Sabbatical Year and the Jubilee

It is a positive commandment to refrain from working the land and caring for trees in the seventh year, as it says, "and the land shall rest a Sabbath for the Lord" (Leviticus 25:2), and it says "in plowing and in harvesting you shall rest" (Exodus 34:21). Anyone who performs one of the forbidden labors from the working of the land or caring for trees in this year has abrogated a positive commandment and transgressed a negative commandment, as it says, "you shall not plant your field, nor shall you prune your vineyard" (Leviticus 25:4).

According to Scriptural Law, a person is not liable for lashes except for [the following labors] sowing, trimming, harvesting [grain], and harvesting fruit - both from vineyards and from other trees.

Trimming is considered in the category of sowing. And harvesting fruit is considered in the category of harvesting grain. If so, why did the Torah single them out? To teach that one is liable [for lashes] for performing these two derivatives alone. For the other derivatives that involve working the land and the other major categories of labor that were not mentioned explicitly [by the Torah] in this context, one is not liable for lashes. He is, however, given stripes for rebellious conduct.

What is implied? When a person digs or plows for the sake of the land, removes stones, fertilizes the land, or performs another similar type of work on the land or extends, grafts, plants, or performs other similar types of work with trees, he is given stripes for rebellious conduct.

We do not plant even non-fruit-bearing trees in the Sabbatical year. Nor may one cut an abnormal outgrowth from a tree, remove dried leaves and branches, apply dust to the top of a tree, or smoke a tree so that worms [that infest it] die. [Similarly,] one should not apply a foul-smelly potion to plants so that birds will not eat them when they are soft. One should not apply oil to unripened fruit, nor should one perforate them. One should not bind plants, nor trim them, nor prepare a support for a tree or perform any other work with trees. If one performs any of these labors in the Sabbatical year, he is given stripes for rebellious conduct.

One may not light a fire in an overgrowth of reeds, because this is considered as working the land. We train a cow to plow only in sand. We do not test [the viability of] seeds in a flowerpot full of earth, but we may test them in a flowerpot full of dung. One may soak seeds in the Sabbatical year in order to plant them in the following year. We maintain aloe plants on top of the roof, but we do not water them.

We may apply red paint to a tree and we may load it with stones. We may hoe under vines and under olive trees. If [these activities are intended] to make the trees flourish, they are forbidden. If they are intended to close their cracks, it is permitted.

We may irrigate a beit hashilechin, i.e., a field that is sown [with grain] that is very arid, in the Sabbatical year. Similarly, we may cause water to flow from one tree to another in an orchard if there were ten trees dispersed in an area larger than that necessary to sow a se'ah [of grain]. One should not, however, irrigate the entire orchard. If they are closer to each other than that, one may irrigate the entire orchard for them. Similarly, [when trees grow in] a field where they are planted distant from each other, we can sprinkle the earth with water for the sake of the trees that they will not be ruined.

One may dig a pit at the roots of a grapevine [to collect water]. One may make an irrigation ditch at the outset and one may fill the water reservoirs with water.

Why were all these activities allowed? For if he will not irrigate [the field], the land will become parched and all the trees in it will die. Since the prohibition against these activities and the like is Rabbinic in origin, they did not impose their decrees in these instances. For according to Scriptural Law, a prohibition applies only to the two primary categories and their two derivatives, as explained.

When the number of those who impose their desires by force increased and the gentile kings required the Jews to supply food for their soldiers, [the Sages] permitted [the people] to sow only those crops that are necessary for the servants of the king alone. Similarly, if a person of force compelled someone to perform labor in the Sabbatical year without pay, for the service of the king or the like, he may do so.

When a person plants [crops] during the Sabbatical year whether in inadvertent or willful violation, he should uproot them, because the Jews are suspect with regard to [the prohibitions of the] Sabbatical year. If we would allow a person who [sowed] inadvertently to keep the crops, a person who [sowed] intentionally would say: "I did so inadvertently."

When one plows his field, breaks its ground, or fertilizes itin the Sabbatical year so that it will be better to sow in the following year, we penalize him and [prohibit] him from sowing it in the following year. He may not hire it out to others. Instead, he must leave it fallow. If he dies, however, his son may sow it.

When a person removes thorns from his field in the Sabbatical year to improve it for the following year or removes stones from it, even though he is forbidden to do so, we do not penalize him. He is permitted to sow it in the following year.

[The following laws apply when a person] buries turnips, radishes, and the like in the Sabbatical year. If some of their leaves were revealed, he need not be concerned. If not, it is forbidden. When someone buries wild onions or the like, he should place at least four kabbim in the height of a handbreadth and place a handbreadth of earth above them. He should bury them in a place where people walk so that they will not grow. It is permitted to rip off the protruding stalks of rice in the Sabbatical year, but one should not cut them off.

At the outset, [the Rabbis] would say: A person may gather wood, stones, and grass from his field, provided he takes the larger ones alone, so that his intent is not to clear the land, but from his colleague's field, he may take small and larger pieces. When there was an increase in the number of transgressors, i.e., people who intended to clear their fields, but would excuse themselves, saying: "We are only taking the larger pieces," they forbade a person from gathering wood and stones from his own field, [permitting this] only from a colleague's field. Even then, [the leniency was granted] only when he does not do so in order that he exchange the favor, i.e., he does not tell his colleague: "See how much of a favor I did for you, for I have cleared your field."

When a person's animal is standing in his field, he may gather [all types of grasses] and bring them to it, for [the presence of] his animal indicates his [intent]. Similarly, if his cooking range is located there, he may gather everything and kindle it, for [the presence of] his range indicates his [intent].

If a person cuts down a tree or two to use as wood, he may dig out their roots. If he cuts down three or more next to each other, he should not dig out their roots, because then he is improving his land. Instead, he should cut off the portion above the earth and leave the roots in the ground. When does the above apply? In one's own field. In one's colleague's field, by contrast, it is permitted to dig out the roots.

When a person is chopping [branches from] an olive tree for wood, he should not cover the place [where the branches grew] with earth, because this involves performing work [with the tree]. He may, however, cover it with stones or with straw.

One who trims the ends of branches of vines and cuts down reeds, may cut them in his ordinary pattern with a hatchet, a sickle, or a saw, or with any other utensil he desires.

One should not chop wood from a wild fig tree from which wood has never been cut before in the same way as one cuts wood from it in other years, because trimming a tree is [one of the forbidden] tasks involved with trees, for through trimming the tree, it will grow and increase. If he needs its wood, he should trim it in an unusual manner.

How should he trim it? [He should cut either] the branches close to the ground or those higher than ten handbreadths. When a tree is split, it can be tied together in the Sabbatical year. [The intent is not that] it will mend, but that [the split] will not increase.

A man may not remove the manure from his courtyard and place it into his field on the seventh year, because it appears like he is fertilizing his field so that it be proper for sowing. But if he removed it and stood it into a dungpile, it is permissible. And he should not make a dungpile in his field until the time passes, in which we fertilize with it for the work on the land. And that is from when the "sweet matter," gets knotty. One may not make a dungpile that is less than one hundred and fifty seah of manure, so that it will be noticeable that it is a dungpile. If he [already] had a little bit, he may add continuously. And one may not make more than three dungpiles in any beit seah.

When a person desires to make waste heaps throughout his entire field, three in each area large enough to sow a se'ah, he may. If he desires to combine his waste into one large waste heap, he may.

When a person would place waste on a rock, dug out three handbreadths of the earth and then made a heap of waste, or built [a platform] three handbreadths high above the earth and placed the waste upon them, there is no required measure. Even if he made several waste heaps in an area large enough to sow a se'ah of grain, it is permitted. [The rationale is] it is obvious that his intent is not to improve the land, but rather to collect his waste.

A person is permitted to remove waste from a corral of sheep and place it in his field as [is permitted to] all those who collect waste. When a person makes a corral in his field in the Sabbatical year, he should not make it larger than an area it takes to sow two se'ah. [When it is that size,] he may bring his sheep into it. When they have fertilized the entire corral, he may leave one wall of the corral and make another corral on its side, [and then bring his sheep there]. In this manner, he can fertilize a portion of his field large enough to sow four se'ah.

If, however, his entire field was only large enough to sow four se'ah, he should leave a portion [unfertilized], because of the impression that might be created. [In this way,] everyone will know that the sheep deposited their wastes there and fertilized it and they will not say that the person fertilized his entire field in the Sabbatical year.

A person should not open a quarry in his field at the outset in the Sabbatical year, lest it be said that he intended to improve his field by removing the rocks from it. If he began before the Sabbatical year and quarried from it 27 blocks - each block being one cubit by one cubit and one cubit high or larger - from a group of stones that were three cubits by three cubits and three cubits high, it is permitted to extract from it all one desires during the Sabbatical year.

[The following rules apply when there is] a stone wall that is ten handbreadths or more high and one desired to remove all the stones. If it contained ten or more stones, each one at least [large enough to require] two people to carry it, he may take them, for an observer will know that he is taking them because he needs the stones. If the wall was less than ten handbreadths high, there were less than ten stones or the stones were smaller [and did not require] two people to carry it, he may take them, but must leave [a row] a handbreadth high above the ground.

When does the above apply? When he intends to improve his field or he began to remove the stones in the Sabbatical year. If, however, he did not intend to improve his field or began removing them before the Sabbatical year, he may take everything he desires during the Sabbatical year, clearing away [the stones] until he reaches the earth. Similarly, if he was removing the stones from a colleague's field, even though he was a contractor, he may clear them away until he reaches the earth.

[The following rules apply when, in a field, there are] stones that would be dislocated by a plow or which were covered [by earth] and then uncovered. If there are two stones that are each large enough to require two people to carry them, it is permitted to remove them. If they are smaller than this, he should not take them.

When a person removes stones from his field because he needs the stones [for construction], he should remove the upper ones and leave those in contact with the earth. Similarly, if he has a pile of pebbles or of stones in his field, he should take the upper one's and leave those in contact with the earth. If there is a large rock or straw beneath them, he may take all of them.

A person should not fill a groove in the ground with earth or level it with earth, because he is improving his land. He may, however, make a divider before the groove, [separating it from the remainder of his field]. He may take any stone [in the groove] that he can pick up if he stretches out his hand while he is standing at the edge of the groove.

It is permitted to bring stones carried on one's shoulder - i.e., two or three are carried on one's shoulder at a time - from any place, whether from a colleague's field or from one's own field. Similarly, a contractor may bring stones, even small ones, from any place whether from the field he hired or from a field that he did not hire.

[The following laws apply when there is] an open space [in a wall separating one's property from the public domain] that was filled with earth. If its [stones] do not create an obstacle block for people in the public domain, it is forbidden to rebuild it. If they create a stumbling block for people or it was not filled with earth, but instead open to the public domain, it is permitted to rebuild it.

It is forbidden for a person to build a wall between his field and his colleague's field in the Sabbatical year. He may, however, build a wall between his field and the public domain. [When he builds the wall,] he is permitted to dig deeply until he reaches a stone. He may remove the earth and gather it in his field in the same manner as waste is gathered. Similarly, if a person dug out a cistern, a trench, or a storage cavity in the Sabbatical year, he may gather the earth in the same manner as all those who dig.

Working of the land in the sixth year (of the Sabbatical cycle) is forbidden 30 days in advance of the seventh year, as an oral law given to Moses at Sinai, because he prepares it (for planting) in the Sabbatical year. By tradition, this labor is forbidden when the Temple is in existence, but the Rabbis legislated additional restriction, that people should not plow orchards in the eve of Sabbatical year during Temple times except until Shavuot, and grain fields only until Passover. When there is no Temple, it is permitted to work the land until New Year as in the law of the [written] Torah.

What defines an orchard? Three trees in a beit seah (plot of land 50 x 50 cubits), whether a non-fruit-bearing tree or a fruit bearing tree. Even if they belong to three different people, we view them as if they are fig trees. If they (fig trees of similar size or maturity) would be capable of producing a dried fig cake weighing sixty talents, it is permitted to plow the entire beit seah for them (the trees), as long as the distance between each tree is sufficient for the ox with its utensils (yoke) to pass [between the trees].

[Different laws apply] if there were less than three trees in an area fit to sow a se'ah or there were three, but [only] one was fit to produce 60 maneh or more and the other two were not fit to produce [a significant amount] or there were two fit to produce even 100 maneh and one is not fit to produce [a significant amount]. We may plow only the portion of the field necessary for [these trees], i.e., [an area whose radius is the space in which could stand] a person picking figs together with his basket.

If there were between three and nine trees and they were fit to produce 60 maneh, we may plow the entire field for their sake, even though there are some trees that are not fit to produce [a significant quantity of] fruit.

When there are ten or more trees in an area fit to sow a se'ah, whether they are fit to produce [the above quantity of fruit] or not, we may plow the entire area for their sake [until Shavuot]. If there were ten plantings spread out in an area fit to sow a se'ah, we may plow the entire area for their sake until Rosh HaShanah. This is a halachah conveyed to Moses at Sinai.

If [the plantings] were planted in a row or in a semi-circle, we may only plow what is necessary for each of their needs. If there are squash plants together with the plantings, they can be counted in the sum of ten [plantings].

What is meant by a planting? A sapling for as long as it is called a planting.

[The following rules apply when] a tree was cut off and a new tree grew from its stump. If it was cut off a handbreadth or more above the ground, it is considered as a tree. If it was cut off lower than a handbreadth, it is considered as a planting.

All of the above applies in the era of the Temple, as we stated. In the present era, by contrast, we are permitted to work the land until Rosh HaShanah. [Moreover,] even in the era of the Temple, it is permitted to remove stones from fields and fertilize them and to hoe in zucchini and squash gardens and in parched land until Rosh HaShanah. Similarly, one may fertilize saplings, remove dried leaves and branches from them, apply dust to them, smoke under them, rip off stalks, trim their far-spreading branches, and apply foul-smelling matter to them. We may wrap their branches, trim them, make shelters around them, place water upon them, apply oil to the unripened fruit and perforate them. All of these tasks are permitted in the year preceding the Sabbatical year until Rosh HaShanah of the Sabbatical year even in the era of the Temple.

When unripened fruit from the sixth year enter the Sabbatical year or such fruit from the Sabbatical year enter the eighth year, we may not apply oil to them or perforate them. In the era of the Temple, one may not build steps at the entrance to valleys in the sixth year after the rains cease, because he is preparing for the seventh year.

Even in the present age, we may not plant trees, graft trees, or extend vines in the sixth year unless there is time for the planting to become rooted and remain after taking root thirty days before Rosh HaShanah of the Sabbatical year. Usually, it takes two weeks [for a plant] to take root. This is forbidden at all times, because of the impression that might be created, lest an observer think that they were planted in the Sabbatical year. Thus if a person planted, grafted, or extended [a tree or vine] in the sixth year, 44 days before Rosh HaShanah, he is allowed to maintain it. If he did so for a lesser time, he must uproot it. If he did not uproot it, however, the fruit it produces is permitted. If he dies before he uprooted it, we obligate the heir to uproot it.

All produce that grows from the earth in the Sabbatical year: whether it grew from seeds that fell into the earth before the Sabbatical year, it grew from roots whose plants were harvested previously, but nevertheless grew again - in both instances [such produce] is referred to with the term safiach - or grasses and vegetables that grew on their own accord [in the Sabbatical year], is permitted to be eaten according to Scriptural Law, as [Leviticus 25:6] states: "And [the produce that grows] while the land is resting shall be yours to eat." Even when a field was plowed thoroughly in the Sabbatical year, and produce grew in it, that produce is permitted to be eaten. The statement [ibid.:] "Do not reap the aftergrowth of your harvest" means that one should not reap it in the same manner as one does every year. If one reaps it according to the ordinary manner, he is worthy of lashes. For example, he harvested the entire field, set up a grain heap, and threshed it with cattle or harvested it for the sake of tilling the land as we explained. Instead, he should reap it little by little, beat it, and partake of it.

According to Rabbinic decree, all the sifichim are forbidden to be eaten. Why was a decree established concerning them? Because of the transgressors, so that they could not go and sow grain, beans, and garden vegetables in one's field discretely and when they grow, partake of them, saying that they are sifichim. Therefore the Sages prohibited all the sifichim that grow in the Sabbatical year.

Thus we have learned that the only produce of the Sabbatical year of which one may partake are fruit from trees and herbs that are not sown by most people, e.g., rue, amaranth, and the like. With regard to vegetables that most people sow in their gardens and species of grains and beans, by contrast, anything that grows from these species is forbidden according to Rabbinic decree. One who gathers them is liable for stripes for rebellious conduct.

When sifichim grow in an underdeveloped field, a field that was plowed, a vineyard, and a field where crops had been sown, they are permitted to be eaten. Why was the above decree not applied to these places? Because a person will not sow these fields. [He will not sow] an underdeveloped field, because no one pays attention to it. When a field has been plowed, [the owner] desires that it remain lying fallow. With regard to a vineyard, no person will cause his vineyard to become forbidden. And when a field has been sown, the aftergrowth will spoil it. Similarly, straw that grows in the Sabbatical year is permitted in all places; no decree was issued against its use.

When sifichin from the Sabbatical year enter the following year, they are forbidden to be eaten. We may not uproot them by hand. Instead, one should plow [the land] in its ordinary fashion or [let] an animal pasture in its ordinary fashion.

Until when are the sifichin of the Sabbatical year forbidden in the eighth year? From Rosh HaShanah until Chanukah. From Chanukah and onward, they are permitted. When a person sows the sifichin of the Sabbatical year after the Sabbatical year, the produce that grows from this is permitted.

When onions of the Sabbatical year enter the eighth year, they are permitted when there is enough time for produce of that size to have grown [in the eighth year]. If not, they are forbidden. Similar concepts apply with regard to other produce. They should not be purchased in the eighth year until produce of that size could have grown in the eighth year. When, in the eighth year, the produce which grows rapidly reaches [the size of the produce which grew in the Sabbatical year], the prohibition is lifted from the produce that remains. It is permitted to purchase garden vegetables in the eighth year immediately.

When is a person permitted to purchase wild onions in the eighth year? When the new produce exceeds [the old].

The first of Tishrei is Rosh HaShanah with regard to the Sabbatical and Jubilee years. [The following rules apply with regard to] produce of the sixth year that enters the Sabbatical year. Grain, legumes, or fruit that reached the stage when tithes are required to be separated before Rosh HaShanah [of the Sabbatical year] are permitted [to be reaped]. Even though they are gathered in the Sabbatical year, they are considered like produce of the sixth year in all regards. If they did not reach the stage when tithes are required to be separated until after Rosh HaShanah, they are considered as produce of the Sabbatical year.

Grain and legumes are forbidden to be eaten as sifichin and the fruit of trees must be eaten with consideration for the holiness of the Sabbatical year.

When rice, millet, poppy seeds, sesame seeds, and Egyptian beans are sown to produce seed, [the ruling depends on] when the produce completes its growth. If its growth is completed before Rosh HaShanah, these [seeds] are permitted [to be harvested] in the Sabbatical year like the produce of the sixth year. If their growth is completed after Rosh HaShanah, even though [the plants] took root before Rosh HaShanah, they are forbidden as sifichin.

[The ruling regarding] vegetables [depends] on the time they were harvested. With regard to an esrog, even if it was the size of a bean before Rosh HaShanah [of the Sabbatical year] and grew to the size of a loaf of bread in the Sabbatical year, it is obligated to be tithed like the produce of the sixth year. [Conversely,] even if it had reached the size of a loaf of bread in the sixth year, since it was reaped in the Sabbatical year, it is considered as the produce of the Sabbatical year. As a stringency, the tithes are separated like the produce of the sixth year.

Similarly, when the produce of the Sabbatical year is reaped in the eighth year: With regard to grain, legumes, and the fruit of the trees, [the ruling depends on when the produce reached] the stage when tithes are required to be separated. When rice, millet, poppy seeds, sesame seeds, and Egyptian beans are sown to produce seed, [the ruling depends on] when the produce completes its growth. [The ruling regarding] vegetables [depends] on the time they were harvested.

When one sowed Egyptian beans for seed in the sixth year and the produce was completed before Rosh HaShanah of the Sabbatical year, both its vegetables and its seed are permitted in the Sabbatical year. If one sowed it to use as a vegetable and it entered the Sabbatical year, both its vegetables and its seed are forbidden like the sifichin of the Sabbatical year. Similarly, if he sowed it both for its seed and to use as a vegetable, it is forbidden.

[The following rules apply if] one transgressed and sowed [such beans] in the Sabbatical year, [their growth was completed in the Sabbatical year,] but they remained [in the ground] until the eighth year: If they were sown for seed, both the seed and the vegetables are forbidden in the eighth year like other sifichin. If one sowed it to use as a vegetable, since it was harvested in the eighth year, both its vegetables and its seed are permitted. If he sowed it both for its seed and to use as a vegetable, its seed is forbidden as sifichin and its vegetables are permitted.

Since white figs take three years before their growth is completed, if they reach the stage when tithes are required to be separated before Rosh HaShanah of the eighth year, they should be eaten in the second year of the seven year cycle according to the restrictions governing fruit of the Sabbatical year.

Onions that will not produce scallions and Egyptian beans from which water was withheld for 30 days before Rosh HaShanah and onions that do produce scallions from which water was withheld for three irrigation periods before Rosh HaShanah are considered as the produce of the sixth year. If water was withheld from them for a shorter period, they are considered as sefichin from the Sabbatical year.

[The following laws apply with regard to] gourd plants which were maintained [in the ground] to produce seed. If they became hard before Rosh HaShanah and thus were unfit for human consumption, it is permitted to maintain them in the Sabbatical year, for they are from the produce of the sixth year. If not, they are considered as sefichin from the Sabbatical year. Similar [laws apply with regard to] vegetables. Any ones that become hard before Rosh HaShanah are permitted to be maintained in the Sabbatical year. If they were soft, it is forbidden to maintain them, as [is the law regarding] sefichin. We do not require a person to uproot wild onions. Instead, we allow him to leave them in the ground as they are. If they grow in the eighth year, they are permitted. Similarly, we do not require him to uproot an artichoke plant. All that is necessary is to cut off its leaves. If it grows again in the eighth year, it is permitted.

Wild onions [grown] in the sixth year, summer onions, and madder which completed their growth before the Sabbatical year may be uprooted in the Sabbatical year with metal hatchets. This is not considered as tilling the land.

When, in the Sabbatical year, rain descended upon onions and they sprouted leaves, the leaves are permitted as long as they are light green. If they have turned dark, it is considered as if the plants were planted in the earth and those leaves are forbidden as sefichin. In both situations, the onions themselves remain permitted.

When an onion was uprooted in the Sabbatical year and replanted in the eighth year and its growth exceeded its original size, the additional growth elevates the original mass and the entire [onion] is permitted. [The rationale is that] since the prohibition of the Sabbatical year comes about via the earth, it can be removed via the earth.

Fruits produced by a tree in the Sabbatical year should not be reaped in the same manner as they are reaped every year, as [Leviticus 25:5] states: "The grapes you had designated you shall not gather." One who reaps grapes to improve the vine or in the ordinary manner of reaping is liable for lashes.

How should one conduct himself? Figs of the Sabbatical year should not be set out to dry in the place where they are usually set out to dry. They can, however, be left to dry in a ruin. We may not crush grapes in a vat, but they may be crushed in a kneading trough. Olives should not be crushed in a press, but they may be squeezed and placed in a very small press. One may grind them in the oil press and place them in a small press. Similarly, with regard to other matters, [the fundamental rule is]: One should deviate from the norm in whatever way possible.

It is a positive commandment to annul [ownership of] everything that comes out of the ground in the seventh year as it says "and in the seventh [year], annul it and forsake it" and anyone who locks up his vineyard or fences in his field in the seventh year has violated a positive commandment, and similarly someone who harvest all his fruits and brings them inside. Rather everything should be seen as ownerless and everyone has equal claim as it says " and the destitute of your people will eat it." [The owner] may bring in small amounts the way one does from ownerless property e.g. five pitchers of oil or fifteen of wine and if he brought in more it is permitted.

[The laws of] the Sabbatical year are observed only in Eretz Yisrael alone, as [Leviticus 25:2] states: "When you will come to the land...." It is observed while the Temple is standing and when the Temple is not standing.

In the entire area taken possession of by the Jews who ascended from Babylonia until Kziv, it is forbidden to work the land and the sifichin that grow there are forbidden to be eaten. In the entire area that was taken possession of only by the Jews that ascended from Egypt, i.e., from Kziv to the River [of Egypt] and to the Umanum Mountains, even though it is forbidden to till [the land] in the Sabbatical year, the sifichin that grow there are permitted to be eaten. From the River [of Egypt] and from the Umanum Mountains [onward], one may till [the land] in the Sabbatical year.

Although the Sabbatical year is not observed in Syria according to Scriptural Law, [our Sages] decreed that it would be forbidden to till it in the Sabbatical year like Eretz Yisrael, so that [the Jewish people] would not abandon Eretz Yisrael and go and settle permanently there. In Ammon, Moab, Egypt, and Babylonia, by contrast, though the tithes must be separated according to Rabbinic Law, the Sabbatical year is not observed.

The Sabbatical year is observed in Transjordan by Rabbinic decree. The sifichin of Syria and Transjordan are permitted to be eaten. [The restrictions in] these lands need not be more stringent than those in [the portions of] Eretz Yisrael that were inhabited by the people ascending from Egypt.

When a gentile purchases land in Eretz Yisrael and sows it in the Sabbatical year, the produce is permitted. For our Sages decreed that sifichin should be forbidden only as a safeguard against transgressors and the gentiles are not commanded to observe the Sabbatical year. Thus there is no need to institute a safeguard for them.

In the cities of Eretz Yisrael that are close to the border, we appoint a trustworthy watchman so that the gentiles will not spread [through the land] and take the produce of the Sabbatical year.

The produce of the Sabbatical year is designated for the sake of eating, drinking, smearing oneself [with oil], kindling lamps, and dyeing. According to the Oral Tradition, we learned that the word tihiyeh implies that it may be used even for kindling lamps, and dyeing.

What is meant by [the license to use the produce of the Sabbatical year] for eating and drinking? One should eat those foods that are normally eaten and drink the beverages that are normally drunken, as is the law with regard to terumah and the second tithe.

He should not change the natural function of produce as he does not with regard to terumah and the second tithe, i.e., something that is normally eaten raw should not be eaten cooked. Something that is normally eaten cooked should not be eaten raw. For this reason, animal fodder should not be cooked, nor should one press himself to eat a cooked dish that has spoiled or bread that has become moldy, as he does not eat such foods that are terumah or the second tithe.

We do not cook vegetables from the Sabbatical year in oil that is terumah lest it disqualify it. If one cooked a little and ate it immediately, it is permitted, because he did not leave it aside so that it become disqualified.

Produce that is set aside for human consumption should not be fed to domesticated animals, beasts, and fowl. If an animal went under a fig tree under its own initiative and began eating the fruit, we do not require [the owner] to bring it back, for [Leviticus 25:7] states: "And for the animal and the beast in your land shall be all the produce to eat."

What is meant by [the license to] smear oneself [with produce from the Sabbatical year]? One may smear oneself with produce with which it is common to smear oneself. He should not smear wine or vinegar, but he may smear oil. We do not place fragrant herbs in oil, nor should one apply oil in a bathhouse. He may, however, apply oil outside and then enter.

Oil from the Sabbatical year should not be used to seal an oven or a range, nor should it be applied to a shoe or a sandal. One should not apply [such oil] with impure hands. If the oil fell on his flesh, he may rub it in with impure hands. One should not apply [such] oil to his foot while it is in a shoe, He may, however, smear [such oil] on his foot and put on a shoe or smear his entire body and then roll on a new [leather] mat.

What is meant by [the license to] kindle a lamp [with produce from the Sabbatical year]? One may kindle a lamp with oil from the Sabbatical year itself. If one sold [oil from the Sabbatical year] and used the proceeds to purchase other oil or exchanged [oil from the Sabbatical year] for other oil, they are both forbidden to be used for kindling, for we may not use money received in return for the produce of the Sabbatical year for kindling. One should not place oil directly into a fire. Instead, one should light it in a lamp.

What is meant by [the license to use produce from the Sabbatical year] for dyeing? Produce which is ordinarily used as dye even though it is also used as food for people may be used as dye for man's sake. We may not, however, use the produce of the Sabbatical year - even animal fodder - as dye for the sake of an animal. For the holiness of the Sabbatical year does not rest on dye for animals.

The holiness of the Sabbatical year falls on [natural] detergents - e.g., borit and ehel, - and we may launder with them, as [Leviticus 25:6] states: "And [the produce that grows] while the land is resting shall be yours," i.e., for all your needs. Nevertheless, the fruit of the Sabbatical year should not be used as a detergent, nor should it be used to produce a compress, for [the above verse] states: "...shall be yours to eat," i.e., and not for a compress, nor to sprinkle, induce regurgitation, soak flax, or use as a detergent.

A great principle was stated with regard to the produce of the Sabbatical year: Whatever is distinguished as being for human consumption, e.g., wheat, figs, grapes, and the like, should not be used as a compress or a bandage, even for a person, as implied by the phrase: "yours to eat," i.e., whatever is distinguished as being for you, should be used as food and not for medicinal purposes. Anything that is not distinguished as being for human consumption, e.g., soft thorns and brambles, may be used as a compress for a person, but not for an animal. If it is not distinguished as being for either of the above purposes - e.g., za'ater, oregano, and thyme, [the ruling depends] on the person's intent. If he thought to use it as kindling wood, it is considered as kindling wood. If he intended that it be used as food [for humans], it is considered as produce. If it is distinguished as being for both of the above purposes, we treat it with both the stringencies incumbent on food for humans - and compresses are not made with it - and those incumbent on animal fodder - that they may not be cooked.

It is permitted to sell food for humans and animal fodder and use the proceeds to purchase food for humans. We may not, however, sell animal fodder to purchase other animal fodder. Needless to say, we may not sell food for humans to purchase animal fodder. If [animal fodder] was purchased with [such produce] or food for humans was exchanged for animal fodder, [the animal fodder] is considered like food for humans and it may not be used to make a compress for a person.

The produce of the Sabbatical year may not be transported from Eretz Yisrael to the Diaspora, not even to Syria. It cannot be fed to a gentile, nor to a hired worker. If he was hired for an entire week, an entire year, or an entire month or an agreement regarding his food was established, he is considered as a member of one's household and he may be fed [the produce of the Sabbatical year]. We may feed a guest the produce of the Sabbatical year.

The court does not allot produce of the Sabbatical year to a woman, because this is considered as paying a debt with the produce of the Sabbatical year. She may, however, take her livelihood from [produce of the Sabbatical year] in her husband's possession.

We do not harvest the produce of the Sabbatical year when it is not yet ripe. [This is derived from Leviticus 25:12 which states:] "And you shall partake of its produce," [implying that the fruits] may not be eaten until they are considered as produce. One may, however, partake of a small amount of them in the field while they are underdeveloped, as one partakes [of such produce] in other years. One should not bring the produce into one's home until it reaches the stage when the obligation to separate tithes takes effect.

From when is it permitted to partake of the fruit of trees in the field in the Sabbatical year? With regard to underdeveloped figs, when their surface will become shiny, he may eat his bread with them in the field. The same applies in all analogous situations With regard to underdeveloped grapes, when sap flows in them, they may be eaten in the fields. Similar laws apply in all analogous situations. With regard to olives, when a se'ah of olives would produce a revi'it of a log of oil, one may break them open and eat them in the fields. [If such an amount of olives] would produce half a log [of oil], one may crush them and smear oneself in the field. [If they reach the stage where they] produce one third [of the amount they ordinarily produce], it is permitted to bring them to his home, because they have reached a third of their growth.

It is permitted to cut down trees for their wood in the Sabbatical year, before they produce fruit. Once they have begun to produce fruit, however, they should not be cut down, for doing so spoils [the fruit], and [the fruit of the Sabbatical year is granted] "to eat," and not to spoil. If it produced fruit and they reached the stage at which an obligation to separate tithes exists, it is permitted to cut them down, for it has already produced its fruit and the laws of the Sabbatical year no longer apply to it.

From when is it forbidden to cut down a tree in the Sabbatical year? For carobs, when a chain of carobs will be formed. For grapes, when the fruit produces seeds. For olives, when they bud. For all other fruit trees, when they produce underdeveloped fruit. It is forbidden to cut off underdeveloped clusters of dates in the Sabbatical year, because one is spoiling the fruit. If these clusters will not produce dates, merely buds, it is permitted to cut off those clusters.

We may not use hay and straw of the Sabbatical year for kindling, because it is fit for animal fodder. We may, however, use the wastes of olives and grapes of the Sabbatical year for fuel.

When a bathhouse has been heated with hay and straw of the Sabbatical year, it is permitted to bathe there [even] when payment is required. An important person, however, is forbidden to do so, lest they also mix other [herbs] into the kindling for him, so that it will produce a fragrant scent. Thus they will destroy the produce of the Sabbatical year.

The holiness of the produce of the Sabbatical year does not fall on the types of shells and seeds that are permitted to non-priests with regard to terumah. Instead, they are considered like wood, unless they are fit for dyeing. The holiness of the Sabbatical year falls on the hearts of palms.

[The following rules apply when a person] places spices from the Sabbatical year in a wrapping and inserts them into cooked food. If their flavor is nullified, they are permitted. If they retain their flavor, the holiness of the Sabbatical year is still invested in them.

Straw and hay from the Sabbatical year should not be placed in a pillow or in mud. If one did place them there, they are considered as if they have been destroyed. When an oven has been heated with straw and hay from the Sabbatical year, it should be allowed to cool. Once the second wave of rains descend in the eighth year, we are allowed to benefit from straw and hay of the Sabbatical year and use it for kindling.

One does not sell goods of the fruit of the seventh year. If one wants to sell a small amount from the fruit of the seventh year, one may sell. And the same money he receives, this is like the produce of the seventh year. And he can take from it food and eat with the sanctity of the seventh year. And the same produce that was sold still has the holiness it has previously.

[In the Sabbatical year,] one should not reap vegetables from a field and sell them, nor should one charge a fee for dyeing with shells [from produce] of the Sabbatical year, because this is using the produce of the Sabbatical year for commercial activity. If one reaped vegetables to partake of them and some were left over, he may sell the remainder. The proceeds are considered as the produce of the Sabbatical year. Similarly, if a person reaped vegetables for himself and his son or grandson took some of them and sold them, [the sale] is permitted and the proceeds are considered as the produce of the Sabbatical year.

When the produce of the Sabbatical year is sold, it should not be sold by measure, nor by weight, nor by number, so that it will not appear that one is selling produce in the Sabbatical year. Instead, one should sell a small amount by estimation to make it known that [the produce] is ownerless. And the proceeds of the sale should be used to purchase other food.

One may package those entities that are usually packaged to bring home to sell in the market by estimation in the manner that one packages produce to bring home, not like one packages it for the market so that one will not sell in a constrained manner. Produce that is packaged only for the marketplace should not be packaged.

Produce from the Diaspora which were brought into Eretz Yisrael should not be sold by measure, nor by weight, nor by number. Instead, they should be sold by estimation like the produce of Eretz Yisrael. If it was obvious that it was produce from the Diaspora, it is permitted [to sell it in the ordinary manner].

There is a stringency that applies to the produce of the Sabbatical year and not to articles consecrated [to the Temple]. When one redeems consecrated articles, the consecrated article loses its sacred status and that status is conveyed to the money. This is not so with regard to the produce of the Sabbatical year. When one sells the produce of the Sabbatical year, the status of the produce is conveyed to the money. The produce itself, however, does not lose its status and it is not considered as produce of the other years. [This is derived from] the use of the word tihiyeh [in the command regarding the produce of the Sabbatical year. That term implies that the produce] will be in its state at all times. And since the produce of the Sabbatical year is described as "holy," its status is conveyed to the money paid for it. Thus the final [object purchased] receives the status of the Sabbatical year and [the status of] the produce itself remains as before.

What is implied? A person purchased meat with the produce of the Sabbatical year or the proceeds from its sale. The meat is given the status of that produce and must be eaten [as befits the holiness of] the produce of the Sabbatical year. And one must rid oneself of it when one one must rid oneself of that produce. If one used that meat or the proceeds from its sale to purchase fish, the meat is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed upon the fish. If one used that fish or the proceeds from its sale to purchase oil, the fish is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed upon the oil. If one used that oil or the proceeds from its sale to purchase honey, the oil is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed to the honey. One must rid oneself of the original fruit and the honey as one must rid oneself of the produce of the Sabbatical year. Neither of them may be used to make a compress, nor may they be ruined, as is the rule with regard to the produce of the Sabbatical year.

The holiness of the produce of the Sababtical year may be transferred only through a sale. When does this apply? With regard to the original produce. With regard to the produce received [in exchange for that produce], its holiness can be transferred through a sale or through a process of transfer.

When one is transferring the holiness of produce that was exchanged [for produce of the Sabbatical year], one may not transfer it to a domesticated animal, fowl, or beast, that is alive, lest they be left alive and one raise herds [of animals imbued with the holiness of the Sabbatical year]. Needless to say, this applies with the produce of the Sabbatical year itself. One may, however, transfer the holiness of this produce to animals that have been slaughtered.

Money received for produce of the Sabbatical year may not be used to pay a debt. Nor may one use it to repay shushbinut or return a favor. One should not use it to pay a pledge of charity for the poor in the synagogue. One may, however, send it for purposes associated with the acts of kindness, but one must notify the recipients. Similarly, it may not be used to purchase servants, landed property, or a non-kosher animal. If it was used for those purposes, one should purchase ordinary food with a commensurate sum and partake of it [as befits the holiness of the Sabbatical year], as was explained with regard to the second tithes. One may not purchase pairs of doves for [the sacrifices of] zavim, zavot, or women after childbirth, or sin-offerings or guilt offerings. If he purchased [these offerings with these funds], he should purchase food with a commensurate sum and partake of it [as befits the holiness of the Sabbatical year]. One should not apply oil from the Sabbatical year to utensils or hides. If one did so, one should purchase food with a commensurate sum and partake of it [as befits the holiness of the Sabbatical year].

[This money] should not be given to a bathhouse attendant, a blood-letter, a person who sails a boat, or another craftsman. He may, however, give them to a person who draws water from a well to provide him with drinking water. It is permitted to give the produce of the Sabbatical year or money received in return for it to a craftsman as a present.

When a person tells a worker: "Here is an isar. Gather vegetables for me today," his wage is permitted. It is not considered as money received in return for produce of the Sabbatical year. Instead, he may use it for whatever he desires. The worker was not penalized in that his wage would be considered as money received for the produce of the Sabbatical year. If he told him: "Gather a vegetable for me today for it," [his wage] is considered as money received in return for produce of the Sabbatical year. He may use it only for eating and drinking like the produce of the Sabbatical year.

When donkey-drivers perform work with the produce of the Sabbatical year that is forbidden - e.g., they bring more than the [minimal amount] of produce - their wages are considered as money received in return for produce of the Sabbatical year. This is a penalty imposed upon them. Why was a penalty imposed on the wages of a donkey-driver and not on the wages of a hired worker? Because the latter receives a minimal wage. Hence, he was not penalized so that [he could earn] his livelihood.

When a person purchases a loaf of bread from a baker for a pundiyon, and tells him: "When I harvest vegetables [grown in the Sabbatical year] from the field, I will bring them to you for it." this is permitted. The loaf of bread is considered as the produce of the Sabbatical year. If he purchases the loaf without making any qualifications, he should not pay him with money received for the produce of the Sabbatical year, because one should not use that money to pay debts.

One may partake of the produce of the Sabbatical year [in expectation that the recipient will return] the favor and when there are no such expectations. What is implied [by the idea of eating in expectation of the return of the favor]? One may give a colleague the produce of the Sabbatical year as if he had already performed a favor for him or invite him into his garden to eat as one who performed a favor for him. When a person was given the produce of the Sabbatical year as a present or he inherited it, he should partake of it in the same manner as if he gathered this produce from the field himself.

The produce of the seventh year can only be eaten as long as that species is still growing in the field, as it is said (Leviticus 25:7) "Your cattle and the beasts in your land may eat all its yield." [We understand this to mean that] for as long as beasts are eating this species in the field, you may eat whatever is stored at home. When it is no longer in the field, this species must be destroyed at home - this is known as bi'ur shevi'it.

How so? If, for example, one has dried figs from the seventh year at home, they me be eaten for as long figs grow on the trees in the field. When there are no longer figs in the field, those at home may not be eaten and must be destroyed.

If one has a lot of fruit that needs to be destroyed, it should be distributed in the community, in the quantity of three meals at a time. After the time of destruction, it may not be eaten, neither by rich nor poor. If one could not find anybody to distribute it to at the time of destruction, it should be burned in a fire or thrown into the Dead Sea or destroyed in any way possible.

If one has raisins left over from Shemitah, and, there were no longer any grapes in the fields, gardens, and orchards that are hefker, even if there remain grapes on the vines in the courtyards, one may not eat the raisins given the grapes in the courtyard, because they are not accessible to (street) animals. If, however, there are firm grapes that do not mature until year's close [i.e. still growing], one can eat the raisins because of those. Similar laws apply similarly.

When a tree produces fruit twice a year and one still possesses fruit from its first crop, he may partake of it as long as the second crop is still in the field. For [the requirement that] this species be [available] in the field [is met]. We do not, however, [continue to] partake [of stored fruit] because of fruit that grows in the fall, because it is considered as the produce of a different year.

When a person pickles three types of produce in one barrel, if one of these types of produce is no longer available in the field, that type of produce should be removed from the barrel. If he began partaking of [the pickled produce], the entire [mixture] is considered as having been removed. Just as one is obligated to remove food [stored for] human consumption, so too, must he remove animal fodder from his home and he may no longer feed it to an animal if that type of produce is no longer available in the field.

Just as one must remove the produce of the Sabbatical year, so too, one must remove the money [received in exchange for it]. What is implied? One sold pomegranates of the Sabbatical year and used the money received in return for them [to purchase] food. When there are no longer any pomegranates on the trees in the field, but he remains in possession of the money he received for selling them, he is obligated to remove it from his possession.

What should he do? He should purchase food with this money and distribute it, [providing] three meals to every person [he desires]. Alternatively, if he does not find people to partake of such food, he should cast the money into the Mediterranean Sea.

[Eretz Yisrael is divided into] three lands [with regard to the obligation of] biyur: a) the entire land of Yehudah, its mountainous portion, its plain, and its valley, is all one region. b) the entire [West] Bank of the Jordan, [including] the plain of Lod, the mountains [around] the plain of Lod, [the area of] Beit Choron, with the sea, is all one region; and c) the entire Galilee, the upper [Galilee], the lower [Galilee], and the area of Tiberias, is one region. In each of these three regions, one may partake [of a species of produce stored at home] until the last [traces of that produce] cease [to exist in the entire region's fields].

What is implied? If one possesses produce in the land of Yehudah, one may partake of it as long as this species is found [in the fields of] the entire land of Yehudah. Similar laws apply if he possesses produce from the Galilee or from the [West] Bank of the Jordan.

These three regions are considered as one entity with regard to carobs, olives, and dates. One may eat dates [throughout Eretz Yisrael] until the last dates are no longer available in Tzo'ar. From when are they no longer available? Purim. We may eat olives until Shavuot and grapes until Pesach of the eighth year. Dried figs may be eaten until Chanukah.

When a person transports produce of the Sabbatical year from a region in which it is no longer available [in the field] to a region where it is available, or from a region where it is available to a region in which it is no longer available, he is obligated in biyur. [The rationale is that] we place upon him the stringencies of the place from which he departed and those of the place to which he journeyed. When the produce of Eretz Yisrael has been brought to the Diaspora, it should be destroyed in its place. It should not be transported from one place to another.

A great general principle was stated with regard to [the produce of] the Sabbatical year: Whenever [produce] is [used as] food for humans, animal fodder, or as one of the dyes, if it will not be maintained in the earth, the laws of the Sabbatical year apply to it and to money received for it and the requirements of biyur apply to it and to money received for it, e.g., the leaves of wild onions, mint, and endives, are considered as food for humans, brambles and thorn are considered as animal fodder, and woad and safflower are considered as dyes. If the species is maintained in the earth, e.g., madder and dyer's rocket from the dyes, even though the laws of the Sabbatical year apply to it and to money received for it. The requirements of biyur do not apply to it or to money received for it, because it is maintained in the earth. Instead, one may benefit from it and use it as dye until Rosh HaShanah.

Whenever a plant is not set aside to be [used as] food for humans, animal fodder, or as one of the dyes, since it is not used as kindling fuel, the laws of the Sabbatical year apply to it and to money received for it, but the requirements of biyur do not apply to it or to those monies. [This applies] even if it will not be maintained in the earth. Instead, we may benefit from it and the money received for it until Rosh HaShanah. Examples [of this category include] the roots of wild onions and mint and the scorpion-like herb.

The laws of the Sabbatical year apply to the peels and the buds of pomegranates, the shells of nuts, and the seeds [of other fruits] and to the money received for them, but the requirements of biyur do not apply to them or to those monies. The laws of the Sabbatical year apply to the tips of the branches of grape vines and carob trees and to the money received for them, as do the requirements of biyur. The laws of the Sabbatical year apply to the tips of the branches of the evergreen oak, the pistachio tree, and the box thorn bush and to the money received for them, but the requirements of biyur do not apply to them. The requirement of biyur does apply to their leaves.

When is the time for biyur? For leaves, it is when they wither and fall from the tree. The leaves of olive trees, reeds, and carob trees do not have a time of biyur, because they never wither and fall away.

Until when does a person have the license to gather fresh grass in the Sabbatical year? Until the bitter [apples] become dried out. He may gather dried grasses until the second rains of the eighth year.

Until when are the poor permitted to enter the orchards in the eighth year to gather the fruits of the Sabbatical year? Until the second rains descend.

The laws of the Sabbatical year apply to roses, cloves, and chestnuts and to the money received for them. The laws of the Sabbatical year do not apply to balsam sap that flows from trees, from their leaves, and their roots. They do apply to [sap] that flows from underdeveloped berries and the money received for it.

When does the above apply? When the tree produces edible fruit. If, however, the tree is not fruitbearing, the sap that flows from its leaves and roots is considered as its fruit and the laws of the Sabbatical year apply to it and to the money received for it.

When a person pickles a rose from the Sabbatical year in the oil of the sixth year, he may gather the rose and it is permitted [to use] the oil [in an ordinary manner]. If he pickles [a rose] in the oil of the eighth year, he is obligated to perform biyur with the oil. [The rationale is] at that time, the rose is dry and the obligation of biyur has already fallen upon it.

When carobs of the Sabbatical year were left to soak in the wine of the sixth year or in the wine of the eighth year, biyur must be performed with the wine, because it has absorbed the flavor of the produce of the Sabbatical year. This is the general principle: When the produce of the Sabbatical year becomes mixed with other produce of the same species, even the slightest amount [causes the entire mixture to be considered as the produce of the Sabbatical year]. When it becomes mixed with other species, [the ruling depends on whether it has] imparted its flavor [or not].

Just as it is forbidden to work the land in the Sabbatical year, so too, it is forbidden to reinforce the hands of the Jews who do till it or to sell them farming tools, for it is forbidden to strengthen the hands of transgressors.

These are the utensils which a craftsman is not permitted to sell in the Sabbatical year to someone who is suspect [to violate the laws of] the Sabbatical year: a plow and all of its accessories, a yoke [for a team of oxen], a winnowing fork, and a mattock. This is the general principle: Any [utensil] that is exclusively used for a type of work that is forbidden in the Sabbatical year is forbidden to be sold to a person suspect [to violate the laws of] the Sabbatical year. [If it is used for] a type of work that may be forbidden or which might be permitted, it is permitted to be sold to a person suspect [to violate the laws of] the Sabbatical year.

What is implied? He may sell him a sickle and a wagon and all of its accessories. For if he uses it to harvest a small amount of produce and he brings a small amount of produce on the wagon, it is permitted. If, however, he harvests in the ordinary manner of reapers or brings all the produce of his field, it is forbidden.

It is permissible to sell [a utensil] - even one which is exclusively used for tasks forbidden in the Sabbatical year - to someone who is not suspect [to violate the laws of] the Sabbatical year without any stipulations, because it is possible that he purchased the article in the Sabbatical year to perform work [with it] after the Sabbatical year.

A potter may sell a person five jugs for oil and fifteen jugs for wine. It is permitted to sell a larger amount to a gentile. One need not suspect that perhaps he will sell them to a Jew. One may sell many jugs to a Jew in the Diaspora. One need not suspect that perhaps he will bring them to Eretz [Yisrael].

One may sell a cow that plows to a person suspect [to violate the laws of the Sabbatical year] in the Sabbatical year, because it is possible to slaughter it. One may sell such a person a field, for it is possible that he will leave it fallow. He may not, however, sell him an orchard unless he stipulates that [the purchaser] does not have a share in the trees' [produce]. He may lend him [a measure of] a se'ah even though he knows that he has a granary, because he might use it to measure in his house. And he may exchange money for him even though he knows that he has workers [employed in violation of the laws of the Sabbatical year]. In all these instances, [if the purchaser states] explicitly [that he is intending to use the article in violation of the laws of the Sabbatical year, it] is forbidden.

Similarly, a woman may lend a sifter, a sieve, a mill, and an oven to a friend who is suspect [to violate the prohibitions of the Sabbatical year], but she may not sift or grind with her.

We may encourage the gentiles [working] in the Sabbatical year, but only verbally. For example, if one sees one plowing or sowing, he should tell him: "Be strong," "Be successful," or the like, because they are not commanded to let the land rest. One may not physically assist them. It is permitted to remove honey from a beehive with them and one may enter a sharecropping agreement with them for land whose ground was broken [in the Sabbatical year], for they are not obligated to observe [these restrictions]. [Hence,] they are not penalized [for their violation].

In Syria, it is permitted to perform labor with produce that has been harvested, but not with produce that is still connected to the earth. What is implied? One may thresh produce, winnow it, squeeze grapes, and make sheaves out of grain, but one may not harvest grain, grapes, olives, or perform any similar activities.

Just as it is forbidden to engage in business transactions with the produce of the Sabbatical year or to store them [until after the obligation of biyur has been incurred], so too, it is forbidden to purchase them from a common person. [The rationale is that] we do not give even the slightest amount of money exchanged for the produce of the Sabbatical year to a common person, lest he not partake of [food purchased with it] in a manner that befits the holiness of the Sabbatical year.

When a person purchases a lulav from a common person in the Sabbatical year, he should give him an esrog as a present. If he does not give it to him, he should have the price of the esrog included in the price of the lulav.

When does the above apply? When a person sells types of fruit that are usually protected, e.g., figs, pomegranates, or the like. If, however, he sells fruit which we could assume is ownerless, e.g., rue, amaranth, moss rose, coriander and the like, it is permitted to purchase from them a small amount, merely the worth of three meals. [This leniency was granted to allow] the seller to earn his livelihood.

Similarly, any species from which the tithes are not obligated to be separated, e.g., exceedingly powerful garlic, the onions of Rikpah, a pearled Cilcilian bean, Egyptian lentils, and the like, and also the seeds of plants when [the seeds] are not eaten, e.g., those of turnips, radishes, and the like, may be purchased from any person in the Sabbatical year.

When does the above apply? To an ordinary common person. When, however, one is suspect to carry out transactions with the produce of the Sabbatical year or to guard his produce and sell it, we may not purchase anything from him that has any connection to the Sabbatical year. [Similarly,] we may not purchase flax - even combed out flax - from him. One may, however, purchase [flax] that has been spun and twisted [into threads].

A person who is suspect [to sell produce of] the Sabbatical year is not necessarily considered as suspect to [sell produce of the second] tithe. [Similarly,] one who is suspect [to sell produce of the second] tithe is not necessarily considered as suspect [to sell produce of] the Sabbatical year even though they are both Scriptural commandments. [The rationale is that each possesses a stringency which the other lacks.] The [second] tithe must be brought to [Jerusalem] and this does not apply with regard to [the produce of] the Sabbatical year. [Conversely, the produce of] the Sabbatical year cannot be redeemed and this does not apply with regard to [the produce of] the second tithe.

A person who is suspect [of selling impure food as if it were] ritually pure is not suspect [to sell produce of the second] tithe or [that of] the Sabbatical year. For the impure food that was sold as being ritually pure imparts impurity to others only according to Rabbinic Law and one who is suspect [of causing the transgression] of Rabbinic Law is not suspect [of causing the violation] of Scriptural Law.

Whenever a person is suspect [of selling entities in violation of a prohibition], even though his word is not accepted with regard to his own property, his word is accepted with regard to [the property of] others. We operate under the assumption that a person will not violate a prohibition for the sake of others. Therefore even though a person is suspect with regard to a given [prohibition], he may judge and offer testimony regarding this matter.

Priests are considered suspect with regard to [the prohibitions of] the Sabbatical year. [The reason is that] they rationalize their conduct saying: Since the terumot are permitted to us even though they are forbidden to non-priests [and this violation is punishable] by death, certainly, the produce of the Sabbatical year is permitted to us. Therefore when a se'ah of terumah falls into 100 se'ah of the produce of the Sabbatical year, a se'ah should be separated. If it fell into less than 100 se'ah, the entire mixture should be left to rot instead of being sold to priests as other produce which is miduma, because they are suspect to violate the prohibitions of the Sabbatical year.

Painters and cattle-raisers may purchase bran from any source. They need not suspect it is sefichin of the Sabbatical year.

In the Sabbatical year, the collectors of the kupah were not careful [to refrain from entering] the courtyards of those who partake [of the sefichin] of the Sabbatical year. If they gave a loaf of bread, it is permitted [for the poor to partake of it]. We do not suspect that perhaps it is from the sefichin of the Sabbatical year. For the Jews were not suspect to give [the produce of the Sabbatical year to charity], only money received for the produce of the Sabbatical year or eggs which were purchased with money received for the produce of the Sabbatical year. It is permitted to borrow the produce of the Sabbatical year from the poor. They should be repaid with produce in the eighth year.

It is a positive commandment to nullify a loan in the Sabbatical year, as [Deuteronomy 15:2] states: "All of those who bear debt must release their hold." A person who demands payment of a debt after the Sabbatical year passed violates a negative commandment, as it is stated [ibid.]: "One shall not demand [payment] from his friend and his brother."

The nullification of debts applies according to Scriptural Law only in the era when the Jubilee year is observed and [the sale of] land is also nullified, for the land [that has been sold] returns to its original owners without financial payment. This matter was conveyed through the chain of tradition. Our Sages declared: In the era when you nullify [the sale of] land, you nullify debts everywhere, whether in Eretz Yisrael or in the Diaspora. In the era when you do not nullify [the sale of] land, you do not nullify debts anywhere, even in Eretz Yisrael.

According to Rabbinic Law, the nullification of debts applies in the present age in all places, even though the Jubilee year is not observed. [This is a decree, instituted] so that the concept of the nullification of debts will not be forgotten by the Jewish people.

The Sabbatical year does not nullify debts until its conclusion. [This is derived as follows: Deuteronomy 15:1-2] states: "At the end of seven years, you shall effect a remission. This is the matter of the remission." And [Deuteronomy 31:10] states: "At the end of seven years, at the time of the Sabbatical year, during the holiday of Sukkot." Just as in that instance, [the event takes place] after the seven [years], so too, the nullification of the debts takes place after the seven [years]. Therefore if one lent money to a colleague in the Sabbatical year itself, he may demand payment of his debt for the entire year. When the sun sets on the night of Rosh HaShanah of the eighth year, the debt is nullified.

If one slaughtered a cow and divided it under the supposition that today would be [declared as] Rosh HaShanah, but instead, a day was added to Elul and thus that day was the final day of the Sabbatical year, the money is lost, for the Sabbatical year ended while the debt was extant.

The Sabbatical year nullifies a loan, even a loan supported by a promissory note which creates a lien on one's possessions. If, however, the borrower designated a field [to serve as payment] for the loan, it is not nullified. The Sabbatical year also nullifies the obligation to take an oath, for [the prooftext] states: "He shall not demand," i.e., neither payment, nor an oath.

When does the above apply? With regard to an oath imposed by the judges and the like, i.e., obligations that were he to accept them, the Sabbatical year would nullify them. But oaths taken by watchmen or partners and the like, i.e., oaths that were he to admit [the obligation], he would be required to pay [after the Sabbatical year], he is required to take the oath after the Sabbatical year.

If a person gave a colleague a loan and then demanded payment, [the colleague] denied the obligation and remained in denial when [the conclusion of] the Sabbatical year arrived and then he admitted his obligation or witnesses came [and testified to that effect] after the Sabbatical year [was concluded], the obligation is not nullified.

When a person lends money to a colleague and sets [the time of payment] in ten years time, it is not nullified [by the Sabbatical year. The rationale is that] although [ultimately, the command,] "Do not demand [payment]" will apply, at present, he may not demand payment. If he stipulated that he would not demand payment, [the debt] is nullified by the Sabbatical year.

When a person lends money to a colleague and he stipulates with [the borrower] that [the debt] will not be nullified by the Sabbatical year, it is nullified, for he cannot negate the law of the Sabbatical year. If [the borrower] stipulates that he will not nullify this debt, even in the Sabbatical year, the stipulation is binding, for any stipulation made regarding financial matters is binding. Thus this person took on a financial obligation which the Torah did not obligate him in.

An account at a store is not nullified by the Sabbatical year. If it is established as a debt, it is nullified. The wage of a worker is not nullified. If it is considered as a debt, it is nullified.

The fines for a rapist, a seducer and one who spreads a slanderous report [about his wife] are not nullified by the Sabbatical year. If they are considered as debts, they are nullified. When are they considered as a debt? When the matter was brought to court.

When a person divorces his wife before the Sabbatical year, [his obligations to her by virtue of] her ketubah are not nullified by the Sabbatical year. If she impaired the legal power [of her ketubah] or considered it as a debt, it can be nullified.

When a person lends money in exchange for security, the debt is not nullified by the Sabbatical year, provided the security is equal in value to the debt. If the debt exceeds the value of the security, the extra amount is nullified by the Sabbatical year.

When a person hands over his promissory notes to the court, telling [the judges]: "Collect my debt for me," the debts are not nullified by the Sabbatical year. [This is derived from Deuteronomy 15:3]: "[a debt] that you have from your brother."[Implied is that debts demanded by "your brother," a private individual, are nullified by the Sabbatical year. [Payment for] these [debts, by contrast,] is being demanded by the court. Similarly, if the court rendered a judgment, writing: "So-and-so, you are obligated to give this person this-and-this amount," [the debt] is not nullified. Such [a debt] is considered as if it has already been collected and entered [the creditor's] possession. It does not resemble a loan.

When Hillel the Elder saw that the people would refrain from lending to each other and thus violated the Scriptural charge [Deuteronomy 15:9]: "Lest there be a wicked thought in your heart," he ordained a pruzbol so that debts would not be nullified and people would lend to each other. A pruzbol is effective only with regard to the nullification of debts in the present era which are a Rabbinic institution. A pruzbol is not effective with regard to the nullification of debts by Scriptural Law.

A pruzbol should be composed only by very great Sages like the court of Rabbi Ami and Rabbi Assi, for they are suitable to release financial [obligations due] others. Other courts [of lesser authority] may not compose [a pruzbol].

This represents the body of a pruzbol: "I am notifying you, so-and-so and so-and so the judges in this-and-this places, [that I reserve the right] to collect all the debts [owed] to me at any time I desire." The judges or the witnesses should sign below.

A pruzbol may be composed only when [the borrower possesses] land. If the borrower does not possess land, the lender should grant the borrower even the slightest amount of land - even enough to grow a cabbage stalk- in his field. [Even if] he lent him place for an oven or a range, a pruzbol may be composed. If [the borrower] owns a field that was given as security, a pruzbol may be composed on that basis.

[A pruzbol] may be composed against a man based on property owned by his wife or against orphans on property owned by their guardian. If [the borrower] does not possess land, but the guarantor does, we can compose a pruzbol because of it. If [a borrower] is owed a debt by a colleague and the colleague owns land - since that land is on lien [to the first borrower] - we may compose a pruzbol because of it.

When one person borrows from five others, each one must have a pruzbol composed. When five people borrow from one, one pruzbol is sufficient for him for all the debts.

When a person has a pruzbol composed and then he makes a loan, it is not effective. Instead, the loan will be nullified unless he composes [another] pruzbol after giving the loan. Thus one can conclude that any loan which precedes a pruzbol is not nullified because of this pruzbol. If the pruzbol precedes the loan, it is nullified [despite] this pruzbol.

Accordingly, a pruzbol that is predated is valid, while one that is postdated, is invalid. What is implied? One wrote a pruzbol in Nissan and predated it to Adar, it is valid, for he has impaired its legal power, for [only the loans given] until Adar are not nullified. If, however, he postdated it and dated it in Iyar, it is invalid, for he has strengthened its legal power, for [were it to be effective] the loans given until Iyar would not be nullified. This is unlawful, because it is only [the loans given] until Nissan that are not nullified, for that [is when] the matters were conveyed to the court.

When a person produces a promissory note after the Sabbatical year without it being accompanied by a pruzbol, the debt is lost. If he says: "I possessed [a pruzbol] and it was lost, his word is accepted. For from the time of the danger onward, a creditor was allowed to collect his debt [after the Sabbatical year] without a pruzbol. Moreover, when a creditor would bring the promissory note [to court] or would come and demand payment of a loan supported by a verbal commitment [alone], [the court] tells the defendant: "Pay him." If the defendant claims: "Where is his pruzbol?", the court asks the plaintiff: "Did you have a pruzbol that was lost?" If he answers affirmatively, his word is accepted. If he admits that he did not have a pruzbol, the debt is nullified. Orphans do not require a pruzbol.

[When the plaintiff] produces a pruzbol, the defendant claims: "The loan for which he is demanding payment was made after the pruzbol," and the plaintiff retorts: "It was made before the pruzbol," the plaintiff's word is accepted. [The rationale is] were he to have claimed: "I had [a pruzbol] and it was lost," his word would have been accepted even though we do not know the date of the pruzbol that was lost.

If the defendant claims: "I owe him a debt," and the plaintiff states: "No, it is an account from a store which is not nullified [by the Sabbatical year], because I have not yet considered it as a loan," his word is accepted, for were he to desire, he could say: "It was a loan, but I had a pruzbol and it was lost." [Leniency is granted in these instances,] because once the Sages instituted [the concept of] pruzbol, we operate under the assumption that a person will not forgo something permitted and partake of something that is forbidden.

When Torah Sages offer loans to each other and one conveys his words to his students, saying: "I am notifying you [that I reserve the right] to collect all the debts [owed] to me at any time I desire," he does not have to compose a pruzbol. [The rationale is that Torah scholars] know that the nullification of debts in the present era is a Rabbinic decree and it can be negated verbally.

[Whenever] anyone returns a debt [despite the fact] that the Sabbatical year has passed, the spirits of our Sages are gratified because of him. [When receiving the payment,] the lender must say to the one who is making restitution: "I am nullifying [the debt] and your [obligation] to me has been released." If the debtor says: "Nevertheless, I desire that you accept it," he should accept it. For the Torah states: "One shall not demand [payment]," and payment was not demanded. [The debtor] should not tell [the creditor]: "I am giving them to you as [payment of ] my debt. Instead, he should tell him: "[The money] is mine, and I am giving it to you as a present."

If [a debtor] returned a debt, but did not make the above statements, [the lender] should turn the conversation to the point where the debtor says: "[The money] is mine, and I am giving it to you as a present." If [the debtor] does not make such statements, [the creditor] should not accept it from him. Instead, [the debtor] should take his money and depart.

One who refrains from lending money to a colleague before the Sabbatical year lest [the repayment] of the debt be delayed and it be nullified, violates a negative commandment, as [Deuteronomy 15:9] states: "Be careful [lest there be a wicked thought in your heart....]" It is a severe sin, for the Torah warned against it with two adjurations, for it is written: "Be careful lest," and whenever the Torah uses the expressions "Be careful," "lest," or "Do not," it is communicating a negative commandment. The Torah objected to this evil thought and called it "wicked" and the verse continued warning and commanding one not to refrain [from lending], but to give [the loan], as [ibid.:10] states: "You shall certainly give him and your Heart should not regret giving him." [Indeed,] the Holy One, blessed be He, promised that the reward for this mitzvah will be granted in this world, as [the verse continues:] "Because of this G-d will bless you."

It is a positive commandment to count sets of seven years and to sanctify the fiftieth year, as [Leviticus 25:8-10] states: "And you shall count seven years for yourselves... and you shall sanctify the fiftieth year." These two mitzvot are entrusted to the High Court alone.

When did the counting begin? After the fourteen years following the entry into Eretz [Yisrael]. [This is derived from Leviticus 25:3]: "Six years shall you sow your field and six years shall you trim your vineyard." [Implied is that] each person must recognize his [portion of the] land. [The people] took seven years to conquer the land and seven years to divide it. Thus the counting began after the 2503rd year after the creation, from Rosh HaShanah, after the conjunction [of the sun and the moon before the creation] of Adam, which was in the second year of the creation. They declared the [two thousand,] five hundred, and tenth year after the creation which was the 21st year after the entry into Eretz Yisrael as the Sabbatical year. They counted seven Sabbatical years and then sanctified the fiftieth year which was the 64th year after they entered Eretz [Yisrael].

The Jewish people counted 17 Jubilee years from the time they entered [Eretz Yisrael] until they departed. The year they departed, when the Temple was destroyed the first time, was the year following the Sabbatical year and the 36th year in the Jubilee cycle. For the First Temple stood for 410 years. When it was destroyed, this reckoning ceased. After it ceased, the land remained desolate for seventy years. Then the Second Temple was built and it stood for 420 years. In the seventh year after it was built, Ezra ascended [to Eretz Yisrael]. This is referred to as the second entry. From this year, they began another reckoning. They designated the thirteenth year of the Second Temple as the Sabbatical year and counted seven Sabbatical years and sanctified the fiftieth year. Although the Jubilee year was not observed in [the era of] the Second Temple, they would count it in order to sanctify the Sabbatical years.

It follows that the year in which the [Second] Temple was destroyed, [more precisely, the year] beginning from Tishrei that was approximately two months after the destruction - for the reckoning of Sabbatical and Jubilee years begins in Tishrei - was the year following the Sabbatical year. It was the fifteenth year of the ninth Jubilee cycle. According to this reckoning, this year which is the 1107 year after the destruction, which is the 1487th year according to the reckoning of legal documents, which is 4936th year after the creation, is a Sabbatical year and it is the 21st year of the Jubilee cycle.

Nevertheless, all of the Geonim have said that they have received a tradition, transferred from teacher to student that in the seventy years between the destruction of the First Temple and the building of the Second Temple, they counted only Sabbatical years, not the Jubilee year. Similarly, after the destruction of the Second Temple, they did not count the fiftieth year. Instead, they counted only sets of seven from the beginning of the year of the destruction. [This interpretation] is also apparent from the Talmud in Avodah Zarah. This reckoning is a received tradition.

[The reckoning of] the Sabbatical year is well-known and renowned among the Geonim and the people of Eretz Yisrael. None of them make any reckoning except according to the years of the destruction. According to this reckoning, this year, which is the 1107th year after the destruction is the year following the Sabbatical year. We rely on this tradition and we rule according to it with regard to the tithes, the Sabbatical year, and the nullification of debts, for the received tradition and deed are great pillars in establishing [Halachic] rulings and it is appropriate to rely on them.

The Jubilee year is not counted in the set of Sabbatical years. Instead, the 49th year is a Sabbatical year and the fiftieth year is a Jubilee year. Then the 51st year is the first of the six years of the [next] Sabbatical cycle. This is true of every Jubilee year.

From the time the tribes of Reuven and Gad and half the tribe of Menasheh were exiled, [the observance] of the Jubilee year ceased, as [implied by Leviticus 25:10]: "You shall proclaim freedom throughout the land to all of its inhabitants." [One can infer that this commandment applies only] when all of its inhabitants are dwelling within it. [Moreover,] they may not be intermingled, one tribe with another, but rather each tribe is dwelling in its appropriate place. When the Jubilee is observed in Eretz [Yisrael], it should also be observed in the Diaspora, as [implied by the phrase used in the above verse:] "It is the Jubilee," [i.e.,] in every place. [This applies] whether the Temple is standing or whether the Temple is not standing.

When [the laws of] the Jubilee year are observed, the laws of a Hebrew servant are observed, as are the laws of homes in a walled city, the laws of a field given as a dedication offering, and the laws of ancestral fields. We accept [a gentile as] a resident alien and the Sabbatical year is observed in Eretz [Yisrael] and debts are nullified in all places according to Scriptural Law. In the era when the Jubilee year is not observed, none of these mitzvot are observed except the Sabbatical year in Eretz [Yisrael] according to Rabbinic Law and also the nullification of debts in all places according to Rabbinic Law, as we explained.

It is a positive commandment to sound the shofar on the tenth of Tishrei in the Jubilee year. This mitzvah is entrusted to the [High] Court first, as [Leviticus 25:9] states: "You shall sound a shofar blast. Each and every individual is also obligated to sound the shofar, as [the verse] continues: "and you shall sound the shofar." We sound nine shofar blasts in the same way as we sound them on Rosh HaShanah. We sound the shofar throughout the boundaries of [Eretz] Yisrael.

[The requirements] of shofar used for the Jubilee and Rosh HaShanah are the same in all matters. Both on Rosh HaShanah and in the Jubilee the tekiyot are sounded except in the Jubilee year, they are sounded both in the court that sanctifies the new moon and in a court that does not sanctify the moon. [Moreover,] for the entire time the court is in session, every individual is obligated to sound [the shofar even] outside the presence of the court.

When Rosh HaShanah falls on the Sabbath, by contrast, [the shofar] would be sounded only in a court that sanctified the new moon. Every individual may sound [the shofar] only in the presence of the court.

[The observance of] three matters are of critical importance with regard to the Jubilee year: the sounding of the shofar, the release of servants, and the return of fields to their owners. This is referred to as "the release of land."

From Rosh HaShanah until Yom Kippur, servants would not be released to their homes, nor would they be subjugated to their masters, nor would the fields return to their [original] owners. Instead, the servants would eat, drink, and rejoice, with crowns on their heads. When Yom Kippur arrives and the shofar is sounded in the court, the servants are released to their homes and the fields are returned to their owners.

With regard to the land being allowed to rest, the laws of the Jubilee year are the same of those of the Sabbatical year. Whatever agricultural labors are forbidden in the Sabbatical year are forbidden in the Jubilee year. Whatever is permitted in the Sabbatical year is permitted in the Jubilee. Whenever the performance of a labor is punishable by lashes in the Sabbatical year, it is punishable by lashes in the Jubilee year. [Similarly,] the laws governing the eating, sale, and removal of the produce of the Jubilee year are the same as those governing the produce of the Sabbatical year in all respects.

The Sabbatical year has an added dimension lacking in the Jubilee, for debts are nullified in the Sabbatical year, and they are not nullified in the Jubilee. The Jubilee year has an added dimension lacking in the Sabbatical year, for in the Jubilee, servants are released and land is released. This refers to the laws regarding the sale of land in the Torah. This is a positive commandment, as [Leviticus 25:24] states: "You shall grant redemption to the land. The Jubilee year releases land at its beginning, while the Sabbatical year does not release debts until its conclusion, as explained.

[The portions of] Eretz Yisrael that were divided among the tribes can never be sold permanently, as [Leviticus 25:23] states: "The land will not be sold in perpetuity." If one sells the land in perpetuity, both [the buyer and the seller] violate a negative commandment. Their deeds are of no consequence, and the land reverts to its [original] owner in the Jubilee year.

When a person sells his field for 60 years, it is not returned in the Jubilee. For [the only property] that returns in the Jubilee year is property that is sold without qualification or property that is sold in perpetuity.

A person should not sell his home or his ancestral field even though it returns to him eventually, unless he becomes impoverished, as [Leviticus 25:25] states: "If your brother becomes indigent and sells his ancestral heritage." One is not permitted to sell [such property] and hold the money in his pocket, engage in commerce with them, or purchase utensils, servants, or livestock. [He is only allowed to] sell to provide himself with sustenance. [Nevertheless,] if one transgressed and sold [such property], the sale is valid.

Judgments are made with regard to a home in accordance with the laws of a walled city, and with regard to a field in accordance with the laws of a field that is an ancestral heritage. The laws of a person who sells a field that is an ancestral heritage [require] the calculation of the years remaining until the Jubilee. Whenever [the original owner] desires to redeem the field he should make a reckoning with the purchaser with regard to the years from which he benefited from the field and reduce that from the purchase price and return the remainder.

What is implied? There remained ten years until the Jubilee and a field was sold for 100 dinar. The purchaser benefited from the field for three years and then the seller desired to redeem his field. He should give him 70 dinar and then [the seller] should return the field. Similarly, if he benefited from the field for six years, he should give him 40 dinar and then [the seller] should return the field. If he did not redeem it, but instead left it in the purchaser's possession until the Jubilee, and then it should return to the owner without money, as [indicated by Leviticus 25:15]: "According to the number of years of [its] crops, he will sell it to you."

If he sold it to him when it was filled with produce and then he redeemed it after two years, he cannot tell him: "Return it to me filled with produce as it was when I sold it to you." Therefore if he sold it to him filled with produce before Rosh HaShanah and redeemed it after two years, the purchaser will have benefited from three harvests in those two years. Nevertheless, [the reduction of the price] is calculated only according to two years, as [implied by ibid. 27:18: "the priest shall calculate the money...] according to the remaining years," [i.e., the calculation is made according to years,] and not according to crops.

The shoots, the twigs, and the fruits from the wild fig trees contained within it belong to the purchaser like its other produce. If, however, [the branches of a tree] are cut down or it dries, they are both forbidden to benefit from it. What should be done? It should be sold and land purchased with the proceeds. The purchaser is entitled to benefit from that land until the [original] field is redeemed from him.

If a person purchases a field that is an ancestral heritage and plants trees which increase the value [of the field], when it returns [to its original owner] in the Jubilee, we should evaluate the increase in value brought about by the trees in it and the owner of the field must pay this sum to the purchaser. [This is derived from ibid. 25:33]: "A home that was sold shall go out... [in the Jubilee]." [Implied is that the home] is returned, but not the increase in its value.

When a person sells his field in the era when the Jubilee year is observed as we explained, he is not permitted to redeem it in less than two years, as [ibid.:15] states: "According to the number of years of [its] crops, he will sell it to you." Even if the purchaser was willing [to return it earlier], it is forbidden, as [the same verse] states: "According to the number of years after the Jubilee shall you purchase it from your colleague." [The purchaser must maintain possession for] at least two years from the date of the sale.

The purchaser must benefit from two crops in these two years and then [the seller] may redeem it, for it is written "years of its crops." Therefore if one of the two years were the Sabbatical year or a year of windblast or blight, they are not included in the reckoning.

If, however, the purchaser left it fallow one year and then benefited from it in the second year or benefited from it one year and then lightly plowed it, but did not sow it in the following year, [these years] are included in the reckoning. If he sold it in the Jubilee itself, the sale is not binding and the money should be returned to the seller.

If he sold it one year before the Jubilee, the purchaser benefits from it for a second year after the Jubilee, as [implied by the phrase]: "years of its crops."

If he sold clefts that were filled with water or rocky [land] that was not fit to sow upon, he may redeem them in less than two years, as [implied by the phrase]: "years of its crops." One might infer that it is only a field that is fit to grow crops that is not redeemed in less than two years. [Nevertheless,] if the original owner did not redeem [this land], it returns to him in the Jubilee even though it is not fit to be sown.

If he sold [fruit-]trees, they may not be redeemed in less than two years, for they are fit to produce crops. If he did not redeem them, they are not returned to the owner in the Jubilee, as [implied by ibid.:27]: "he shall return to his ancestral heritage." [This excludes] trees.

If a person sold his field to one person, that person sold it to a second, the second to a third - even if there were 100 consecutive sales - in the Jubilee, it returns to its original owner, as [implied by Leviticus 27:24]: "In the Jubilee year, the field will return to the one from whom he purchased it, whose ancestral heritage it was."

If [the owner] sold it to the first purchaser for 100 dinarim and [the latter] sold it to the second for 200, should the original owner desire to redeem it, he makes a reckoning only with the first purchaser, as [ibid. 25:27] states: "[And return the remainder] to the man to whom he sold it." If [the owner] sold it to a person for 200 and [the latter] sold it for 100, [the owner] makes a reckoning with the final [purchaser]. Similarly, if he sold the field for 100 and it increased in value in the possession of the purchaser until it was appropriate to be sold for 200, the reckoning should be made according to the purchase price. If he sold it for 200 and its value diminished and it is now fit to be sold for 100, the reckoning should be made according to its present value. [The general principle is:] We always augment the legal power of the seller of an ancestral heritage and weaken the legal power of the purchaser.

When a person sells a field that is an ancestral heritage, but he also possesses other fields and sells some of those other fields to redeem [his ancestral heritage] that he sold, his [request to redeem the field] is not heeded, for [ibid.:26] states: "And he attained enough to redeem it." [We can infer that] he must attain something that was not accessible to him at the time he sold it. Similarly, if he borrowed [money] to redeem [the field], his [request] is not heeded, for that verse states: "And he acquired." [Implied is that he must obtain the means on his own], not through a loan.

If he attained a small amount [of resources] and desired to redeem half the field he sold, his [request] is not heeded, for that verse states: "enough to redeem it." Either he redeems the entire [field] or he does not redeem at all. If a relative desired to redeem it, he may, as [ibid.:25] states: "And his redeemer who is related to him shall come...."

When a person gives his field away as a present, it returns to him in the Jubilee, as [ibid.:13] states: "Each man shall return to his ancestral heritage." This includes one who gave [it away as] a present.

Brothers who divide [an inheritance] are considered as purchasers and each one should return his portion to the other in the Jubilee, but their division is not nullified. Similarly, a firstborn and one who performs yibbum with his brother's wife, return the portion that they received in the Jubilee and take another portion instead of it.

[Different rules apply with regard to a husband] who inherits his wife's [property]. Although a husband's inheritance of this property is a Rabbinic ordinance, our Sages reinforced their decree as if it were of Scriptural origin and he is not required to return it [to the women's family] in the Jubilee year. If he inherited a [family] cemetery from her, he should return it to her family members lest this blemish [the reputation of] the family. They should pay him its worth after deducting the value of his wife's grave, for he is obligated to bury her.

A person who sells a house in a city surrounded by a wall may redeem it throughout a twelve month period from the day he sold it whenever he desires, even on the day he sold it. When he redeems it, he returns all the money he received and does not deduct anything from the purchaser.

Relatives may not redeem it, only the seller himself if he obtains the means. He may sell his property and redeem it, but he may not borrow to redeem it, nor may he redeem it partially.

If the purchaser dies, [the original owner] may redeem it from his son. Similarly, if the seller dies, his son may redeem it for the duration of the twelve months.

If [the seller] sold it to one person and he sold it to another, the reckoning is made from [the date of] the first [sale]. When the first year is concluded, the house is established as the property of the [second] purchaser. For the [second] seller sold to the second [purchaser] all the rights that will accrue to him [with regard to this property]. If twelve months pass and it is not redeemed, it is established as the property of the [second] purchaser. Similarly, if [a person] gave a house as a present and did not redeem it within these twelve months, it is established as the property of the recipient of the present.

During a leap year, the permanent disposition of the property is not brought about until the end of the year, as [Leviticus 25:30] states: "Until a complete year is completed for it." [This wording indicates that] the extra month [of the leap year] is included.

[The following rules apply when a person] sold two houses, one in the middle of Adar 1 and the other on Rosh Chodesh Adar II. When the month of Adar arrives in the following year, the year for the house sold on Rosh Chodesh II is completed. The year for the house sold in the middle of Adar I is not completed until the middle of Adar in the following year, for the purchaser took possession in the middle of the extra month [of the leap year].

If the final day of the twelfth month arrives and [the seller] cannot find the purchaser to redeem his field from him, he may deposit his money in the court, break down the door, and enter his home. Whenever the purchaser comes, he may take his money.

When a person consecrates a house in a walled city and another person redeems it from the Temple treasury, when a year passes from the time that it was redeemed from the Temple treasury without it being redeemed by its [original] owner, it becomes established as the property of the one who redeemed it [from the Temple treasury]. For the Temple treasury does not become the permanent owner, the purchaser does, as [implied by Leviticus 25:30]: "the one who purchases it for his generations."

When a person sells a house in a walled city and the Jubilee arrives within the first year after the sale, the house does not revert to its owner in the Jubilee. Instead, it remains in the possession of the purchaser until the seller decides to redeem it throughout the year after its sale or it becomes established as the property [of the purchaser] after that year is completed.

When a person sells a home in a settlement or in a city that is not surrounded by a wall in the appropriate manner, he may redeem it according to the advantages that apply with regard to both the redemption of an [ancestral] field and the redemption of a home in a walled city. What is implied? If he desires to redeem [the home] immediately, he may, as is the law with regard to a home [in a walled city]. If the twelve months pass and he does not redeem it, he may redeem it until the Jubilee, as is the law regarding a field. When he redeems it, he makes a reckoning with the purchaser and subtracts the value of the benefit he received. If the Jubilee arrives without having redeemed it, the house returns [to the owner] without payment, as is the law with regard to fields.

Any [residential property] within a city's wall, e.g., gardens, bathhouses, and dovecotes, is considered as a house, for [ibid.] states: "that are in the city." Fields that are located in the city may be redeemed according to the rules applying to fields outside the city, as [implied the phrase (ibid.)]: "And the house that will be within the city will be established." [This includes] houses and anything resembling houses, not fields.

When a house is not four cubits by four cubits, it does not become the permanent property of the purchaser like the houses in a walled city. A house does not become the permanent property of a purchaser in Jerusalem. A house that is built in the wall is not considered as a home in a walled city.

When the roofs of a city serve as its walls or the sea serves as it wall,it is not considered as a city surrounded by a wall.

A city is not referred to as a walled city unless it has three or more courtyards and in each of the courtyards, it has two or more houses. [Moreover,] it must have been surrounded by a wall first and then the courtyards were built in its midst. If, however, a place was settled and afterwards, surrounded [by a wall] or it did not have [at least] three courtyards with [at least] two houses [each], it is not considered as a walled city. Instead, its houses are like the houses of a settlement.

We rely only on a wall that surrounded [a city] at the time of the conquest of the land. What is implied? When a city was not surrounded by a wall at the time when Joshua conquered the land even though it is surrounded now, [the houses in it] are considered as the houses of a settlement. [Conversely,] if a city was surrounded by a wall at the time of Joshua, even though it is not surrounded at present, it is considered as walled. When the Jews were exiled after the first destruction [of the Temple], the sanctity of the walled cities from Joshua's time were nullified. When Ezra ascended at the time of the second entry into the land, all of the walled cities of that time became consecrated. For the entry [into the land] at the time of Ezra, i.e., the second entry, was comparable to the entry at the time of Joshua. Just as [after] their entry at the time of Joshua, they counted Sabbatical years and Jubilees, sanctified the homes in walled cities and were obligated in the tithes, so too, [after] their entry in the time of Ezra, they counted Sabbatical years and Jubilees, sanctified the homes in walled cities and were obligated in the tithes.

Similarly, in the Ultimate Future, upon the third entry to the land, we will begin to count the Sabbatical and Jubilee years and sanctify the homes in walled cities, and every place that will be conquered will be obligated in [the separation of] tithes, as [Deuteronomy 30:5]: "And G-d your Lord will bring you to the land that your ancestors possessed as a heritage and you shall possess." [The verse] equates [the Jews' ultimate] possession with that of their ancestors. Just as when your ancestors took possession of the land as a heritage, they practiced the renewal of all these observances, when you take possession of the land, you should practice the renewal of all these observances.

Although the tribe of Levi does not have an ancestral portion within Eretz [Yisrael], the Jewish people were commanded to give them cities to dwell in and [additional] residential property. The cities include the six cities of refuge and 42 additional cities. When cities of refuge will be added in the era of Mashiach, all will be given to the Levites.

[The obligation to give] the non-developed land around the cities is explicitly mentioned in the Torah as being [a radius of] three thousand cubits in every direction from the wall of the city outward, for [Numbers 35:4-5] states: "From the wall of the city onward, 1000 cubits on all sides" and continues: "You shall measure from the outside of the city 2000 cubits on the eastern side." The first thousand are left as [additional] residential property and the 2000 that are measured outside this residential property are for fields and vineyards.

Every city is given a cemetery outside these boundaries, for they do not bury their dead within their cities, as [implied by ibid.:3]: "The residential area will be for their animals, their property, and all their vital needs." [This land] was given "for their vital needs" and not for burial.

In the cities of the Levites, the city itself should not be transformed into an outlying residential area and the outlying residential area should not made part of the city. This outlying residential area should not be converted to fields, nor should the fields be converted into such a residential area, as [Leviticus 25:34] states: "The fields of the residential area of their cities should not be sold."

According to the Oral Tradition, it was taught that the phrase "should not be sold" should be interpreted as "should not be changed." Instead, all of the three, field, a residential area, and a city should remain in its original circumstances forever. Similarly, in the other cities of [Eretz] Yisrael, the outlying residential area should not be converted to fields, nor should the fields be converted into such a residential area. The city itself should not be transformed into an outlying residential area and the outlying residential area should not be made part of the city.

A person should not destroy his home to make it into a garden, nor should he plant a garden in his ruin, lest one destroy Eretz Yisrael.

The priests and the Levites who sold fields from the fields of their cities or homes from the homes in their walled cities do not redeem their property according to the procedures [explained above]. Instead, they may sell their fields even directly before the Jubilee and redeem them immediately. If they consecrated a field, they may redeem it from the possession of the Temple treasury after the Jubilee. They may redeem houses in a walled city whenever they desire, even after several years, as [Leviticus 25:32] states: "The Levites will have eternal rights of redemption."

When an Israelite inherits property from his maternal grandfather who was a Levi, although he is not a Levite, he may redeem [the property] as if he was a Levite. Since these cities or fields belong to the Levities, they may be redeemed forever. For this law is dependent on [the characteristics of] these places, not of the owners.

When a Levite inherits the property of his maternal grandfather who is an Israelite, he does not have the redemption rights of a Levite, only those of an Israelite, for the verse "The Levites will have eternal rights of redemption" applies only in the cities of the Levites.

The entire tribe of Levi are commanded against receiving an inheritance in the land of Canaan, and they were commanded against receiving a share in the spoil when the cities are conquered, as [Deuteronomy 10:9] states: "The priest and the Levites - the entire tribe of Levi - should not have a portion and an inheritance among Israel." "A portion" [refers to a portion] of the spoil; "an inheritance" refers to [a portion of] the land. And [Numbers 18:20]: "You shall not receive a heritage in their land, nor will you have a portion among them," i.e., in the spoil. If a Levite or a priest takes a portion of the spoil, he is punished by lashes. If he takes an inheritance in Eretz [Yisrael], it should be taken from his possession.

It appears to me that the above applies only with regard to the land for which a covenant was established with Abraham, Isaac, and Jacob, their descendants inherited it and it was divided among them. If, however, other lands will be conquered by a king of Israel, the priests and the Levites have the same rights as the entire Jewish people.

Why did the Levites not receive a portion in the inheritance of Eretz Yisrael and in the spoils of war like their brethren? Because they were set aside to serve G-d and minister unto Him and to instruct people at large in His just paths and righteous judgments, as [Deuteronomy 33:10] states: "They will teach Your judgments to Jacob and Your Torah to Israel." Therefore they were set apart from the ways of the world. They do not wage war like the remainder of the Jewish people, nor do they receive an inheritance, nor do they acquire for themselves through their physical power. Instead, they are G-d's legion, as [ibid.:11]: states: "G-d has blessed His legion" and He provides for them, as [Numbers 18:20] states: "I am your portion and your inheritance."

Not only the tribe of Levi, but any one of the inhabitants of the world whose spirit generously motivates him and he understands with his wisdom to set himself aside and stand before G-d to serve Him and minister to Him and to know G-d, proceeding justly as G-d made him, removing from his neck the yoke of the many reckonings which people seek, he is sanctified as holy of holies. G-d will be His portion and heritage forever and will provide what is sufficient for him in this world like He provides for the priests and the Levites. And thus David declared [Psalms 16:5]: "G-d is the lot of my portion; You are my cup, You support my lot." Blessed be the Merciful One who provides assistance.