daf bit: Kiddushin 36

[cellio]

The mishna teaches: every precept which is dependent on the land is practiced only in the land of Israel, and that which is not dependent on the land is practiced both in Israel and the diaspora, except for orlah (restrictions on fruit trees in the first three years) and kelayim (grafting unlike species). What does "dependent on the land" mean? In the g'mara Rav Yehudah understands this to mean: personal obligations are binding everywhere, but obligations of the soil apply only in Israel. (36b-37a)

(As if the land itself were commanded to, for instance, rest in the seventh year? I don't know if that's what the g'mara means, but it's an interesting idea.)

Comments

[talvinamarich.livejournal.com]

I see this as a very practical statement: Israel was (and is again) a Jewish State, where the laws of Judaism could be enforced or at least practiced without fear of interference.

The diaspora took Jews to lands controlled by Pagans (the Romans), Christians, and Moslems. In those places, the use of land might not be at the discretion of the Jew who works it. He might (probably would?) be a tenant farmer (or worse), and thus he cannot dictate that this or that field will lie fallow in the seventh year. I could even see someone claiming that arable land that is not being cultivated is abandoned and laying claim to it.

Personal obligations are binding upon the person, but obligations of the land are binding upon all who live upon the land, correct? So only personal obligations are enforceable outside of Israel.

[cellio]

The modern state of Israel is a challenging case because it's not a theocracy. So should the government enforce torah law or not? Ask two Israelis, get five opinions.

Good point about Jews in diaspora not having control -- though note that they sometimes don't have control over when they work either, yet Shabbat is binding everywhere. So there are commandments where coercion doesn't exempt.

[geekosaur]

IIRC there's a passage somewhere I can't recall about the first exile being the amount of time that the land had not been allowed its Shabbatot.

[cellio]

I've heard that too -- the number of years of the first exile is the same as the number of sh'mita years that Israel failed to observe. I don't remember where it's from either.

[zevabe.livejournal.com]

keldayim (grafting unlike species).

Should be kelayim (no d). Interestingly, Kelayim simply means forbidden mixtures of which there are several. Not to plant grain & grapes near each other (likely what is meant here), not to have diff species of animal pull a load together, not to have diff species of animal interbreed, not to mix wool and linen in clothes. I believe milk & meat might also qualify as kelayim, but I can't recall it being called that.

A מצוה תלויה בארץ (lit: a command which hangs on the land) means those things applicable only in Israel, mostly meaning anything agricultural in nature. Those things addressed in Seder Zeraim (Mishnaic Order of Seeds) except Berachot (Blessings) which obviously applies everywhere. Safek Orlah (fruit which might be from the first 3 years of a tree's growth) is permitted outside of Israel, but prohibited in Israel. However, fruit which is definite Orlah is prohibited everywhere.

[cellio]

Should be kelayim

Whoops -- how'd that 'd' get there? Thanks; I've fixed it.

Thanks for the additional info.