A Welfare State or a free economy
Parsha and its Implementation - BeHar - Rabbi Eliezer Shenvald – 5779
In Parashat Behar there is a concentration of mitzvot that reflect a balanced socioeconomic perception of the Torah. It begins with the commandment of "Shmita", which requires to stop the work of the land once every seven years, and that the fruit of the field be abandoned to all who seek it (Vayikra 25:6). A mitzvah that balances the absolute private ownership of man over the fruits of his field and makes them on this year, property of all. As a form of social equality. In this year there is also a shmita on money and the cancellation of debts. Following these, comes the Jubilee commandment which takes place once every fifty years (Vayikra 25:7). In this year there is a general release of the slaves to freedom that expresses the limitation of slavery and domination over each other. Landowners who were forced to sell over the years, get back their properties; back to their original owners, a kind of social justice that maintains the connection of the property to its original family in a balanced manner.
The Torah creates an opportunity for a renewed economic beginning and prevents uncontrolled real estate ownership of property by the financiers, from an approach that the land is not entirely owned by the buyer:
וְהָאָ֗רֶץ לֹ֤א תִמָּכֵר֙ לִצְמִתֻ֔ת כִּי־לִ֖י הָאָ֑רֶץ..
But the land must not be sold beyond reclaim, for the land is Mine… (Vayikra 25:23)
Later, the Torah also determines the possibility of "redeeming" and returning to its owners. Land that was sold without having a choice, without the buyer being able to prevent the sale (Vayikra 25:25), as well as the prohibition of interest set by a moral halachic framework for the benefit of those in need of a loan - that will be from a basis of mutual responsibility and solidarity and not for profit:
וְכִֽי־יָמ֣וּךְ אָחִ֔יךָ וּמָ֥טָה יָד֖וֹ עִמָּ֑ךְ ... אַל־תִּקַּ֤ח מֵֽאִתּוֹ֙ נֶ֣שֶׁךְ וְתַרְבִּ֔ית׃
"If your kinsman, being in straits, comes under your authority… do not exact from him advance or accrued interest". (Vayikra 25:35-36), thus it also determines that economic growth is based on profit from real assets, from work, from production and from industry, and not from money that generates money, and the commandment of the Hebrew slave, which also enables a kind of slavery for the purpose of rehabilitating offenders and gives existential support for those who come from distressed and needy populations. But it imposes heavy restrictions on it. The subordination of the slave to his master, and the period of slavery. And grants him various social benefits.
Recently, there has been a public debate about the right economic approach to the State of Israel. And a party was created with the approach of "Herut" and an almost absolute free economy, in the spirit of the American liberal approach of the last century. Underlying this approach was a moral flaw in the fact that the state interfered with the individual's property and limited its ability to initiate business and economic actions by means of a set of regulatory laws and claimed as well that their approach freed the economy from its limitations and yielded more economic gains. And the enormous damage caused by communism and socialism (ignoring the depression brought about by capitalism at the beginning of the last century that gave birth to socialism). It also argues that it is not appropriate for the state to force the individual to allocate his money to distressed and needy sectors by collecting compulsory taxes, and to leave the individual with freedom and the choice to give charity according to his wishes.
Since at the head of the party stands a person who observes Torah and mitzvot and most of its electors, the discussion has also spread to the world of Judaism and Halacha. They argue that freedom "Herut" and free will are not only human values but also the values of Torah and Judaism. Some called the taking of money from the individual, by taxation, for the benefit of others as a prohibition of theft and claimed, that the commandments of charity and mutual responsibility are imposed on the community and not on the state.
From our Parasha we learned a chapter in the socio-economic conception of the Torah that does not clearly favor one of the economic patterns on the extremes. It is neither capitalist nor socialist. It is a unique and balanced perception. On the one hand, it involves recognition of private property, and the need to allow the economy to operate with minimal regulatory involvement. And on the other hand, it demands collective responsibility guarantees. 'Israel is a guarantor to each other' a kind of welfare state. It is commanded by charity and benevolence. And also states that it is possible to force the individual to give charity for the poor and the weak classes, against his will.
And demands "charity and justice"- to accept collective responsibility for the weaker sectors and the population in distress and enable them to rehabilitate their economic situation.
It demands from the government system to prevent the strong abuse of the weak and to "save the oppressed immediately," and restrain the unlimited power of the wealthy.
This balance is also required today, considering the needs of a modern market economy.
Parshat Behar – Rabbi Eliezer Shenvald
Parshat Behar opens with the mitzvah of Shemittah: "When you will come to the land which I am giving you, the land will rest a sabbatical (year) to G-d." (Vayikra 25:2) And the parsha continues with the mitzvah of the Yovel: "And you will sanctify the fiftieth year…it will be a Yovel for you, and each man will return to his family and his inheritance." (Vayikra 25:10)
There is a special significance to reading Parshat Behar and learning the halachot of Shemittah and Yovel during the Shemittah year in Eretz Israel, in the sovereign Jewish state, at "the beginning of the blossoming of our redemption."
The Torah's Emunah (faith) – based strategy relating to division of the national land resources, in Eretz Israel, is derived from the overall world-view of Judaism. This strategy comes into play exclusively in the mitzvot of Shemittah and Yovel, in the return of estates to their original owners on the Yovel year and the prohibition against selling land permanently.
Since the dawn of history, the status of lands has been one of the key issues in economy and society. Land was the source of income and basic necessities, and gave men economic security. "Any man who has no land is not a man." (Talmud Yevamot 63a) Commerce in land, in the form of real estate, has always been an important part of economic activity. It is universally regarded as a secure, stable investment with an excellent chance of (at least) maintaining its value, as well as yielding high returns.
The control over the national resource of lands and the way they are distributed to citizens was one of the expressions of sovereignty of central government. It was a position of economic and social power and control. Sometimes the government nationalized the lands and sometimes it divided them up in a fair way, but there were also times when elite groups of royalty and wealth took over them. There were periods (for example in ancient Rome) when the division of land was a point of contention between the citizens and the rulers, or a cause of conflict between the classes. Sometimes this strife even brought on the collapse of governments and national institutions.
In human culture, the general assumption is that land is man's property, and he alone decides on its division and the criteria for its acquisition, as well as the relationship between the land and those with a franchise to work and develop it.
The basis of the Emunah-based Jewish view is that all the lands belong to the Master of the World. "The entire land (world) belongs to G-d - He created it and He gave it to whom He saw fit, according to His will." (Rashi on Bereshis 1:1)
The dividing up of the land resources of Eretz Israel into portions is performed under Divine Providence, by lottery and Ruach Hakodesh. "The land will be divided by lottery." (Bamidbar 26:55) This division is even-handed and just, according to the tribes, the size of the nuclear families and the quality of the land. "To the many, give a large portion, and to the few, give a small one." (ibid 26:54) "A tribe with a large population was given a large portion, and even though the portions were not equal since the allocation was in proportion to the size of the tribe, nevertheless this was all done by lottery and the lottery was guided by Ruach Hakodesh." (Rashi) "And there was a miracle in that all the lots of all the men of each tribe joined together for this (meaning that every family received exactly what it needed in their tribe's combined portion), and another miracle was that a small tribe did not receive a large portion in the land." (Siftei Chachamim)
Consequently, the Torah requires the return of estates to their original families on the Yovel, and prohibits the permanent sale of lands: "And the land shall not be sold permanently, since the land is mine and you are foreigners and residents by Me." (Vayikra 25:23)
The simple understanding of the root of this mitzvah is that G-d wanted to proclaim to his nation that the entire world is His, and in the end everything (that He gave) will return to whoever who G-d chose to give it to originally, "since the land is mine." (Sefer HaChinuch 330)
The return of the inheritances, and the prohibition against permanently selling lands, ensure that we remember who the land belongs to. These mitzvot grant permanence to the original allocation, therefore the inherent justice and equality will be kept, and elite wealthy groups will be prevented from taking over the nation's land. This check on the creation of a gap between the classes and the loss of sources of livelihood safeguards social and economic stability. This in turn guarantees our long-term and stable hold on the land. "You are…with Me"- when you are "mine" then the land is "yours." (Sifra Behar 4:8) "And you will live on the land securely" – this is national, "external" security; "And you will live securely upon it" – you will be assured of physical, "internal" prosperity. "And you will live securely"- our very living in Eretz Israel and the way we settle in our land will give us security and will ensure that we will not require protection from our enemies. (Rabbi S.R. Hirsch, Vayikra 25:18-19)
Parshat Behar – Rabbi Eliezer Shenvald
Parshat Behar opens with the mitzvah of Shemittah: "When you will come to the land which I am giving you, the land will rest a sabbatical (year) to G-d." (Vayikra 25:2) And the parsha continues with the mitzvah of the Yovel: "And you will sanctify the fiftieth year…it will be a Yovel for you, and each man will return to his family and his inheritance." (Vayikra 25:10)
There is a special significance to reading Parshat Behar and learning the halachot of Shemittah and Yovel during the Shemittah year in Eretz Israel, in the sovereign Jewish state, at "the beginning of the blossoming of our redemption."
The Torah's Emunah (faith) – based strategy relating to division of the national land resources, in Eretz Israel, is derived from the overall world-view of Judaism. This strategy comes into play exclusively in the mitzvot of Shemittah and Yovel, in the return of estates to their original owners on the Yovel year and the prohibition against selling land permanently.
Since the dawn of history, the status of lands has been one of the key issues in economy and society. Land was the source of income and basic necessities, and gave men economic security. "Any man who has no land is not a man." (Talmud Yevamot 63a) Commerce in land, in the form of real estate, has always been an important part of economic activity. It is universally regarded as a secure, stable investment with an excellent chance of (at least) maintaining its value, as well as yielding high returns.
The control over the national resource of lands and the way they are distributed to citizens was one of the expressions of sovereignty of central government. It was a position of economic and social power and control. Sometimes the government nationalized the lands and sometimes it divided them up in a fair way, but there were also times when elite groups of royalty and wealth took over them. There were periods (for example in ancient Rome) when the division of land was a point of contention between the citizens and the rulers, or a cause of conflict between the classes. Sometimes this strife even brought on the collapse of governments and national institutions.
In human culture, the general assumption is that land is man's property, and he alone decides on its division and the criteria for its acquisition, as well as the relationship between the land and those with a franchise to work and develop it.
The basis of the Emunah-based Jewish view is that all the lands belong to the Master of the World. "The entire land (world) belongs to G-d - He created it and He gave it to whom He saw fit, according to His will." (Rashi on Bereshis 1:1)
The dividing up of the land resources of Eretz Israel into portions is performed under Divine Providence, by lottery and Ruach Hakodesh. "The land will be divided by lottery." (Bamidbar 26:55) This division is even-handed and just, according to the tribes, the size of the nuclear families and the quality of the land. "To the many, give a large portion, and to the few, give a small one." (ibid 26:54) "A tribe with a large population was given a large portion, and even though the portions were not equal since the allocation was in proportion to the size of the tribe, nevertheless this was all done by lottery and the lottery was guided by Ruach Hakodesh." (Rashi) "And there was a miracle in that all the lots of all the men of each tribe joined together for this (meaning that every family received exactly what it needed in their tribe's combined portion), and another miracle was that a small tribe did not receive a large portion in the land." (Siftei Chachamim)
Consequently, the Torah requires the return of estates to their original families on the Yovel, and prohibits the permanent sale of lands: "And the land shall not be sold permanently, since the land is mine and you are foreigners and residents by Me." (Vayikra 25:23)
The simple understanding of the root of this mitzvah is that G-d wanted to proclaim to his nation that the entire world is His, and in the end everything (that He gave) will return to whoever who G-d chose to give it to originally, "since the land is mine." (Sefer HaChinuch 330)
The return of the inheritances, and the prohibition against permanently selling lands, ensure that we remember who the land belongs to. These mitzvot grant permanence to the original allocation, therefore the inherent justice and equality will be kept, and elite wealthy groups will be prevented from taking over the nation's land. This check on the creation of a gap between the classes and the loss of sources of livelihood safeguards social and economic stability. This in turn guarantees our long-term and stable hold on the land. "You are…with Me"- when you are "mine" then the land is "yours." (Sifra Behar 4:8) "And you will live on the land securely" – this is national, "external" security; "And you will live securely upon it" – you will be assured of physical, "internal" prosperity. "And you will live securely"- our very living in Eretz Israel and the way we settle in our land will give us security and will ensure that we will not require protection from our enemies. (Rabbi S.R. Hirsch, Vayikra 25:18-19)