Parshat Behar describes the laws of Shmita and Yovel. Shmita is involved with ecology. Every seven years the land is given a Sabbatical. G-d tells the Jewish people that just like he gave them Shabbat, so too should they give the land a Shabbat. Every seventh year the land is to be allowed to sit fallow. 5782(2021/2022) will be the next Shmita year. Even though Shmita only applies to Israel and the Jews living there, it is important that all Jews understand Shmita and recognize the Shmita cycle. The ecological significance and underlying notions surrounding Shmita provide a roadmap of how to live. We are reminded to conserve our natural resources and to protect our environment. On a more personal level it teaches us to live beyond today and to plan for the future. What goals do I need to set for myself in order to accomplish my visions of the future?

Yovel, the 50^th year following 7 Shmita cycles, is the Jubilee Year. It is treated as another Shmita year for agriculture. Hence, special planning is required in the 48^th year to support years 49 through 51. Year 49 is a Shmita year. Year 50 is a Yovel year. Year 51 finds itself without provisions since no planting had taken place the previous two years. Yovel, unlike Shmita, is not limited to agriculture. All slaves are set free, including indentured servants. All sales of land are undone with property returning to its original owners. Thus, leases in Israel are limited to 49 years. The land belongs to G-d. People are only entitled to temporary use. The exact count of Yovel years is disputed, since the laws of Yovel no longer apply. Although we still count Shmita cycles, it is not clear that the current counting is accurate. If the Holy Temple is rebuilt in Israel, the Shmita count will begin anew and accurate counting of Shmita cycles and Yovel will then be possible.

So, what is the connection between Behar and Bechukotai? Why have these Parshaot been combined? In Bechukotai, G-d promises the Jewish people that if they keep His Commandments, He will then provide rain for their crops. If they do not, a number of enumerated punishments will transpire. The proverbial carrot and stick approach. The nexus between the Parshaot should, therefore, be obvious.

This week’s Parshaot provide an excellent overview of Jewish life in Biblical times and succeeding days when Jews were primarily involved in agriculture. There is much that we can gain by emulating Shmita and Yovel to create a better ecologically sound and fairer world. Perhaps in the future the Holy Temple will be rebuilt and the laws of not only Shmita, but also Yovel, will be reinstated.

Yom Tov Sheini (not to be confused with Pesach Sheini) observes the second day of Pesach, Succos and Shavuos as a Yom Tov. It is a long-standing tradition dating back at least 2000 years and perhaps as early as the time of Joshua. There was originally grave concern regarding the actual timing of holidays and other events, e.g. Rosh Chodesh. The modern Jewish lunar calendar had not yet been fully established. Moreover, difficulties were encountered in notifying outlying communities when holidays/events began. A second day of Yom Tov was, therefore, declared as a safeguard. When the modern Jewish calendar developed the need for a Yom Tov Sheini arguably disappeared. Or did it? Today orthodox and many conservative Jews continue to observe a Yom Tov Sheini. Reform Jews abolished the need for this observance in 1844. Also, Jews living in Israel do not observe it. So is it really necessary? Is there any rational reason to continue this practice outside of Israel?

Many justifications are offered for not having a Yom Tov Sheini. Some people simply do not see its need in light of the accurate modern Jewish calendar. Others want to follow in the footsteps of the Israelis and even consider it a matter of solidarity. What is clear is that more and more Jews are abandoning the practice.

My great grandfather had an interesting way of looking at religion. He was a great scholar and very religious; a true Tzadik. When asked to comment on the trend toward atheism among Zionistic Jews he responded that if there is no G-d and one spends his entire life believing in G-d, what does he really lose? On the other hand, if one continually denies the existence of G-d and G-d actually exists … Perhaps  this approach is of equal relevance to the issue at hand.

Having been an attorney I am particularly interested in the legal justification for a Yom Tov Sheini. In the U.S. jurisprudence system there is a principle called stare decisis. This concept recognizes that when a final court determination is rendered, it remains the law unless and until a court of equal or superior authority overturns it. Stare decisis, by the way, is nothing more than a restatement of a similar rule under Talmudic law. The Sanhedrin during the time of the Second Temple and the Babylonian exile dealt with the issue of Yom Tov Sheini. By then the Jewish calendar had fully been developed. Nevertheless, it ruled that a Yom Tov Sheini must be observed. No subsequent Sanhedrin reversed the decision. One might argue that a Sanhedrin does not exist today to reconsider the issue. Until such a court is established, or some equivalent Jewish ‘Supreme Court’, the existing Sanhedrin ruling under stare decisis (or the equivalent Jewish rule) still stands.

You might wonder what motivated the Sanhedrin to render its decision. Although this may be subject to some speculation, what is clear is that there were at least two overriding considerations. First, the Sanhedrin recognized the need to perpetuate tradition. Second, there was a concern that if Jewish observance is relaxed a tyrannical government may use this as a justification to totally abolish Jewish observance.

It is such an important part of Jewish practice. Although customs vary among Jews, especially between Sephardic and Ashkenazic Jews,  some customs are long-standing and widespread. Among these customs is Yom Tov Sheini, assuming it is only a custom and not a court rendered law. So, what about the Israelis? Are they wrong in not observing Yom Tov Sheini three times a year? No! The Israelis, as part of the overall scheme of Judaism, are allowed certain proviledges merely because they live in Israel. More significantly, the ruling of the Sanhedrin was not directed at them. It was only directed at diaspora Jews.

An attempt was made this Pesach to convene a Yom Tov Sheini service at Kehillat on the second day of Pesach. The attempt to get a definitive commitment from ten post Bar/Bat Mitzvah congregants failed. Perhaps after reviewing this article, future efforts will be more fruitful. This article however, only represents one man’s opinion. I would be interested in your thoughts.