Misva #84: Proclaiming One’s Agricultural Produce Ownerless on Shemita

The Torah commands in Parashat Mishpatim (Shemot 23:11), “Ve’ha’shebi’it Tishmetena U’netashtah,” requiring a farmer to abandon his agricultural lands during the Shemita year, which occurs every seven years. This means that he must proclaim all the produce ownerless, and allow all people access to it. The Sefer Ha’hinuch, who usually gives just one reason for every Misva, in this instance points to three different reasons underlying the Misva. First, he explains that the command of Shemita, like the Misva of Shabbat, reinforces our belief in the creation of the world. As opposed to the belief held by the ancient Greek philosophers, and others, that the world always existed, we firmly believe that the world was created by G-d. To affirm this belief, the Torah requires us to remind ourselves of the six days of creation by observing Shabbat every seven days, and observing Shemita every seven years. Additionally, the Sefer Ha’hinuch writes, it is critically important for us to recognize that the world is owned by G-d, and that we are here as His “tenants,” who are entitled to live on and use the earth subject to His rules. And so once in seven years we abandon our fields to express our cognizance of His ownership over the land, that we use it only by His authorization. Secondly, the Misva of Shemita helps engender within us the precious quality of “Vatranut,” a willingness to forego on what is rightfully ours, rather than insistently standing on principle. By declaring his produce ownerless every seven years, allowing everyone who wishes to partake of it, the farmer accustoms himself to foregoing on his property. The Sefer Ha’hinuch writes that nothing engenders “Vatranut” more than giving to somebody without expecting any reciprocation, and so the Torah commanded farmers to forego on their produce every seven years. Thirdly, and perhaps most obviously, the Sefer Ha’hinuch notes that abandoning one’s field for an entire year has the effect of strengthening one’s Bitahon, his trust in Hashem as the one who provides his needs. By allowing everybody to partake of his produce, the farmer effectively pronounces that he trusts in G-d to care for him and provide him with his sustenance. This Misva is binding upon both men and women, and applies only in Israel. According to Torah law, the command of Shemita applies only when the majority of the Jewish Nation lives in Israel, but the Sages enacted that Shemita be observed in Israel even nowadays. Furthermore, the Sefer Ha’hinuch adds, the Sages enacted that Shemita be observed in “Surya” – referring to parts of what is today Syria. The Sefer Ha’hinuch explains that King David captured certain areas in Syria, such as Damascus and Halab (Aleppo), and although these regions are not considered part of Israel, the Sages enacted that Shemita be observed there. The Rambam (Hilchot Shemita Ve’Yobel 4:27) explains that since these regions are very close to Israel, the Sages feared that people would move there to avoid the Misva of Shemita, and so they legislated a requirement to observe Shemita in these areas. A farmer who prevented people from accessing his fields during Shemita, such as by erecting a fence around it and locking the gate, has violated this command. The farmer himself is allowed to partake of his produce just like everyone else. He may not collect large amounts of produce as he normally would from his fields, in order to make it clear that he does not consider himself the owner, but he may collect small portions just as others may.