40. Sabbatical and Jubilee - Shemitah ve-Yovel
a) The Sabbatical Year
We are commanded to rest from working the land
every seventh year and are forbidden to cultivate
fields or trees during that year, as it says "And the
land shall rest, a sabbath to Ha-Shem; [six years
you shall sow your fields and six years you shall
prune your vineyard and gather its produce, and in
the seventh year shall be a sabbath for the land, a
sabbath to Ha-Shem]; you shall not sow your field and
you shall not prune your vineyard"1; and it says "In
plowing time and harvest time you shall rest".2 Types
of agricultural work not mentioned in these verses are
forbidden at most rabbinically.a
Anything that grows during the seventh year
can be eaten, as it says "And the sabbath of the land
shall be for you to eat [for you and your slave and
maidservant and your hired worker and the settler
who lives with you and your animal and the wild
beast in your land all its produce shall be to eat]".3
It is rabbinically forbidden to eat plants
that are normally sown for cultivation unless they
grow in a place that is not normally cultivated; but
the fruit of trees and plants not normally sown can
be eaten in any case. It is forbidden to harvest in
the normal manner, as it says "You shall not reap a
harvest of what grows by itself and you shall not
gather the grapes of your untended vine; [it shall be
a sabbatical year for the land]".4 All of these laws
apply only in the land of Israel (and rabbinically
in parts of Jordan and Syria; but everything that
grows there is permitted, as is everything that grows
on land owned by a non-Jew even in the land of
Israel).b
We are commanded to abandon everything that the
land produces in the seventh year so that all have
equal rights in it, as it says "[Six years you shall
sow your land and gather its produce;] and the seventh
you shall release and abandon it and the poor of your
people shall eat [and what they leave over the beast
of the field shall eat; so too you shall do to your
vineyard, to your olive]".5 This produce can be used
only for normal eating, drinking and anointing, as
well as for fuel or dye; it must not be destroyed or used
for commercial purposes, but can be sold in small
quantities to buy other food and the like. It can
be eaten only as long as food of the same species is
still to be found in the fields, as it says "And for
your animal and the wild beast in your land all its
produce shall be to eat"3 -- as long as a beast can
eat it in the field one may eat it in
one's house, but when it is finished for the beasts in the
field one is required to clean it out of
one's house.c
We are commanded to abandon all outstanding loans
at the end of the seventh year and are forbidden to
claim them, as it says "At the end of seven years you
shall make a release... everyone shall release
his claim that he has against his friend; he shall
not oppress his friend and his brother".6 This law
applies in all lands; it applies rabbinically even
when the Temple does not exist. It does not apply
to loans on collateral or to loans registered in
court, as it says "but abandon what you have with
your brother"6 -- and not what a court can demand
from him. It is forbidden to refrain from lending
money before the seventh year for fear that it will
not be possible to collect it, as it says "Take care
lest an unworthy [thought] be in your heart, [namely that]
the seventh year, the year of release, is near,
and your eye be evil against your poor brother and
you do not give him [a loan]...; you shall give to
him and your heart shall not be sad in giving to
him...".7,d
b) The Jubilee Year
We are commanded to count seven times seven years
and to sanctify the fiftieth year, as it says "And
you shall count seven sabbaths of years, seven years
seven times... and you shall sanctify the fiftieth
year... it shall be a Jubilee for you".8 On the 10th
of Tishrei of the Jubilee year we are commanded to
blow a horn, as it says "And you shall pass
a blowing horn in the seventh month on the
tenth of the month; on the Day of Atonement you shall
pass a horn throughout your land".8 The Jubilee
year is exactly like the sabbatical year as regards
cultivation [as it says "A Jubilee the fiftieth year shall
be for you; you shall not sow and not harvest
what grows by itself and not gather what is untended;
for it is a Jubilee, it shall be holy for you, you
shall eat its produce from the field"]9; but it does
not require release of loans. The commandments
involving the Jubilee year, including the laws of
Jewish slaves, houses in walled cities, and land
consecrated to the Temple or "devoted" to the priests,
apply only when all of Israel dwells in the land of
Israel.e
Land in the land of Israel must not be sold in
perpetuity, as it says "And the land shall not be sold
permanently".10 Land sold (or given away) for other
than a fixed period of time can be bought back at
any time after two years if the owner acquires the
means, and in any case it reverts to the original
owner at the beginning of the Jubilee year [as it
says "In this Jubilee year you shall return each to
his property.... by the number of years [to] the
Jubilee you shall buy from your friend; by the
number of years of crops he shall sell to you; if
there are many years you shall increase the price;
if there are few years, you shall diminish the price;
for he is selling you [only] a number of crops"]11;
and it says "And in all the land of your possession
you shall allow the land to be redeemed"12; [and it
says "If your brother becomes poor and sells his
property... and he finds the means to redeem it he
shall compute the years of the sale and return the
excess to the man to whom he sold it and return to
his property; and if he does not find means enough
to repay him his purchase shall be in the hands of
its buyer until the Jubilee year and it shall be
released in the Jubilee and he shall return to his
property"]13; [and it says "In the jubilee year
the field shall return to the one from whom he bought
it, to the one whose property the land is"].14 But
if the buyer improved it he must be paid for the
improvements.f
If one sells a house in a walled city he must
redeem it within a year; if he does not, it does not
revert to him at the Jubilee year [as it says "And
if a man sells a dwelling house in a walled city its
redemption shall be until a full year from its sale...
but if it is not redeemed by the time a full year is
completed the house in the walled city belongs to
the buyer in perpetuity, to his generations; it does
not go out at the Jubilee"].15 A house not in a
walled city can be redeemed at any time, and
if it is not redeemed it reverts to the original
owner at the Jubilee [as it says "But houses in
villages that have no wall around them shall be counted
with the fields of the land; it can be redeemed and
it goes out in the Jubilee"].16,g
The Levites were given 48 cities in the land of
Israel [as it says "They shall give the Levites...
cities to dwell in and pasture around the cities...
the cities that you shall give to the Levites, 48
cities together with their pastures"].17 The pastures
extend 3000 cubits outside the cities, as it says "[And
the pastures of the cities that you shall give to the
Levites] from the wall of the city and beyond a
thousand cubits all around; and you shall measure from
outside the city... two thousand cubits with the city
in the middle..."18 -- the first thousand for pasture;
the two thousand that are measured beyond the
pasture, for fields and vineyards. The pasture should not
be used as a field nor the field as a pasture, as it
says "And the field of the pasture of their cities shall
not be sold".19 If a Levite (or the heir of a Levite)
sells or consecrates any of this property he can
redeem it at any time, even after the Jubilee year, as
it says "The Levites shall have perpetual redemption".20
The Levites have no other share in the land of Israel
or in the spoils of its conquest, as it says "The
priests and Levites, all the tribe of Levi, shall have
no portion or inheritance in Israel..."21; and it says
"And Ha-Shem said to Aaron: You shall have no
inheritance in their land and you shall have no portion
among them; I am your portion and your inheritance".22,h
Sources: |
| 1. Lev. 25:2-4 |
a. 1:1,10 |
| 2. Ex. 34:21 |
b. 4:1-4,22,25-29 |
| 3. Lev. 25:6-7 |
c. 4:24; 5:1,17; 6:1; 7:1 |
| 4. Lev. 25:5 |
d. 9:1-4,14-15 |
| 5. Ex. 23:10-11 |
e. 10:1,8-10,15-16 |
| 6. Deut. 15:1-3 |
f. 10:16; 11:1-2,4-5,8-9,17,19 |
| 7. Deut. 15:9-10 |
g. 12:1,4,10 |
| 8. Lev. 25:8-10 |
h. 13:1-2,4,7-8,10 |
| 9. Lev. 25:11-12 |
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| 10. Lev. 25:23 |
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| 11. Lev. 25:13,15-16 |
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| 12. Lev. 25:24 |
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| 13. Lev. 25:25-28 |
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| 14. Lev. 27:24 |
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| 15. Lev. 25:29-30 |
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| 16. Lev. 25:31 |
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| 17. Num. 35:2,7 |
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| 18. Num. 35:4-5 |
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| 19. Lev. 25:34 |
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| 20. Lev. 25:32 |
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| 21. Deut. 18:1 |
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| 22. Num. 18:20 |
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