Parshas Behar
1. On the verse "וקראתם דרור בארץ לכל יושבי'" ("You shall proclaim liberty throughout the land to all its inhabitants"),1 the Gemara says2 that the law of Yovel applies only "בזמן שכל יושבי' עלי'" ("at a time when all its inhabitants are upon it"). Therefore, "משגלו שבט ראובן ושבט גד וחצי שבט מנשה בטלו יובלות" ("once the tribe of Reuven, the tribe of Gad and half the tribe of Menasheh were exiled, the Yovel years were annulled").
Nevertheless, the Gemara says3 that even in the time of the Second Beis HaMikdash the Yovel year was counted [and sanctified]4 — in order "לקדש שמיטין" ("to sanctify the Shemittah years"). Since the count of the Shemittah years begins from the year after the Yovel year [in accordance with the view of the Rabbis,5 that the fiftieth year "אינה מן המנין" ("is not part of the count")], they therefore counted the Yovel years even then, "כדי שיבואו השמיטין במקומן" ("so that the Shemittah years should fall in their proper places").6
Tosafos asks on this:7 It states in the Yerushalmi8 that "בזמן שאי אתה משמט יובל אי אתה משמט שביעית" ("at a time when you do not observe the release of Yovel, you do not observe the release of the seventh year").9 Now, since in the time of the Second Beis HaMikdash "the Yovel years were annulled," it follows that there was then no Shemittah either!
Rashi holds10 that the Shemittah years in the time of the Second Beis HaMikdash were only of Rabbinic force. Tosafos, however, maintains11 that according to the Gemara, "מנו יובלות לקדש שמיטין" ("they counted the Yovel years in order to sanctify the Shemittah years"), Shemittah applies by Torah law even when there is no Yovel — unlike the Yerushalmi.
2. It is known12 that the halachic rulings of the Tannaim and Amoraim came about through their seeing matters as they are Above, and in accordance with that they ruled the laws below.13 And since each Tanna and Amora saw the matter Above according to the root of his soul, there are therefore14 a number of disputes in various laws: from the perspective of the level of the soul-root of one Tanna the law is one way, and from the perspective of the level of the soul-root of another Tanna the law is another way.
Similarly, it can be said with regard to our subject that the dispute between the Bavli and the Yerushalmi15 (according to the approach of Tosafos) — whether the seventh year applies by Torah law at a time when Yovel does not apply — stems from the fact that the dimension of Shemittah as it is from the perspective of the level of the Bavli ("במחשכים הושיבני" — "He has set me in dark places"16) is lower than the dimension of Shemittah from the perspective of the level of the Yerushalmi. In order for the dimension of Shemittah as it is from the perspective of the Yerushalmi to exist in its completeness (by Torah law), one must reach the dimension of Yovel, which is higher than Shemittah;17 but the dimension of Shemittah from the perspective of the Bavli can exist in its completeness even at a time when Yovel does not apply (as will be explained below, from section 4 onward).
3. Based on the above, we will also understand the reason why, after the destruction of the Second Beis HaMikdash, a new method began in counting the Shemittah years:
In the time of the Beis HaMikdash, the fiftieth year was not included in the count of the seven-year cycles. Therefore, even after "the Yovel years were annulled," "they counted the Yovel years in order to sanctify the Shemittah years," meaning that the seven-year cycles began from the fifty-first year (as mentioned above, section 1). However, "באותן השבעים שנה שבין חורבן בית ראשון כו' וכן משחרב באחרונה לא מנו שנת החמישים אלא שבע שבע בלבד" ("during those seventy years between the destruction of the First Temple etc., and likewise from when it was destroyed the last time, they did not count the fiftieth year, but only seven by seven").18
Seemingly, why should the method of counting the years of the cycle now be different from what it was in the time of the Beis HaMikdash (after "the Yovel years were annulled")?
The explanation of this — in the inner dimension of the matters — is as follows:
In the time of the Beis HaMikdash, the dimension of Shemittah was on a lofty level, and therefore it was then bound up with Yovel
[However, within the time of the Beis HaMikdash itself there were two periods and levels: when Yovel was in effect — when the dimension of Shemittah was bound up with the matter of Yovel itself; and "from when the Yovel years were annulled" — when the dimension of Shemittah was already on a lower level (and because of this (according to the approach of the Yerushalmi) was only of Rabbinic force). The connection of Shemittah with Yovel was then only through its count — "they counted the Yovel years in order to sanctify the Shemittah years"].
But since the Beis HaMikdash was destroyed, the dimension of Shemittah is on a still lower level, and therefore it is now not connected with Yovel at all — not even with the count of Yovel.
4. To understand this, we must first explain the matter of Shemittah and Yovel as they are in man's service of G‑d:
Shemittah is the service of accepting the yoke of Heaven's kingship19 — bittul hayesh, nullification of the self20 — meaning that in essence the one serving is a "yesh," an independent entity, but he nullifies his sense of self. This is why with every single Shemittah the question can arise anew, "וכי תאמרו מה נאכל בשנה השביעית" ("And if you shall say: What shall we eat in the seventh year?")21 — even though in the earlier Shemittah years22 he himself saw the results of "וצויתי את ברכתי גו'" ("I will command My blessing...")23 — because, owing to the sense of self within him, there is always room in him for a question, and each time anew he must be told, "I will command My blessing...."
Yovel, by contrast, is in the Sefirah of Binah, the level of "עלמא דחירות" ("the world of freedom"),24 where the G‑dly light shines for him openly. Because of this he becomes "freed" from all the things that conceal and hide25 — "You shall proclaim liberty throughout the land" — similar to the freedom that will exist in the Time to Come, when there will be no room for any concealment and hiding at all, for "ואת רוח הטומאה אעביר מן הארץ" ("And I will remove the spirit of impurity from the land").2627
This is the reason why "the main mitzvah of Yovel" applied only in the First Beis HaMikdash and not in the Second: the level of Binah, "the world of freedom," is the matter of the "Hei Ila'ah," the upper Hei (the first Hei of the Divine Name Havayah), and since in the Second Beis HaMikdash the Hei was lacking,28 there was no longer any true freedom then [spiritually, and consequently — not physically either, for "היו מלכי עובדי כוכבים מושלים עליהם" ("the kings of the idolatrous nations ruled over them")29]. Therefore, the matter of Yovel, "the world of freedom," no longer existed at that time.30
5. It has already been discussed at length on another occasion30 regarding the two levels of nullification — "bittul hayesh" (nullification of the self), which in general is the service of accepting the yoke, and "bittul bimetzius" (nullification of one's very existence), which comes through comprehension — that each one of them has an advantage:
The advantage of "bittul bimetzius" concerns the quantity (and extent)31 of the nullification: the nullification permeates the person entirely, in all his faculties — unlike "bittul hayesh," where the nullification does not permeate the person in all his faculties.
The advantage of "bittul hayesh" concerns the quality (and strength) of the nullification: on the level of "bittul bimetzius," since the nullification comes through comprehension, the nullification itself is bound up with the person's existence (his comprehension). With "bittul hayesh," however, since the nullification is not bound up with the person's existence (for, on the contrary, he, from the perspective of his existence, is a "yesh"), this very nullification (this small quantity of nullification) by which he does nullify himself to the One Above, out of accepting the yoke of Heaven's kingship, is a nullification with strength.
This is the advantage of Shemittah as it was in the time of the First Beis HaMikdash, when Yovel was in effect: then both advantages existed together. The acceptance of the yoke (Shemittah) was also in a manner of Binah (Yovel); there was understanding and a delight in the nullification of accepting the yoke.32 Consequently, the nullification that is higher than (comprehension and) existence also permeated the person in his entire being (but did not nullify his existence).
6. Accordingly, we will also understand the three aforementioned levels of Shemittah: a) as it was when Yovel was in effect; b) as it was once the Yovel years were annulled, but they still "counted the Yovel years in order to sanctify the Shemittah years"; and c) as it is in the present time, when it is not connected with Yovel at all:
a) In the time of the First Beis HaMikdash, when the Hei Ila'ah — Binah — shone, there was true comprehension of G‑dliness — the level of Yovel — to the point that even the acceptance of the yoke (the level of Shemittah) was in a manner of comprehension,33 as mentioned above;
b) In the time of the Second Beis HaMikdash, the Hei Ila'ah was already lacking, but there was still at least the comprehension that relates to accepting the yoke (similar to Chochmah-Binah-Daas within Hod: although he indeed has no comprehension of the matter itself, he understands at least that he must acknowledge it34). Therefore they also counted the Yovel years then (in order) to sanctify the Shemittah years — because there was nevertheless the dimension of Yovel (comprehension) that relates to Shemittah (acceptance of the yoke);
c) Since the Beis HaMikdash was destroyed, however, the matter of comprehension is altogether absent — similar to "Hod within Hod"35 — and therefore Shemittah is now not connected with Yovel at all.
7. Although the service of accepting the yoke in the present time is below reason and understanding, and for this reason it does not (openly) encompass the person in his inner being — nevertheless, since the acceptance of the yoke derives from the essence of the soul, which is above intellect,36 one must say that even now the acceptance of the yoke has an effect on the inner faculties (intellect, etc.), for an "essence" is found (and has its effect) in all its aspects.37 It is only that, owing to the concealment and hiding of the length of the exile, it appears that the acceptance of the yoke in the present time is an external matter.
This is the explanation of the dispute between the Bavli and the Yerushalmi whether Shemittah in the present time is by Torah law (meaning that the mitzvah of Shemittah in the present time is a matter in its own right) or by Rabbinic law, as a remembrance38 of the Shemittah that existed when Yovel was in effect:
From the perspective of "במחשכים הושיבני — זה תלמוד בבלי" ("'He has set me in dark places' — this is the Babylonian Talmud"),39 it appears that the acceptance of the yoke nowadays is an external matter. Therefore the Bavli holds that Shemittah in the present time is a matter in its own right, which has no connection to Shemittah as it was when Yovel was in effect;
From the perspective of the light of the Yerushalmi, however, one feels that even the acceptance of the yoke in the present time is an inner matter (it is only that for the time being it does not shine openly). Therefore the Yerushalmi holds that Shemittah nowadays is (not a matter in its own right, but rather) a continuation and remembrance of Shemittah as it was in the time of the First Beis HaMikdash,
and likewise, a preparation for the Shemittah that will exist in the Time to Come, at the "ביאה שלישית" ("third entry")40 through Moshiach Tzidkeinu — may he come and redeem us very soon.
(From the sichos of Purim, 5726)
Notes
1) Our parsha, Vayikra 25:10–14.
2) Arachin 32b. Rambam, Hilchos Shemittah VeYovel 10:8.
3) Arachin, ibid. Rambam, ibid., halachah 3.
4) Rambam, ibid.
5) Arachin, ibid., 33a, and sources cited there. See also below, section 3.
6) The wording of Rashi, ibid., end of 32b.
7) Arachin, ibid.
8) Shevi'is 10:2. Gittin 6:3.
9) In the Kesef Mishneh, Hilchos Shemittah VeYovel 4:25, [it is stated] that (according to the view of the Rambam) only the release of debts is dependent on Yovel, whereas the release of land applies by Torah law even when the Beis HaMikdash is not standing. But from the above-mentioned question of Tosafos there, it is evident that Tosafos holds that the release of land, too, applies only at a time when Yovel is in effect (for otherwise one could have answered that counting the Yovel years to sanctify the Shemittah years refers to the release of land). See Mishneh LaMelech on the Rambam there, [who writes] that this is also evident from the discussion in Moed Katan. Note also the Beis Yosef, Yoreh De'ah, sec. 331, who writes (on the Tur's statement there, "and it is forbidden to plow etc., and in Eretz Yisrael nowadays it is Rabbinic"): "And these are also the words of the Rambam in Hilchos Shemittah, ch. 9 and ch. 10."
10) Gittin 36a (cited in Tosafos, Arachin, ibid.).
11) Arachin, ibid. See also Rashi, Gittin, ibid.: "And I say that it is a dispute."
12) Biurei HaZohar, Vayishlach 20b.
13) And although it is known that "the Torah is not in Heaven" (Bava Metzia 59b) — the point is that after they saw the root of the matter Above, they toiled and grasped with their intellect the matter as it is below, and ruled the law accordingly. This has been discussed at length elsewhere.
14) See also the Introduction to Tanya; Zohar III, 245a.
15) And although in the Bavli, too (Gittin, ibid., and sources cited there), they said "Rebbi says etc.: at a time when you do not release land, you do not release debts" (see Rashi and Tosafos there) — nevertheless, from the fact that Rava (in Moed Katan 2b, end; and according to Rashi's interpretation (Gittin, ibid., 36b, s.v. Rava) and the Raavad (Hilchos Shemittah VeYovel 9:16) — also in Gittin there) seeks to establish it according to the Rabbis, it is evident that this is how we rule. [Especially since in Tractate Arachin, ibid., it is stated so anonymously (according to the reading of Tosafos).] In the Yerushalmi, however, the anonymous ruling follows Rebbi (see Tosafos there).
16) See Sanhedrin 24a: "'He has set me in dark places' . . this is the Talmud of Babylon." And in the Shelah (16b; 36a, beginning) it is cited (as in the reading in many places in Chassidus): "this is the Babylonian Talmud."
17) Which is why Yovel has additional holiness and a number of laws that do not apply to Shemittah.
18) The view of the Geonim (cited in Rambam, ibid., 10:5), according to the interpretation of the Derishah on Choshen Mishpat, sec. 67 [OCR unclear], subsec. 19 (s.v. "And this discussion of Shemittah").
19) See also Taamei HaMitzvos of the Arizal on our parsha — cited in Derech Mitzvosecha 35b: "And this is the mystery of 'the land shall rest' — the level of Malchus."
20) Likkutei Torah, our parsha, 42d.
21) Our parsha, 25:20.
22) And also in this Shemittah itself — for "they already saw in the sixth year the abundance of produce" (see Kli Yakar here, in his question on the Ramban).
23) Our parsha, ibid., 21ff.
24) Likkutei Torah, Rosh Hashanah 60b, and sources cited there.
25) Based on this, one can better appreciate (also in the inner dimension of the matters) the statement "ועשת את התבואה לשלש השנים . . עד השנה התשיעית" ("and it shall bring forth produce for three years . . until the ninth year") — even though in the seventh Shemittah (before Yovel) it would have had to produce for four years (see Toras Kohanim and Rashi on verse 22). For the statement "I will command My blessing etc." comes to answer a question, "And if you shall say: What shall we eat?"; and with regard to Yovel, "the world of freedom," there is from the outset no room for a question at all.
26) Zechariah 13:2.
27) Likkutei Torah, ibid.
28) As our Sages teach (Yoma 21b) on the verse (Chaggai 1:8) "ואכבדה" ("and I will be glorified") — the Hei is missing. See also Likkutei Torah, ibid., 56c.
29) Likkutei Torah, ibid.
30) See at length Likkutei Sichos, vol. 9, end of p. 72ff., and the sources cited there.
31) It is understood that in quality, too, there is an advantage (and it is a great one) in that he is not a yesh.
32) See similarly Likkutei Sichos, vol. 8, p. 126ff., on the manner of feeling in fulfilling the "chukim" (suprarational commandments).
33) See Likkutei Torah, ibid. (end of 60b): "That is, the drawing down of the level of the upper Hei into the lower Hei." And there (57c), in the name of the Mikdash Melech: "Malchus, too, was then on the level of Binah, which is the upper Hei." Note also the distinction between the inner dimension of Abba being the inner dimension of Atik, and the inner dimension of Atik in its own place (Hemshech 5666, p. 101ff.).
34) Siddur, Shaar Lag BaOmer (306b). See also the maamar beginning "VeNachah Alav" 5709, ch. 8.
35) Ibid. And from the maamar "VeNachah Alav," ibid., it is implied that this is the main service of [the period of] the Footsteps of Moshiach.
36) See the maamar "VeNachah Alav," ibid., chs. 18 and 19, and in many places.
37) See Likkutei Sichos, ibid., pp. 131–2; the Kuntres "Inyanah shel Toras HaChassidus" ("On the Essence of Chassidus") (printed in Sefer HaErchim-Chabad, end of vol. 1), sec. 17.
38) Gittin 36b. According to what is stated in the text, one will understand why they instituted only a remembrance of Shemittah and did not institute one for Yovel (see Tosafos and Maharsha there) — for the level of Yovel, "the world of freedom," does not shine at all now.
39) Cited above, note 16.
40) See Rambam, ibid., ch. 2, halachah 1.
Key Lesson
Even in the darkness of exile, when the acceptance of the yoke of Heaven seems external and mechanical, it springs from the very essence of the soul and quietly affects all of a person's inner faculties. Our simple, unwavering commitment today is a continuation of the lofty service of the past and a preparation for the complete revelation with Moshiach.