Parashat Behar 5775 – Shemitah and Yovel: Tension or Continuum?

Parashat Behar 5775 – Shemitah and Yovel: Tension or Continuum?

 

Parashat Behar focuses largely, though not entirely, on the laws of Shemitah and Yovel, the Sabbatical and Jubilee years respectively[1]. These laws are often seen as a continuum, with one the former flowing naturally into the latter. Shemitah occurs every 7th year, when all of the Jews of the land of Israel must declare their land ownerless and let it lie fallow for a whole year; they may neither sow nor reap in the land. Yovel occurs every 50th year, just after every 7th Shemitah year. In Yovel, all sales of land are nullified and the lands are returned to their owner, and all slaves are set free. Thus Shemitah entails a nullification of dominance over the land, and Yovel entails a revoking of sales and ownership. However, this depiction runs across a critical flaw when it comes to the textual depiction of the return of lands and slaves in Vayikra 25:13, “In this year of Yovel you shall return every man to his portion [of land].” The text does not depict the return of lands as something separate from the freeing of slaves. In fact, it does not describe the return of lands at all. Rather it talks about the return of slaves as free individuals to their ancestral homelands. Thus Shemitah and Yovel are in fact conflicting, not continuous. Shemitah involves people stepping back from the land and their ownership of it, while Yovel requires people coming close to the land of their families. The former creates a sense of distance and otherness from the land, while the latter conditions a sense of familiarity and identity with it.

The tension can be resolved by reformulating the concept of the Yovel in a way that focuses on ownership after all. However, it is in the reverse way of it was formulated before. Instead of Yovel being about whether or not the land belongs to us, it’s about whether or not we belong to the land. Thus the whole of the Yovel/Shemitah passage can be summed up conceptually as, “The land doesn’t belong to us so much as we belong to the land.” Thus Shemitah and Yovel do in fact form a continuum, as we first recognize every 7 years that we do not really own the land, and then in the 50th year we take yet one step further away from ownership and recognize that we, in fact, are creatures of the land we are born on and are in a sense owned by it.

At this point it is worth bringing up a conceptual dichotomy discussed by Rav Shimon Gershon Rosenberg (Shagar)[2] regarding the difference between what he calls “earth” (אדמה) and “land” (ארץ). Rav Shagar says that “earth” refers to the elemental reality that all humans are born out of, to what it means to exist as a human being. In contrast, “land” refers to the society people construct, the power-oriented political structures we create. All human have a connection to the earth, and groups of people create their own various lands. In Shemitah we step back from the “land”, renouncing any sense of ultimacy that we attribute to our constructed societies, we recognize that our ownership is anything but absolute. In Yovel, we are still getting back beyond our conditional societies, but the emphasis is not on shattering these false idols, but on getting back to the source, getting back to the basics of what it means to be human. While Yovel is not applicable in our day, Shemitah is made all but negligible by the innovation of the Heter Mekhirah[3], and the number of Jews who live the sort of agrarian lifestyle where these rules are really felt is negligible, it’s important to recognize that these laws still have something to teach us. In our societies, we often become too caught up in the hierarchies and stratifications that we use to categorize and understand the people around us. While these structures are important, we need to step back every now and then and realize that they’re only constructs, and that at the root of it we’re all people. Further, living in these structures causes us to get locked into very particular ways of understanding ourselves, and every now and then we need to get back to our very human essence, and realize that we can choose how we want to define ourselves and our world in the future.

[1] The ideas in this composition are based to some degree on “Father Sky and Mother Earth” by Rav Shagar, found in “On That Day: Sermons and Essays for the holidays of Iyar”, pg. 207-216.

[2] “On That Day”, pg. 37. Note that he also includes a third category, “State” (מדינה), that is absolutely worth reading about but was beyond the scope of this composition.

[3] Literally “Permission of Sale”, wherein land in Israel is sold to a non-jew in order to exempt it from the laws of Shemitah.

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Parashat Behar – The Property Law of Man and God

לַצְּמִיתֻת לַקֹּנֶה אֹתוֹ

 

Parashat Behar discusses a variety of laws all based upon the idea of ‘א’s property rights. The laws of Shemittah assume that ‘א owns the land and thus Bnei Yisrael must treat it in accordence with His wishes (Vayikra 25:23). Similarly, the laws of the redemption of properties and the return of ancestral lands in the Yovel is due to ‘א being the one true owner of the land, and thus has the unique ability to apportion it as He sees necessary (Ibid.). Even the laws of the slaves are included, as ‘א has taken Israel to be in His service, and thus they cannot serve others, at least not as formal slaves (25:42). This in itself, the idea that ‘א owns things and that people therefore cannot treat those things however they wish, is of great importance. But it is the exception to the rule of property return that teaches us perhaps the most important idea of all.

The exception to the return of property in the Yovel is any property inside a walled city. This property can be redeemed within a year of its sale, but after that it belongs fully to its new owner (25:29-30). If the law of the return of property is based on the idea that the land belongs to   ‘א, then it seems a little incongruent that there would be an exception to this rule. It seems to imply that urban properties don’t get returned in the Yovel because urban land doesn’t necessarily belong to ‘א but rather whomever legally acquires it. Due to its location, what would otherwise be the property of ‘א is instead the property of Man.

An argument against this might be that ‘א as Creator of the World owns everything in it, and thus there must be some other explanation for this exception. However, ‘א’s conditional ownership is clear from the contrast between the laws of Israelite and non-Israelite slaves in Vayikra 25:39-46.

39 And if thy brother be waxen poor with thee, and sell himself unto thee, thou shalt not make him to serve as a bondservant. 40 As a hired servant, and as a settler, he shall be with thee; he shall serve with thee unto the year of jubilee. 41 Then shall he go out from thee, he and his children with him, and shall return unto his own family, and unto the possession of his fathers shall he return. 42 For they are My servants, whom I brought forth out of the land of Egypt; they shall not be sold as bondmen. 43 Thou shalt not rule over him with rigour; but shalt fear thy God. 44 And as for thy bondmen, and thy bondmaids, whom thou mayest have: of the nations that are round about you, of them shall ye buy bondmen and bondmaids. 45 Moreover of the children of the strangers that do sojourn among you, of them may ye buy, and of their families that are with you, which they have begotten in your land; and they may be your possession. 46 And ye may make them an inheritance for your children after you, to hold for a possession: of them may ye take your bondmen for ever; but over your brethren the children of Israel ye shall not rule, one over another, with rigour.

Israel belongs to ‘א as a result of His taking Israel out of their slavery in Egypt. By contrast the nations who live around Israel are not ‘א’s, and can thus be taken as slaves. Clearly not everything belongs to ‘א as a result of being created by Him.

While it is clear that urban property has left the realm of ‘א’s property and moved over into that of man, it is far from clear whether or not this is a good thing. On the whole, cities in Tanakh are not depicted very positively. The first city ever mentioned is Bavel, in the Tower of Bavel narrative in Bereishit 11. That city is so negative that ‘א has to personally intervene and destroy it. The next big city mentioned is Sodom, which is also destroyed by ‘א. It continues like that, with really the only positive city being the priestly city of Nov until the founding of Jerusalem by King David. The prophet Tsephaniah in particular takes a harsh view of city life, considering it to be innately evil and corrupt. He predicts the total destruction of the cities of Israel, utilizing imagery from the Flood and Tower of Babel narratives in order to make it clear that the destruction is due to the absolute corruption of the cities. In their place he suggests that society move back toward the more pastoral, shepherding lifestyle of the forefathers. Rav Shimshon Raphael Hirsch suggested that this tension between cities and shepherds is a theme throughout the entirety of the Tanakh, going all the way back to the first conflict in the Torah. While Abel was a Shepherd, Cain was a farmer, whose descendants would go on to develop much of civilization (Bereishit 4:21-22). When the Jews go down to Egypt, the fact that they are shepherds is appalling to the Egyptians, who maintaine an agricultural society (Bereishit 46:31-47:4). The one real exception might be Yeshayahu’s prophecies on Jerusalem. Much like Tsephaniah, Yeshayahu uses imagery from the Tower of Bavel to demonstrate the total corruption of the city. However, instead of predicting the city’s destruction, Yeshayahu declares that the city must become better. It seems that in Yeshayahu’s view, urban life is not innately corrupt, and could in fact be ideal if the people acted properly. Thus the portrayal of cities in Tanakh is definitely not particularly positive, but also doesn’t have to be negative.

Just as the Tanakh’s view of cities seems more complex than simply ‘good or bad’, we can’t really determine if the nature of urban land as the property of Man is positive or negative. Certainly, it could potentially be either, which highlights the incredible fact of the exception itself. The Torah describes the laws of Shemittah, Yovel, Redeeming the Land, and the Return of the the Land, as all being based on ‘א’s ownership of the land. And then it says that by building walls and cities, the land becomes the property of Man. Bnei Yisrael are apparently able, in this case, to overwrite ‘א’s ownership with their own. This is an example of a much larger theme in Tanakh and Judaism, that of the importance and value of human initiative. Human initiative is real and has meaning, despite the presence of an all-powerful god. In Sefer Shoftim, the measure of a good leader is how little he requires ‘א’s involvement in saving the people. When ‘א helped the people conquer the land, the Kedushah was only temporary, but when the people returned of their own volition in the period of Bayit Sheni, the Kedushah was permanent. The ability for Bnei Yisrael to make property their own through urbanization is an incredible demonstration of the power of human actions. However, the Tanakh makes it clear that this has the potential to be either incredibly good or incredibly bad, and it might even be easier for it to go bad. If humans have such great power, then incumbent upon them is also great responsibility. We are meant to build a perfect world, and we have the power to do so. This by definition means we also have the power to ruin the world we’ve been given to work with. This is the great challenge of humanity. We’ve been given great ability and the material to utalize. What we do next is up to us.

 

[1] Translations from Mechon-Mamre.org

[2] One could still argue that ‘א, as Creator, owns everything, but one still has to explain the distinctions between the the rural and urban properties and the Israelite and non-Israelite slaves as per Vayikra 25 as being somehow different levels of ownership, and so nothing has really been accomplished in terms of ‘א’s ownership.

[3] ספר שמואל א’, פרק כ”ב, פסוק י”ט

[4] Divrei HaYamim Alef 11:4-5

[5] Rabbi Hayyim Angel, “Zephania’s use of the Genesis Narratives”, available on yutorah.org

[6] As a massively agricultural society, Egypt was actually the first civilization to develop leavened bread, which may explain the prohibition of Chametz on PEsach. For more information, see this link: http://www.rationalistjudaism.com/2014/04/why-do-we-eat-matzah-on-pesach.html

[7] Rabbi Hayyim Angel, Op cit.

[8] Talmud Bavli, Masekhet Yevamot, 82b.

[9] Voltaire, “Œuvres de Voltaire, Volume 48.” Lefèvre, 1832; Uncle Ben, Amazing Fantasy #15.