Sounding D'ror in The Land

(9) Then you shall sound the horn loud; in the seventh month, on the tenth day of the month—the Day of Atonement—you shall have the horn sounded throughout your land (10) and you shall hallow the fiftieth year. You shall proclaim release throughout the land for all its inhabitants. It shall be a jubilee for you: each of you shall return to his holding and each of you shall return to his family. (11) That fiftieth year shall be a jubilee for you: you shall not sow, neither shall you reap the aftergrowth or harvest the untrimmed vines, (12) for it is a jubilee. It shall be holy to you: you may only eat the growth direct from the field. (13) In this year of jubilee, each of you shall return to his holding.

(8) The word which came to Jeremiah from the LORD after King Zedekiah had made a covenant with all the people in Jerusalem to proclaim a release among them— (9) that everyone should set free his Hebrew slaves, both male and female, and that no one should keep his fellow Judean enslaved. (10) Everyone, officials and people, who had entered into the covenant agreed to set their male and female slaves free and not keep them enslaved any longer; they complied and let them go. (11) But afterward they turned about and brought back the men and women they had set free, and forced them into slavery again. (12) Then it was that the word of the LORD came to Jeremiah from the LORD: (13) Thus said the LORD, the God of Israel: I made a covenant with your fathers when I brought them out of the land of Egypt, the house of bondage, saying: (14) “In the seventh year each of you must let go any fellow Hebrew who may be sold to you; when he has served you six years, you must set him free.” But your fathers would not obey Me or give ear. (15) Lately you turned about and did what is proper in My sight, and each of you proclaimed a release to his countrymen; and you made a covenant accordingly before Me in the House which bears My name. (16) But now you have turned back and have profaned My name; each of you has brought back the men and women whom you had given their freedom, and forced them to be your slaves again. (17) Assuredly, thus said the LORD: You would not obey Me and proclaim a release, each to his kinsman and countryman. Lo! I proclaim your release—declares the LORD—to the sword, to pestilence, and to famine; and I will make you a horror to all the kingdoms of the earth.

(16) Thus said the Lord GOD: If the prince makes a gift to any of his sons, it shall become the latter’s inheritance; it shall pass on to his sons; it is their holding by inheritance. (17) But if he makes a gift from his inheritance to any of his subjects, it shall only belong to the latter until the year of release. Then it shall revert to the prince; his inheritance must by all means pass on to his sons.

(23) Next take choice spices: five hundred weight of solidified myrrh, half as much—two hundred and fifty—of fragrant cinnamon, two hundred and fifty of aromatic cane, (24) five hundred—by the sanctuary weight—of cassia, and a hin of olive oil. (25) Make of this a sacred anointing oil, a compound of ingredients expertly blended, to serve as sacred anointing oil.

(4) Even the sparrow has found a home, and the swallow a nest for herself in which to set her young, near Your altar, O LORD of hosts, my king and my God.

(2) As a sparrow must flit and a swallow fly, So a gratuitous curse must backfire.

Rabba bar Rav Huna said: Here, in the mishna, according to which a bird in a house is not considered trapped, we are dealing with a free bird, a sparrow, because it does not accept authority. That bird is not intimidated and evades capture even in a house, as the school of Rabbi Yishmael taught: Why is it called a free bird [tzippor dror]? Because it dwells [dara] in a house as it does in a field. Therefore, the distinction between a roofed and unroofed enclosure resolves the apparent contradiction between the mishna and the Tosefta. The Gemara says: Now that you have arrived at this understanding, that the difference between the rulings in the two sources is predicated on different circumstances and not on a tannaitic dispute, the apparent contradiction between the ruling with regard to an animal in the mishna and the ruling with regard to an animal in the Tosefta is also not difficult. This, the ruling in the Tosefta which prohibits apprehending the animal, is referring to a large enclosure from which the animal cannot escape, but it can still avoid being apprehended. Therefore, the trapping is considered inadequate, and apprehending the animal constitutes trapping. That, the ruling in the mishna that permits apprehending the animal, is referring to a small enclosure in which the animal cannot evade its pursuers and requires no further trapping.

As it is taught in a baraita: From the time that the tribe of Reuben and the tribe of Gad and half the tribe of Manasseh were exiled, the counting of Jubilee Years was nullified, as it is stated: “And you shall proclaim liberty throughout the land to all its inhabitants; it shall be a Jubilee for you” (Leviticus 25:10), indicating that the halakhot of the Jubilee Year apply only when all its inhabitants are in Eretz Yisrael, and not when some of them have been exiled. The baraita continues: One might have thought that if all the Jews were living in Eretz Yisrael, but they are intermingled, e.g., the tribe of Benjamin is living in the portion of the tribe of Judah, and the tribe of Judah in the portion of the tribe of Benjamin, that the Jubilee Year should be in effect. Therefore, the verse states: “To all its inhabitants,” which teaches that the Jubilee Year applies only when its inhabitants are living according to their proper arrangment, and not when they are intermingled. How, then, could those who returned from exile have counted the Jubilee Years?

§ The Gemara continues with the topic of the Jubilee Year. The Sages taught in a baraita: The verse states: “And you shall hallow the fiftieth year, and proclaim liberty throughout all the land to all its inhabitants; it shall be a Jubilee for you” (Leviticus 25:10). The words “it shall be a Jubilee” come to teach that although they did not release property to its original owners, and although they did not sound the shofar, it is nevertheless a Jubilee Year, and the halakhot of the Jubilee year apply. One might have thought that although they did not send free the slaves it is also still a Jubilee Year. Therefore, the verse states: “It shall be,” this being a term of limitation. This teaches that at least one of the essential halakhot of the year must be observed, and if not, it is not a Jubilee Year. This is the statement of Rabbi Yehuda. Rabbi Yosei says: “It shall be a Jubilee for you”; although they did not release property to its original owners, and although they did not send free the slaves, it is nevertheless a Jubilee Year. One might have thought that although they did not sound the shofar, it is also still a Jubilee Year. Therefore, the verse states: “It shall be.” Some act must be performed. In this case, the shofar must be sounded, otherwise it is not a Jubilee Year. Rabbi Yosei explains his position: Since one verse includes situations where the Jubilee is in force, and another verse excludes such situations, for what reason do I say that it is a Jubilee Year although they did not send free the slaves, but it is a Jubilee Year only if they sounded the shofar? This is since it is possible that there would be no sending free of slaves, as perhaps no one has any slaves to release, but it is impossible that there would be no sounding of the shofar, as a shofar can always be found. Therefore, it must be that it is the sounding of the shofar that is the indispensable criterion for the Jubilee Year. Alternatively: This, sounding the shofar, is given over to the court, which is obligated to blow it. But that, setting the slaves free, is not given over to the court but to each individual slave owner. It stands to reason that the indispensable criterion is one that is in the hands of the court and not in the hands of individuals. The Gemara asks: What is the need for Rabbi Yosei to add: Alternatively? Why is his first explanation insufficient? The Gemara answers: It is necessary, as, if you say that it is impossible that there should not be at least one slave owner at the end of the world, and therefore it is inconceivable that there will ever be a time when there are no slaves that are set free, you can nevertheless say that this, sounding the shofar, is given over to the court, but that, setting the slaves free, is not given over to the court. The Gemara asks: Granted, this is clear according to Rabbi Yosei, as he has stated his reasoning. But according to Rabbi Yehuda, what is the reason that the indispensable criterion for the Jubilee Year is sending free the slaves? The Gemara explains: The verse states: “And you shall proclaim liberty [deror] throughout all the land to all its inhabitants,” and immediately afterward it says: “It shall be a Jubilee for you.” And Rabbi Yehuda holds that a verse may be expounded in reference to the immediately preceding clause, but not in reference to the clause before that. Therefore, the exclusion implied by the words “it shall be,” is referring to what is stated in the immediately preceding clause: “And you shall proclaim liberty throughout all the land,” i.e., the emancipation of slaves. It is not referring to what is stated in the clause before that: “On Yom Kippur shall you sound the shofar throughout all your land.” The Gemara asks: It is clear that according to everyone the term “deror” is a word meaning liberty. From where may this be inferred? The Gemara answers: As it is taught in a baraita: The word deror is a term meaning only liberty. Rabbi Yehuda said: What is the meaning of the word deror? It is like a man who dwells [medayyer] in any dwelling [dayyara] and moves merchandise around the entire country, i.e., he can live and do business wherever he wants. Rabbi Ḥiyya bar Abba said in the name of Rabbi Yoḥanan: This is the statement of Rabbi Yehuda and Rabbi Yosei, but the Rabbis say: All three of them are indispensable for the Jubilee Year: Releasing property, sounding the shofar, and liberating the slaves. They hold that a verse may be interpreted in reference to the immediately preceding clause, in reference to the clause before that, and it may also be interpreted in reference to the clause following it, as all of these halakhot are mentioned in this section, and the exclusion implied by the words “it shall be” applies to all of them. The Gemara asks: But isn’t it written “Jubilee Year,” which is a term of inclusion that should counter the exclusionary function of the words: “It shall be”? The Gemara answers: That term “Jubilee Year” comes to teach that the mitzva of the Jubilee applies even outside of Eretz Yisrael. The Gemara challenges: But isn’t it written: “Throughout the land,” implying that it applies only in Eretz Yisrael? The Gemara answers: That term, “throughout the land,” comes to teach that when liberation applies in Eretz Yisrael, it applies outside of Eretz Yisrael as well, and when liberation does not apply in Eretz Yisrael, it does not apply outside of Eretz Yisrael either.

[Rabbi Elazar, son of Rabbi Shimon, says:] Any mitzva that the Jewish people were commanded to perform before entering Eretz Yisrael, i.e., it was not linked to entry into the land, applies both in Eretz Yisrael and outside of Eretz Yisrael. Conversely, any mitzva that they were commanded to perform after they entered Eretz Yisrael applies only in Eretz Yisrael, except for the abrogation of monetary debts in the Sabbatical Year (see Deuteronomy 15:1–2), and the emancipation of slaves in the Jubilee Year (see Leviticus 25:39–41). Even though the Jews were commanded with regard to these mitzvot that they were to perform them only after their entry into Eretz Yisrael, these mitzvot apply both in Eretz Yisrael and outside of Eretz Yisrael. The Gemara questions the need for this ruling: The abrogation of monetary debts is an obligation of the body. Since this mitzva is not referring to the land, what is the novelty of the ruling that it applies even outside of Eretz Yisrael? The Gemara answers: It is necessary to mention the cancellation of debts only for that which is taught in a baraita. As it is taught in a baraita that Rabbi Yehuda HaNasi says: The verse states in the context of the cancellation of debts: “And this is the manner of the abrogation: He shall abrogate” (Deuteronomy 15:2). The verse speaks of two types of abrogation: One is the release of land and one is the abrogation of monetary debts. Since the two are juxtaposed, one can learn the following: At a time when you release land, when the Jubilee Year is practiced, you abrogate monetary debts; at a time when you do not release land, such as the present time, when the Jubilee Year is no longer practiced, you also do not abrogate monetary debts. The Gemara asks: But why not say that one can learn the following from this juxtaposition: In a place where you release land, i.e., in Eretz Yisrael, you abrogate monetary debts, and in a place where you do not release land, you do not abrogate monetary debts. If so, the abrogation of debts would apply only in Eretz Yisrael, despite the fact that this obligation is not related to the land. Therefore, the verse states: “Because the Lord’s abrogation has been proclaimed” (Deuteronomy 15:2), to indicate that this obligation applies in any case, even outside of Eretz Yisrael. This is the novelty of the statement of Rabbi Elazar, son of Rabbi Shimon. The Gemara questions the need for second ruling of Rabbi Elazar, son of Rabbi Shimon: The emancipation of slaves is also an obligation of the body, not one that applies to the land. What is novel about this ruling? The Gemara answers that it might enter your mind to say: Since it is written: “And proclaim liberty throughout the land unto all the inhabitants thereof” (Leviticus 25:10), one could say: “Throughout the land,” yes, this mitzva applies, but outside of Eretz Yisrael, no, the emancipation does not take effect. Therefore the same verse also states the seemingly superfluous phrase: “It shall be a Jubilee” (Leviticus 25:10), to indicate that it applies in any case, in all places. The Gemara asks: If so, what is the meaning when the verse states: “Throughout the land”? The Gemara answers that this phrase teaches: When the liberty of slaves applies in Eretz Yisrael, it also applies outside of Eretz Yisrael, and when the liberty of slaves does not apply in Eretz Yisrael, it does not apply outside of Eretz Yisrael. The mitzva depends on whether the Jubilee Year is in effect, not on the place in question.

לכל יושביה, “for all its inhabitants;” seeing that the Torah wrote: ושבתם איש אל אחוזתו, “each man of you is to return to his ancestral heritage,” it would have sounded as if women did not possess ancestral land in Israel. Therefore the Torah also had to write: לכל יושביה, to all of its inhabitants no matter which sex. According to Sifra, this meaning has been derived from the word: תשובו, [which is a repetition. Ed.] לכל יושביה, “for all its inhabitants.” This is why as soon as even when only parts of the tribes had been exiled, this law could no longer be observed.

וקראתם דרור AND YE SHALL PROCLAIM LIBERTY unto slaves, both to him whose ear has been pierced (and whose period of servitude has thus been prolonged until the Jubilee; cf. Exodus 21:6) and to him whose six years of servitude (the period prescribed for an ordinary Hebrew servant; Exodus 21:6 Exodus 21:2), reckoning from the time when he was sold, have not yet ended. R. Jehuda said, “What is the etymology of the term דרור, freedom? A free man is like a person who may dwell (דור) at an inn — meaning that he may reside in any place he pleases, and is not under the control of others. (דרור therefore implies liberty of residence) (Rosh Hashanah 9b).

ואיש אל משפחתו תשבו AND YE SHALL RETURN EVERY MAN UNTO HIS FAMILY — This verse is intended to include in the law of setting the slaves free also the slave whose ear has been pierced (cf. Sifra, Behar, Chapter 2 5; Kiddushin 15a).

LIBERTY. The meaning of the word deror is known. It means liberty. As the flying swallow (deror) (Prov. 26:2) refers to a small bird that produces music when it is free.⁶⁴I.E. renders Prov. 26:2 as the flying free bird. However, if it is taken captive it refuses to eat and starves to death.

יובל היא תהיה לכם. All of you will also be free of subservience to other nations. This is the opposite of Jeremiah 34,17 “because you have failed to proclaim freedom for your kinsmen and countrymen as I have commanded, I proclaim your release -declares the Lord- to the sword, to pestilence, and to famine; and I will make you a horror to all the kingdoms of the earth.”

He here makes use of both the titles of each superior virtue, applying them in the case of his address to the wise man, because it was by them that all things were created, and by them that the world is regulated after it had been created. By one of them therefore the wise man, just in the same manner as the world itself, was fashioned and made according to the likeness of God; and God is the name of creative virtue; and by the other of them that he was made according to the Lord, as falling under his authority and supreme power. Therefore he designs here to show that the man who is conspicuous in virtue is both a citizen of the world, and also equal in dignity to the whole world, declaring that both the virtues of the world, the divine and the royal attributes, are in a singular manner appointed to and set over him as protectors. And it was with great correctness and propriety that this appearance took place when he was about ninety and nine years old, because that number is very near the hundred. And the number a hundred is composed of the number ten multiplied by itself, which the sacred historian calls the holy of holies. Since the first court, the first ten, is simply called holy, and that is permitted to be entered by the sweepers of the temple; but the ten of tens, which he again enjoins the sweepers of the temple to pay above all things to the existing high priest, is the number ten computed along with the number a hundred, for what else is the tenth of the tenths but the hundredth? However the number ninety and nine has been set forth and adorned not only by its affinity to the number a hundred, but it has also received a particular participation in a wonderful nature, since it consists of the number fifty, and of seven times seven. For the fiftieth year, as the year of Pentecost or the Jubilee, is called remission in the giving forth of the law, as then all things are given their liberty, whether living or inanimate. And the mystery of the seventh year is one of quiet and profound peace to both body and soul. For the seventh is the recollection of all the good things which come of their own accord without industry of labour, which at the first creation of the world nature produced of herself; but the number forty-nine, consisting as it does of seven times seven, indicates no trifling blessings, but rather those which have virtue and wisdom, in such a degree as to contribute to invincible and mighty constancy.