פרשת בהר תשכ"ב - בדין מוכר עצמו לגר תושב ולגוי

כי ימוך אחיך ומכר AND IF THY BROTHER BE WAXEN POOR AND HAS SOLD AWAY [SOME OF HIS POSSESSION] — The introductory words teach us that one is not permitted to sell his real estate except under the pressure of poverty (cf. Sifra, Behar, Chapter 5 1).

לא תרדה בו בפרך THOU SHALT NOT RULE OVER HIM WITH RIGOUR — i. e. do not force him to do some useless work with the sole purpose of vexing him. Do not e.g. say to him, “Warm me this cup of drink" when this is unnecessary; nor: “Hoe beneath this vine tree until I come" whilst he does not know when you may be expected to come back. Perhaps you will say, “No one knows the fact — whether it is necessary or not, so I will tell him that it is necessary”! — the thing is thus entrusted to his (the master’s) heart only, therefore Scripture states, “but be afraid of thy God!” (Sifra, Behar, Section 6 2; see Rashi on Leviticus 19:32).

וכי תשיג יד גר ותושב עמך AND IF A STRANGE SOJOURNER WAX RICH BY THEE — The last word suggests: What was the cause that he has waxen rich? His close connection with thee (עמך) (Sifra, Behar, Chapter 8 1). ומך אחיך עמו AND THY BROTHER WAX POOR BY HIM — Here again the last word suggests: What was the cause that he has waxen poor? His intimacy with him (Sifra, Behar, Chapter 8 1), — because of the fact that he learned evil from his (the stranger’s) evil doings.

משפחת גר — itself denotes a heathen; since, however, Scripture adds the word לעקר “to the stock of the heathen’s family” it thereby refers to one who sells himself to the idol itself — to be its servant; not to worship it as a deity, but e. g., to chop wood or to draw water which are to be used in connection with this idol worship (cf. Sifra, Behar, Chapter 8 1; Bava Kamma 113b; Arakhin 30b; Kiddushin 20a).

יד גר ותושב [AND IF] A גר ותושב WAX RICH — This means a stranger, he being at the same time a sojourner with thee, as the Targum renders it: ערל תותב an uncircumcised sojourner (the phrase is hendiadys). The end of the verse proves this, for it states: “and he sells himself unto a strange sojourner” (גר תושב, without the copulative ו before the second word).

And if a stranger who is a settler with thee be waxen rich, and thy brother be waxen poor beside him, and sell himself unto the stranger who is a settler with thee, or to the offshoot of a stranger’s family,

משפחת גר — itself denotes a heathen; since, however, Scripture adds the word לעקר “to the stock of the heathen’s family” it thereby refers to one who sells himself to the idol itself — to be its servant; not to worship it as a deity, but e. g., to chop wood or to draw water which are to be used in connection with this idol worship (cf. Sifra, Behar, Chapter 8 1; Bava Kamma 113b; Arakhin 30b; Kiddushin 20a).

after that he is sold he may be redeemed; one of his brethren may redeem him;

Abaye said to that Sage: There, the verse brings him back, i.e., one must strive to redeem a Jew who has been sold as a slave. As the school of Rabbi Yishmael taught: Since this person who sold himself as a slave has gone and become a priest for idol worship, one might say: Let us throw a stone after the fallen, that is, since he has reached this nadir one should abandon him. Therefore, the verse states: “After he is sold he shall be redeemed; one of his brothers may redeem him” (Leviticus 25:48).

גאלה תהיה לו THEY MAY BE REDEEMED — at once if he (the vendor) so desires. In this respect it (the house in an unwalled city) has even a greater advantage than the fields, for the fields cannot be redeemed until two years have elapsed from the date of the sale (Arakhin 33a; cf. Rashi on v. 24).

עד שנת היובל [AND HE SHALL RECKON WITH HIM…] UNTO THE YEAR OF THE JUBILEE — for after all, essentially he has bought him only to work for him till the Jubilee, for surely you must admit in the Jubilee he is to go free, as Scripture states later ,on (v. 54) “[and if he be not redeemed in these ways], then he shall go out in the year of the Jubilee”. And, of course, Scripture is speaking here of a heathen who is under your control (i. e. who has to submit to your jurisdiction, for otherwise Scripture could not dictate to him) (Sifra, Behar, Chapter 9 3; Kiddushin 16a). But nevertheless you must not practise crooked ways against him because this would result in a desecration of the Name of the Lord (Bava Kamma 113a), but when he wishes to be redeemed he must be exact in his calculation — only just as much as is due each year shall the heathen allow him as a deduction from the purchase-money: (i. e. the Jew cannot demand a larger deduction); if e. g., there were twenty years from the date when he was sold till the Jubilee and he has bought him for twenty manehs — and consequently the heathen has purchased the labour of each year for one maneh — if he (the Jewish servant) stayed with him five years and then wishes to be redeemed, he (the master) has to allow him only a deduction of five manehs from the purchase-money, so that the servant must repay him fifteen manehs. This is the meaning of: והיה כסף ממכרו במספר שנים; AND THE PRICE OF HIS SALE SHALL BE CALCULATED AS HAVING BEEN ACCORDING TO THE NUMBER OF YEARS; כימי שכיר יהיה עמו AS AT THE RATE OF THE DAYS OF AN HIRED SERVANT SHALL HE HAVE BEEN WITH HIM — i. e. he shall calculate the amount due for each year as though he had hired himself out with him e. g., at one maneh per year and that amount only he (the master) has to allow him.

And he shall reckon with him that bought him from the year that he sold himself to him unto the year of jubilee; and the price of his sale shall be according unto the number of years; according to the time of a hired servant shall he be with him.

עד שנת היובל [AND HE SHALL RECKON WITH HIM…] UNTO THE YEAR OF THE JUBILEE — for after all, essentially he has bought him only to work for him till the Jubilee, for surely you must admit in the Jubilee he is to go free, as Scripture states later ,on (v. 54) “[and if he be not redeemed in these ways], then he shall go out in the year of the Jubilee”. And, of course, Scripture is speaking here of a heathen who is under your control (i. e. who has to submit to your jurisdiction, for otherwise Scripture could not dictate to him) (Sifra, Behar, Chapter 9 3; Kiddushin 16a). But nevertheless you must not practise crooked ways against him because this would result in a desecration of the Name of the Lord (Bava Kamma 113a), but when he wishes to be redeemed he must be exact in his calculation — only just as much as is due each year shall the heathen allow him as a deduction from the purchase-money: (i. e. the Jew cannot demand a larger deduction); if e. g., there were twenty years from the date when he was sold till the Jubilee and he has bought him for twenty manehs — and consequently the heathen has purchased the labour of each year for one maneh — if he (the Jewish servant) stayed with him five years and then wishes to be redeemed, he (the master) has to allow him only a deduction of five manehs from the purchase-money, so that the servant must repay him fifteen manehs. This is the meaning of: והיה כסף ממכרו במספר שנים; AND THE PRICE OF HIS SALE SHALL BE CALCULATED AS HAVING BEEN ACCORDING TO THE NUMBER OF YEARS;

עד שנת היובל [AND HE SHALL RECKON WITH HIM…] UNTO THE YEAR OF THE JUBILEE — for after all, essentially he has bought him only to work for him till the Jubilee, for surely you must admit in the Jubilee he is to go free, as Scripture states later ,on (v. 54) “[and if he be not redeemed in these ways], then he shall go out in the year of the Jubilee”. And, of course, Scripture is speaking here of a heathen who is under your control (i. e. who has to submit to your jurisdiction, for otherwise Scripture could not dictate to him) (Sifra, Behar, Chapter 9 3; Kiddushin 16a). But nevertheless you must not practise crooked ways against him because this would result in a desecration of the Name of the Lord (Bava Kamma 113a), but when he wishes to be redeemed he must be exact in his calculation — only just as much as is due each year shall the heathen allow him as a deduction from the purchase-money: (i. e. the Jew cannot demand a larger deduction); if e. g., there were twenty years from the date when he was sold till the Jubilee and he has bought him for twenty manehs — and consequently the heathen has purchased the labour of each year for one maneh — if he (the Jewish servant) stayed with him five years and then wishes to be redeemed, he (the master) has to allow him only a deduction of five manehs from the purchase-money, so that the servant must repay him fifteen manehs. This is the meaning of: והיה כסף ממכרו במספר שנים; AND THE PRICE OF HIS SALE SHALL BE CALCULATED AS HAVING BEEN ACCORDING TO THE NUMBER OF YEARS;

אם עוד רבות בשנים IF THERE BE YET MANY YEARS until the Jubilee.