פרשת בהר - בחקותי תש"כ - מכירת קרקע

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.

ובכל ארץ אחזתכם AND IN ALL THE LAND OF YOUR POSSESSION [YOU SHALL GRANT A REDEMPTION FOR THE LAND] — (The translation may be: And as regards everything etc.) thus including in this law houses and Hebrew servants (i. e. that to these also the right of redemption must be granted). And this matter is explained in Treatise Kiddushin 21a in the first section (cf. also Sifra, Behar, Chapter 4 9). According to the literal sense, however, it is to be connected with the section immediately following: to point out that one who sells his landed property has the right of redeeming it after two years either by himself or his relative, and that the purchaser has no right to prevent it (גאולה תתנו לארץ, you must grant redemption).

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).

מאחזתו SOME OF HIS POSSESSION — but not the entire property. Scripture thereby teaches you a practical rule that, however needy a man is, he should always leave some immovables (lit., a field) for himself (Sifra, Behar, Chapter 5 1).

וגאל את ממכר אחיו HE SHALL REDEEM THAT WHICH HIS BROTHER SOLD — and the purchaser has no right to prevent it.

ואיש כי לא יהיה לו גואל [AND] IF [A MAN] HAVE NONE TO REDEEM IT — But does there exist anyone in Israel who has none to redeem his property (who has no relative at all)? But the meaning is: a relative who is able (possesses the means) to redeem that which he has sold (Sifra, Behar, Chapter 5 2; cf. Kiddushin 21a).

וחשב את שני ממכרו THEN LET HIM RECKON THE YEARS OF THE SALE THEREOF — [let him reckon thus:] How many years were there until the Jubilee? So-and-so many! At what price did I sell it to you? At such-and-such a price! Now in the Jubilee year you would have to restore it to me; it follows therefore that you have actually bought a number of crops only (and not the land itself) at a certain sum for every year. You have eaten it (used it) three or four years; deduct therefore their value from the sum total of the purchase money and you take the remainder. And this is the meaning of: “he shall restore the overplus” — viz., the excess of the purchase-money over the value of the crops which he (the purchaser) has enjoyed, and he shall restore it to the purchaser.

לאיש אשר מכר לו [AND HE SHALL RESTORE THE OVERPLUS] TO THE MAN TO WHOM HE HAD SOLD IT — i. e. to whom he — this seller who now comes to redeem it — had sold it (but not to any other person who is now in the possession of the field, having in his turn bought it from that man to whom he — the seller — had originally sold it) (Sifra, Behar, Chapter 5 3; Arakhin 30a).

And the land shall not be sold in perpetuity; for the land is Mine; for ye are strangers and settlers with Me.