פרשת בהר - כשר אבל מסריח

(25) If your kinsman is in straits and has to sell part of his holding, his nearest redeemer shall come and redeem what his kinsman has sold. (26) If a man has no one to redeem for him, but prospers and acquires enough to redeem with, (27) he shall compute the years since its sale, refund the difference to the man to whom he sold it, and return to his holding. (28) If he lacks sufficient means to recover it, what he sold shall remain with the purchaser until the jubilee; in the jubilee year it shall be released, and he shall return to his holding. (29) If a man sells a dwelling house in a walled city, it may be redeemed until a year has elapsed since its sale; the redemption period shall be a year. (30) If it is not redeemed before a full year has elapsed, the house in the walled city shall pass to the purchaser beyond reclaim throughout the ages; it shall not be released in the jubilee. (31) But houses in villages that have no encircling walls shall be classed as open country: they may be redeemed, and they shall be released through the jubilee.

(1) 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.

(1) If a man shall sell a residential home. It is very difficult for a man to sell his home, and he will be ashamed when he has to sell it. Therefore the Torah wants him to redeem it within the first year. A field, though, is something a man works in and it is the source of his sustenance; therefore, the Torah mandates that the field returns in the Jubilee year. However, once a person has given up on his home and changed his residence, and has been in the other house for a year, there is no harm to him, for his livelihood is not diminished if he stays there forever. The houses of open cities, on the other hand, are built for guarding the fields and as a residence for the field workers; therefore, their law is like that of the fields.

(4) If the [last] day of the twelve months has arrived and it was not redeemed, it becomes his permanent [possession]. This applies whether he bought it or received it as a gift, as it is said: “beyond reclaim” (Leviticus 25:30). In earlier times, he [the buyer] would hide on the last day of the twelve months, so that [the house] might become his permanent [possession]. Hillel enacted that he [the seller] could deposit his money in the chamber and break down the door and enter, and that the other [the buyer], whenever he wanted, might come and take his money.

(9) Beware lest you harbor the base thought, “The seventh year, the year of remission, is approaching,” so that you are mean to your needy kinsman and give him nothing. He will cry out to the LORD against you, and you will incur guilt. (10) Give to him readily and have no regrets when you do so, for in return the LORD your God will bless you in all your efforts and in all your undertakings.