Sabbatical Year, not so Restful

 
DALTON, northern Israel – It is supposed to be a year of rest for the land in accordance with the biblical command to refrain from working the ground every seventh year: “You shall sow your land for six years and gather in its yield, but on the seventh year you shall let it rest and lie fallow, so that the needy of your people may eat; and whatever they leave the beast of the field may eat.” (Exodus 23:10-11)
 
The sabbatical year (shmita in Hebrew) began on Rosh Hashanah (September 12th), but lawyers, rabbis and farmers are doing anything but resting as a war between synagogue and state is brewing.
 
Normally, the sabbatical year has a routine approved by the Chief Rabbinate: Jewish farmers “sell” their land to non-Jews during that year so that produce is considered kosher because it was not grown by Jews. This is known as heter mechira (consent of sale). With this practice, instituted in the late 1800s, the fruit and vegetable market generally stays the same.
 
This year, however, the ultra-Orthodox rabbinical authorities adopted a stricter approach. “From the point of view of the Rabbinate the heter mechira is acceptable,” said Avi Blumenthal, spokesman for Chief Rabbi Yonah Metzger. “But the local city rabbi has the right not to accept it.”
 
The decision put a wedge between the rabbinate and farmers, and even Zionist Orthodox Israelis are unhappy about it. The rift deepened when some local rabbis adopted the strict ultra-Orthodox view and warned that they would revoke kosher licenses to shops and restaurants if produce was bought from a farm that was symbolically sold. That means major losses for the nation’s farmers.
 
In the late 1880s, Rabbi Abraham Isaac Kook came up with the idea of heter mechira so the Land may be cultivated at no loss to farmers. But many ultra-Orthodox Jews see this as a way to avoid religious obligations. During shmita years, they buy their produce from Arab farmers in Israel, the Palestinian territories, or import from abroad.
 
“This is a betrayal of religious Zionism and a betrayal of Jewish farmers,” Rabbi Shlomo Riskin, rabbi of the settlement of Efrat near Bethlehem, said. “Tragically, issues such as this are dividing even observant Jews.”
 
Riskin said his community never buys Arab produce even during a shmita year.
 
Tzohar, a group of younger Zionist rabbis, announced that they will issue heter mechira certificates of their own in cities where the local rabbi will not. “We believe it is important to strengthen Jewish farmers and provide reasonably priced produce to the Jewish nation,” said Tzohar chairman Rabbi Rafi Freuerstein.
 
Agriculture Minister Shalom Simchon accused the ultra-Orthodox, who represent only 5 to 7 per cent of the population, of “religious coercion” and announced that he will ban imports that compete with Israeli farmers. That could affect Palestinian farmers in Judea and Samaria, though produce is not likely to come from Gaza as it did seven years ago. Israel has stopped all exports from Gaza since the Hamas takeover in June.
 
The shmita feud was so bitter that it wound up in the Supreme Court, which responded to an appeal from the Israel Farmers’ Federation and the Plants Council.
 
“This is a clash between religion and state,” said the farmers’ lawyer Shaul Pelles. The court ruled in favor of the petitioners and ordered the Chief Rabbinate to force local rabbis to change their decision or replace them.
 
At the moment, refrigerated fruit and vegetables grown before the Jewish New Year are being sold. But planting will soon begin for winter vegetables such as peppers and lettuce, which take only two to three months to grow.
 
In Upper Galilee, the prestigious Dalton Winery is harvesting grapes and making wine, but producing only one kosher label this year while the rest will be marketed abroad.
 
“If you’re a wine fan, you’ll still have the Dalton label on the shelf,” Assaf Haviv told us. “But most will be sold outside the country. This year we will sell modestly in Israel.”