פירוש על ויקרא 25:15

במספר שנים אחר היובל תקנה ACCORDING TO THE NUMBER OF YEARS AFTER THE JUBILEE THOU SHALT BUY [OF THY COMPANION] — This (the following) is the literal sense fitting in the clauses of the verse as required by the context: Scripture intends here to warn against wronging prohibited in the preceding verse: When you sell or buy landed property take into account how many years there are until the Jubilee, and according to the years and the crops of the field which it can be expected to yield shall the vendor sell and the purchaser buy, for in the end he (the purchaser) will have to return it to him (to the vendor) in the Jubilee-year. Consequently if there are only a few years until the Jubilee and this man sells it at a high price it follows that the purchaser has been overreached. If, on the other hand, there are still many years until the Jubilee so that he eats from it many crops the seller is overreached if you give him only a low price. It must therefore be purchased according to the period remaining until the Jubilee. That is what Scripture means when it states: “According to the number of the years of the fruits he shall sell unto ,"thee," i. e. according to the number of years of crops that it (the field) will remain in the hand of the purchaser you shall sell it to him. Our Rabbis, however, derived from here the law that one who sells his field has no right to repurchase it before the elapse of at least two years, — that it must remain in the possession of the purchaser two full years reckoning from date to date, and even though there may be three crops in these two years, as, for instance, if he sold it when it had its corn standing. And in this interpretation the word שני does not lose its literal meaning, viz., that of years, (the words שני תבואות are not taken in this interpretation to mean “two crops” as you might at first think) — the phrase means מספר שנים של תבואות the number of years of crops (i. e. שני is the construct of שנים) and not of years when the corn is smitten by blast, and you know that the minimum number implied in the plural שנים is two (this is how the Rabbis derived the law that the vendor must leave the field at least two years in possession of the purchaser) (Arakhin 29b).

במספר שנים תקנה, you are to pay a price corresponding to the number of years that you will own the land. Our sages state that when it comes to matters which are subject to verification by weight, by measure, or number, even if the overcharge amounted to less than 1/6th, the usual leeway when buying things in “bundles,” etc, is refundable. (Baba Metzia 56)

במספר שנים אחר היובל, "according to the number of years after the Jubilee year, etc," We must establish first of all why the Torah speaks of the years "after the Jubilee," rather than "the number of years until the Jubilee year," seeing that the years the purchase is in effect are part of those years? Secondly, why did the Torah change its wording in the middle of a verse? The Torah describes the transaction as a purchase,מקנתו, when speaking of the number of years which determines the purchase price, i.e. making the purchaser the principal figure. When the Torah speaks of the number of harvests, however, it switches and describes the transaction as a sale, i.e. הוא מוכר לך, "he sells to you?"