Vayikro
Book 3: Leviticus


BEHAR - NOTES ON RASHI COMMENTARY


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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