"BI'AT KULCHEM ('Arrival of you all in Israel')
A Majority of Jews in the Land of Israel"

By Yishai Fleisher for Kumah

"Mi Yimalel Gevorot Hashem Yashmiya Kol Tehilato, Who can express the mighty acts of Hashem, who can make heard all His praise! (Tehil. 106;2)"

"After 1900 years of exile, the State of Israel has begun the work of in gathering Jews to the Land of Israel. It is hard to describe the joy and thankfulness that we Jews feel in seeing the prophecies come true with our own eyes.

The milestones of the fledgling state have been marked mostly by wars. The war of Independence initiated the birth of the state, while the Six Day war yielded the return of Jerusalem into Jewish hands. Great feats of population in gathering and integration are also amongst the proudest memories of Israel. The miraculous rescues of Yemenite, Ethiopian, and Russian Jewry changed the demographic and cultural makeup of Israel. Black Jews walk the streets of Jerusalem, Jews with ancient customs pray in synagogues, beautiful children are born to unlikely unions of Jews from different parts of the globe.

Now the Jewish State is about to reach another milestone the likes of which has perhaps not been achieved since the first Jewish commonwealth 3000 years ago when the First Temple stood. A recent study done at the Institute of Contemporary Jewry at Hebrew University in Jerusalem concludes that just after the year 5790 (corresponding to 2030 CE) the majority of the Jewish people will live in the land of Israel. The study goes on to say that currently only 37% of the Jewish people live in Israel, while the rest live in the Diaspora. However, due to many factors, that figure is rapidly changing.

For one thing, the Jewish birthrate in Israel is fully twice that of Diaspora Jews; on the average, 2.6 children are born to women in Israel, versus 1.3 to Diaspora women. Secondly, as is well known, the intermarriage rate in the Diaspora is over 50%, while in Israel that figure is negligible. Thirdly, the median age of Israel's population is much lower than that of the Diaspora's community. Israel has a higher percent of young people and lower percent of the elderly than does the Diaspora. These three factors, birthrate, intermarriage, and median age, all point to one trend: the Jewish population of Israel is growing, while Diaspora Jewry is waning.

There is one final factor: Aliyah. Most of Israel's population is made up of either immigrants, their children, or their grand-children. Almost everyone in Israel is a product of some immigration - this is the nature of a mass population influx. As we have noted, the Aliyah story is embedded deep within the national conscience of Israeli Jews. Aliyah still continues today, especially from places of hardship such as Argentina, France, and the former Soviet Union.

Today, there are roughly the same amount of Jews in North America as there are in Israel. American Jewry has not been subjected to the hardships of other communities and this comfort probably accounts for the minuscule proportion of American Aliyah. American Jewry has a large Orthodox contingent who, more than other Jewish sectors, visit Israel regularly or study there for some time. A strong connection between Orthodox Jews and Israel is maintained because of the religious significance that the land of Israel has in Judaism. More secular-minded Jews also maintain a connection to Israel by vacationing in Israel, spending time on kibbutz, or studying abroad in Israel. Birthright, a program created to foster a connection to Judaism and Israel in young people, takes Jews who are 18-26 on a free ten day trip to Israel, and in general, the advent of air travel has made Israel accessible to Jews of the Diaspora. However, Aliyah is quite another thing. Aliyah is a decision that can be imposed by anti-Semites, or can be cultivated by ideology and love. American Jewry is at a decisive crossroads. Intermarriage and aging, a hint of anti-Semitism, a glorious Israel, a G-dly commandment, an economic downturn. Will any of these factors help bring about a mass American Aliyah?

Even without a massive influx of Jews into Israel, the current trends show that the majority of Jews will be living in the Land of Israel in approximately twenty years. What, if any, are the Halachic ramifications of this phenomenon? Will there be changes in the Halachic status of Eretz Yisrael? With our knowledge of the approaching Rov phenomenon ("Rov" meaning "majority" in hebrew, referring to the majority of Jews in the Land of Israel for the purposes of this analysis), are there any actions that we must take in preparation? "Mi Hachacham, Ha'roe Et Ha'nolad" Our sages say that a wise man is one who can discern future events. Given that the Hebrew University study accurately predicts the demographic reality of Rov Yehudim B'eretz Yisrael, Halachic authorities must recognize this change and establish guidelines to properly deal with its arrival.

THE TORAH

There are various verses in the Torah that refer to the coming of Jews to the Land of Israel. The threshold verse for the topic of Rov comes from the Book of Bamidbar, Parshat Shelach, Chapter 15; 18-19. "'Speak to the Children of Israel and say to them: When ye come to the Land to which I bring you; it shall be when you will eat of the bread of the Land, you shall set aside a portion for Hashem." The topic here is the mitzvah of Challah, in which a portion of dough that is about to baked into bread is separated and given to a Kohen, a Jew of the priestly tribe. The Torah uses the words "B'voachem El Ha'aretz", (when ye come into the Land) to describe the point at which this mitzvah becomes Biblically mandated. The Oral Torah (Ket. 25a), explains this verse to mean 'Bi'at Kulchem, Ve'lo Bi'at Miktzatchem' "The arrival of all of you, and not a small part of you." Meaning to say that it is not the arrival of individuals which causes this mitzvah to become Biblically mandated, rather it is the arrival of a mass group of Jews to the Land which turns on the Biblical mandate. Herein lies the basis of the Rov doctrine: the Biblical demand for all the Jews to arrive meets the rabbinical concept of Rubo Ke'Kulo, 'a majority of it, is like all of it,' and thereby a majority of Jews arriving in the Land is made equal to the demand of all and is said to be enough to biblically mandate Challah (Rav Shlomo Zevin, Ha'medina Ha'ivrit Ve'kedushat Ha'aretz.)

Furthermore, according to the Tosfot and the Tosfot Rosh on Gemara Nidah 47(a) the "B'voachem" of Challah is not the only time we learn "Bi'at Kulchem," rather, other language that connotes a coming or arrival of the Jews in the Land of Israel such as "Ki Tavo'u" (when you will come) and "Ki Yaviecha" (when He will bring you) also refers to a time when a majority of Jews are on the Land. 'Ki Tavo'u' is mentioned in many places in the Torah including by the commandment of Orlah (not to harvest the fruit of trees in their first three years) and Shmittah, the Sabbatical seventh year of the Land. If these two commandments become biblically mandated by a Bi'at Kulchem, that is, the arrival of a time when the majority of Jews are on the Land, then, through rabbinical extrapolation, a whole host of other commandments may become biblically mandated as well.

THE RAMBAM'S AMBIGUOUS POSITION

The Rambam discusses the time of the second Jewish commonwealth and the arrival of the Babylonian exiles with Ezra at their head. The Jews who followed Ezra were few, 42,360, and constituted a small part of the Babylonian Jewry and in no way created a majority of Jews in the Land of Israel. The Rambam explains this in two places. In Hilchot Bikurim 5;5 he states: "One is liable to dough offering, Challah, according to the Torah, only in the Land of Israel, as it is said, When ye eat of the bread of the land (Num, 15;19), and only when all Israel are there, as it is said, [B'voachem] When ye come into the land, implying, when all of you come and not just some of you. Therefore at this time, and in the days of Ezra even in the Land of Israel, one is liable to dough offering [Challah] only according to Scribal law, as we have explained in regard to Terumot, Heave offering." Furthermore, the Rambam states in the Book of Holiness (Kedusha - Isurei Bi'a) in chapter 20;3 "Dough offering at the present time, even in the Land of Israel, is not of scriptural sanction, since Scripture says, [B'voachem] when ye come into the Land whither I bring you (Num 15;18) implying the coming of all Israel, not of only a part of it, and when they went up into the Land in the days of Ezra, not all Israel did go up. Similarly, heave offering nowadays is eaten on the authority of the Scribes, and consequently priests of the present day, who are priests by presumption only, may eat of it."

We see that the mitzvah of Challah, is the first to be affected by the phenomenon of Rov Yehudim, majority of Jews, in the Land of Israel. Currently, Challah is only Derabbanan, Scribal law, and therefore the separated portion is usually burned in the oven of the home or business. But what needs to be prepared when Challah becomes Deoraita, Biblical law? The people of Israel need to be made aware of the laws pertaining to this mitzvah and how to fulfill the commandment properly. Even if Challah is the only mitzvah to be affected by the Rov phenomenon, fulfilling it properly would take the Jewish people a giant step forward in preparation for Temple service.

However, the Rambam goes on to link the Biblical mandate of Terumot (Heave offering) and Maasrot (Tithes) to the concept of Bi'at Kulchem, 'the arrival of all of you' (which we have explained refers to the arrival of a majority of Jews to the Land of Israel i.e. Rov). In Chapter 1;26 of Hilchot Terumot (Heave Offering) the Rambam states:

In our time the heave offering is obligatory not by the authority of the Torah but by Scribal law, even in places seized by those who had come up from Babylonia, or even by those who had come later in the days of Ezra. For there is no heave offering authorized by the Torah except in the Land of Israel alone, and at a time when all the children of Israel are there, as it is said When ye are come (Ki Tavo'u), implying, when all of you shall have come, as they did at the first settlement, and as they are again to do at the third settlement, not as they did at the second settlement in the days of Ezra, when only some returned, wherefore the Torah did not obligate them.

It would consequently appear to me that the same rule should apply to Tithes, namely that in our time they should be due by scribal law only, just as is Heave offering.

The Rambam teaches us that Terumot and Maasrot (Heave offerings and Tithes) are applicable biblically when the Rov of Jewry is present in Israel. It seems that Rambam is connecting the law of Challah to that of Terumah by their shared nature (i.e. both are an act of giving a portion to the priest) and their shared verse in the Torah (i.e. the same pasuk, verse, that speaks of Challah, speaks of raising a Terumah to Hashem). The connection of Maaser to Terumah makes sense as well because both of these are holy separations taken from produce of Eretz Yisrael. However, when the Torah speaks of Maaser, it does so in the context of the Shmittah cycle. Unlike Terumah which is separated every year, Maaser has different requirements which vary with the Shmittah cycle. If the giving of Maaser is dependent upon the majority of Jews living in the Land of Israel, could it be that the counting of the Shmittah cycle is also dependent upon the Rov?

This question is further strengthened and much complicated by the Rambam's use of the term "Ki Tavo'u" to learn Bi'at Kulchem (ibid) instead of the Gemera's "B'voachem - Bi'at Kulchem," learning. In other words, the Rambam switches the Talmud's usage of the term used to connote the requirement of majority (from mitzvah Challah) and instead uses one that is found in other places, including the Biblical term requiring the observance of Shmittah! "Speak to the Children of Israel and say to them: When you come {Ki Tavo'u} into the land that I give you, the land shall observe a Sabbath rest for Hashem" (Sefer Vayikra, Parshat Behar, 25;2).

The Maharit (Teshuvot 1:25), Mabit (Teshuvot 2:64) and Rav Chaim Soloveitchik (commentary to the Rambam's Hilchot Shmittah V'yovel 12:16, see below.) all believe that the Rambam's extrapolation of the Rov requirement from Challah to Terumot and Maasrot applies equally to Shmittah.

Furthermore, according to the Tosfot and the Tosfot Rosh on Gemara Nidah 47(a) the "B'voachem" of Challah is not the only time we learn "Bi'at Kulchem," rather, other language that connotes a coming or arrival of the Jews in the Land of Israel such as "Ki Tavo'u" (when you will come) and "Ki Yaviecha" (when He will bring you) also refers to a time when a majority of Jews are on the Land.

Finally, the Rambam in Hilchot Beit Habechira (Laws of the Temple) Chapter 6, Halacha 16 states that: "every place that was possessed by those who had come up from Babylonia and hallowed by the second sanctification of Ezra is holy today, even though the land was later wrestled from them; and the laws of the Sabbatical year and the tithes appertain thereto in the manner we have described in the Laws Concerning Heave Offering."

The amalgamation of these four factors: 1. that Maaser is tied in to the Shmittah cycle 2. that the Rambam uses Ki Tavo'u instead of B'voachem 3. that Tosfot also hold that Ki Tavo'u can refer to Rov, and 4. that Rambam himself clearly references Shmittah to the learning of Bi'at Kulchem of Terumah, tends to show that the Rambam believes that the arrival of a Bi'at Kulchem, a majority of Jews in the Land of Israel, will make Shmittah, applicable on a Biblical level.

However, if the Rambam's position is really that Shmittah is dependent on Bi'at Kulchem and therefore Rov, then it would seem to contradict another contentious Halacha. The Rambam writes in Chapter 10;9 of Hilchot Shmittah and Yovel:

Whenever the Jubilee is in force, the law of the Hebrew bondsman, of houses in walled cities, of the devoted field, and of the field of possession are also in force; resident aliens may be accepted; the Sabbatical year is operative in the Land of Israel; and the cancellation of cash debts is effective in all places - all this according to the Torah. Whenever the Jubilee is not in force, none of these are in force, excepting the Sabbatical year in the Land of Israel[.], [and] the cancellation of cash debts in all places, [both] only according to Scribal law, as we have explained.

Some editions of the Rambam have the words in the parentheses and others do not. The argument over the proper text is based on the question of whether Shmittah is linked to Yovel or not. One plausible read of the above text yields a clear definition of Shmittah as being dependent on Yovel for its biblical mandate. This would follow Rebbe's opinion in Gemara Gittin 36(a) in which he states that when Yovel is inoperative, Shmittah becomes inoperative as well.

An equally plausible read of the above Rambam would make Shmittah totally independent of Yovel, having biblical mandate even when Yovel is inoperative. This would be in accordance with Rabbanan's view in Gemara Gittin who reject Rebbe's assertion that Shmittah and Yovel are linked. According to this view Shmittah has biblical mandate in the Land of Israel today, even without the requirement of Bi'at Kulchem, the majority of Jews on the Land.

For Yovel to be operative, the Rambam writes in Hilchot Shmittah and Yovel (10:8) "When the Tribes of Reuven and Gad and half of the Tribe of Manasseh were exiled, Jubilees ceased, as it is said, And proclaim liberty throughout the land unto all the inhabitants thereof - L'kol Yoshvei'a (Lev. 25:10) implying, that all its inhabitants are there, and the Tribes are not intermixed, and everyone is corrrectly situated." L'kol Yoshvei'a, all the inhabitants, is a different requirement than that of Bi'at Kulchem. On the face of it, Kol Yoshvei'a seems like a much stricter requirement than Bi'at Kulchem because it requires everyone to be at their station. However, some authorities think that a representation of each tribe is enough to constitute Kol Yoshvei'a.

Rav Yosef Karo, the author of the Kesef Mishna, believes that the Rambam holds that Shmittah is mandated by biblical law even today. For the Kesef Mishna, Shmittah is a land-based mitzvah, and since the Rambam holds that the holiness of the Land imbued by Ezra's arrival in Israel never waned (Beit Habechira 6;16), Shmittah has the full mandate of biblical law today. The Kesef Mishna holds that the Rambam's view regarding Bi'at Kulchem and Rov applies only to Terumot, Maaserot and Challah, but does not apply to Shmittah as we have suggested.

So what does the Kesef Mishna do with Hilchot Beit Habechira (Laws of the Temple) Chapter 6, Halacha 16 which states that: "the laws of the Sabbatical year and the tithes appertain thereto in the manner we have described in the Laws Concerning Heave Offering" i.e. Bi'at Kulchem? On that Halacha, the Kesef Mishna is silent. We can postulate that for the Kesef Mishna the baseline obligation of Shmittah is biblically mandated, however, the counting of Shmittah cycle on a national level will resume with Bi'at Kulchem, the majority of Jews in the Land of Israel. This may comport with the view that the State of Israel's modern control over the Land has revived the Kedusha that was left dormant from the period of the Second, and maybe even the First Commonwealth. (See Rav Chaim Soloveichik's position below. See also Teshovot Tzitz Eliezer 10:1, Rav Shlomo Zevin in Techumin 10:24-25, and Rav Zev Whitman in Likrat Shmittah Mamlachtit Bimedinat Yisrael 156-164).

Rav Chaim Soloveichik's position:

Rav Chaim begins with a question on the Rambam's ruling in the Law of Shmittah and Yovel (12; 15-16) which states that:

15. ...When the children of Israel were exiled at the time of the destruction of the First Temple, the sanctity of cities walled in the days of Joshua ceased. When Ezra came up at the time of the second return, all the cities that were encircled by a wall at that time became sanctified, inasmuch as the coming up of the Israelites in the days of Ezra, which was the second coming up, was analogous to their coming up in the days of Joshua: just as at their coming up in the days of Joshua they commenced counting septennates and Jubilees, sanctified houses in walled cities, and became liable to tithes, so also did they do the same when they came up in the days of Ezra.

16. Similarly in the days to come, at the third coming up, when the Israelites shall reenter the Land, they will commence counting septennates and Jubilees and sanctifying houses in walled cities, and all places occupied by them will become liable to tithes, as it is said, And the Lord thy God will bring thee into the land which thy fathers possessed, and thou shalt possess it (Deut.30:5), thus comparing your possessing of the Land to your fathers' possessing: just as your fathers' possessing involves the renewal of all these thing, so does your own possessing.

Rav Chaim asks a simple question: why will 'houses of walled cities' be sanctified in the Third Aliyah; shouldn't they have remained sanctified with the sanctification of Ezra which was never negated? The Rambam's use of Ki Tavo'u to connote Bi'at Kulchem instead of B'voachem in halacha 1;26 of Hilchot Terumot gives Rav Chaim the clue. Rav Chaim explains that the Rambam, in explaining the law of Terumot, uses the Ki Tavo'u mentioned by Shmittah. This is because the Torah links Terumot and Massrot (Heave offerings and Tithes) with the Shmittah cycle, and therefore, according to Rav Chaim, the Rambam believes that just as Terumot and Massrot (and Challah) become biblically mandated by Bi'at Kulchem, so does Shmittah! In other words, the Rambam uses the learning of Bi'at Kulchem from Ki Tavo'u precisely to teach us that Shmittah too is bound by the coming of a majority of Jews, a Bi'at Kulchem.

But how does this answer the question about the sanctity of 'houses of walled cities'? Rav Chaim explains that Bi'at Kulchem is a component in both the holiness and inheritance of the Land of Israel - without a Bi'at Kulchem, the holiness and inheritance of the Land is simply incomplete. A large in gathering, a Bi'at Kulchem, completes the process of sanctification begun at Ezra's time. A Bi'at Kulchem solidifies the holiness and inherence of the Land in such a way as to make Terumot, Maasrot, and Shmittah biblically mandated. Furthermore, it sets the stage for Yovel to become biblically mandated. Yovel, however, needs the additional requirement of Kol Yoshve'ia Aleiha, all the inhabitants to be on it, for it to take affect. Rav Chaim understands the Rambam's position to be that Bi'at Kulchem changes the status of the Land to such an extraordinary degree as to effectuate the completion of Ezra's initial sanctification which was never negated and yet never fully consummated.

Rav Chaim takes it one step further: if Terumot, Maasrot, and Shmittah become biblically mandated, then it is necessary to establish a proper Shmittah cycle by counting the fiftieth year. In Ezra's time, both Shmittah and Yovel were only Rabbinically mandated, yet Yovel was counted to establish a proper cycle. With exile, those who remained in the Land of Israel counted only the Shmittah years without counting the fiftieth year (Rambam Shmittah Ve'Yovel 10;5). For Rav Chaim, an in gathering of the majority of Jews in the Land of Israel, a Bi'at Kulchem, would mandate the reinstatement of the count of the fiftieth year in order to make Shmittah cycle viable. Even without the requirement of Kol Yoshvei'a Aleiha, which would biblically mandate Yovel, Bi'at Kulchem could biblically mandate the count of the fifty year cycle.

With regard to 10;9 of Hilchot Shmittah and Yovel in which the Rambam seems to imply that Shmittah is either linked to Yovel and therefore only rabbincally mandated (like Rav) or that Shmittah is fully biblically mandated from the time of Ezra (like Rabbanan), Rav Chaim falls out somewhat in the middle. He probably believes that the Rambam agrees with Rabbanan that Shmittah is separate from Yovel, and he therefore reads the Halacha in question as referring to a time when a Bi'at Kulchem has already been achieved and is biblically mandated. For Rav Chaim the Halacha is read: "Whenever the Jubilee is not in force [because the requirement of Kol Yoshvei'a Aleiha is not met], none of these are in force, excepting the Sabbatical year in the Land of Israel [if a Bi'at Kulchem is in effect in the Land], [while] the cancellation of cash debts in all places, [is] only according to Scribal law, as we have explained."

A fascinating proof for Rav Chaim's position comes from the text of the Rambam in the Laws of Heave Offering, Bikurim, 1;2. The Rambam states:




Whenever the term of "Land of Israel" is mentioned, it refers to the lands conquered by an Israelite king or by a prophet with the consent of the majority of Israel. This is the so-called, Kibush Rabim, national conquest.

If, however, an individual Israelite family, or Tribe, has gone forth and has conquered a place for itself, even if it is part of the land given to Abraham, it is not called Land of Israel insofar as all the commandments would apply thereto.

It is for this reason that Joshua and his court have divided all of the Land of Israel among the Tribes, even though it had not yet been conquered, in order that there should be no conquest by single individuals when each Tribe proceeded to conquer its own share.

The Rambam seems to be saying that without the majority's consent, the laws which pertain to the Land of Israel do not apply. It may be argued that real consent to conquer land can only be given when the majority of Israel are on the Land and have a stake in the conquest. Jews living in the Galut, the Diaspora, who do not face the dangers of war, may not have a vote or ability to consent. However, when the time of Rov does arrive in the Land of Israel, it may be only then that Land of Israel will receive full status for the laws pertaining to it. This is the position of the Mabit and Maharit.




For Rav Chaim, Bi'at Kulchem apples to the sanctification of Land, as well as to its inheritance and the Rambam here seems to agree with both points. Regarding inheritance of the Land, the Rambam states that full conquering needs a majority of Jews, and regarding sanctification of the Land, the Rambam says that without a proper conquering, the Land itself does not have full commandment status. Although Rav Chaim does not use this Rambam in his writing, it seems that this interpretation of the Rambam would bolster his approach.

This understanding of the Rambam could suggest that a Bi'at Kulchem, a majority of Jews in the Land of Israel, has the ability to sanctify all the areas which were conquered by the State of Israel including those areas which were not mentioned in the Torah.

Summary of Shmittah Opinions.

As we have said, the Maharit (Teshuvot 1:25), the Mabit (Teshuvot 2:64) and Rav Chaim Soloveitchik (commentary to the Rambam's Hilchot Shmittah V'yovel 12:16) all believe that the Rambam applies Bi'at Kulchem as a prerequisite of a Biblical Shmittah mandate. This means that upon the arrival of a majority of Jews in the Land of Israel, Shmittah will become Deoraita. Other prominent Acharonim rule in accordance with the view of the Kesef Mishna and the Raavad, that Shmittah today is biblically mandated. These authorities include the Netziv (Tehshuvot Meishiv Davar - Kuntress Dvar HaShmittah), and Rav Yechiel Michel Epstein (Aruch Hashulchan Heatid 1:1). The Bait Halevi (Teshuvot 3:1) concludes a lengthy review of the subject by stating that a majority of Rishonim believe that Shmittah nowadays is biblically mandated. However, most twentieth century authorities rule that Shmittah today is only a Rabbinical obligation. These authorities include Rav Avraham Yitzchak Hakohen Kook (introduction to Shabbat Haarretz), the Chazon Ish (24:7), Rav Shlomo Yosef Zevin (L'ohr Hahalacha page 110), and Rav Shlomo Zalman Auerbach (Teshuvot Minchat Shlomo 1:44). (For an excellent review of Shmittah issues see Rabbi Howard Jachter's articles at www.koltorah.org)

Although it is not within the scope of this paper, it is important to note that the Heter Mechira, the leniency which permits the selling portions of the Land of Israel to non-Jews in order to enable farming on the Shmittah year, is based, for some authorities, on the premise that Shmittah in our time is only rabbinically mandated. A Bi'at Kulchem, as we have seen, may change the status of Shmittah, thereby negating the justification for Heter Mechira.

Other effects of Bi'at Kulchem.

We have stated so far opinions which see Bi'at Kulchem as actualizing the commandments of Challah, Teromot, Maasrot, Shmittah, and the counting of the fiftieth year in the Shmittah cycle. We have also stated that Bi'at Kulchem may affect the sanctity of the Land of Israel, including those areas captured by the modern state of Israel, and may end the applicability of Heter Mechira.

The Sefer Ha'Chinuch (Mitzvah 216) believes that even the commandments of Lekket (leaving the dropped harvest gleanings for the poor), Shikcha (leaving the forgotten sheaves for the poor) and Pe'ah (leaving the corner of the field for the poor) are also dependent on Bi'at Kulchem because these charitable commandments are linked to the concepts of Terumot and Maasrot which, as we have seen, are dependent upon Bi'at Kulchem.

Furthermore, some opinions hold that Orlah (not harvesting the fruit of trees in their first three years), and its companion mitzvah, Neta Revai (eating the fruits of the fourth year in Jerusalem) are also dependent on Bi'at Kulchem. (For a good summary of these opinions see Encyclopedia Talmudit: Eretz Yisrael, Mizvot Ha'Teluyot Ba'aretz.)

Conclusion.

Bi'at Kulchem is a fascinating phenomenon which we hope to witness in our lifetime. The arrival of a time when the majority of Jewish people are living in the Land of Israel is another giant leap in our great return to the Holy Land and to Temple service. The body of the Jewish people is being reborn on our ancient soil, and with that, our ancient ways are being reborn as well. The laws that will become biblically mandated at the time of Bi'at Kulchem will challenge us to fulfill them properly. It is incumbent upon us to begin a full debate on this topic, one which will initiate preparation for implementation of the law.

Hashiveinu Hashem - Ve Nashuva, Chadesh Yameinu Ke'kedem, Return us, Hashem, and We Shall Return, Renew our Days as of Old. We have waited for two thousand years for this renewal and now the prophecies are coming true. May we find merit in G-d's eyes to live in the times of the Holy Temple in Jerusalem. Amen.

I would like to thank my chavrutah (study partner) Yaakov Weisenberg for his dedication, patience, and love of learning Torah Lishma. "

Yishai Fleisher for Kumah

- posted by Izak @ 2:00 AM