Chapter 25 - Text Notes
1 Literally, "adjacent to."
2 Since all
the mitzvos were given at Sinai, why single shemittoh out
for mention as having been given there? Furthermore, since this is a
mitzvoh which is applicable only to the land of Israel, there is
even less reason for specifying that it had been given at Sinai; it
would have been more appropriate to give it just before the Israelites
entered Eretz Yisroel (M.L.).
3 As for example that the
mitzvoh of shemittoh applies only to Eretz Yisroel.
Similarly, the mitzvoh of tefillin does not apply to
Shabbos or Yom Tov (B.M.H.).
4 As for example the
particular agricutural activities which are forbidden during
shemittoh as well as those which are permitted; in the case of
tefillin, the rules regarding the retzu'os (straps)---all
these would be considered "specifications" or "minute details"
(B.M.H.).
5 As we see in the following parashoh,
where specific details and specifications are included along with the
general rules. The word mi-Sinai means, literally, "from
Sinai," implying that the mitzvos were given from (in
the temporal sense) Sinai for all time.
6 The reason that
this is stressed is that it is R. Yishmo'el's opinion that only the
general rules were given at Sinai, while the details were given in the
Tent of Meeting, Chagigah 6a); Rashi, following Sifra here, accepts the
opinion of R. Akiva that both the general rules and the specifications
were given at Sinai, repeated in the Tent of Meeting, and given a third
time on the Plains of Moab (D.H.).
7 Sifra Behar, par. 1,
1.
8 Literally, "the Mishneh Torah," the "Repetition of
the Torah," i.e., the Book of Devorim, which contains a reprise of
many of the mitzvos already set down in the other chumoshim
. B.M.H. notes that shemittoh here must refer specifically
to {Hebrew Ref} , "the rest of the land," when the land is
left fallow, and not {Hebrew Ref} , the cancellation of debts,
since that is mentioned in Devorim 15, 1--6.
9 I.e., every mitzvoh.
10 That is,
not for the land's sake, as farmers periodically let the land lie
fallow, in order to allow it to regenerate its fertility, and not for
one's own bodily rest, but to honor G-d Who gave you this land and
ordains its fertility (L.B., see D.D.).
11 Which was
ordained as a memorial of G-d's creation of the world and as a memorial
for saving the Jews from Egyptian bondage. Rashi wishes to explain the
apparently unnecessary mention of Shabbos here, since the verse already
stated: "the land shall be at rest" (D.D.). See Sifra Behar, per. 1,
2.
12 That is, there should be a rest from cultivation of
the land for crops, but not that all agricultural labors should
be forbidden; it is permitted to dig holes for other purposes, or to
repairs wells, etc. (as Sifra Behar, par. 1, 1), since the verse
specifies activities that are tied to cultivating fields and vineyards
(B.Y.).
13 The root of {Hebrew Ref} is z-m-r,
the same root as {Hebrew Ref} , "branch," which might be
interpreted to mean "to grow branches," and so Rashi cites Targum to
prove that the root means "to cut, to prune," that is, to cut them
back in order to encourage further growth (see M., and see N.Y.'s
objection). As S.O. points out, Rashi himself notes in his comments to
Shemos 27, 3, that Hebrew has verbs which contain opposing meaning
within themselves ("polaric verbs"), such as {Hebrew Ref} , which
means both "to establish" and "to uproot," and {Hebrew Ref} may
be one of these.
14 Yeshayoh 33, 12.
15 Tehillim 80, 17.
16 Literally, "it." It is forbidden to you, along with the
crops you harvested illegally. According to some (see below, d.h. "the
land's Shabbos"), in order for the landowner to be allowed to partake
of the produce of his land, it must not only be declared ownerless, but
must not have been brought forth by agricultural labor (see M., B.Y.).
17 From the a root meaning "to add on," since these
growths are added on to what is already there from the harvest
(Ramban).
18 That is, it is not forbidden to reap, since
the very next verse specifies that "the [produce] shall be for
yourselves for food," and how can it be for food if it forbidden to
harvest it? Rather you may not reap in order to hold on to the crop
, but if you understand that your reaping is not exclusively yours,
and you must not store it up in a barn or silo, you may reap some of it
(L.B.).
19 As long as you try to maintain ownership, they
are forbidden to you. All this is according to the opinion of the
Sages, but the opinion of R. Akiva is that all reaping or
gathering is forbidden (L.B.).
20 Since the first part of the verse states that it is a
Sabbath "for yourselves" (in plural) why does the second part have to
repeat "for you" (in singular)? Since Shemos 23, 11 seems to limit
permission for eating these crops to the poor, the word "for you"
here comes to include even the landowner, who is presumably not poor,
in that permission (Sifra Behar, per. 1, 6, M., K.A, B.Y.).
21
Literally, "watched," that is, kept under the owner's control. While
the owner is not forbidden to make use of his own crops, he may do so
only to the extent to which allows others access to them. If he
declares them and treats them as ownerless, he may take from them; if
not, he may not.
22 Shemos 23, 11.
23 Sifra
Behar, per. 1, 6. The Sifra continues: "If so, why is "and the needy
among your people shall eat" stated? The poor may eat [immediately]
after the removal [from the house ( {Hebrew Ref} ) when the owner
declares his produce ownerless], and not the wealthy [who must wait];
R. Yosi says: Both the poor and the wealthy may eat [immediately] after
the removal."
24 Sifra Behar, per. 1, 6. That is, even
non-Jews who work for you, either as laborers or as slaves. This phrase
cannot refer to Jewish laborers or slaves, since they have already been
mentioned (N.Y.).
25 Literally, "its feed is on you."
26
During the summer months (L.B.).
27 After the first rains
in Marcheshvon (L.B.). The Ramban, citing Tosefta Shevi'is 8, 1--4,
notes that the Beis Din would send agents around collecting the produce
as its time for harvesting would arive, and they would then store it
away for general use, and this constituted its {Hebrew Ref} , or
removal. After that the poor (and according to R. Yosi, at times the
wealthy as well) would come to take from this stored produce.
28
Sifra Behar, per. 1, 8, Taanis 6b.
29 Since the word
shemittoh can refer either to the sabbatical year, or to the
seven-year sabbatical cycle, its precise use must be made clear,
and that is why both expressions are used: "seven sabbatical years"
and "seven times seven years" (M., D.H.).
30 Literally,
"make."
31 Since the verse begins by stating "seven
sabbatical years," perhaps that means that we should declare seven
consecutive sabbatical years?
32 Literally, "make."
33 Sifra Behar, par. 2, 1.
34 Literally,
"make."
35 Either because of negligence, according to all
opinions (B.B.), or because most of the Jews of the land of Israel are
in exile, and so even if the shemittoh cannot be proclaimed, the
jubilee can, at least according to the opinion of the Sages but not R.
Yehudoh (L.B.).
36 Literally, "years."
37 The
Torah does not need to tell us that seven times seven equals
forty-nine. Rather, the point here is to distinguish between the two
meanings of the word {Hebrew Ref} . That is, since the word
chamishim can mean either "fifty" or "fiftieth," we might think
that when verse 10 states: "You shall sanctify the year of
chamishim," it means that we must count forty-nine years, and then
another fifty, and only then proclaim the jubilee. The function of the
clause "seven times seven years...forty-nine years is to prevent that
misunderstanding (G.A.).
38 Literally, "you shall cause to
pass."
39 Shemos 36, 6.
40 Rosh Hashanah 34a.
41 This was already stated in 23, 27 above.
42 Actually, the prohibition of blowing shofar on Shabbos
is not of Biblical origin, but is an enactment of the Rabbis, and this
" {Hebrew Ref} " is only an {Hebrew Ref} , a "basis" or
"support" for the Rabbinic decree, which is intended to minimize the
chance of someone violating the Shabbos by carrying the shofar in a
public place on Shabbos (G.A.).
43 Sifra Behar, par. 2, 5.
44 Which actually begins on Rosh Hashanah even though the
Shofar is blown on Yom Kippur, ten days later.
45 Rosh
Hashanah 24a.
46 As laid down in Shemos 21, 5--6. As Rashi
explains there, a slave who declares that he does not want to leave his
master has his ear pierced and has to serve "forever," a term which
refers to the jubilee year.
47 That is, even though he has
not completed his six year term of servitude (see Shemos 21, 2), the
jubilee frees him.
48 Sifra continues: "and may wander
around the whole province."
49 Sifra Behar, per. 2, 2,
Rosh Hashanah 9b.
50 Which likewise is called a jubilee, as in Shemos 20,
13.
51 And not, as the literal meaning of the words would
have it, that the owners return to the field, since it is the field
which went out of their possession (M., G.A.). Alternately, once an
owner loses possession, he must leave his land, and it is in this sense
that the Torah speaks of an owner returning to the field.
52
There are three types of Hebrew slaves: one who sells himself into
slavery because of his poverty (see Vayikro 25, 39 below); one whom a
court sells because he cannot compensate the person he robbed (Shemos
21, 2); and one whose ear is pierced, as explained above. Verses 39--40
refer to the first category, as Rashi explains there, while verse 41
refers to the second. That leaves this verse for the third category,
which is what Rashi states (M., G.A., based on Kiddushin 15a).
53
The Baraisa continues: Since it is said, "and you shall sanctify
the fiftieth year," perhaps [this means that] it becomes sanctified
and continues [in that sanctified state] at its beginning from Rosh
Hashanah and at its end it continues [in that state for some time into
the fifty-first year], for they add from {Hebrew Ref} ordinary
[time] to {Hebrew Ref} -holy [time, as at the end of Shabbos and Yom
Kippur]. The verse says: "A jubilee the year of the fiftieth [shall be
for you]"---its sanctity extends only from Rosh Hashanah [till the end
of the year, [but not into the fifty-first].
54 8b.
55 Sifra Behar, per. 3, 1.
56
See Rashi's comment on verse 22 below, for which this comment prepares
the way (N.Y.).
57 That is, the holiness of the jubilee
year's produce attaches itself to anything which is given in exchange
for it, whether by sale or barter.
58 And not holy if it
exchanged? That is, perhaps, like Temple property, it may be redeemed,
and the money or property for which it is redeemed becomes holy while
the original holy property becomes available for common use. As Rashi
goes on to explain, the crops of the jubilee cannot be redeemed in this
way, and if one tries, both the jubilee crop and the money or property
used for the redemption become holy.
59 Literally, "its
being." Sifra Behar, per. 3, 3, Sukkoh 40b. It retains its essential
character as holy food and the only thing the person attempting to
redeem it has accomplished is to add to the store of holy produce or
property (L.B.). Whatever he exchanges for the holy produce itself
becomes holy, without affecting the status of the original produce or
property.
60 As Rashi explains in his comments to verse 7 above.
61 Sifra Behar, per. 3, 4.
62 In verse 10
above.
63 Sifra Behar, per. 3, 6 (end). We might think that
inasmuch as the son eventually will inherit the father's property, and
so will take his place, now too he should retain the field he redeemed;
this {Hebrew Ref} tells us that this is not so, and the field
returns to the father's possession (M., G.A.).
64 But the
plain sense is not sufficient, since half the verse is seemingly
unnecessary. Once the verb {Hebrew Ref} , "do not cheat" is
plural, it is clear that both the seller and buyer are included; why
then does the verse specify both "when you sell to your neighbor" and
"or purchase something from your neighbor"? (N.Y.)
65
Literally, "an Israelite, your fellow."
66 Literally,
"an Israelite, your fellow."
67 Sifra Behar, par. 3, 1.
68 That is,
charging a sixth or more of the going price for an item, or paying a
sixth less.
69 Sifra Behar, par. 3, 4. Though this would
seem obvious, Rashi here wishes to prepare the way for his comment on
verse 17 below, which deals with a different type of cheating (N.Y.).
70 The two---the number of years and the number of
crops---are not always equivalent, since at times, a year may yield
more than one crop, as when the field is sold with its standing grain
(B.M.H.).
71 Literally, "behold."
72 I.e., the number of crops; see next note.
73
Since the expression "years of crops" seems redundant (L.B.).
74
As Rashi explains below: the minimum number of "years" is two, as
the plural of the word indicates; furthermore, the plural of "crops"
indicates that the number of crops the field yields within the two
years belong to the buyer (L.B.).
75 In order to discourage
the seller from selling his ancestral field (O.H.).
76 As
we might think, since {Hebrew Ref} can mean either "years of" or
"two of" and the Rabbinic midrash seems to take the word in the
second meaning. Rashi explains that this is not so, since the lowest
number for a plural is "two."
77 That is why there are
the two plurals---"years" and "crops"---juxtaposed
(L.B.).
78 Thus, the midrash refers not to the meaning of
{Hebrew Ref} as "two" but "years of." See Sifra Behar, par. 3,
10 and Arochin 29b for the last part of Rashi's comment.
79
Since the word "price" is self-understood, {Hebrew Ref} ,
"purchase" implies "purchase price" (M.).
80 As opposed to verse 14, which deals with monetary
overreaching.
81 As the verse concludes, "You shall fear
your G-d," which indicates that matters involving the heart are under
consideration (L.B.).
82 What is in your mind.
83
Literally, "a matter given over to the heart [to decide]."
84
Literally, "which only the one in whose heart the thought [lies]
knows."
85 Literally, "is said regarding it." The word
has been brought up to the beginning of this sentence for clarity.
86 Sifra Behar, per. 4, 2, Bovo Metzi'o 58b.
87
Literally, "goes into exile." As our verse warns: You will live in
the land securely if you "fulfill My laws." "Laws" and
"statutes" must refer to the sabbatical and jubilee years, since
otherwise why mention them here? (Ramban).
88 26, 34 below. Rashi quotes this verse not to prove
that exile follows the neglect of the sabbatical years, but to explain
the reason for this connection: if you do not allow the land to rest in
the sabbatical year, it will find its rest during your exile from the
Land.
89 The last word {Hebrew Ref} , "they were," is
relative to {Hebrew Ref} , "against, corresponding to."
90
Since the previous verse already dealt with the threat of exile and
external enemies, why repeat the promise of security? Rashi explains
that this refers to safety from drought and threats to one's sustenance
(M.L.).
91 Literally, "innards." See Sifra Behar, per. 4,
4. Again, if the phrase "you will live securely" refers to safety
from drought, why should the verse continue with the blessing of eating
one's fill? This is the question Rashi responds to with this comment
(M.L.).
92 For merely gathering the crops without being
able to bring them into our houses is futile (M., G.A.).
93
All these are products of the soil which can be produced without actual
tilling the soil, which is forbidden till the eighth year (N.Y.).
94 Since part of year may be considered as a full year,
at least to be called the "sixth year" (L.B.). Many commentators
point out that in this respect the seventh year is no different in this
case than any other year, since every year we must wait for the
crops of the previous year to be harvested after Rosh Hashanah, and
even then they must be winnowed, etc. Why then should they complain of
lack of grain during the seventh year? The grain used for food during
any year was grown the year before! B.B. suggests that the complaint
refers not to lack of grain during the seventh year, but rather to the
need to store the old grain during the seventh to be used during
the eighth, since if it is eaten during the seventh, there will
be none left for the eighth while waiting for the new crops to be
harvested. It is this problem to which Rashi alludes when he speaks of
the "until the festival of Sukkos of the ninth [year]," which points
up the need to ration their store of grain until that time.
95
That is, this verse explains verse 20; since they are not allowed to
sow until the eighth year, whatever crops were stored from the sixth
year must last until the eighth year crops are finally harvested during
the spring of the eighth year and the fall of the ninth, as Rashi
explains in his next comment (B.B.).
96 Where they were
being winnowed, and thus prepared to be "brought into the house," and
further prepared as food, as for example to be ground into flour in the
case of wheat and barley.
97 When that year's harvest was
gathered.
98 When planting and sowing were forbidden.
99 The jubilee year being the eighth year of the cycle;
thus, they would have to depend on old grain for the sixth, seventh,
eighth and ninth years (until the crops came in).
100 Which
speaks of a three year hiatus of produce.
101 When the
jubilee does not follow and only three years' storage is
necessary: the sixth, seventh and eighth (until the crops were
harvested).
102 The emphasis of the prohibition on the
buyer is somewhat strange, since the verse speaks of a prohibition
of selling the land in perpetuity, and so the prohibition should
rest with the seller, the original owner, and not the buyer. Indeed,
this is how the Rambam understands our verse (Ramban). The Ramban
therefore suggests that the phrase "the land may be not be sold in
perpetuity [to you]" must be understood as addressing the buyer.
Alternately, it may refer to both buyer and seller, that they not
contract between themselves to sell the land in perpetuity; even though
the sale is invalid, since the Torah prohibits it, they violate this
prohibition by conspiring to transgress the Torah's command. However,
the question of why the Torah used the word "sell" when, according to
Rashi, the essential prohibition falls on the buyer, remains. Some
suggest that the use of the term "sell" informs us that only fields
sold must return to their original owners during the jubilee,
but not those inherited, as by a husband from his wife (B.B.).
103
That is, this forbids the buyer from trying to hold on to the field
he bought, despite the obligation to return it during the jubilee year.
104 I.e., irretreviably, so that it never goes back to its
original owners, but remains forever in the buyer's possession.
105
Literally, "do not let your eye be evil (i.e., greedy) regarding
it."
106 And since it is Mine, I can dispose of it as I see
fit. This sentence is not intended to give a reason for the return of
fields during the jubilee, but to assuage any regrets the buyer may
have for returning it (L.B., see Sifra Behar, per. 4, 8).
107 21a, and see also Arochin 30b, where the Talmud
discusses the disagreements between R. Yehoshua and R. Eliezer
regarding whether relatives must redeem the land or whether the
are merely permitted to do so, whether redemption may take
place by halves, whether the right to redemption applies both to houses
in a city surrounded by a wall from the time of Yehoshua bin Nun, and
whether this right applies to Hebrew slaves sold to non-Jews (S.Z.).
108 Either one may redeem it, as the next verse lays down:
"a close relative can come and redeem that which his brother sold."
109 Sifra Behar, per. 5, 1.
110 Since the letter
mem implies "part of," the word me-achuzoso means
"part of his ancestral land." Even when he is forced to sell some of
his land because of dire financial need, he should not sell all of it.
111 He cannot demand that another relative come to redeem
the land, either according to R. Yehoshua, who holds that the
redemption is voluntary, or according to R. Eliezer, who holds that if
the original owner cannot redeem it, the land must be redeemed by a
relative; the buyer must accept the offer of whichever relative
comes to redeem it (M.L., G.A.).
112 I.e., who has the means
to redeem.
113 Kiddushin 21a. According to the opinion of
R. Yehoshua, that the redemption is voluntary, this clause means only
that there is no relative who is willing to redeem the land. On the
other hand, according to R. Eliezer's opinion that redemption is
obligatory, the relative who is closest to the owner, and is therefore
obligated to redeem the land, does not have the means to redeem, while
those who do have the means are more distant and therefore not
obligated to do so. Rashi seems to incline to R. Eliezer's
interpretation, because that seems to be the plain meaning of the
verse, but actually Rashi's interpretation is in accord with both
Sages. In the end, "the man has no redeemer," either because the one
who should, cannot, or the one who can, will not (G.A.).
114
Literally, "its money."
115 That is, deduct the amount you
have earned from the crops raised from the purchase-price in
calculating the redemption. Whoever comes to redeem the field does not
have to pay back the entire purchase-price, since the buyer has made
money on the crops he has raised on the land.
116 A similar calculation is made in respect to a Hebrew
slave or maidservant; see Rashi to Shemos 21, 8, d.h. {Hebrew Ref} .
117 Literally, "consumption."
118 That is, the
original owner who was also the first to sell the field, now returns to
redeem it from the person to whom the first buyer sold it. Rashi's
comment, which seems unnecessary, comes to inform us of an important
stipulation in the laws of redemption: if the value of the field went
up, and the second buyer paid more for it than the first one did, the
original owner is only responsible for the original purchase price;
however, if the land depreciated in value, he only has to redeem it
according to the lower price (M.). In this way the Torah aids one who
comes to redeem his ancestral field.
119 Since the verse
stipulates "enough to retrieve"---and not half of it (Sifra Behar,
per. 5, 5, Arochin 30a).
120 That is, the sale is cancelled
from the beginning of the year, and the buyer's rights to the field
expire at that time.
121 Sifra Behar, per. 5, 7, Arochin
28b.
122 Sifra Behar, par. 4, 1, that is, from the time the
Israelites conquered and divided up the land of Israel, taking
possession of these fields and houses. This is derived from a {Hebrew Ref} (two similar or identical words in different verses which
indicate a legal similarity between the cases) from the word {Hebrew Ref} , "city wall," both here and in Devorim 3, 5; see Arochin 33a.
123 We might have thought that the same applies to a house
in a walled city, since both are called "ancestral property" (L.B.).
124 That is, the law is the reverse of that pertaining to
fields.
125 Literally, "here."
126 That is, he
may not force the buyer to accept his offer of redemption after the
first year, though of course, if the buyer accepts, he may redeem
whenever both agree (L.B.).
127 {Hebrew Ref} , "its
redemption" refers to a masculine object (literally, "his
redemption") while {Hebrew Ref} , "ancestral property," is
feminine, {Hebrew Ref} must refer to {Hebrew Ref} , "house,"
which is a masculine noun (M.).
128 Bereishis 24, 55, where
the word "days" also refers to a year, as the verse continues "days
or ten [months]." One reason for the use of this expression instead of
the more usual {Hebrew Ref} , "year," is that the word "days"
implies not only a year, but a year to the day of the sale
(L.B.).
129 Literally, "shall rise."
130 That is, the
seller no longer has any rights to it; he may no longer redeem it
against the buyer's will. This is the meaning of the verb "to rise,"
to go from the control of one owner to another (L.B.).
131
Meaning "not," i.e., that the city does not have a wall.
132 Meaning, "that it has a wall."
133 Literally,
"before such."
134 In feminine, {Hebrew Ref} , literally,
"to her."
135 Literally, "within," i.e., within the
text of the Torah, as opposed to the Scribal Tradition which is,
strictly speaking "outside" the Biblical text, since it has been
transmitted orally from Sinai.
136 That is, the play on
words which Rashi just referred to, from which we learn the law
regarding a city which once possessed a wall but no longer has one,
requires a play on words between lo', "not," and lo,
"to him." This play on words would not be possible if the verse had
used the grammatically correct feminine loh rather than lo
.
137 I.e., the first year from the time of sale.
138 Arochin 31b.
139 Yehoshua 13, 29.
140 Bereishis 25, 16.
141 Literally, "go out."
142 Since this verse
states that these houses "are considered as a field of the land,"
they must be governed by the same halochos as ancestral lands,
and Rashi explains just what that implies.
143 This is
derived from the fact that "it shall have a redemption" is mentioned
here even though it was already noted that it "shall be considered as
a field of the land." Thus, here the verse must be emphasizing a way
in which a house is different from a field, as Rashi explains
(M.).
144 As Rashi explained in his comments on verse 15
above; see Arochin 33a and see Rashi on verse 24 as well.
145
Some commentators wonder about what need Rashi saw for this statement,
which is obvious in the light of all the foregoing, especially the
statement that houses should be considered "as a field of the land,"
which return to their owners at the jubilee. M. and G.A., following
Arochin 29b, note that this phrase is seemingly extraneous, since we
know fully well that the house returns to its owner in the jubilee. The
point of the clause is that, unlike ancestral lands, which return to
their owners at the jubilee, even within the first two years, but then
require that the
seller make up the loss of time to the buyer, this is not
required in the case of a house. Even if it is returned within the
first year, the seller does not have to make up for "time lost" to
the buyer.
146 If the house or field are within the
boundaries of the forty-eight cities given to the Levites, as described
in Bemidbor 35, 6--7 and Yehoshua 21, the rule of eternal redemption
applies. However, if a Levite inherited land from another tribe through
his mother, and then sells it, that land is not subject to the right of
eternal redemption (M.).
147 I.e., like the houses of
unwalled cities, as described above, and not like ancestral lands. The
word "eternal" implies that the right of redemption is everpresent,
from the moment of sale onward (M.). G.A. explains it somewhat
differently: the fact that the right of redemption is attributed to the
Levites ("the Levites shall have an eternal redemption") rather than
to the field indicates that the Levite may force the buyer to allow him
to redeem the field from the moment of sale.
148 The
Levites.
149 Literally, "a field of their fields."
150
By the other tribes; see Yehoshua 21.
151 As explained
in Bemidbor 35, 4--5, the Levites were given an area two thousand
amohs wide outside their cities; the first thousand-amohs
wide strip was for land for pasture, and the outer strip was for fields
and vineyards.
152 As is the case with houses in walled
cities dating from the time of Yehoshua bin Nun.
153 The
word {Hebrew Ref} , here translated "if anyone," really means
"and which." This is difficult, since it is unclear what this refers
to, and so Rashi provides two explanations, both of which assume that
this verse is connected to the previous one. The point of the verse is
to emphasize that the Levite has two rights or privileges in regard to
this house or field, the right of immediate redemption (see previous
verse) and the right of return in the jubilee (verse 30); if so,
however, the word "redeem" must have a meaning different from its
usual one, as Rashi explains. For Rashi's second explanation see below.
154 As Rashi proceeds to explain, the word "redeem" here
refers to buying and selling.
All three expressions, "redemption," "buying" and "selling"
connote a transfer of property, though redemption usually refers to
"buying back" property already sold (M., D.H.). When the Israelites
were still on the land, a sale of property was made only when dire
necessity forced it (see Rashi on verse 25 above). In order to keep the
property within the family, the "redeemer," the closest relative, who
might in any case inherit the property, was given the first choice to
buy. That is why this verse uses the word "redeem" where we might
more naturally use an expression denoting "sale" (Ramban).
155
I.e., a field; Rashi merely employs the word used in the verse, and
does not mean to exclude fields from the provisions of this law; in any
case, the word "city" includes the field within its borders (M.).
156 I.e., a field; see previous note.
157 That is,
the verb "goes out," which appears in the masculine, refers not to
"city," which is feminine, but to the word "sale" earlier in the
verse (L.B.).
158 I.e., a non-Levite.
159 Which
our verse mentions: "If anyone redeems...."
160 As
explained in note 154 above, in the name of the Ramban. Of course, by
"selling" Rashi means "buying," and S.Z. notes that he had seen the
more exact version in an early printing of Rashi's commentary.
161
The following interprets the words "the sale of the house or city
shall go out in the jubilee" separately from the first clause. The
reason for this is that the phrase "the house or city" is not really
necessary, since it would otherwise be included within the first
clause, "if anyone redeems from the Levites." However, this second
interpretation is also inadequate on its own, because it does not
account for the introductory clause, since all that is needed is: "and
if a Levite redeems from a[nother] Levite" (M.L.).
162
Since we might assume that each has an equal right to the house or
field, both being Levites (M.).
163 Literally, "redeems an
eternal redemption." The Torah wishes to preserve the original
seller's family home or plot, since Levites have no land beyond their
cities (L.B., D.H.).
164 That is, according to Rashi's alternate
interpretation, that this clause refers to a sale by a Levite to a
Levite, the verse teaches us two halochos: immediate redemption
and the return of the property at the jubilee (G.A.).
165
And, of course, so too the Levites' fields have an immediate right of
redemption (M.).
166 G.A. notes that the fact that a
Levite's house is equivalent to an Israelite's field gives him two
rights: not only the right to get his house back at the jubilee, which
our verse states here, but also the right to redeem it whenever he
wishes; both these rights stem from his landlessness. It is clear
therefore that the concern is that land not be removed from the
individual Levite, and not only the tribe, as is the case with
Israelite tribal lands (L.B.).
167 To the Temple treasury.
168 But returns to the Levite.
169 As would be
the case with an Israelite's field, as Rashi proceeds to explain.
170 I.e., a non-kohein or Levite.
171 See below, 27, 20.
172 That is, strengthen
him even before he begins to fall (M., G.A.), and that is why
the verse uses the future tense: "If your brother will become
impoverished," that is, he is in danger of falling in the future
(K.A.).
173 Literally, "raise him up."
174 That
is, even before he falls, but he is in a potentially dangerous
financial position (Tz.L.).
175 Because "it" can refer to
either the donkey or the load, other readings are possible; our reading
of Rashi follows K.A., whose explanation fits both the {Hebrew Ref} and
the real-life situation. The man who is in danger of failing
financially is compared to a donkey which cannot hold up its load, and
the Torah bids us to help the man by helping him support his
(financial) load, since if we do not, both the load and the man will
fall. If that happens, it will take more than five people to help carry
the load, and in that way help hold up the man. K.A.'s interpretation
takes account of the fact that it does not take five people to raise up
the donkey, but rather to carry the load.
176 Rashi begins
his comment with the word "even," in order to show the progression in
the verse, from "your brother" to proselytes and non-Jewish settlers.
This verse concerns someone who needs, help, whether he is a
native-born Jew, or even one who was converted, or even a person who is
still not Jewish but has undertaken not to worship idols ("the
sojourner"). All of these individuals must be helped (G.A.).
177
Who undertakes not to worship idols, as Rashi proceeds to explain.
178 As laid down in Devorim 14, 21, you may give
neveilos to such a non-Jewish settler; see Sifra Behar, par. 5, 1.
179 Bovo Metzioh 60b. "Interest" ( {Hebrew Ref} ) is the
"bite" the lender takes out of the borrower's pocket; "usury" ( {Hebrew Ref} ) is the "increase" the lender gets. The Talmud explains
that one is not possible without the other, no matter what the monetary
conditions are. Why then are both mentioned? To indicate the
seriousness of charging interest.
180 Because by doing so he
profits without work, and can convince himself that he is indeed doing
the borrower a favor (B.B.).
181 Literally, "coins."
182 That is, the borrower has the lender's money without having
to "rent" it, and so the lender loses potential profit if he could
use them in some other, profit-making, way.
183 Literally,
"coins."
184 That is, he tells the borrower himself that
he is merely the non-Jew's agent, and the Jewish borrower thinks that
he is paying the non-Jew interest (L.B.).
185 That is,
others might not catch him in his subterfuge in order to charge
interest; G-d, however, knows man's mind, and he will not escape G-d's
judgement.
186 Bovo Metzi'o 61b. The warning to fear G-d has been
explained above in two ways, either as applying to things whose truth
is difficult to determine, since human beings cannot look into a
person's heart, and for things which are difficult to resist. Rashi
gives two reason for the use of the phrase in this context, since both
apply (B.Y.).
187 Literally, "coins."
188
Literally, "says."
189 Rashi suggests another reason,
since the first is not altogether adequate. If the plague of the
Firstborn was intended, the verse should have said "I smote the
firstborn" rather than "I took you out of the land of Egypt" (M.L.).
190 Literally, "heavy."
191 As Rashi noted in
his comments on the previous verse (B.Y.). B.Y. notes further that
there is a symmetry between Rashi's two interpretations here and in the
previous verse; just as G-d distinguished between the first-born and
those who were not, so too, will he distinguish between a non-Jew's
money and that of a Jew.
192 Literally, "that you accept."
193 Since the verse connects the two matters.
194 Not: whoever does not live there, but actively
distances himself from it (B.M.H.). This is not a contradiction to
Rashi's statement on Bereishis 17, 8, that whoever lives outside the
land of Israel is as one who has no G-d, since worshipping idols is
still worse (B.Y.).
195 Sifra Behar, per. 5, 4; Kesubos
111b. Since a nation's prestige is bound up with the size of its
population, those who add their numbers to foreign lands thus honor
foreign gods (B.Y.). In the Talmud, Shmuel I, 26, 19 is used as the
source for this teaching; when forced to flee for his life to live
among the Philistines, Dovid complains "For they have driven me out
this day from dwelling in the inheritance of G-d, saying, 'Go, serve
other gods!"'
196 Literally, "[you must not work him] a
slave's work."
197 Since he is already in a servile state
you may not give him servile work to do, even though you might tell a
hired hand to do so, since no one who sees a hired hand doing servile
work would confuse him with a slave (M.L.).
198 Sifra Behar,
per. 7, 2.
199 If he is given these jobs to do, he must be
treated as a hired hand and be paid as they are---daily (K.A., see
Sifra Behar, per. 7, 3).
200 Allow him to maintain his
dignity; do not give him servile work (E.H.).
201 Literally,
"takes him out." M. observes that the Torah contains four verses on
the freeing of slaves in the jubilee year, each dealing with a
different class of slave. This verse deals with one who sells himself
into slavery because of poverty, the next verse ("and return to his
own family") with one who is sold into slavery by a court because he
could not pay the penalty assessed for stealing and the like (kefel
, double-payment). Verse 10 above deals with one who asks to have
his ear pierced so as to remain with his master, and finally, Shemos
21, 5--6,
which sets the jubilee as a limit for the time a slave with a
pierced ear may remain with his master (M.).
202 Literally,
"food."
203 Kiddushin 22a. "Children" refers to the
slave's minor children, whom he is obligated to feed; the master
assumes the slave's obligations to feed his wife and minor children.
Rashi does not go into detail here because he has already done so in
his comments on Shemos 21, 3 (M.).
204 The honored position
which his ancestors attained and transmitted to him (D.H.).
205
In general, the assumption is that he had held the position his
ancestors had held before him, and it is to that honored social
position that he may return. This phrase does not refer to his
ancestral lands, because his lands were not necessarily taken from him
when he was sold into slavery (G.A., B.Y.). In Sifra Behar, per. 7, 4,
R. Meir and R. Yehudoh disagree over whether he may return to a
position of authority once he has been a slave; R. Yehudoh rules that
he may not, while R. Meir holds that he may.
206 That is,
for having been a slave.
207 I.e., a possession---a field
(L.B.) or status (M.)---held from generation to generation.
208
Literally, "My deed."
209 Sifra Behar, par. 6, 1. I
acquired them as servants at Sinai, after freeing them from Egyptian
bondage, and My demands on them have priority (K.A.); they have been
Mine since before anyone ever acquired one of them as slaves.
Therefore, even though one of My people is sold into slavery, he never
really becomes degraded, since he is a member of My treasured people
(B.B.).
210 Literally, "the auction stone." Selling him in
this fashion is degrading (B.Y.); see Sifra Behar, par. 6, 1.
211 Even if the labor is not difficult, since it
is unnecessary, it will be a heavy burden to the slave (A.H.).
212
Since the slave does not know when the master will come and his
work will end, it is burdensome and vexing to him (A.H.).
213
Literally, "will say."
214 Though the truth is that the
master is assigning this work merely to lord it over the slave and make
him subservient (L.B.).
215 Sifra Behar, par. 6, 2.
216
If I cannot treat my slaves arbitrarily.
217 There seems
to be a contradiction here. On the one hand, the Torah says "Your
slaves and maidservants which you shall possess"---indicating that you
may hold slaves, while on the other hand it forbids you from treating
them as slaves. How can this be? (L.B.).
218 I.e.,
prohibited me.
219 Which you dispossess from the land of
Canaan because of their corrupt and idolatrous practices, as commanded
in Devorim 20, 16.
220 Our verse is in question-and-answer
form, and the question raised here is answered by the next part of our
verse (L.B.).
221 Sifra Behar, par. 6. 3. This phrase is
separate from the following clause ("from them you may purchase slaves
and maidservants"), and serves as an answer to the question just
posed. The proof of this is the fact that the word "from them"
appears in the next phrase, because it is a sentence unto itself
(G.A.).
222 Of the seven nations (L.B.).
223
Devorim 20, 16.
224 From the Canaanite virgins who have been
allowed to live, according to the provisions of Devorim 20, 14.
225
Since it is obvious that if a male sojourner (toshov)
marries a female sojourner, and both are from another land, the
prohibition regarding the seven nations applies to neither one of them
nor to their children; clearly, then, the verse must refer to a case in
which a male foreigner-sojourner married a Canaanite woman (L.B., see
G.A.).
226 Of Devorim 20, 16.
227 Kiddushin 67b.
228 The {Hebrew Ref} of {Hebrew Ref} , "to
inherit" is {Hebrew Ref} , "to cause to inherit, to will
something [to one's heir]." Since ve- {Hebrew Ref} is
not a {Hebrew Ref} but a {Hebrew Ref} , it has something of a
passive or reflexive meaning, "to be held," or "to hold for
oneself." Here it means "you may hold them for your possession," as
Rashi explains.
229 Since it was already stated in verse 43
(M.).
230 N.Y. is troubled by the source of Rashi's comment,
for no Midrashic source is known for it; he suggests that it comes from
Bovo Metzi'o 73b, where this verse is interpreted to mean that if a
citizen behaves properly, the authorities are not allowed to treat him
harshly.
231 {Hebrew Ref} has two possible
meanings: either unnecessary work which is designed to crush the
worker's spirit, or heavy labor. The first is forbidden altogether, but
an employer may hire a laborer for heavy work, since the worker has the
right to refuse the job (L.B.).
232 Who undertakes not to
worship idols; he lives in the land of Israel, fulfilling the seven
Noachide mitzvos. In some editions the Targum is given as "an
uncircumcised one and a sojourner," thus leaving in doubt the point
Rashi makes about the two words referring to the same person. However,
Rashi cites Targum only to prove that the word {Hebrew Ref} here does
not refer to a {Hebrew Ref} , "a righteous proselyte," but to a
sojourner who is permitted to eat neveilos, as noted above, so
long as he does not worship idols. Rashi's other point is proved, from
the end of the verse (L.B.).
233 Where the two words, "foreigner" and "sojourner"
occur together without the word "and," proving that they refer to the
same person (G.A.). In some editions this comment is missing
altogether.
234 Literally, "who."
235 By living
in your land and doing business "with you" he shares in the Divine
blessing which descends to you (K.A.).
236 Literally,
"who."
237 I.e., he learned from the sojourner's bad
habits, and was punished accordingly.
238 Literally, "the
family of a foreigner."
239 To serve the needs of the
non-Jew.
240 Which is thus one step removed from the
non-Jew, and one step further in the progressive degradation of the Jew
who sold himself to the non-Jew.
241 The word {Hebrew Ref} ,
"offspring," here refers to idolatry, which must be uprooted ( {Hebrew Ref} ) and exterminated (Ramban).
242 But not to the idol
itself, as Rashi explains. See Sifra Behar, per. 8, 1.
243
As the Givonites were given over to the Tent of Meeting for these
services (see Yehoshua 9, 27).
244 Literally, "he must have
a redemption."
245 Do not think that you must redeem him to
keep him from being abused with degrading work, in which case you may
wait to see what sort of a master the non-Jew is; but rescue your
brother immediately from the influence of the non-Jew and his family,
lest the Jewish slave become assimilated to their ways (K.Y.).
246 Literally, "to be sunk."
247 Even though
he sold himself until the jubilee, and thus put himself in this
position, rescue him anyway, and do it immediately (Ch. Ch. on Sifra).
248 Verse 54 below.
249 Since otherwise how can
we insure that he will go out in the jubilee? (G.A., B.M.H.).
250
If you treat the non-Jew unfairly or deviously; see Bovo Kammo
113a.
251 Literally, "which reaches."
252 Literally, "it is found."
253 Even though
the slave is more valuable as time goes on and he becomes more skilled
in his work, his yearly hire remains the same (Sforno).
254
Literally, "which reaches."
255 In his comments on the
previous verse.
256 You see him being degraded and harassed but avert your
eyes---such behavior is forbidden (G.A.). On the other hand, you are
not obligated to institute a search of the non-Jew's house to
investigate his treatment of his Jewish slaves or servants (M.L.).
257 Either by redeeming himself or having relatives redeem him
(Tz.L.).
258 As ordinary Hebrew slaves are (Kiddushin 15a).
"Through these means" is redundant, and comes to exclude the
expiration of six years.
259 Literally, "food."
260
See Rashi's comment on verse 41 above.
261 Literally, "My
deed."
262 I acquired them as servants at Sinai, after
freeing them from Egyptian bondage, and My demands on them have
priority (K.A.), since they have been Mine since before anyone ever
acquired one of them as slaves. Therefore, even though one of My people
is sold into slavery, he never really becomes degraded, since he is a
member of My treasured people (B.B.).
263 On earth, in
regard to earthly matters.
264 In regard to spiritual matters, since the enslaved Jew
must serve his master and has little time left for G-d's service
(B.B.). Moreover, as servants of the King, if the Jews are enslaved, it
is as though, so to speak, their King is enslaved (K.A.).
Chapter 26 - Text Notes
265
Not that he will intentionally set out to perform these most heinous
sins, but the influence of the non-Jewish household will gradually have
its effect on him (B.M.H.).
266 Regarding the redemption of
a Jewish slave of a non-Jew.
267 In the same verse.
Literally, the phrase means "from hand to hand."
268 And
thus moveables (metaltelin), which can be passed from hand to
hand.
269 Verse 25.
270 Verse 29.
271
Verses 36--37.
272 Verses 39--43.
273 Verse 47. Selling
himself to a non-Jew brings with it the danger of assmilation to
non-Jewish ways.
274 Shemos 33, 22.
275 In order
to kneel on.
276 Our verse stipulates "in your land,"
which is clearly not to be taken literally, since whatever pertains to
idolatrous worship relates to the individual, and is forbidden even
outside the land of Israel. "In your land" therefore refers to
something forbidden in the land of Israel, but which is permitted in
the Temple (I.S.). Furthermore, this cannot refer to idolatrous
prostration, since all sorts of prostration and bowing to idols and
images were already forbidden in the Ten Commandments (B.M.H.).
277
Megilloh 22b.
278 And G-d recognizes the difficulty of
overcoming the pernicious influences of a non-Jewish environment (Ch.
Ch. on Sifra).
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