פרשת בהר תשי"ט - מצוות השמיטה

And the LORD spoke unto Moses in mount Sinai, saying:

בהר סיני [AND THE LORD SPOKE UNTO MOSES] ON THE MOUNT SINAI — What has the matter of the Sabbatical year to do with Mount Sinai that Scripture fell compelled to expressly state where it was commanded? Were not all commandments given on Sinai? But this statement is intended to suggest the following comparison: How is it in the case of the law of Shemittah? Its general rules, [its specific prescriptions] and minute details were ordained on Mount Sinai! So, also, were all commandments with their general rules and their minute details ordained on Mount Sinai. Thus is in taught in Torath Cohanim (Sifra, Behar, Section 1 1). It seems to me that the following is the explanation of this: Since we do not find in Deuteronomy that the law concerning “the rest of the soil in the Sabbatical year” was repeated in “the fields of Moab” (cf. Deuteronomy 34:1; the place where Moses repeated many of the commandments contained in the other books of the Pentateuch), we may infer that all its general rules and specific prescriptions must have been promulgated on Sinai. The express mention of בהר סיני here appears therefore to be unnecessary but Scripture by mentioning it intends to teach regarding every Divine command (lit., Divine utterance) that was spoken to Moses that in every case they, their general rules and minute details originated at Sinai and that they were only repeated again in “the fields of Moab”.

Six years thou shalt sow thy field, and six years thou shalt prune thy vineyard, and gather in the produce thereof.

As to the precepts enumerated in the laws concerning the year of release and the jubilee (Hilkot shemittah ve-yohel) some of them imply sympathy with our fellow-men, and promote the well-being of mankind; for in reference to these Precepts it is stated in the Law, "That the poor of thy people may eat" (Exod. 23:11); and besides, the land will also increase its produce and improve when it remains fallow for some time. Other precepts of this class prescribe kindness to servants and to the poor, by renouncing an claims to debts [in the year of release] and relieving the slaves of their bondage [in the seventh year]. There are some precepts in this class that serve to secure for the people a permanent source of maintenance and support by providing that the land should remain the permanent property of its owners, and that it could not be sold." And the land shall not be sold for ever" (Lev. 25:23). In this way the property of a person remains intact for him and his heirs, and he can only enjoy the produce thereof. I have thus explained the reason of all precepts contained in our work in the Section Zera‘im, with the exception of the laws concerning the intermixture of different species of beasts the reason of which will be given (chap. xlix.).

The land shall be at rest. There are differing opinions about the reason for this mitzvah. Many say that the reason the land should rest is so that it will continue to be fertile for planting, and this is the reason favored by Rambam in Moreh Nevuchim. However, many disagree with him. They say that if the Torah was concerned about the land becoming infertile, why should they be liable exile for not keeping shemittoh? Their punishment would be the natural consequence that the land becomes infertile. Furthermore, this is not “a Shabbos for Hashem” but rather for the land. Additionally, why does it say (26:34): “The land will then be appeased for its Shabbosos”? What does it have to gain that Israel will be exiled from it and non-Jews will settle there? They will work the land incessantly!

The Torah does not always follow chronological order. This passage was given before the parasha of Vayyiqra and the parashiyyot that follow it, since it was said on Mount Sinai . It concludes the covenant [26:45] that was mentioned in the parasha of Mishpaṭim [Exodus 24:7]. It appears here, out of order, to connect the laws of incest with the conditions under which the land was given, because incest was one of the things for which the land would vomit them out [18:28]. The sabbatical years are the first condition listed (they are also discussed in the parasha of Beḥuqqotai [26:34 ff]).

The land shall be given a rest An Israelite must not allow a resident alien to sow his field on the Sabbatical year, just as we must not allow him to work on the Sabbath, as long as he is under our control.

its produce “The land”, mentioned in the previous verse, is the antecedent of the possessive pronoun.