The Halachic Significance of T”U B’Shevat

for Those Who Reside in the Diaspora

 

R. Yaakov Bieler

Parashat BeShalach, 5769

 

            One of the most well-known songs associated with T”U[1] (the 15th of) B’Shevat begins, “T”U B’Shvat Higia, Chag HaIlanot[2] (the 15th of Shevat has arrived, the holiday of the trees.” However, to refer to this day as a Chag (a joyous festival) appears to fly in the face of the true nature of the day, in accordance with the first Mishna of Rosh HaShana:

 

Mishna Rosh HaShana 1:1

There are four Roshei Shanim (beginnings of the year)…

On the first of Tishrei is the Rosh HaShana for the”years” (i.e., the beginning of the secular year;[3] the commemoration of the Creation of the world, which is also known as Yom HaDin [the day of Judgment]—see  VaYikra 23:24-5; BaMidbar 29:1-6) and the Sabbatical years (VaYikra 25:1-7) and the Jubilee years (Ibid., 8-13), and for planting (to calculate the years of Arla—Ibid., 19:23) and for vegetables (with respect to giving the tithe of a tenth—Devarim 14:22-3)…

On the first of Shevat, the Rosh HaShana for the tree, in accordance with the words of Beit Shamai.

Beit Hillel says: On the fifteenth of the month.

 

The assumption that even a Rosh HaShana for trees is a day of judgment along the lines of the first of Tishrei is developed by the following popular commentator in his book on the significance of the days of the Jewish year:

 

R. Eliyahu KiTov—Sefer HaToda’ah (Machon LeHotzoat Sefarim, Yerushalayim, 1969,) p. 213.

Rosh HaShana for the tree is also a time for prayer and judgment for the tree. For this is the approach of the Holy One, Blessed Be He, that at the beginning of the sprouting/flowering of every one of His Creations (Tishrei therefore marks the day of judgment for the Creation in its entirety including that of man), He Surveys all of its times/deeds to the end of its life, and therefore this is a time for prayer regarding its success. And the Tora compares man to a tree (Devarim 20:19). Therefore this day is a day of judgment for man as well since he is compared to a tree. And this is the nature of this nation that they rejoice even on their day of judgment, however the judgment turns out, as long as everyone sees that there is “Yeish Din VeYeish Dayan” (a Law and a Judge.) And because Israel loves judgment and rejoices in it, therefore they emerge vindicated in judgment.

 

R. KiTov notes that the same ambivalence that Jews feel at the beginning of Tishrei—we eat festive meals and dress in Yom Tov clothing; yet we do not recite Hallel since no individual is assured that s/he will be inscribed in the Book of Life—is appropriate on T”U B’Shvat as well. Consequently, referring to this day as a pure “Chag” is not in keeping with Jewish tradition. It is for this reason that the joy of the day is ritually manifest only in the deletion of Tachanun[4] and LaMenatzeach from the regular prayers, but nothing further. We celebrate the advent of the spring season in Israel; however there is a sobering aspect to the day.

 

            Just as one can draw a significant inference when distinguishing between a “Chag” in contrast to a “Rosh HaShana,” the commentary Benai Yisachar innovatively hypothesizes about another aspect of the aforementioned Mishna:

 

Benai Yisachar (cited in R. Avraham Yitzchak Sperling, Sefer Ta’amei HaMinhagim U’Mekorai HaDinim, Eshkol, Yerushalayim, p. 370, #866.)

The reason why the Tanna in the Mishna said, “On the first of Shevat, the Rosh HaShana for the tree (singular; as opposed to the more grammatically correct “Ilanot”) in accordance with the words of Beit Shamai. Beit Hillel says: On the fifteenth of the month,” in the singular, and he didn’t say, “trees” as in the other cases[5] (cited by the Mishna), this is to hint at the tradition that we have received from our teachers to pray on T”u B’Shevat for the Kosher and beautiful Etrog that the Holy One, Blessed Be He, will Prepare for me at the time of the fulfillment of the Mitzva. This is the day when the sap begins to flow in the trees, and it will do so in accordance with the merit of each member of the Jewish people. How good and appropriate for a person to pray on that day when the first foundations of the blossoming are establishes, that God will Appoint for him at the necessary time a fruit from a beautiful tree…

 

Benai Yessachar’s insight draws attention to the idea that each individual has a unique relationship with those plants that provide him with his personal needs, be they related to his physical or spiritual sustenance. As another cycle begins for fruit trees, we should realize that it entails our being judged and that just as on Rosh HaShana itself, the manner by which to change less than optimal decrees is via Teshuva, Tefilla and Tzedaka[6] (repentance, prayer and charity.)

 

            However, both the interpretation that T’U B’Shevat should be treated as a Day of Judgment as well as the opportunity to pray that the upcoming year’s crop should be successful and personally satisfying as well as fulfilling, appears to still miss the basic point of the Mishna that we have been discussing. R. Shimshon Rephael Hirsch casts this occasion in terms of the various agricultural responsibilities placed upon those who farm the land of Israel:

 

Collected Writings of R. Samson Raphael Hirsch, Vol II, The Jewish Year: Part II, Feldheim, New York, pp. 319-22.

 

And when Nature in her bounty shakes her now ripened products into the bosom of expectant man and his possession and enjoyment begin, Arla[7] and Chadash[8] preach self control…

And when you put the sickle to the corn, when you shake the fruit-laden trees and cull the rich grapes from the vine, then “love” comes up to you saying, “Do not take all for yourself, leave a corner of the field to the poor,[9] leave a branch of the tree to the poor,[10] leave to the poor what falls from your hand,[11] what you have forgotten,[12] banish from the start to think lovingly of the poor and needy, the widows and the orphans, to whom God has assigned their harvest in the field of your heart…

The fruits of the earth are brought by three processes to the final condition of nourishment of man: Nature ripens them in the field, human labor stores them in the granary, and domestic preparation fits them for the table. In each of these stages you stand quietly nd dedicate the first thing that comes to fruition to the source of all blessing and the goal of all ripeness; in the form of Bikurim,[13] Teruma[14] and Chala[15] you dedicate your field, your work, your table to your God and His Holy Word…

At the same time too you remind yourself tht the goal and consummation of your physical existence also is only in the service of God and the fulfillment of His Law. Hence no “whole”, no “ten” on Jewish soil can be set aside exclusively for physical enjoyment. Ma’aser, one tenth, a full one out of ten, a full tithe of all ripe produce brought into the granary, was devoted to the maintenance of the tribe whose task it had become to guard the Divine Spirit in Israel, which was to be the standard bearer of “virtue and light”, and “which had without fear of consequences to stand up for God, to guard His Word and keep His Covenant. (Ma’aser Rishon).[16]  The first tithe belonged to the spirit in Israel. But a second tithe of almost equal volume belonged to the body and was devoted to physical consumption, to pure, gladsome, sensual enjoyment. It was to be consumed in Jerusalem in the surroundings of the Sanctuary, with joy and gladness (Ma’aser Sheini)...[17]

In every third and sixth year of the septennial cycle this second tithe instead of being consumed by the owner, was given up wholly to the poor, the widows and orphans and needy in the country, Ma’aser Ani.[18] The question to which year any particular product belonged was decided according to whether it had germinated before or after the 15th of Shevat, the fixture of which in the calendar has led to these observations.

 

            Having the opportunity to observe these various Mitzvot is presented by the Talmud as the reason why Moshe was so desperate to enter the Land of Israel:

 

Sota 14a

R. Simlai interpreted: Why did Moshe our Teacher desire to enter the land of Israel? Did he need to eat from its fruit, or to satiate himself from the land’s goodness?  But this is what Moshe said: The Jewish people have been Commanded to fulfill many Commandments which can only be performed in the land of Israel. I will enter the land in order that I can personally fulfill these Commandments.    

 

Whereas R. Simlai was using Moshe as a foil for reminding Jews throughout the ages how precious we should consider any opportunity to engage in carrying out God’s Will, our living in Chutz LaAretz (outside of the land of Israel) not because life in Israel is terribly difficult and dangerous as it once may have been,[19] but because of all sorts of personal reasons, not only challenges the extent of our Zionism, but also the degree to which we are truly interested in fulfilling all of the Commandments of the Tora, including the Mitzvot HaTeluyot BaAretz (Commandments dependent upon the land of Israel) that R. Hirsch cited above. Even when in the Diaspora we have the opportunity to perform some of these Commandments, e.g., we find in the supermarket produce that comes from Israel and that would require tithing, many shy away from the products because they would just as soon not be troubled by such a requirement. In fact, the optimal attitude reflected in the passage just quoted from Sota would suggest that we should go out of our way to purchase such products, not only because this is a means by which we can support the Israeli economy, but also because it is one more Mitzva opportunity. As for the complexity of tithing, there are many books, Siddurim[20] and websites that describe exactly what to do and say.[21]

 

            But even residents of Israel, as the country’s economy becomes more technologically driven and there is less dependence upon agriculture, do not always avail themselves of or even are in a position where such Commandments present themselves for engagement. R. Hirsch who lived his entire life in Germany, was clearly sensitive to the problem of people not being positioned to fulfill and thereby derive the spiritual benefits of Mitzvot HaTeluyot BaAretz, and suggested the following strategy for at least partially trying to make up for this void:

 

Collected Writings, pp. 321-2.

In our Diaspora-life outside of Palestine[22] only faint echoes come to us of these noble precepts and the others connected with them. But if you wish to obtain an idea of the full grandeur of these laws, observe the practice of the “tithe on the earnings” Ma’aser Kesafim, which has been derived from them,[23] as it is still carried out in the truly Jewish spirit and with Jewish conscientiousness…

How splendid are the results of this single Jewish practice! Every Jew who is in the least independent has a charity fund to dispose of. Certainly it is only his own money, but still it does not any longer belong to him, and it is his only in so far that he has the sole and exclusive right of disposing of it. He therefore welcomes every opportunity of doing some good with the charitable fund which has been entrusted to him, and is his only to be laid out. He gives to suffering humanity what in any case already belongs to it, and his only thought is to spend the sums entrusted to his hands, whether large or small, in the most beneficent manner possible...

 

            While we may have all sorts of wonderful associations with T’U B’Shevat in terms of eating Israeli fruits and even participating in Sedarim that highlight the beauty and bounty of the Holy Land, we would be remiss were we not to keep in mind the true significance of the day—its association with the institution of supporting the poor and other charitable causes as a reflection not only of our generosity, but an acknowledgement of how God is Responsible for all that we have and are.



[1]Tet” = 9; “Vav” = 6; ==15.

[2] “Googling” this sentence in Hebrew results in any number of Hebrew sites containing these words. 

[3] The Jewish year with respect to the order of the Festivals—Pesach, Shavuot, Sukkot—begins with the month of Nissan, during which the Exodus from Egypt and hence the formation of the Jewish people, took place.

[4] See e.g., Shulchan Aruch, Orech Chayim 131:6.

[5]LaMelachim”, “LaRegalim”, “LaShanim” “LaShmitin”, “LaYovlot”, “LaYerakot” in contrast to “Ilan”.

[6] From the liturgical poem “U’Nesaneh Tokef” recited on Rosh HaShana and Yom HaKippurim.

[7] VaYikra 19:23.

[8] Ibid. 23:10-14.

[9] Ibid., 19:9.

[10] Ibid., 10; Devarim 24:20-1.

[11] Ibid., 9.

[12] Devarim 24:19.

[13] Devarim 27:1-11.

[14] BaMidbar 18:8.

[15] Ibid., 15:20.

[16] VaYikra 27:30; BaMidbar 18:21, 24.

[17] Devarim 14:22.

[18] Ibid. 14:28-9; 26:12.

[19] See Tosafot Ketubot 110b, d.h. Huh Omer LaAlot VeChulai.

[20] See Siddur Minchat Yerushalayim Kol Bo HaShalem, pp. 1024 ff.

[22] R. Hirsch died in 1888, and his collected writings were first published in German in 1902, well before the establishment of the State of Israel. Nevertheless the Wikipedia article (http://en.wikipedia.org/wiki/Samson_Raphael_Hirsch ) states that  it would appear from his communications with R. Zvi Hirsch Kalisher that he believed that resettlement of Israel should take place only after some Divine Indication. Of course, R. Menachem Kasher, in Kol HaTor, argues that the UN resolution was a Divine Revelation about the desirability of the establishment of a Jewish state.

[23] Aruch HaShulchan, Yoreh De’ah, Hilchot Tzedaka, 249:1

The Tur and the Shulchan Aruch have written the amount that a person should give (as charity), if a person can afford it, he should give in accordance with the needs of the poor, which is explained in Siman 250. And if he cannot afford such an amount, he should give up to 1/5 of his property as the optimal fulfillment of the Mitzva. And 1/10 is the amount that should be given standardly to fulfill the Mitzva.  If one were to give less, it reflects “Ayin Ra’ah” (cheapness.) And this 1/5 that we have stated, the first year it should be derived from the principle, and following that 1/5 of interest or profit…