semites? Why, as is well known, in the world to come, the GOOD Goyim will walk around all day holding onto my tzitzis. And the BAD Goyim are going to be my "bitches", since, according to the Ari Zahl, when Moshiach comes there will no longer be a prohibition of Mishkav Zachar (homosexuality).

No wonder Moishe was never let into Eretz Yisroel! If he likes the Goyim so much, he should learn to play golf and shave with a blade.

The RAIVID, when looking at this episode, suggests that Moishe was secretly trying to anger Hakkadoshboruchhu in order to be released from his contract. The Mesopotamians were offering him 50% more per year to be their leader, four weeks of vacation, plus unlimited use of the corporate magic carpet.

However, the RAMBAN holds that Moisheh made the defensive argument in earnest. And, remarkably, the Aimishteh ultimately relented and did not destroy Klal Yisroel (though He did raise management fees by 50 basis points).

What is going on here? I am reminded of a famous story in Gemarrah Yevumois about Rabbi Tarfun. Once, at the end of a three day yuntif, Rabbi Tarfun went to put out the last of his garbage bags. However, he found that all the garbage cans outside of his house were full. He was about to put the bags into the cans of his gentile neighbors, when his wife stopped him, and insisted that he get permission first. "Why?" he asked her, as she painted the toe nails of their thirteen daughters.

She responded, "you never know when you are going to need a gentile's help." And it came to pass that three weeks later, as he tried to assemble his children’s' new swing set, the gentile next door was the only person in the entire neighborhood who knew how to change the head of a socket wrench.

This theme is also addressed in a famous story in the Zoihar. Rabbi Shimon Bar Yochai was sitting in the cave where he hid from the Romans for 14 years. After spending an afternoon meditating, Rabbi Shimon fell asleep. Using his deep Kabalistic knowledge and the pureness of his soul, he summoned the presence of the Reboinoisheloilum. "What do you want, Reb Shimon? I'm on another call," Hakkadoshboruchhu asked.

"Aimishteh," Rabbi Shimon responded, "I am getting tired of living in this filthy cave. Can you please take me away from all this suffering, and reward me with land and wealth and lots of spare time for Toirah and day trading? Why do the Goyim have it so good, while I, one of your chosen few, continue to struggle?"

The Reboinoisheloilum paused for a moment, and then responded in a low monotonous tone that was little above a whisper. "Reb Shimon, how many people in the world are there?" He asked.

"Why, about six billion" Rabbi Shimon slowly responded.

Hakkadoshboruchhu continued. "And how many Jews are there in the world?"

Again, Rabbi Shimon answered, this time quickly, and with more confidence in his voice. "I would guess about twenty million."

The Aimishteh then raised His voice. "So do you think that in a world of six billion people, all reality revolves around the actions and the fate of 20 million people, three tenths of one percent of the global population? What kind of crack are you smoking in that cave, you michutziff??"

So the truth is, the non-Jewish world and world opinion do matter. This may not make sense to you, you amhaaretz, but neither does shatnez or yeshiva tuition.

It also doesn't make sense that after witnessing all the miracles of the exodus from Egypt, the ten plagues, the crossing of the Red Sea, and receiving the Toirah, Klal Yisroels continue to rebel against the Reboinoisheloilum at every turn. But they should get over it already, and so should you.

Life doesn't make sense. And if you don't like it, you can always quit the religion and convert to Catholicism. There are a lot more of them.

Also I hear the tuition is cheaper. Plus you are likely to make a little extra cash when the Church pays you off after abusing your children.

Ah Gutten Shabbos You Minuval

Thursday, June 05, 2008

Shavuois Drasha

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Shavuois Drasha

On this holiday, the yuntif of Shavuois, we celebrate two things: the giving of the Toirah by the Aimishteh, and lactose intolerance.

Why do we stay up all night to learn Toirah -- also known as Tikkun Layl Shavuois? According to RASHI , we do this to commemorate the fact that Klal Yisroel stood earnestly at the bottom of Har Sinai as Moishe Rabeinu met the Reboinoisheloilum face to face at the top of the mountain, and all that could be heard were bolts of lightling, claps of thunder, the rustle of the wind, and the sounds of concessioners looking to make a buck: "Hot dogs, get your kosher hot dogs!" "Get your program -- Mattan Toirah commerative program!" "Bring home a stuffed Toirah to you kids! One of a kind! They'll never be available again!"

But according to the Bais Yoiseph, Shavuois is essentially a test of Klal Yisroel's commitment to Toirah values. And to celebrate this, we stay up all night to cram for the test.

And as you stay up all night, you had better pay attention. A braisah in Bubba Basra tells a story of the Tannah Kamma, who was learning all night in the bais medrish with his students. Suddenly, one of the talmidim pointed out the window and said, "Look -- it is light outside. It is time to recite the Keriyas Shma!" The Tannah Kammah, with a very serious look on his face, rushed over to the window where his student was standing, grabbed him by the ear, and twisted it until it started to bleed. "Stop looking out the window during my shiur, you schmendrick!" the Tannah Kamma declared. He then forced the student to recite Pesukai Dezimrah in front of the congregation for a week.

The RADAK has a beautiful interpretation of Tikkun Layl Shavuois, which takes a completely different approach. According to the RADAK, Shavuois night gives us the opportunity to initiate an extramarital affair, continue it over the summer while your family is away in the bungalow colony, and break it off just in time to repent on Rosh Hashana.

As proof, the RADAK cites a medrish in the Medrish Tanchumah that tells how Rabbi Akiva used to "visit" the wives of his talmidim at their homes on Shavuois night, while the talmidim were up all night listening to a shiur delivered by his assistant rabbi on exactly which shoe to put on first every morning.

But what does all of this have to do with eating dairy? In a gemarrah in Maseches Soitah, Abaya suggests that we eat dairy lehachis, because it is almost summer and the goyim have all started to barbecue in their backyards and WE DO NOT ACT LIKE THE GOYIM!!!

Rava disagrees. He suggests that we eat dairy to commemorate the miracle of Yehudis killing an enemy general by seducing him, giving him salty cheese to make him thirsty, getting him drunk, and then cutting his head off. (On this itself there is a disagreement of interpretation. RASHI holds that the general was killed because he was an enemy of the Jews; but TOISFOIS holds that Yehudis killed him because he left her "unsatisfied" at the end of their encounter, if you know what I mean. Rachmanah letzlan.)

But according to the Brisker Ruv, there is actually a direct correlation between the receiving of the Toirah at Har Sinai and our preference for dairy on the holiday. 3500 years ago our ancestors longingly stood at Har Sinai, as Moisheh ascended the mountain to receive the Toirah from the Reboinoisheloilum. As the time whiled away and Moisheh did not return, the Jews began to panic. To help resolve the crisis, Moishe's minuval brother, Aron Hacoihain, demonstrated his loyalty by inciting Klal Yisroel to worship the Eigel. In other words, just as they were receiving the Toirah, the Jews were immediately rejecting it.

Was it that they were inherently evil? Was it that they didn't understand its significance? Was it that they were ungrateful, "stiff-necked" good-for-nothings like you, you amhaaretz? No! They really wanted the Torah, but they found it too much to handle. Indeed, they craved it, looked forward to it, and viewed it as the capstone, the "dessert" if you will, of Yetzias Mitzrayim, the exodus from Egypt. But, alas, they found it difficult to digest. Sadly, this is how many of us are with dairy products. And therefore, to commemorate our experiences at Mattan Toirah, we eat blintzes, cheescake, and all things dairy.

But we should look at this as a blessing, not a curse. After all, if we eat some nice, light dairy meals, along with a small salad, we might lose a couple of pounds, which will put us in a better position to keep up that affair all summer long.

Ah Gutten Yuntif You Minuval

On The Mitzvah of Shmita

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On The Mitzvah of Shmita


Rabboisai,

This, week, I respond to a Talmid in Eretz Yisroel who strives to shed light on one of the key Halachic Inyunim of the day.

Tzioyn writes:

Rebbe - I saw this beautiful woman on the beach in Tel Aviv. I engaged her in a conversation about Torah subjects, and the topic of Shmita arose.

The woman was wearing a new cotton Gottex bikini, and since Gottex uses natural Israeli fibers, the material probably came from cotton grown with Kedushas Ha’aretz and therefore should not be used. I pleaded with her to take off her bikini, but she preferred to violate the laws of Shmita.

Rebbe, can you please validate my position on this topic so I can get a little action?

Your talmid

Zion in Tel Aviv

Reb Tzioyn, thank you for your brilliant and meaningful question that promises to shed light upon the dark, provide sustenance to the hungry, give drink to the thirsty, and display cleavage to the lustful.

Indeed, your shailah raises so many critical Halachic questions, I do not know where to start:
-- Shall I focus on the topic of Shmita, about which you are clearly an ignoramus?
-- Shall I address the notion of how to integrate Halacha with the modern world, you behaimah?
-- Or shall I contemplate why you are on the beach in Tel Aviv, while the rest of us are off studying Toirah or selling life insurance, you mechutziff?

Before I answer your question, there is something I would like to share with you: As I sit and write this Teshuvah, I am currently snacking on an apple. However, this is not just any apple from some Kibbutz run by pig eating Socialists, or even worse, hairy Communist rabbis. This apple was imported from a farm in Antarctica owned by a gentile, to avoid being oiver on the issur of eating Shviis, violating the laws of Shmita. Just to be on the safe side, the shaygitz also symbolically sold his land to a different goy. In addition, the farm was leased by the local Bais Din, and the farmer is being treated as a schlepper, being symbolically compensated at minimum wage to work his own land. In addition, once I finish eating the apple, I plan to stick my finger down my throat to force myself to puke. The apple, by the way, cost me $400.

All in all, it is a worthy price to pay in order to keep such a critical mitzvah.

Yes, Shmita is a core mitzvah that we must all go to great lengths to observe. It is a Mitzvah that has been practiced by Klal Yisroel since the days of Bayis Rishoyn and the kingdom of Shloimoi HaMelech, and our lives have certainly not changed much since then. It is troubling that many vilda chayas like you would find the topic of Shmita an opportunity for laytzonis. It is because of people like you that there is Sin’as Chinum, that the Bais HaMikdash was destroyed, and that the stock market is going down.

As we all know, the Toirah commands us to observe Shmita, a sabbatical year, when we are required to let the land lie fallow – we do not work the land, and we do not plant for the coming year. In addition, we are commanded to forgive all debts that were issued over the previous six years.

In a Mishnah in Shviis, there is a famous machloikess between Rebbe Yehoishua and Rebbe Yoichanan, two Tanaim who lived in late Second Temple times. According to Rebbe Yehoishua, Shmita produce should never be eaten, under any circumstances. He brings as proof a Gezairah Shavah -- the fact that the Toirah uses similar language for both Shmita and Yoim Kippur. Both are referred to as “Shabbas Shabbasoin”. Rebbe Yehoishua makes the link, stating, “just as one is required to starve all day on Yoim Kippur, one is required to starve all year of Shmita”. Adds Rebbe Yehoishua, Shmita is the Toirah’s natural diet plan. He even published the book “The Rebbe Yehoishua Diet Plan”, available wherever quality paperbacks are sold.

However, Rebbe Yoichanan holds farkhert. The Reboinoisheloilum wants us to give the land a rest, but certainly does not want us to suffer as a result. Consequently, we are sanctioned by Halacha to pick up the produce that has fallen on the ground, and to make the rest Hefker, available without charge to one’s friends, neighbors and the poor. However, Rebbe Yoichanan points out that you are still allowed to put some rules in place around the gathering of the produce, For examples, a landowner is allowed to insist that only hot, large breasted women with low cut dresses pick up the produce by bending forward, to remind the landowner that the Ikkar Mitzvah of Shmita is to express our faith in Hakadoshboruchhu that he will provide plentiful fertility and bountiful sustenance to all of Eretz Yisroel, “A Land Flowing with Milk and…”.

Even back in the time of the Mishnah, however, the basic notion of Shmita was not without its controversy. Rabban Shimoin Ben Gamliel insisted that Shmita no longer applied, and was to be replaced by taxes paid directly to the Nasi of Eretz Yisroel, made out to the “RASHBAG Discretionary Fund” or to cash. And Rabbi Tarfon insisted that Shmita be practiced by all married men in Klal Yisroel, whether or not they were land owners, by offering aging, white bearded rabbis with silly names the opportunity to sleep with their wives once every seven years.

After the destruction of the Bais Hamikdash and the emerging pre-eminence of the leadership of the Jewish community in Bavel, Chazal were confronted by a new set of questions: Does Shmita still apply? Should it also be relevant outside of Eretz Yisroel? What new strictures were required?

According to Rish Lakish, Shmita still applied, and was also incumbent upon people living outside of Eretz Yisroel. However, due to the challenge of dating the actual start of Shmita, in Chutz La’Aretz one was required to observe Shmita for two years instead of one. On this, RASHI points out that Rish Lakish was known throughout all of Babylon for having six anorexic daughters, and a wife who was willing to be mezaneh with even the filthiest of strangers in exchange for a piece of three month old kichel.

However, according to Rabbi Chiyah bar Abba, Shmita was no longer Dioraisa, a Biblical requirement, but was a DeRabbanan. In addition, it was only to be observed in Eretz Yisroel. As well, according to the RASHBA, Shmita is applicable only in areas where Klal Yisroel held territory during the Second Temple. Consequently, areas such as the Arava Valley and Eilat are not subject to the laws of Shmita. These areas are also exempt from kosher laws in general, and one may eat pork and shellfish there, especially Bain Hashmushois.

Of course, in our day, there is a raging dispute about how to apply the laws of Shmita in a modern state. The debate is between the followers of Rabbi Yitzchak Elchanan Spektor and HaRav Avraham Yitzchak Yankif Kook on one side, who hold that you can symbolically sell the land of Israel to a gentile, the so-called Heter Mechira, and between the followers of the Chazoin Ish, who oppose the Heter Mechira on principle.

Historically, Heter Mechira was the policy of the state, but with the Rabbanut’s slide into complete moral corruption… err… with the increasing trend towards Halachic stricture, there has been growing opposition to the Heter in ultra-Orthodox circles. Thankfully, there are a few other Halachically sanctioned options:

-- Oitzer Bais Din Option – A farmer may lease his farm to the Bais Din, a body that is immune to the requirements of Shmita. The Bais Din pays the farmer a minimal wage to work his own land after charging him a processing fee, and also charges the marketing, distribution and retail agents extra fees for their participation in the gevaldikka exploitation… err… innovation of Toirah requirements. The consumers of course pay four times as much for each item, which they are happy to do, you Am Ha’aretz, while the Bais Dins use their new found revenue to go on underage Tashmish HaMitah tours in Thailand.

-- Buying from a Gentile/ Importing Produce Option – According to most Halachic authorities, Goyim are not required to observe Shmita in Eretz Yisroel. And certainly, gentiles in Chutz La’Aretz are exempt. So what better way to celebrate Kidushas Ha’aretz than by buying produce from the Palestinians and the French. It’s Takkeh a Kiddush Hashem!

-- Tzedakah Option – Every option outside of Heter Mechira is bound to raise prices for the tax paying citizens… ummm… tax-exempt Yiddisheh residents of Eretz Yisroel. But thankfully, there is an extensive network set up to collect Tzedakah from all of Klal Yisroel to support the great works and sacrifices of our Gedoilei HaDor and their followers in Eretz Yisroel. The people in Brooklyn, Queens, Los Angeles, London, and Brussels are more than happy to increase their contributions, so that our brethren in Bnei Brak and Jerusalem can buy a cantaloupe grown by Shiite pygmies in Saudi Arabia for forty dollars. In fact, Rav Eliyushiv himself has declared that all Jews should have pushkas raising money for this cause installed in their bathrooms to guarantee long life and healthy bowel movements.

-- The Carlebach Option – This option stems back to the First Bais HaMikdash. Farmers are allowed to grow extra organic items, preserve them, and store them for the coming year. In addition to refrigeration, this method relies on freeze drying and smoking. The option is named after the late Rabbi Shloimoi Carlebach who, along with his followers, used to grow a double amount of his special herbs the year before Shmita, and store them in a safe place far away from sunlight, moisture, and the legal authorities.

-- The Kfar Chassidim Option – One innovative approach that has been suggested is that instead of selling its land, Eretz Yisroel should sell the ultra-Orthodox for the year. However, the representatives of the Goyisha governments have refused to comply because they are afraid that Israel won’t want to take the ultra-Orthodox back at the end of the year. In addition, the prospect of having the ultra-Orthodox disappear for a year threatens to bring the government down, since the government would not know how to manage the resulting budget surplus.

-- The Annapolis Option – One interesting option being explored is a political option, based on the majority position that holds that land owned by gentiles is not subject to Shmita. Just as a little land in the hands of the Goyim can yield edible produce exempt from Shviis, Kal V’Choimer, a lot of land in the hands of the Goyim will yield even more acceptable produce. This, of course, is different from the Hamas Option, which suggests that all the land should be in the hands of the Goyim, and the Ann Coulter Option, which suggests that we should all be Goyim.

In any case, Koolay Alma Loi Pligi, everybody agrees – that at the end of the year we will celebrate the conclusion of Shmita with the wonderful mitzvah of Hakhel. In this Mitzvah, the political leader of Klal Yisroel gets up and reads from the Toirah, a tradition that dates back to Shloimoi HaMelech himself (who found the time to engage in the Mitzvah despite his 700 wives and 300 concubines). Indeed, at the end of the last Shmita, the Nasi, President Moishe Katzav, read from the Toirah. Afterwards, he blew the shoifar. And immediately at the end of the ceremony, he went back to his official residence and got bl…errr… received Metzitza BiPeh from three members of his household staff. Which goes to show that things haven’t changed all that much from the time of Shloimoi HaMelech after all.

Ah Gutten Shabbos und Ah Freilichen Yuntif, You Minuval

Rabbi Pinky Schmeckelstein
Rosheshiva
Yeshiva Chipas Emmess

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On The Mitzvah of Shmita


Rabboisai,

This, week, I respond to a Talmid in Eretz Yisroel who strives to shed light on one of the key Halachic Inyunim of the day.

Tzioyn writes:

Rebbe - I saw this beautiful woman on the beach in Tel Aviv. I engaged her in a conversation about Torah subjects, and the topic of Shmita arose.

The woman was wearing a new cotton Gottex bikini, and since Gottex uses natural Israeli fibers, the material probably came from cotton grown with Kedushas Ha’aretz and therefore should not be used. I pleaded with her to take off her bikini, but she preferred to violate the laws of Shmita.

Rebbe, can you please validate my position on this topic so I can get a little action?

Your talmid

Zion in Tel Aviv

Reb Tzioyn, thank you for your brilliant and meaningful question that promises to shed light upon the dark, provide sustenance to the hungry, give drink to the thirsty, and display cleavage to the lustful.

Indeed, your shailah raises so many critical Halachic questions, I do not know where to start:
-- Shall I focus on the topic of Shmita, about which you are clearly an ignoramus?
-- Shall I address the notion of how to integrate Halacha with the modern world, you behaimah?
-- Or shall I contemplate why you are on the beach in Tel Aviv, while the rest of us are off studying Toirah or selling life insurance, you mechutziff?

Before I answer your question, there is something I would like to share with you: As I sit and write this Teshuvah, I am currently snacking on an apple. However, this is not just any apple from some Kibbutz run by pig eating Socialists, or even worse, hairy Communist rabbis. This apple was imported from a farm in Antarctica owned by a gentile, to avoid being oiver on the issur of eating Shviis, violating the laws of Shmita. Just to be on the safe side, the shaygitz also symbolically sold his land to a different goy. In addition, the farm was leased by the local Bais Din, and the farmer is being treated as a schlepper, being symbolically compensated at minimum wage to work his own land. In addition, once I finish eating the apple, I plan to stick my finger down my throat to force myself to puke. The apple, by the way, cost me $400.

All in all, it is a worthy price to pay in order to keep such a critical mitzvah.

Yes, Shmita is a core mitzvah that we must all go to great lengths to observe. It is a Mitzvah that has been practiced by Klal Yisroel since the days of Bayis Rishoyn and the kingdom of Shloimoi HaMelech, and our lives have certainly not changed much since then. It is troubling that many vilda chayas like you would find the topic of Shmita an opportunity for laytzonis. It is because of people like you that there is Sin’as Chinum, that the Bais HaMikdash was destroyed, and that the stock market is going down.

As we all know, the Toirah commands us to observe Shmita, a sabbatical year, when we are required to let the land lie fallow – we do not work the land, and we do not plant for the coming year. In addition, we are commanded to forgive all debts that were issued over the previous six years.

In a Mishnah in Shviis, there is a famous machloikess between Rebbe Yehoishua and Rebbe Yoichanan, two Tanaim who lived in late Second Temple times. According to Rebbe Yehoishua, Shmita produce should never be eaten, under any circumstances. He brings as proof a Gezairah Shavah -- the fact that the Toirah uses similar language for both Shmita and Yoim Kippur. Both are referred to as “Shabbas Shabbasoin”. Rebbe Yehoishua makes the link, stating, “just as one is required to starve all day on Yoim Kippur, one is required to starve all year of Shmita”. Adds Rebbe Yehoishua, Shmita is the Toirah’s natural diet plan. He even published the book “The Rebbe Yehoishua Diet Plan”, available wherever quality paperbacks are sold.

However, Rebbe Yoichanan holds farkhert. The Reboinoisheloilum wants us to give the land a rest, but certainly does not want us to suffer as a result. Consequently, we are sanctioned by Halacha to pick up the produce that has fallen on the ground, and to make the rest Hefker, available without charge to one’s friends, neighbors and the poor. However, Rebbe Yoichanan points out that you are still allowed to put some rules in place around the gathering of the produce, For examples, a landowner is allowed to insist that only hot, large breasted women with low cut dresses pick up the produce by bending forward, to remind the landowner that the Ikkar Mitzvah of Shmita is to express our faith in Hakadoshboruchhu that he will provide plentiful fertility and bountiful sustenance to all of Eretz Yisroel, “A Land Flowing with Milk and…”.

Even back in the time of the Mishnah, however, the basic notion of Shmita was not without its controversy. Rabban Shimoin Ben Gamliel insisted that Shmita no longer applied, and was to be replaced by taxes paid directly to the Nasi of Eretz Yisroel, made out to the “RASHBAG Discretionary Fund” or to cash. And Rabbi Tarfon insisted that Shmita be practiced by all married men in Klal Yisroel, whether or not they were land owners, by offering aging, white bearded rabbis with silly names the opportunity to sleep with their wives once every seven years.

After the destruction of the Bais Hamikdash and the emerging pre-eminence of the leadership of the Jewish community in Bavel, Chazal were confronted by a new set of questions: Does Shmita still apply? Should it also be relevant outside of Eretz Yisroel? What new strictures were required?

According to Rish Lakish, Shmita still applied, and was also incumbent upon people living outside of Eretz Yisroel. However, due to the challenge of dating the actual start of Shmita, in Chutz La’Aretz one was required to observe Shmita for two years instead of one. On this, RASHI points out that Rish Lakish was known throughout all of Babylon for having six anorexic daughters, and a wife who was willing to be mezaneh with even the filthiest of strangers in exchange for a piece of three month old kichel.

However, according to Rabbi Chiyah bar Abba, Shmita was no longer Dioraisa, a Biblical requirement, but was a DeRabbanan. In addition, it was only to be observed in Eretz Yisroel. As well, according to the RASHBA, Shmita is applicable only in areas where Klal Yisroel held territory during the Second Temple. Consequently, areas such as the Arava Valley and Eilat are not subject to the laws of Shmita. These areas are also exempt from kosher laws in general, and one may eat pork and shellfish there, especially Bain Hashmushois.

Of course, in our day, there is a raging dispute about how to apply the laws of Shmita in a modern state. The debate is between the followers of Rabbi Yitzchak Elchanan Spektor and HaRav Avraham Yitzchak Yankif Kook on one side, who hold that you can symbolically sell the land of Israel to a gentile, the so-called Heter Mechira, and between the followers of the Chazoin Ish, who oppose the Heter Mechira on principle.

Historically, Heter Mechira was the policy of the state, but with the Rabbanut’s slide into complete moral corruption… err… with the increasing trend towards Halachic stricture, there has been growing opposition to the Heter in ultra-Orthodox circles. Thankfully, there are a few other Halachically sanctioned options:

-- Oitzer Bais Din Option – A farmer may lease his farm to the Bais Din, a body that is immune to the requirements of Shmita. The Bais Din pays the farmer a minimal wage to work his own land after charging him a processing fee, and also charges the marketing, distribution and retail agents extra fees for their participation in the gevaldikka exploitation… err… innovation of Toirah requirements. The consumers of course pay four times as much for each item, which they are happy to do, you Am Ha’aretz, while the Bais Dins use their new found revenue to go on underage Tashmish HaMitah tours in Thailand.

-- Buying from a Gentile/ Importing Produce Option – According to most Halachic authorities, Goyim are not required to observe Shmita in Eretz Yisroel. And certainly, gentiles in Chutz La’Aretz are exempt. So what better way to celebrate Kidushas Ha’aretz than by buying produce from the Palestinians and the French. It’s Takkeh a Kiddush Hashem!

-- Tzedakah Option – Every option outside of Heter Mechira is bound to raise prices for the tax paying citizens… ummm… tax-exempt Yiddisheh residents of Eretz Yisroel. But thankfully, there is an extensive network set up to collect Tzedakah from all of Klal Yisroel to support the great works and sacrifices of our Gedoilei HaDor and their followers in Eretz Yisroel. The people in Brooklyn, Queens, Los Angeles, London, and Brussels are more than happy to increase their contributions, so that our brethren in Bnei Brak and Jerusalem can buy a cantaloupe grown by Shiite pygmies in Saudi Arabia for forty dollars. In fact, Rav Eliyushiv himself has declared that all Jews should have pushkas raising money for this cause installed in their bathrooms to guarantee long life and healthy bowel movements.

-- The Carlebach Option – This option stems back to the First Bais HaMikdash. Farmers are allowed to grow extra organic items, preserve them, and store them for the coming year. In addition to refrigeration, this method relies on freeze drying and smoking. The option is named after the late Rabbi Shloimoi Carlebach who, along with his followers, used to grow a double amount of his special herbs the year before Shmita, and store them in a safe place far away from sunlight, moisture, and the legal authorities.

-- The Kfar Chassidim Option – One innovative approach that has been suggested is that instead of selling its land, Eretz Yisroel should sell the ultra-Orthodox for the year. However, the representatives of the Goyisha governments have refused to comply because they are afraid that Israel won’t want to take the ultra-Orthodox back at the end of the year. In addition, the prospect of having the ultra-Orthodox disappear for a year threatens to bring the government down, since the government would not know how to manage the resulting budget surplus.

-- The Annapolis Option – One interesting option being explored is a political option, based on the majority position that holds that land owned by gentiles is not subject to Shmita. Just as a little land in the hands of the Goyim can yield edible produce exempt from Shviis, Kal V’Choimer, a lot of land in the hands of the Goyim will yield even more acceptable produce. This, of course, is different from the Hamas Option, which suggests that all the land should be in the hands of the Goyim, and the Ann Coulter Option, which suggests that we should all be Goyim.

In any case, Koolay Alma Loi Pligi, everybody agrees – that at the end of the year we will celebrate the conclusion of Shmita with the wonderful mitzvah of Hakhel. In this Mitzvah, the political leader of Klal Yisroel gets up and reads from the Toirah, a tradition that dates back to Shloimoi HaMelech himself (who found the time to engage in the Mitzvah despite his 700 wives and 300 concubines). Indeed, at the end of the last Shmita, the Nasi, President Moishe Katzav, read from the Toirah. Afterwards, he blew the shoifar. And immediately at the end of the ceremony, he went back to his official residence and got bl…errr… received Metzitza BiPeh from three members of his household staff. Which goes to show that things haven’t changed all that much from the time of Shloimoi HaMelech after all.

Ah Gutten Shabbos und Ah Freilichen Yuntif, You Minuval