כְּאִילּוּ הִתְעַנָּה תְּשִׁיעִי וַעֲשִׂירִי
as though he fasted on both the ninth and the tenth.
תָּנוּ רַבָּנַן יוֹבֵל הִיא אַף עַל פִּי שֶׁלֹּא שָׁמְטוּ אַף עַל פִּי שֶׁלֹּא תָּקְעוּ יָכוֹל אַף עַל פִּי שֶׁלֹּא שִׁלְּחוּ תַּלְמוּד לוֹמַר הִיא דִּבְרֵי רַבִּי יְהוּדָה
§ The Gemara continues with the topic of the Jubilee Year. The Sages taught in a baraita: The verse states: “And you shall hallow the fiftieth year, and proclaim liberty throughout all the land to all its inhabitants; it shall be a Jubilee for you” (Leviticus 25:10). The words “it shall be a Jubilee” come to teach that although they did not release property to its original owners, and although they did not sound the shofar, it is nevertheless a Jubilee Year, and the halakhot of the Jubilee year apply. One might have thought that although they did not send free the slaves it is also still a Jubilee Year. Therefore, the verse states: “It shall be,” this being a term of limitation. This teaches that at least one of the essential halakhot of the year must be observed, and if not, it is not a Jubilee Year. This is the statement of Rabbi Yehuda.
רַבִּי יוֹסֵי אוֹמֵר יוֹבֵל הִיא אַף עַל פִּי שֶׁלֹּא שָׁמְטוּ אַף עַל פִּי שֶׁלֹּא שִׁלְּחוּ יָכוֹל אַף עַל פִּי שֶׁלֹּא תָּקְעוּ תַּלְמוּד לוֹמַר הִיא
Rabbi Yosei says: “It shall be a Jubilee for you”; although they did not release property to its original owners, and although they did not send free the slaves, it is nevertheless a Jubilee Year. One might have thought that although they did not sound the shofar, it is also still a Jubilee Year. Therefore, the verse states: “It shall be.” Some act must be performed. In this case, the shofar must be sounded, otherwise it is not a Jubilee Year.
וְכִי מֵאַחַר שֶׁמִּקְרָא אֶחָד מְרַבֶּה וּמִקְרָא אֶחָד מְמַעֵיט מִפְּנֵי מָה אֲנִי אוֹמֵר יוֹבֵל הִיא אַף עַל פִּי שֶׁלֹּא שִׁלְּחוּ וְאֵין יוֹבֵל אֶלָּא אִם כֵּן תָּקְעוּ לְפִי שֶׁאֶפְשָׁר לָעוֹלָם בְּלֹא שִׁילּוּחַ עֲבָדִים וְאִי אֶפְשָׁר לָעוֹלָם בְּלֹא תְּקִיעַת שׁוֹפָר
Rabbi Yosei explains his position: Since one verse includes situations where the Jubilee is in force, and another verse excludes such situations, for what reason do I say that it is a Jubilee Year although they did not send free the slaves, but it is a Jubilee Year only if they sounded the shofar? This is since it is possible that there would be no sending free of slaves, as perhaps no one has any slaves to release, but it is impossible that there would be no sounding of the shofar, as a shofar can always be found. Therefore, it must be that it is the sounding of the shofar that is the indispensable criterion for the Jubilee Year.
דָּבָר אַחֵר זוֹ מְסוּרָה לְבֵית דִּין וְזוֹ אֵינָהּ מְסוּרָה לְבֵית דִּין
Alternatively: This, sounding the shofar, is given over to the court, which is obligated to blow it. But that, setting the slaves free, is not given over to the court but to each individual slave owner. It stands to reason that the indispensable criterion is one that is in the hands of the court and not in the hands of individuals.
מַאי דָּבָר אַחֵר וְכִי תֵּימָא אִי אֶפְשָׁר דְּלֵיכָּא חַד בְּסוֹף הָעוֹלָם דְּלָא מְשַׁלַּח זוֹ מְסוּרָה לְבֵית דִּין וְזוֹ אֵינָהּ מְסוּרָה לְבֵית דִּין
The Gemara asks: What is the need for Rabbi Yosei to add: Alternatively? Why is his first explanation insufficient? The Gemara answers: It is necessary, as, if you say that it is impossible that there should not be at least one slave owner at the end of the world, and therefore it is inconceivable that there will ever be a time when there are no slaves that are set free, you can nevertheless say that this, sounding the shofar, is given over to the court, but that, setting the slaves free, is not given over to the court.
בִּשְׁלָמָא לְרַבִּי יוֹסֵי כִּדְקָאָמַר טַעְמֵיהּ אֶלָּא לְרַבִּי יְהוּדָה מַאי טַעְמָא אָמַר קְרָא וּקְרָאתֶם דְּרוֹר בָּאָרֶץ וְקָסָבַר מִקְרָא נִדְרָשׁ לְפָנָיו וְלֹא לִפְנֵי פָנָיו
The Gemara asks: Granted, this is clear according to Rabbi Yosei, as he has stated his reasoning. But according to Rabbi Yehuda, what is the reason that the indispensable criterion for the Jubilee Year is sending free the slaves? The Gemara explains: The verse states: “And you shall proclaim liberty [deror] throughout all the land to all its inhabitants,” and immediately afterward it says: “It shall be a Jubilee for you.” And Rabbi Yehuda holds that a verse may be expounded in reference to the immediately preceding clause, but not in reference to the clause before that. Therefore, the exclusion implied by the words “it shall be,” is referring to what is stated in the immediately preceding clause: “And you shall proclaim liberty throughout all the land,” i.e., the emancipation of slaves. It is not referring to what is stated in the clause before that: “On Yom Kippur shall you sound the shofar throughout all your land.”
דְּכוּלֵּי עָלְמָא דְּרוֹר לְשׁוֹן חֵירוּת מַאי מַשְׁמַע דְּתַנְיָא אֵין דְּרוֹר אֶלָּא לְשׁוֹן חֵירוּת אָמַר רַבִּי יְהוּדָה מָה לְשׁוֹן דְּרוֹר כִּמְדַיַּיר בֵּי דַיָּירָא וּמוֹבִיל סְחוֹרָה בְּכׇל מְדִינָה
The Gemara asks: It is clear that according to everyone the term “deror” is a word meaning liberty. From where may this be inferred? The Gemara answers: As it is taught in a baraita: The word deror is a term meaning only liberty. Rabbi Yehuda said: What is the meaning of the word deror? It is like a man who dwells [medayyer] in any dwelling [dayyara] and moves merchandise around the entire country, i.e., he can live and do business wherever he wants.
אָמַר רַבִּי חִיָּיא בַּר אַבָּא אָמַר רַבִּי יוֹחָנָן זוֹ דִּבְרֵי רַבִּי יְהוּדָה וְרַבִּי יוֹסֵי אֲבָל חֲכָמִים אוֹמְרִים שְׁלָשְׁתָּן מְעַכְּבוֹת בּוֹ קָסָבְרִי מִקְרָא נִדְרָשׁ לְפָנָיו וְלִפְנֵי פָנָיו וּלְאַחֲרָיו
Rabbi Ḥiyya bar Abba said in the name of Rabbi Yoḥanan: This is the statement of Rabbi Yehuda and Rabbi Yosei, but the Rabbis say: All three of them are indispensable for the Jubilee Year: Releasing property, sounding the shofar, and liberating the slaves. They hold that a verse may be interpreted in reference to the immediately preceding clause, in reference to the clause before that, and it may also be interpreted in reference to the clause following it, as all of these halakhot are mentioned in this section, and the exclusion implied by the words “it shall be” applies to all of them.
וְהָכְתִיב יוֹבֵל הַהוּא דַּאֲפִילּוּ בְּחוּצָה לָאָרֶץ וְהָכְתִיב בָּאָרֶץ הָהוּא בִּזְמַן שֶׁנּוֹהֵג דְּרוֹר בָּאָרֶץ נוֹהֵג בְּחוּצָה לָאָרֶץ בִּזְמַן שֶׁאֵינוֹ נוֹהֵג בָּאָרֶץ אֵינוֹ נוֹהֵג בְּחוּצָה לָאָרֶץ
The Gemara asks: But isn’t it written “Jubilee Year,” which is a term of inclusion that should counter the exclusionary function of the words: “It shall be”? The Gemara answers: That term “Jubilee Year” comes to teach that the mitzva of the Jubilee applies even outside of Eretz Yisrael. The Gemara challenges: But isn’t it written: “Throughout the land,” implying that it applies only in Eretz Yisrael? The Gemara answers: That term, “throughout the land,” comes to teach that when liberation applies in Eretz Yisrael, it applies outside of Eretz Yisrael as well, and when liberation does not apply in Eretz Yisrael, it does not apply outside of Eretz Yisrael either.
וְלִנְטִיעָה מְנָלַן דִּכְתִיב שָׁלֹשׁ שָׁנִים עֲרֵלִים וּכְתִיב וּבַשָּׁנָה הָרְבִיעִית וְיָלֵיף שָׁנָה שָׁנָה מִתִּשְׁרִי דִּכְתִיב מֵרֵאשִׁית הַשָּׁנָה
§ The mishna teaches: And the first of Tishrei is the New Year for planting. It determines the years of orla, the three-year period from when a tree has been planted during which time its fruit is forbidden. The Gemara asks: From where do we derive this? As it is written: “Three years shall it be prohibited [arelim] to you; it shall not be eaten” (Leviticus 19:23), and it is written in the following verse: “And in the fourth year all its fruit will be sacred for giving praise to the Lord” (Leviticus 19:24). And it is derived by way of a verbal analogy between one instance of the word “year” and another instance of the word “year” that for this purpose the year begins from Tishrei, as it is written with regard to Tishrei: “From the beginning of the year” (Deuteronomy 11:12).
וְלִיגְמַר שָׁנָה שָׁנָה מִנִּיסָן דִּכְתִיב רִאשׁוֹן הוּא לָכֶם לְחׇדְשֵׁי הַשָּׁנָה דָּנִין שָׁנָה שֶׁאֵין עִמָּהּ חֳדָשִׁים מִשָּׁנָה שֶׁאֵין עִמָּהּ חֳדָשִׁים וְאֵין דָּנִין שָׁנָה שֶׁאֵין עִמָּהּ חֳדָשִׁים מִשָּׁנָה שֶׁיֵּשׁ עִמָּהּ חֳדָשִׁים:
The Gemara asks: But let us derive by way of a verbal analogy between one instance of the word “year” and another instance of the word “year” that for this purpose the year begins from Nisan, as it is written with regard to Nisan: “It shall be the first month of the year to you” (Exodus 12:2). The Gemara answers: The Sages derive the meaning of the word “year” as it appears in the verse about the orla, where months are not mentioned with it, from the word “year” as it appears in the verse in Deuteronomy above, where months are also not mentioned with it. And they do not derive the meaning of the word “year” where months are not mentioned with it from the word “year” as it appears in the verse where months are mentioned with it, i.e., “It shall be the first month of the year for you.”
תָּנוּ רַבָּנַן אֶחָד הַנּוֹטֵעַ אֶחָד הַמַּבְרִיךְ וְאֶחָד הַמַּרְכִּיב עֶרֶב שְׁבִיעִית שְׁלֹשִׁים יוֹם לִפְנֵי רֹאשׁ הַשָּׁנָה עָלְתָה לוֹ שָׁנָה וּמוּתָּר לְקַיְּימָן בַּשְּׁבִיעִית פָּחוֹת מִשְּׁלֹשִׁים יוֹם לִפְנֵי רֹאשׁ הַשָּׁנָה לֹא עָלְתָה לוֹ שָׁנָה וְאָסוּר לְקַיְּימָן בַּשְּׁבִיעִית
The Sages taught in a baraita: If one plants a tree, or layers a vine shoot into the ground so that it may take root, or grafts a branch onto a tree on the eve of the Sabbatical Year thirty days before Rosh HaShana, as soon as Rosh HaShana arrives, a year is counted for him. The thirty days count as a full year with regard to the prohibition of orla, and it is permitted to preserve the plant during the Sabbatical Year, as this is not considered new growth. However, if one performed these actions less than thirty days before Rosh HaShana, then when Rosh HaShana arrives, a year is not counted for him for orla, and it is prohibited to preserve the new growth during the Sabbatical Year.