פרשת בהר תשי"ד - מצוות היובל

ושבתם איש אל אחזתו AND YE SHALL RETURN EVERY MAN UNTO HIS POSSESSION — This means that the fields return to their owners. (Not that each man actually goes back to his land — just as it goes on to state that the slave actually returns to his family).

תשבו איש אל אחזתו YE SHALL RETURN EVERY MAN UNTO IHS POSSESSION — But has it not already been stated: (v. 10) “and ye shall return every man unto his possession”? But this is repeated in order to include in this law also the case of one who sold his field and his son came forward and redeemed it, — that it also is to be returned to the father in the Jubilee (Sifra, Behar, Chapter 3 6).

במספר שנים אחר היובל תקנה ACCORDING TO THE NUMBER OF YEARS AFTER THE JUBILEE THOU SHALT BUY [OF THY COMPANION] — This (the following) is the literal sense fitting in the clauses of the verse as required by the context: Scripture intends here to warn against wronging prohibited in the preceding verse: When you sell or buy landed property take into account how many years there are until the Jubilee, and according to the years and the crops of the field which it can be expected to yield shall the vendor sell and the purchaser buy, for in the end he (the purchaser) will have to return it to him (to the vendor) in the Jubilee-year. Consequently if there are only a few years until the Jubilee and this man sells it at a high price it follows that the purchaser has been overreached. If, on the other hand, there are still many years until the Jubilee so that he eats from it many crops the seller is overreached if you give him only a low price. It must therefore be purchased according to the period remaining until the Jubilee. That is what Scripture means when it states: “According to the number of the years of the fruits he shall sell unto ,"thee," i. e. according to the number of years of crops that it (the field) will remain in the hand of the purchaser you shall sell it to him. Our Rabbis, however, derived from here the law that one who sells his field has no right to repurchase it before the elapse of at least two years, — that it must remain in the possession of the purchaser two full years reckoning from date to date, and even though there may be three crops in these two years, as, for instance, if he sold it when it had its corn standing. And in this interpretation the word שני does not lose its literal meaning, viz., that of years, (the words שני תבואות are not taken in this interpretation to mean “two crops” as you might at first think) — the phrase means מספר שנים של תבואות the number of years of crops (i. e. שני is the construct of שנים) and not of years when the corn is smitten by blast, and you know that the minimum number implied in the plural שנים is two (this is how the Rabbis derived the law that the vendor must leave the field at least two years in possession of the purchaser) (Arakhin 29b).

כי לי הארץ FOR THE LAND IS MINE — Your eye shall not be evil towards it (you shall not begrudge this) for it is not yours.

For it is a jubilee; it shall be holy unto you; ye shall eat the increase thereof out of the field.

you may eat of the field You all may eat the field’s spontaneous produce, as it is written concerning the Sabbatical year [:6].

לא תקצור THOU SHALT NOT REAP [IT] — to take it as your exclusive property as you do with other harvests (with the harvest in another year) but it shall be free (הפקר) to all and then thou also may reap of it.

'והיתה שבת הארץ וגו‎‎‎‎ AND THE SABBATH OF THE LAND SHALL BE [FOOD FOR YOU] — Although I have forbidden them (the fruits of the sabbatical year) to you by stating “thou shalt not harvest etc.”, I do not mean to forbid them to you as food or to be used for any other beneficial purpose but what I meant was that you should not comport yourself in respect of them as the exclusive owner but all must be equal as regards it (the Sabbatical year’s produce) — you and your hired servant and your sojourner.

And ye shall not wrong one another; but thou shalt fear thy God; for I am the LORD your God.

GEMARA: The Sages taught: It is written: “And you shall not mistreat [tonu] one man his colleague; and you shall fear your God, for I am the Lord your God” (Leviticus 25:17). The tanna explains: The verse is speaking with regard to verbal mistreatment. The baraita proceeds: Do you say that it is speaking of verbal mistreatment [be’ona’at devarim], or perhaps it is speaking only with regard to monetary exploitation [be’ona’at mammon]? When it says in a previous verse: “And if you sell to your colleague an item that is sold, or acquire from your colleague’s hand, you shall not exploit [tonu] his brother” (Leviticus 25:14), monetary exploitation is explicitly stated. How then do I realize the meaning of the verse: “And you shall not mistreat one man his colleague”? It is with regard to verbal mistreatment. How so? If one is a penitent, another may not say to him: Remember your earlier deeds. If one is the child of converts, another may not say to him: Remember the deed of your ancestors. If one is a convert and he came to study Torah, one may not say to him: Does the mouth that ate unslaughtered carcasses and animals that had wounds that would have caused them to die within twelve months [tereifot], and repugnant creatures, and creeping animals, comes to study Torah that was stated from the mouth of the Almighty? If torments are afflicting a person, if illnesses are afflicting him, or if he is burying his children, one may not speak to him in the manner that the friends of Job spoke to him: “Is not your fear of God your confidence, and your hope the integrity of your ways? Remember, I beseech you, whoever perished, being innocent?” (Job 4:6–7). Certainly you sinned, as otherwise you would not have suffered misfortune.

אל תונו YE SHALL NOT WRONG [ONE ANOTHER] — This refers to wronging in money matters (Sifra, Behar, Section 3 4).

ולא תונו איש את עמיתו YE SHALL NOT THEREFORE BE EXTORTIONATE TO ONE ANOTHER — Here Scripture warns against vexing by words (wounding a person’s feelings) — that one should not annoy his fellow-man, nor give him an advice which is unfitted for him, but is in accordance with the plan and the advantage of the adviser. But lest you should say, “Who knows whether I had any intention to do him evil?” Scripture therefore states: “but thou shalt fear thy God”! — He Who knows men’s thoughts, He knows it! In all cases where it is a matter of conscience (more lit., a matter handed over to the heart), when noone knows the truth except the one who has the thought in his heart, Scripture always states: “but be afraid of thy God”! (Sifra, Behar, Chapter 4 1-2; Bava Metzia 58b; cf. also Rashi on Leviticus 19:14.)

לא תונו [AND IF A STRANGER SOJOURN WITH THEE IN THY LAND], YE SHALL NOT VEX HIM — This implies vexing him with words (cf. Rashi on Exodus 22:20) — do not say to him, “Yesterday you were an idolator and now you come to study the Torah which was given from the mouth of the Almighty!” (Sifra, Kedoshim, Chapter 8 2; Bava Metzia 58b, 59b.)

וגר לא תונה — means, do not vex him with words (referring to the fact that he is a stranger); contrarier in old French Similar is, (Isaiah 49:26) “And I will feed them that vex thee (מוניך) with their own flesh”.

ויראת מאלהיך BUT THOU SHALT BE AFRAID OF THY GOD — Because in this case it is not given to human beings to know whether the intention of this man (the offender) was for the advantage or the disadvantage of the person whom he advised, and he thus might be able to evade the responsibility by saying: "I meant it for the best", Scripture therefore states with reference to him: "But thou shall be afraid of thy God" Who is cognizant of thy secret thoughts. Similarly in all actions where it is given only to the heart of him who does it to know the motive that prompts him and where other people have no insight into it, Scripture states, "But be afraid of thy God!" (Sifra, Kedoshim, Section 2 14; Bava Metzia 58b).

AND THOU SHALT HONOR THE FACE OF THE OLD — What does the term "honoring” an old man imply? That one should not sit in his seat nor contradict his statements. One might think that one is allowed to close one’s eyes as though one does not see him (the old man)! Scripture however states "but be afraid of thy God”, because in this thing it is given to the heart of him only who does the action to know the motive that prompts him for no one has an insight into this except himself, and in reference to any thing where it is given only to the heart to know, Scripture states “and thou shalt be afraid of thy God Who knows thy secret thoughts״ (Sifra, Kedoshim, Chapter 7 14; Kiddushin 32b).