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As I mentioned in the previous blogs, the law of Shemitah as found in the Torah was an attempt to rest the land from farming every seven years. The Shemitah allowed for a Sabbath for the land. Additionally, upon the commencement of the Shemitah year, all debts were canceled, and all bondages were released.
The law of Shemitah was ostensibly the Torah’s way of being compassionate, allowing the poor to partake of the fruits of an uncultivated land. The poor also were given an opportunity every seven years to escape eternal debt.
There is no doubt that the roots of this law are compassionate. It is clear that the author of the law of Shemitah wished to ease the burden of the poor and orphans in obtaining food and in escaping from eternal debt. Kudos to the author of Torah for having his (?) heart in the right place!
The problem is that the law of Shemitah is not realistic. If I am lender of money and know that the year of Shemitah is approaching, then I would be crazy to lend money to anyone, knowing that the debt would soon be voided. Why would I want to lend any money when I know that the year of Shemitah is approaching? I would imagine that all lending, effectively all business would grind to a halt as the Shemitah year is approaching. The poor and those in need would have trouble borrowing money even if they have every intention to repay their debt.
In many ways, this law of Shemitah reminds me of communism. Both systems were rooted in compassion but in the end they both proved unrealistic. The trouble is that whereas the failed communistic system can be attributed to failings of human social design, the rule of Shemitah is the making of God. Now, the question is, how could an all knowing God, in his design of the Shemitah, fail so spectacularly in failing to foresee the nature of humans, his creation?
The law of Shemitah was ostensibly the Torah’s way of being compassionate, allowing the poor to partake of the fruits of an uncultivated land. The poor also were given an opportunity every seven years to escape eternal debt.
There is no doubt that the roots of this law are compassionate. It is clear that the author of the law of Shemitah wished to ease the burden of the poor and orphans in obtaining food and in escaping from eternal debt. Kudos to the author of Torah for having his (?) heart in the right place!
The problem is that the law of Shemitah is not realistic. If I am lender of money and know that the year of Shemitah is approaching, then I would be crazy to lend money to anyone, knowing that the debt would soon be voided. Why would I want to lend any money when I know that the year of Shemitah is approaching? I would imagine that all lending, effectively all business would grind to a halt as the Shemitah year is approaching. The poor and those in need would have trouble borrowing money even if they have every intention to repay their debt.
In many ways, this law of Shemitah reminds me of communism. Both systems were rooted in compassion but in the end they both proved unrealistic. The trouble is that whereas the failed communistic system can be attributed to failings of human social design, the rule of Shemitah is the making of God. Now, the question is, how could an all knowing God, in his design of the Shemitah, fail so spectacularly in failing to foresee the nature of humans, his creation?
5 comments:
You are absolutely right. Not only that Chazal agree with you.
Get a hold of:
Not in Heaven by Eliezer Berkowitz.
Basically shows you the fluidity of halacha and that the text was just the beginning of a longer process. The text was about an ikkar, but by no means to be taken on face value. That when different conditions occured, the halachot changed as well. Its a great book to show how judaism is supposed to function.
Holy;
I will read the text, thanks. But the Halacha, being the word of God can not change. If God says "DO X" then we should do it until he comes arourd and says "Don't do X". We can not simply change it becuase society has changed, no?
yes ;)
the book is great. I think it gives a great perspective of how halacha is supposed to function and how chazal viewed the law
If I am lender of money and know that the year of Shemitah is approaching, then I would be crazy to lend money to anyone, knowing that the debt would soon be voided. Why would I want to lend any money when I know that the year of Shemitah is approaching? I would imagine that all lending, effectively all business would grind to a halt as the Shemitah year is approaching. The poor and those in need would have trouble borrowing money even if they have every intention to repay their debt.
Guess what? The Rabbis agreed with you that this was a problem. That's largely the reason that the Pruzbol was popularized. You can quibble about whether or not they had the right or the authority to do so, but at least they did address the concern.
The Wolf
BrooklynWolf;
There are times when I "quibble" with rabbinic authority. In this particular instance I am pointing out a divine rule that while apparently well intentioned, is impractical.
It is as if a simple minded king has pronounced a rule, which while sounding good, has wreaked havoc with society. Now, the wise within his kingdom have come to rescue the rule. They have sought to undermine the rule without actually and officially undermining it. Here, in this blog, I am simply pointing out that a given rule instituted by the divine has proven impractical.
The issue is, how could that be?
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