Shemittah

(1) The commandment of the releasing (shmitat) of lands: To make ownerless everything that the earth put out in the seventh year, which is called the shmitta (release) year, because of this process in which we are obligated; and that all who want to [take] its fruits may do so - as it is stated (Exodus 23:11), "But the seventh you shall release it and abandon it, and the needy among your people will eat of it, and what they leave the beasts will eat; you shall do the same with your vineyards and your olive groves." And the language of Mekhilta DeRabbi Shimon bar Yochai 23:11: "And were the vineyared and the olive groves not included?" [This] means to say that the beginning of the verse that stated, "release it and abandon it" includes everything that grows in the earth, whether they are fruits of the tree or fruits of the ground. And [so] why did Scripture specify these two? "To compare the other types of trees to the vineyard, to teach that like there is a positive commandment and a negative commandment with the vineyard - as behold, it is written explicitly about it (Leviticus 25:5), "and the grapes that you set aside, do not reap" - so too, is there a positive commandment and a negative commandment in all of the other trees." And hence, it specified vineyard and olive grove, to teach about this matter. As the intention of the verse was not specifically about the vineyard and olive grove alone, but rather it is the same with all the other fruits of the tree. Rather, it mentioned one of them and it teaches about all of them, as this is one of the devices through which the Torah is expounded. And this commandment to make all of the fruits ownerless and the other commandment that God commanded us to rest in it - as it is stated (Exodus 34:21), "and rest from plowing and reaping" - are [both] connected.

(2) It is from the roots of this commandment to affix in our hearts and make a strong impression in our minds [about] the matter of the world having been created. As (Exodus 20, 11) "in six days did God make the heavens and the earth, and on the seventh day" - in which He did not create anything - He imposed rest on Himself. And in order to remove and uproot and eradicate from our thoughts the idea of the eternity [of the world] - which the deniers of the Torah believe in, through which they destroy all its principles and break through its walls - did the requirement come upon us to expend all our time, day by day and year by year, for this matter, by counting six years and resting on the seventh so that this matter will never depart from between our eyes for all time. And this is similar to the manner in which we count the days of the week [by dividing them] into six days of work and the seventh is a day of rest. Therefore, He, blessed be He, did command to render ownerless all that the land produces in this year - in addition to resting during it (i.e. during the year) - so that a person will remember that the land which produces fruits for him every year does not produce them by its [own] might and virtue. For there is a Master over it and over its master - and when He wishes, He commands him (i.e. the master of the land) to render them (i.e. the fruit) ownerless. And there is another benefit in this matter - to acquire the trait of letting go (i.e. of one's possessions), for there is no one more generous than he who gives without hope for recompense. And there is another benefit - the outcome of this is that a person will add to his trust in God, may He be blessed, since anyone who finds it in his heart to give and abandon to the world all of the produce of his lands and his ancestral inheritance for an entire year - and educates himself and his family through this for all of his days - will never have the trait of stinginess overcome him too much, nor will he have a deficient amount of trust.

(3) From the laws of the commandment is what are the [types] of work on the land about which there is an obligation of rest by Torah writ - such as planting, pruning, reaping and harvesting; and that are forbidden by rabbinic writ - such as fertilizing, digging and work on trees such as cutting off excrescences, removing dry leave or stalks from it, placing dust [on exposed roots], raising smoke below it to kill insects, oiling saplings, pruning and removing trees; and that which they permitted to do, such as reddening with dye, hoeing under grape vines. And the law of an irrigated field. And that they should not make a dungpile in his field until the time of fertilizing is over; and that afterwards it be big and not appear like fertilizing - and its size is from one hundred and fifty seah and above. That which they said (Moed Katan 3b) that the obligation to refrain from working the land is from thirty days before the seventh year and that this is a law given to Moshe at Sinai (halacha le'Moshe miSinai). And the law of how much time from the sixth year is forbidden to work in a field of trees, and what is called a field of trees. And the prohibition of implanting shoots in the ground and grafting; what is [to be done with] his saplings; what is the law of the fruits of the seventh [year] - as we do not make a medicinal chew or a bandage from anything that is uniquely for human food, such as wheat and barley and fruits, as with them it states, "to eat it." But we do make a medicinal chew or a bandage for humans - though not for animals - from anything that is uniquely for animal food, such as thorns and thistles. And behold, that which is not uniquely for humans or animals - such as rubia, hyssop and thyme - depends on the designation of the person: [If] he designated them for food, their law is like food; but [if] he designated them for wood, their law is like wood. And the rest of its many details are elucidated in the tractate that is built upon this, and that is Tractate Sheviit (see Mishneh Torah, Laws of Sabbatical Year and the Jubilee 4).

(4) And [it] is practiced by males and females in the Land of Israel only, at the time that [the people of] Israel is there - as it is stated about it (Leviticus 25:2), "When you come to the land." And it is practiced rabbinically even at this time, only in the Land. And any place (Mishnah Sheviit 5:1) that those [Jews] that came up form Babylonia controlled until Keziv - but not including Keziv - is included in the prohibition of work, and all of the aftergrowth that grows there is forbidden to eat. As [these Jews] sanctified the places that they controlled forever. But in the places that those [Jews] that came up from Egypt controlled, but not those that came up from Babylonia - which is from Keziv to the river and to Amanah - even though, since they were stringent about [it], they are rabbinically forbidden today regarding work on the seventh [year], [nonetheless] the aftergrowth that grows there is permissible to eat; as it was not sanctified by those that that came up from Babylonia. And it is permissible even [for work] from the river and from Amanah and further. [With regards to] Syria, even though the seventh [year] is not practiced in it from Torah writ, they decreed that those places should be forbidden in work like the Land of Israel. And Syria is from the places that David conquered before all of the Land of Israel was conquered - and that is what our Rabbis, may their memory be blessed, called the conquest of an individual (Mishneh Torah, Laws of Heave Offerings 1:3, 9). And that land corresponds to Aram Nehorayim and Aram Tsovah, all along the Euprates to Babylonia, [including] such [places] as Damascus and Allepo and Charan and other places close to these. But the seventh [year] is not practiced in Ammon, Moav, Egypt and Shinnar, even though they are obligated in tithing (Mishnah Yadayim 4:3). And all the more so is it not practiced in the other places outside of the Land. And one who transgresses it and seals his vineyard or his field on the seventh [year] - or gathered all of his fruits into his house at the time that Israel is on their land - has violated a positive commandment. And nonetheless it is permissible to gather from them to his house a little bit at a time to eat - so long as the hand of everyone is equal in them, as if there were no known owners to the land.

(1) The commandment of the land resting on the seventh year: To cease work on the land on the seventh year, as it is stated (Exodus 34:21), "from plowing and from reaping you shall rest." And the explanation comes that it is speaking about the seventh year, that we were commanded not to be occupied with work on the land at all. And this commandment is repeated in its stating in another place (Leviticus 25:5), "it shall be a year of complete rest for the land." And so [too,] "the land shall observe a Shabbat for the Lord" (Leviticus 25:2). And above I have already written all of its content completely (Sefer HaChinukh 84) in the Order of Eem Kesef Talveh et Ami in the commandment of "But in the seventh you shall let it rest and lie fallow" (Exodus 23:11) - even though its place is here.

(1) That we not work the land on the seventh year: That we not work the land on the seventh year, which is called the sabbatical (shmitah) year, as it is stated (Leviticus 25:4), "But on the seventh year, etc. your field you shall not sow."

(2) The root of this commandment, its details and all of its content is written in Eem Kessef Talveh (Sefer HaChinukh 84) - take it from there. And one who transgresses it and works the land at the time of the [Temple] with one of the types of work that are forbidden from Torah writ - as we [explained] over there - is lashed.

(1) That he release all of his loans in the seventh [year]: To abandon all of his debts on the sabbatical year. And about this is it stated (Deuteronomy 15:3), "and that which you have with your brother, release your hand." And the warning is repeated about this commandment, as it is stated (Deuteronomy 15:2), "And this is the matter of the sabbatical year, every owner of a debt shall release his hand." And they said in the Tosefta (brought in Gittin 36a), "The verse is speaking about two releases: one is the release of land and [the other] is release of monies."

(2) I have already written in Mishpatim on the commandment of the release of lands (Sefer HaChinukh 84) that which I have known about the root of the commandment; and the release of monies also draws from the same reason - to train our souls in the virtuous traits, the trait of generosity and a kind eye, and to fix great faith in our hearts towards God, blessed be He. And then our soul will be prepared to receive the good from the Master of all, which is included in blessing and mercy. And also coming from this is a strong fence and partition to distance oneself greatly from theft and from envy for everything that there is to our neighbor. As we will draw an a fortiori argument (kal vechomer) for ourselves by saying, "Even with my money that I lent out, the Torah said to release it in the hand of the borrower when the sabbatical year arrives; is it not all the more so that with not stealing and not having envy for that which is his, that it is fitting for me to distance myself to the [other] extreme?"

(3) From the laws of the commandment is that which they, may their memory be blessed, said (Arakhin 28b) that the sabbatical year only releases at its end, when the sun sets on the eve of Rosh Hashanah (the new year) of the conclusion of the seventh [year], as it is stated (Deuteronomy 15:1), "At the end of seven years." And it releases even a loan in a deed that [is backed with a lien] on properties. But if he decided a [specific] field for him for the loan, it does not release it. So wrote Rambam, may his memory be blessed (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 9:6), but it is a wonder, since Rabbi Yochanan pushed off [this opinion] in the chapter [entitled] Hasholeach (Gittin 37a).

(4) A [revolving] account of a store and the wage of a wage worker is not released. But if they stood them as a loan, it is released. And the same is the law with penalties. The marriage contract (ketuvah) of one who divorces his wife before the sabbatical year is not released unless she damages [its full value] or stood it up against him as a loan. And one who makes a loan upon a pledge, it is not released - and that is when the debt corresponds to the pledge. So wrote Rambam, may his memory be blessed, (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 9:14). But in the chapter [entitled] Hazahav (Bava Metzia 48a), we say that [it is not released] even though it is only worth half of the debt. And these words are speaking about movable items, but a pledge of land [depends]: in a place that they remove one [from the land], the seventh [year] releases - and a first-born does not take a double-portion, since it is like a total debt; but in a place that they do not remove one [from it], the seventh [year] does not release it. And now that it is established for us that an undifferentiated pledge is for a year - as so was it concluded in the Gemara (Bava Metzia 68a) according to the opinion of some of the commentators - we judge all pledges like a place that they do no remove one, and [so] the seventh [year] does not release a pledge. And a first-born takes a double-portion of it; and the creditor of orphans may collect from it, as it is like their land.

(5) And one who gives over his deeds to the court and said to them, "You collect this debt for me" - [such debts] are not released. As it is stated, "and that which you have with your brother"; and this he already gave into the hand of the court. And from this reason, they, may their memory be blessed, said (Gittin 37a) that the seventh [year] does not release a debt that orphans have from others - as the [legal status] of Rabban Gamliel and his court is like the [legal status] of the father of the orphans. And after them [the same was true] of all courts in each and every generation. And [so] it is as if they gave over their deeds into the hand of the court. And also from the content of the commandment is that which they said (Makkot 3b) about one who lends to his friend for ten years, [such a loan] is not released. As when [the Torah] stated, "do not press," [it was] about a debt that is fitting to press - and this one has not yet reached its time to press. And [also] that which they said that one who stipulates about his debt from this fellow, [that it is] on condition that the seventh [year] not release it, behold it releases [nonetheless] - as he is like someone who makes a condition against what is written in the Torah. But if he said to him, "On condition that this obligation not be released, and even in the seventh year" - in this manner, the seventh [year] does not release it; since any condition upon money is upheld, as I have written in the Order of Behar Sinai on the commandment to not lend with interest to an Israelite (Sefer HaChinukh 339). And the rest of its details are in Tractate Sheviit (Chapter 10).

(6) And this commandment is practiced from Torah writ in the Land of Israel and in every place by males and females at the time that the Jubilee year is practiced. And I have already written at which time the Jubilee is practiced, above in the Order of Behar Sinai (Sefer HaChinukh 330). But at the time the Jubilee is not practiced, the release of lands and of monies is not practiced by Torah writ (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 9:2, 3). But rabbinically, the release of monies is practiced even at this time and even in everyplace, so that the law of the release of monies not be forgotten from Israel. And I have already written which is the sabbatical year according to the great commentators that know the ways of the Talmud, above at the end of the Order of Behar Sinai at the end of the first commandment (Sefer HaChinukh 330).

(7) And one who transgresses this and claimed a debt from his fellow that the seventh year passed at the time of the [Temple] has violated this positive commandment, besides having violated a negative commandment, as we will write in this Order, with God's help (Sefer HaChinukh 475). And at this time [such a one] has done a rabbinic prohibition. And if the court knows that the seventh [year] has passed it, they are not obligated to press [the debtor] at all, and even at this time. And even though the release of monies is only rabbinic today and it is established for us that a lien is from Torah writ (Kiddushin 13b); nonetheless the law is decided that the sages have the power to push off the word of the Torah in any matter of money, due to the [power] of the court to effectively make property ownerless (Gittin 36b).

(1) To not refrain from lending before the sabbatical year: To not refrain from lending to those that need, due to fear of the sabbatical year, that it not remove the debt. And about this is it stated (Deuteronomy 15:9), "Guard yourself, lest there be a wanton thing in your heart saying, 'The sabbatical year is approaching.'" And the language of Sifrei Devarim 117 is "'Guard yourself' as a negative commandment; 'lest there be' as a negative commandment" - meaning to say that these two negative commandments come about this matter, one after the other to strengthen [it].

(2) It is from the roots of the commandment [that it is] to strengthen and to fix the trait of generosity in our hearts and to completely distance the trait of stinginess. And there is no more generous person in the world than one who lends out his money while knowing that the time is approaching to release his loan and to lose it for him - if maybe some accident will occur or some circumstance that he will not be able to claim his loan before the sabbatical year. And anyone who understands the ways of the Torah and grasps to understand even a little of the grace of its value knows with certainty that 'one who distributes his money to the ones that need it, will have more added; but the one who refrains from the straight [deeds], it will be for lacking.' As God, may He be blessed, judges a man according to his deeds, and endows him from His blessing according to his coming close to it. And the trait of stinginess is an iron partition between him and the blessing, whereas generosity is a part of the blessing. And [so] it comes out that the one that practices it is [already] in it. 'The wise man listens and adds insight.'

(3) The laws of the commandment are short [and] included in the simple understanding of the verse, according to my opinion.

(4) And the prohibition is practiced by males and females in any place and at all times. As even at this time, when the release of monies is not practiced from Torah writ, but only from rabbinic writ; nonetheless we are [still] warned to not refrain from lending to the one that needs it out of fear that the sabbatical year - that releases rabbinically at this time and from Torah writ at the time of the [Temple]. And one who transgresses it and refrains from lending to the one who needs it has violated a negative commandment. But there are no lashes for it, as there is no act [involved] with it.

(5) And maybe it will come to your thought, my son, to say, "And why should a person ever refrain from lending because of this; and why was a negative commandment written about this - is it not in our hand to make a condition with him, on condition that it not be released in the seventh [year] and in the way that we always do in our contracts?" Let this thing not confuse you, as the Torah warns us about things, even though it is possible [to circumvent them] with ordinances and conditions.

(1) To not claim a debt that the seventh year passed: To not claim a debt during the sabbatical year, but rather it should be released, and he should not claim it [any] more. And about this is it stated (Deuteronomy 15:2), "he shall not press his neighbor and his brother, etc."

(2) As is my custom, I have have written from the roots of the commandment and all of its content above and adjacently in the positive commandment (Sefer HaChinukh 477) of this negative commandment in this Order. And one who transgresses it and claims his loan after the sabbatical year at the time of the [Temple] has violated this negative commandment. But there are no lashes for it, as there is no act [involved] with it.

(1) That is that He commanded us to render ownerless all that grows from the ground during the sabbatical year and permit the growth of all of our lands to any person. And that is His, may He be blessed, saying, "But in the seventh you shall release it and let it lie fallow." And the language of the Mekhilta (Mekhilta DeRabbi Shimon Bar Yochai 23:11) is, "And were the vineyard and olive tree not in the category? So why were they specified? To compare to them: Just like the vineyard is particular in that it is a positive commandment and [if we do not let it rest], we transgress it as a negative commandment; so too everything that has the positive commandment, we would transgress a negative commandment. And the content of this statement is what I will explain. So that which He said, "But in the seventh you shall release it and let it lie fallow," includes everything that will grow from the ground in the seventh year of figs, grapes, olives, peaches, pomegranates, wheat, barley and other things.

(1) That is that He commanded us to rest from any agricultural work on the seventh year. And that is His, may He be exalted, saying, "you must cease plowing and harvesting" (Exodus 34:21). And this command has already been repeated several times: He said, "[But] in the seventh year, the land shall have a sabbath of complete rest (shabbaton)" (Leviticus 25:4) - and we have already seen (Sefer HaMitzvot, Positive Commandments 90) that this, "shabbaton," is a positive commandment. And He also said, "and the land shall rest" (Leviticus 25:2). And the regulations of this commandment are also already explained in Tractate Sheviit. But its obligation by Torah law is only in the Land of Israel. (See Ki Tissa; Mishneh Torah, Sabbatical Year and the Jubilee 1.)

(1) He prohibited us from working the land in the seventh year. And that is His, may He be exalted, saying, "you shall not sow your field" (Leviticus 25:4). And anyone who transgresses this negative commandment is lashed. And the regulations of this commandment have already been explained in Sheviit. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 1.)

(1) He prohibited us from doing work on trees in the seventh year. And that is His, may He be exalted, saying, "and you shall not prune your vineyard" (Leviticus 25:4). And anyone who transgresses this negative commandment is lashed. And the language of the [Sifra] (Sifra, Behar, Section 1:6) is, "Sowing and pruning were in the general category (of forbidden labor). So why were they singled out? To compare to them, viz.: Just as sowing and pruning are distinct in being labors for field and trees, [so too, are all such labors forbidden on the seventh year]. And the regulations of this commandment have already been explained in Sheviit. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 1.)

(1) He prohibited harvesting that which the land grew on its own in the seventh year in the [same] way that we harvest [it] every year. And the explanation of this is that we have been prohibited from working the land and from doing work on trees in the sabbatical year, as we have already mentioned. But according to the Torah, we are allowed to eat what was planted on the sixth year - and that is called the aftergrowth - in the seventh year. But it is only permissible to harvest it with a modification. And its content is well-known - and that is that His saying, "The aftergrowth of your harvest, etc." (Leviticus 25:5), does not mean not to harvest it at all. For He already said, "And the resting of the land shall be for you to eat" (Leviticus 25:5). However it means that you not harvest it in the way you harvest it every year, but rather harvest it like we harvest something ownerless - meaning to say, without readiness and without preparation, as we will explain. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 1.)

(1) He prohibited picking the fruit which grew on the trees in the seventh year in the [same] way that we gather their fruits every year. Rather we do it with a modification to show that it is ownerless. And that is His saying, "and the grapes of your untended vines, you shall not gather" (Leviticus 25:5). And the explanation appeared (Sifra, Behar, Chapter 1:3): "'You shall not gather' - in the [usual] way of the gatherers. From here, they said (Mishnah Sheviit 8:6), 'Figs of the seventh year are not to be cut in a muktzeh, but they may be cut in an open place. Grapes may not be trodden in the wine-press, but they may be trodden in a kneading-trough. Olives may not be prepared in an olive-press or in a small olive-press, but one may crush them.'" And the regulations of this commandment and the one before it have already been explained in Sheviit. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 4.)

(3) [A loan secured by] a prozbul is not cancelled. This was one of the things enacted by Hillel the elder; for when he observed people refraining from lending to one another, and thus transgressing what is written in the Torah, “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.” Hillel enacted the prozbul.

(4) This is the formula of the prozbul: “I turn over to you, so-and-so, judges of such and such a place, that any debt that I may have outstanding, I shall collect it whenever I desire.” And the judges sign below, or the witnesses.