S.A.L.T. - Sunday

The Torah at the beginning of Parashat Behar describes the mitzva of shemitta, currently observed this year here in Eretz Yisrael (as we discussed in our S.A.L.T. series on Parashat Mishpatim). The verses present the various prohibitions regarding agricultural activity during the seventh year and require that the produce be made available to any person or animal who wishes to partake therefrom. The halakha establishes that produce grown in Eretz Yisrael during the shemitta year is exempt from the requirements of "terumot" and "ma'asrot," the gifts generally given from one's crop to the kohanim and levi'im as well as other tithes. While this exemption is undisputed and generally considered axiomatic, three different reasons for this halakha exist in the literature of the Rishonim.

The Rambam (Hilkhot Matenot Aniyim 6:5) compares the produce of the seventh year to "hefker," ownerless property. The halakha states clearly that produce with no owner does not require "terumot" and "ma'asrot." Given the requirement to consider one's produce ownerless during the year of shemitta, it de facto assumes the status of "hefker" and becomes exempt from the generally required tithes and gifts to the kohen.

By contrast, the Mekhilta in Parashat Mishpatim (Shemot 23:11) derives this exemption from the Torah's implicit equation between man and beast regarding the consumption of shemitta produce (there in Shemot, and in our parasha - 25:6-7). Just as animals eat indiscriminately, even before the separation of the necessary "terumot" and "ma'asrot," so may human beings. Rashi and Tosafot in several places throughout their commentaries to the Gemara cite this association as the source for the halakha.

Interestingly, some commentators, including Rabbeinu Meyuchas (cited in Torah Sheleima, Shemot 23:11, note 149) and the Ritva (Rosh Hashanah 15a), combine these two reasons. Meaning, they understand the Mekhilta as teaching us that because we consider shemitta produce as ownerless, it naturally becomes exempt from the gifts to the kohanim and levi'im. Rather than presenting an objective "gezeirat ha-katuv" (Biblical law with no apparent reason), the verse simply affirms the "hefker" status of the shemitta produce.

We should also note that the Yerushalmi (Ma'asrot 1:1) follows these same lines only from a different verse - Devarim 14:29. There the Torah discusses the general obligation of giving "ma'aser" to a levi and emphasizes that we do so "because he has no portion or inheritance among you." Meaning, we must give the levi some produce from our lands since the tribe of Levi never received its own portion of Eretz Yisrael. The Yerushalmi thus concludes that since levi'im do, in fact, enjoy free rights to the fields of Eretz Yisrael during the shemitta year, the requirement of "ma'aser" does not apply. During this year, they in fact do own a share in the land, as thus do not earn their annual tithes.

Tomorrow, iy"H, we will look at the third approach to understanding this exemption.

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