Halakhah к Шмот 34:21

The notion that a Jew in outer space or in the polar areas is exempt from even some mizvot³⁶See R. Ben-Ẓion Firrer, No‘am, XIII, 196-202. has been branded far-fetched or worse by a number of rabbinic writers.³⁷See R. Joseph Mashash, Teshuvot Mayim Ḥayyim, no. 111 and R. Menachem Kasher, “Ha-Adam al ha-Yareaḥ,” No‘am, XIII (5730), 51-54. Indeed, one can readily empathize with that reaction and, despite the fact that the alternative theses that have been advanced seem to be at least as far-fetched, this writer would not have the temerity to advance that thesis without at least minimal support. Support for this view is found in the writings of an anonymous scholar quoted by R. Joseph Mashash, Teshuvot Mayim Hayyim, Oraḥ Hayyim, no. 111. Rabbi Mashash reports that he was shown a manuscript authored by an unnamed scholar described as "one of the sages of the generation." That scholar is certain that persons finding themselves in such locales are exempt from Sabbath observance "because the Torah predicated the matter upon days, as it is written 'six days shall you labor and on the seventh you shall rest' (Exodus 34:21). Unless otherwise specified, "days" are composed of twenty-four hours. Since [in the polar regions] there are no days, there is no Shabbat there."³⁸See also R. Naphtali Joseph Freund, Teshuvot Pnei Levi (Pietrkow, 5663), Kuntres Noẓer ha-Brit, sec. 46. Although Rabbi Mashash cites this view only to disagree with it, this writer finds the thesis advanced by this anonymous scholar to be entirely cogent and finds it instructive that neither Rabbi Mashash nor any other scholar has advanced evidence to counter that view.

The commandment of the releasing (shmitat) of lands: To make ownerless everything that the earth put out in the seventh year, which is called the shmitta (release) year, because of this process in which we are obligated; and that all who want to [take] its fruits may do so - as it is stated (Exodus 23:11), "But the seventh you shall release it and abandon it, and the needy among your people will eat of it, and what they leave the beasts will eat; you shall do the same with your vineyards and your olive groves." And the language of Mekhilta DeRabbi Shimon bar Yochai 23:11: "And were the vineyared and the olive groves not included?" [This] means to say that the beginning of the verse that stated, "release it and abandon it" includes everything that grows in the earth, whether they are fruits of the tree or fruits of the ground. And [so] why did Scripture specify these two? "To compare the other types of trees to the vineyard, to teach that like there is a positive commandment and a negative commandment with the vineyard - as behold, it is written explicitly about it (Leviticus 25:5), "and the grapes that you set aside, do not reap" - so too, is there a positive commandment and a negative commandment in all of the other trees." And hence, it specified vineyard and olive grove, to teach about this matter. As the intention of the verse was not specifically about the vineyard and olive grove alone, but rather it is the same with all the other fruits of the tree. Rather, it mentioned one of them and it teaches about all of them, as this is one of the devices through which the Torah is expounded. And this commandment to make all of the fruits ownerless and the other commandment that God commanded us to rest in it - as it is stated (Exodus 34:21), "and rest from plowing and reaping" - are [both] connected.

The commandment of the land resting on the seventh year: To cease work on the land on the seventh year, as it is stated (Exodus 34:21), "from plowing and from reaping you shall rest." And the explanation comes that it is speaking about the seventh year, that we were commanded not to be occupied with work on the land at all. And this commandment is repeated in its stating in another place (Leviticus 25:5), "it shall be a year of complete rest for the land." And so [too,] "the land shall observe a Shabbat for the Lord" (Leviticus 25:2). And above I have already written all of its content completely (Sefer HaChinukh 84) in the Order of Eem Kesef Talveh et Ami in the commandment of "But in the seventh you shall let it rest and lie fallow" (Exodus 23:11) - even though its place is here.