Halakhah su Levitico 25:78

Eastern scholars¹ These are Hindu scholars (commentary to Leviticus 25:9). said that the solar year has an excess of 1⁄120 of a day, beyond the ¼ of a day that is in addition to the number of full days (365).² Thus a solar year is 365 + ¼ + 1⁄120 days, or 365 days, 6 hours, and 12 minutes, approximately 365.2583 days. Persian scholars said that the excess is 1⁄115 of a day.³ According to the Persian scholars a solar year is 365 + ¼ + 1⁄115 ~ 365.2587 days. Chaldean scholars said that the excess is 1⁄170 of a day.⁴ 365 + ¼ + 1⁄170 ~ 365.2559 days. Greek scholars said that the solar year is deficient by ⅓00 of a day from ¼ of a day.⁵ 365 + ¼ – ⅓00 ~ 365.2467 days. This value for the solar year was obtained by Hipparchus about the year 135 b.c.e. (Almagest iii, 1, p. 137; see Evans, p. 209). Recent scholars, and they are many, said that the deficiency is 1⁄106 of a day;⁶ These are certain Arab scholars (Sefer haMoladot, p. 240). According to their calculations a solar year is 365 + ¼ – 1⁄106 ~ 365.2406 days. others say 1⁄110 of a day.⁷ Other Arab scholars (Sefer haTa‘amim ii, p. 44). Thus a solar year is 365 + ¼ – 1⁄110 ~ 365.2409 days.

Rabbeinu Yehudah Hachasid (Sefer Hachasidim 507, in some editions 1163) writes that one should not conceal flaws from a potential marriage partner, lest the couple live a miserable life together. In fact, Rav Moshe Feinstein writes that just as the Torah (Vayikra 25:14) forbids misrepresenting merchandise in order to deceive consumers (ona’at mamon),³The Gemara discusses the laws of ona’ah at length in the fourth chapter of Bava Metzia. Regarding the severity of the sin of ona’ah, see Mesilat Yesharim (Chapter 11). surely one may not conceal information in a manner that misleads a potential marriage partner.⁴Teshuvot Igrot Moshe (Even Ha’ezer 4:73:2). Also see Teshuvot Divrei Malkiel (3:90) and Kehilot Yaakov (Yevamot 38). Moreover, if someone mistakenly marries without knowing that his/her spouse has an extremely severe flaw at the time of the wedding, the marriage’s validity can be called into question.⁵The laws of kiddushei ta’ut (marriages contracted under false pretenses) are exceedingly complex, such that only a major halachic authority can rule on practical cases of kiddushei ta’ut. We summarize the main issues surrounding kiddushei ta’ut in our first volume (pp. 40-47). One need not reveal every minor flaw, however, but only those that will likely undermine the marriage’s happiness.⁶The distinction between major and minor defects applies to business, too. When I sought to sell a used automobile, Rav Hershel Schachter told me that I need not enumerate every flaw, but rather only highly significant defects. For a discussion of disclosing defects in advertising, see Rav Aaron Levine’s Economics and Jewish Law (pp. 87-91).

The sabbatical and Jubilee years are interconnected in time,²In Leviticus 25, the primary biblical source for shmita, the sabbatical and Jubilee years are interconnected parts of a fifty-year cycle; see Lev. 25:2–10. like the sun and the moon in the universe, like Israel and humanity in the world of souls.³Rav Kook alludes here to the foundational kabbalistic notion of ashan, an acronym of olam, shana, nefesh, or world, time, and soul, the three dimensions that shape the finite world. The concept of ashan first appears in Sefer Yet-zirah, the oldest extant work of Jewish mysticism, references to which occur in texts from the first century (see Sefer Yetzirah 4:7–4:14, trans. Aryeh Ka-plan [York Beach, Me.: Samuel Weiser, 1990]). Rav Kook’s otherwise rather enigmatic reference to the sun and moon as instances of the particular and the universal appears to refer back to Sefer Yetzirah 4:7. See Orot hakodesh (Jerusalem: Mossad Harav Kook, 1938, 1985), 2:313, for an expanded expla-nation of Rav Kook’s understanding of the holiness inherent in these three basic dimensions of existence. The particular and the universal are profoundly interdependent in the most vital and spiritual sense; the particular needs the universal, and the universal needs the particular.⁴The interdependence of the particular and the universal is a major theme in Rav Kook’s writings. For an especially penetrating discussion of the relation-ship between these poles of Rav Kook’s thought, see Yehudah Mirsky, Rav Kook: Mystic in a Time of Revolution (New Haven, Conn.: Yale University Press, 2014), 107–11. See also the introduction to this volume, p. 51.

Judah the Persian¹⁹ Mentioned by Ibn Ezra in his Commentary to the Pentateuch and elsewhere. Nothing is known of this scholar. (See Encyclopedia Judaica, second edition, vol. 11, p. 505.) said that the years used by Israel were solar years, because he found the festivals were on fixed dates: Passover when the barley ripens (Exodus 34:18), Pentacost at reaping time (ibid. 34:22), and Tabernacles at harvest time (Deuteronomy 16:13). However, what can be done since Moses did not specify the length of a year?²⁰ Since the Bible does not specify the exact length of a solar year, the Karites are left with the matter being undecided. This will also affect determination of the festivals. Also, how will he explain the use of the Hebrew term “hodesh” (new) for “month,” for what is renewed relative to the sun? The uncircumcised (Christians), because their years are solar years and they found that a full year contains twelve lunations, divided the days of the year into twelve parts, for this number is closest to the number of lunar months. The result is that some months are 30 days and some months are 31 days.²¹ Here Ibn Ezra accounts for the division of a year into twelve parts, even if one uses a solar calendar. However, the term “hodesh” would not be appropriate for such solar months.

(4) And if through his lashon hara or rechiluth he lowers his friend so that he loses his livelihood as a result, as when through evil-heartedness he publicizes his friend as being dishonest, or, if he is a worker, as being unfit for his work, or the like, he also transgresses (Vayikra 25:35): "And if your brother grows poor and his hand falls with you, then you shall uphold him [even if he be], proselyte or sojourner; and he shall live with you." And (Ibid 16): "And your brother shall live with you," whereby we have been commanded to uphold the hand of an Israelite who has fallen ["on hard times,"], either by giving him a gift or a loan, or by going into partnership with him, or by finding a job for him, so that he be strengthened thereby and not fall and be beholden to men. How much more so are we commanded not to cause him to lose his livelihood!

(4) And if through his lashon hara or rechiluth he lowers his friend so that he loses his livelihood as a result, as when through evil-heartedness he publicizes his friend as being dishonest, or, if he is a worker, as being unfit for his work, or the like, he also transgresses (Vayikra 25:35): "And if your brother grows poor and his hand falls with you, then you shall uphold him [even if he be], proselyte or sojourner; and he shall live with you." And (Ibid 16): "And your brother shall live with you," whereby we have been commanded to uphold the hand of an Israelite who has fallen ["on hard times,"], either by giving him a gift or a loan, or by going into partnership with him, or by finding a job for him, so that he be strengthened thereby and not fall and be beholden to men. How much more so are we commanded not to cause him to lose his livelihood!

And this entire issur of lashon hara applies only [when spoken] against the man who is in the category of "your neighbor" [amitecha], "am she'techa," "a people who is with you" in Torah and in mitzvoth. But those people whom he knows to have "apikorsoth" [heresy] among them, it is a mitzvah to demean and to shame, both in their presence and not in their presence, in everything that he sees or hears about them. For it is written (Vayikra 25:17): "And you shall not wrong, one man, his fellow [amito]" and (Vayikra 19:16): "You shall not go talebearing among your people [be'amecha]." And they are not in this category, for they do not act as Your people. And it is written (Tehillim 139:21): "Do I not hate your haters, O L–rd? And against those who rise up against You do I strive." And one who denies the Torah and prophecy of Israel, both the written and the oral Law, is called an apikoress [heretic], even if he says all the Torah is from Heaven, except for one verse, or one kal vachomer [a fortiori argument], or one gezeirah shavah [identity deduction], or one dikduk [inference].

And all of these dinim that we have set down apply only to a man who is wont to regret his sins. But if you have probed his ways and seen that the fear of G–d is not before his eyes and that he always persists in a way that is not good — such as one who divests himself of the yoke of Heaven or is unheedful of a transgression which every one of his people knows to be a transgression — that is, whether the sin you wish to reveal has been committed deliberately many times by the sinner or he often transgresses deliberately a different sin which is known by all to be a sin — then it is apparent that it is not because his evil inclination overpowered him that he transgressed the word of the L–rd, but that he does as his heart sees fit and the fear of G–d is not before his eyes. Therefore, it is permitted to shame him and to speak demeaningly of him, both before him and in his absence. And if he does something or says something which can be judged either in the scales of merit or in the scales of guilt, he must be judged in the scales of guilt, since he has shown himself to be an absolute evildoer in his other affairs. And thus have our Rabbis said (Bava Metzia 59a): "'And you shall not wrong, one man, his fellow [amito]' (Vayikra 25:17) — 'a people who is with you' [am ito] in Torah and mitzvoth — do not wrong him with words!" And if one does not direct his heart to the word of the L–rd, it is permitted to shame him for his deeds, to make known his abominations, and to spill scorn upon him. And they said further (Yoma 86b): "Flatterers are exposed because of the desecration of the Name [that they engender]." And much more so if one reproved him for [his sin] and he did not desist from it, is it permitted to expose him and to reveal his sin in "the public gate" and to spill scorn upon him, until he returns to the good, as the Rambam has written in the end of Hilchoth Deoth 5. But it is important not to forget certain considerations that this entails, which I have written of in Be'er Mayim Chayim.

In addition, Ramban, in his Commentary on the Bible, Leviticus 25:36, interprets the verse, "And your brother shall live with you," as constituting a general obligation to preserve the life of one's fellow. Earlier, R. Aḥa'i Ga'on, She'iltot, She'ilta 38, adduced the discussion found in the Gemara, Baba Mezi'a 62a, in interpreting this verse in a similar manner. R. Shimon ben Ẓemaḥ Duran, Teshuvot Tashbaz, III, no. 37, declares that the verse "And he shall live by them" (Leviticus 18:5) constitutes yet another mizvah commanding the preservation of life. The Gemara, Yoma 85b, renders this passage as meaning, "And he shall live through [the commandments] but he shall not die by means of them," and accordingly interprets this verse as establishing the principle that mizvot are suspended in face of life-threatening dangers. The regulation mandating suspension of mizvot in face of danger, argues Tashbaz, must be understood as establishing a general obligation to preserve life whether or not violation of biblical law is necessary to accomplish that goal.

Here are honest witnesses that the day begins with dusk. Similarly for all the holidays and the Sabbath, for all are “appointed seasons of God, holy gatherings” (ibid. 23:4). Only the Sabbath is called “a Sabbath for God” (Exodus 20:10, Deuteronomy 5:14), for God rested during Creation. Since both the year and the day are dependent on the sun, for both motions are similar one to another, therefore the seventh year is comparable to the Sabbath day. Hence it is also written with regard to the seventh year “a Sabbath for God” (Leviticus 25:2). Therefore, just as the Sabbatical year begins with the autumn season, so the beginning of the Sabbath day is in that period of the day corresponding to autumn, which begins with dusk.

“Just as it was said about the Sabbath of creation, ‘it is a Sabbath for God,’ so, too, it was said about the Sabbath of shmita, ‘it is a Sabbath for God.’ ”¹⁹Rashi’s commentary on Lev. 25:2. The distinctive character of the people and the land dovetail with each other. Just as the people has a special aptitude for reaching spiritual heights from within the depths of everyday life, so, too, the land—God’s land—forms the people who dwell there as an everlasting inheritance that comes through a covenant and promise, with faith in the Eternal One of Israel, and is founded on the divine nature immovably infused in this wonderful country, which is married to the people whom God chose. The soul of the people and the land intertwine, working from the basis of their being to bring into existence the intricate patterns of inner holiness that lie within them during the sabbatical year. The people works with its soul force on the land, and the divine seed is revealed through its spiritual influence; the land, too, works on the people, refining their character in line with the divine desire for life inherent in their makeup.

Hazon Ish, Gilyonot le-Hiddushei Rabbenu Hayyim ha-Levi, Hilkhot Yesodei ha-Torah 5:1, s.v. u-mi-kol makom, demonstrates the same principle on the basis of his analysis of the well-known controversy between R. Akiva and Ben Petura recorded by the Gemara, Bava Mezi'a 62a. The case involves two people who are stranded in a desert with but a single container of water. There is sufficient water to sustain one person until he reaches safety; however, if the water is shared, neither will survive. Ben Petura declares that they should share the water and "let not one witness the death of his fellow." R. Akiva rules that the owner of the water should drink it himself in order to save his own life. In support of that ruling R. Akiva cites the verse, "that your brother may live with you" (Leviticus 25:36). That biblical command requires that a person enable his brother to live with him but not that he prefer his brother over himself. If so, the life of another person should not be preferred over one's own life with the result, as announced by R. Akiva, that "your life takes precedence."

A year of peace and quiet, where there are no tyrants or taskmasters; “he shall not oppress his fellow or kinsman, for the remission proclaimed is of the Lord”;²⁰Deut. 15:2. The verse quoted refers to the remission of debts in the shmita and prohibits creditors from exacting payment from debtors. a year of equality and relaxation in which the soul may expand toward the uprightness of God, who sustains all life with loving-kindness; a year when there is no private property and no standing on one’s rights, and a godly peace will pervade all that breathes. “It shall be a year of complete rest for the land, but you may eat whatever the land will produce during its Sabbath—you, your male and female slaves, the hired and bound laborers who live with you, and your cattle and the beasts on your land may eat all its yield.”²¹Lev. 25:5–7. Pernickety claims to private property will not profane the holiness of the produce of the land during this year, and the urge to get rich, which is stimulated by trade, will be forgotten; as it says, “for you to eat—but not for your trade.”²²Mishnah, Shevi’it 7:3. In this passage, Rav Kook draws on a series of halakhic midrashim based on a phrase from Lev. 25:6, “for you to eat,” which is inter-preted to exclude making use of food grown in the Land of Israel during the shmita for purposes other than eating. A spirit of generosity will rest on all; God will bless the fruit of the land “for you to eat and not your loss.” Human beings will return to a state of natural health, so that they will not need healing for sicknesses, which mostly befall us when the balance of life is destroyed and our lives are distanced from the rhythms of nature; “for you to eat” but not to make medicine and not to use as bandages.²³Talmud Bavli, Sukkah 40a. See the introduction to this volume for further discussion of Rav Kook’s astonishing claim that shmita will promote a natu-ral state of human health that will make medicine unnecessary. A holy spirit will be poured out upon all life; “it will be a year of complete rest for the land—a Sabbath of the Lord.”²⁴Lev. 25:4–5.

A year of peace and quiet, where there are no tyrants or taskmasters; “he shall not oppress his fellow or kinsman, for the remission proclaimed is of the Lord”;²⁰Deut. 15:2. The verse quoted refers to the remission of debts in the shmita and prohibits creditors from exacting payment from debtors. a year of equality and relaxation in which the soul may expand toward the uprightness of God, who sustains all life with loving-kindness; a year when there is no private property and no standing on one’s rights, and a godly peace will pervade all that breathes. “It shall be a year of complete rest for the land, but you may eat whatever the land will produce during its Sabbath—you, your male and female slaves, the hired and bound laborers who live with you, and your cattle and the beasts on your land may eat all its yield.”²¹Lev. 25:5–7. Pernickety claims to private property will not profane the holiness of the produce of the land during this year, and the urge to get rich, which is stimulated by trade, will be forgotten; as it says, “for you to eat—but not for your trade.”²²Mishnah, Shevi’it 7:3. In this passage, Rav Kook draws on a series of halakhic midrashim based on a phrase from Lev. 25:6, “for you to eat,” which is inter-preted to exclude making use of food grown in the Land of Israel during the shmita for purposes other than eating. A spirit of generosity will rest on all; God will bless the fruit of the land “for you to eat and not your loss.” Human beings will return to a state of natural health, so that they will not need healing for sicknesses, which mostly befall us when the balance of life is destroyed and our lives are distanced from the rhythms of nature; “for you to eat” but not to make medicine and not to use as bandages.²³Talmud Bavli, Sukkah 40a. See the introduction to this volume for further discussion of Rav Kook’s astonishing claim that shmita will promote a natu-ral state of human health that will make medicine unnecessary. A holy spirit will be poured out upon all life; “it will be a year of complete rest for the land—a Sabbath of the Lord.”²⁴Lev. 25:4–5.

A year of peace and quiet, where there are no tyrants or taskmasters; “he shall not oppress his fellow or kinsman, for the remission proclaimed is of the Lord”;²⁰Deut. 15:2. The verse quoted refers to the remission of debts in the shmita and prohibits creditors from exacting payment from debtors. a year of equality and relaxation in which the soul may expand toward the uprightness of God, who sustains all life with loving-kindness; a year when there is no private property and no standing on one’s rights, and a godly peace will pervade all that breathes. “It shall be a year of complete rest for the land, but you may eat whatever the land will produce during its Sabbath—you, your male and female slaves, the hired and bound laborers who live with you, and your cattle and the beasts on your land may eat all its yield.”²¹Lev. 25:5–7. Pernickety claims to private property will not profane the holiness of the produce of the land during this year, and the urge to get rich, which is stimulated by trade, will be forgotten; as it says, “for you to eat—but not for your trade.”²²Mishnah, Shevi’it 7:3. In this passage, Rav Kook draws on a series of halakhic midrashim based on a phrase from Lev. 25:6, “for you to eat,” which is inter-preted to exclude making use of food grown in the Land of Israel during the shmita for purposes other than eating. A spirit of generosity will rest on all; God will bless the fruit of the land “for you to eat and not your loss.” Human beings will return to a state of natural health, so that they will not need healing for sicknesses, which mostly befall us when the balance of life is destroyed and our lives are distanced from the rhythms of nature; “for you to eat” but not to make medicine and not to use as bandages.²³Talmud Bavli, Sukkah 40a. See the introduction to this volume for further discussion of Rav Kook’s astonishing claim that shmita will promote a natu-ral state of human health that will make medicine unnecessary. A holy spirit will be poured out upon all life; “it will be a year of complete rest for the land—a Sabbath of the Lord.”²⁴Lev. 25:4–5.

(13) And many times another negative commandment is transgressed. For very often one's friend is demeaned for his early deeds, for a family trait, for the paucity of his learning, or for his [mediocre] work, each man according to his situation, things being said to him which anger and confound him and against which he has no defense. Even if this transpired between the two of them alone [no one else being present], he [the speaker] transgresses (Vayikra 25:17): "And you shall not wrong, one man his fellow," which refers to verbal wronging (viz. Bava Metzia 58b). How much more so if this occurred in the company of others! It emerges, then, that if one slights his friend both through rechiluth or through lashon hara, before him alone or before others, aside from transgressing the negative commandment of lashon hara and rechiluth, as stated above, he also transgresses this negative commandment.

To the latter question Radbaz responds that the Torah, "whose ways are ways of pleasantness" (Proverbs 3:17), could not possibly demand the sacrifice of a limb even for such a noble purpose.¹⁹Radbaz’ interlocutor informed him that he had “found it written” that sacrifice of a limb is obligatory in order to save the life of another person. That view is espoused by R. Menachem Recanati, Piskei Recanati, no. 470, and is cited by R. Yehudah Ashkenazi of Tiktin, Be’er Heiteiv, Yoreh De‘ah (Amsterdam, 5529), 157:13, who declares that “some say” that it is indeed obligatory to sacrifice a limb in order to preserve the life of another person; cf., Naḥal Eitan, Hilkhot Ishut 21:11. See also Hagahot Mordekhai, Sanhedrin, sec. 718, who states that a person may cut off the limb of another in order to save his own life. Nevertheless, a person who is willing voluntarily to make such a sacrifice without endangering his own life acts in accordance with the highest traits of piety and merits approbation. If, however, the procedure involves self-endangerment, Radbaz dismisses the act as that of a "pious fool."²⁰The term “pious fool” would appear to denote a person who is foolhardy in his pursuit of pious deeds and assignment of this appellation certainly implies that such acts should not be encouraged. However, in context, the term does appear to connote that the act performed by the individual is forbidden. Although the verse “and your brother shall live with you” (Leviticus 25:36) is cited by R. Akiva, Baba Meẓi‘a 62a, as establishing that one dare not give preference to the life of another over one’s own life, that discussion serves only to prohibit the sacrifice of one’s own life on behalf of another but not to prohibit acceptance of a measure of danger in order to save the life of another. To be sure, as explicitly stated by Teshuvot Radbaz, III, no. 1,052, the principle expressed in the dictum formulated by the Gemara, Sanhedrin 74a, “Why do you think that your blood is sweeter than the blood of your fellow?” is valid in the converse as well, viz., “Why do you think that the blood of your fellow is sweeter than your own blood?” However, application of that principle would require passive nonintervention only when the danger to one’s own life is greater or equal to the danger to the person in need of rescue. In a situation in which the danger to the endangered person is significantly greater than the danger to the rescuer that consideration does not appear to be applicable. Hence, although the Torah does not demand self-endangerment even under such circumstances, the act of rescue, when posing a hazard to the rescuer, should be regarded as discretionary, albeit foolhardy, rather than as prohibited.
Nevertheless, Ẓiẓ Eli‘ezer, IX, no. 45, sec. 13, cites Radbaz’ use of the term “pious fool” in ruling that self-endangerment is forbidden even for the purpose of preserving the life of another. That position is reiterated in Ẓiẓ Eli‘ezer, X, no. 25, chap. 7, secs. 5 and 12 and no. 25, chap. 28. See also R. Chaim David Halevi, Sefer Assia, IV (5743), 256–257, and R. Shemayah Dikhovski, Ne’ot Deshe, II, 155–156. An identical view is also espoused by R. Moshe Hershler, Halakhah u-Refu’ah, II, 123. However, in the course of resolving the contradiction between Teshuvot Radbaz, III, no. 1,052 and Teshuvot Radbaz, V, no. 1,582 (see supra, note 10), Rabbi Hershler limits the prohibition to situations in which the potential danger to the rescuer is equal to, or greater than, the danger to the person to be rescued since he regards Radbaz as requiring intervention when the danger to the victim is disproportionate to that of the intervenor. Ẓiẓ Eli’ezer’s discussion is rather confusing since he also resolves the contradiction in a manner similar to the resolution presented by Rabbi Hershler (see supra, note 10), but in his definitive rulings does not seem to apply the principle that arises therefrom. Most striking is his ruling in Ẓiẓ Eli‘ezer, XIII, no. 101, to the effect that blood donations cannot be compelled because of the attendant danger. See infra, note 28. As will be shown shortly, Ẓiẓ Eli’ezer’s rulings with regard to kidney transplants are also inconsistent with this principle. Moreover, Ẓiẓ Eli‘ezer, IX, no. 45, sec. 5, himself states that Resh Lakish’s self-endangerment did not reflect a controversy with Rav Yonatan but represented an act of piety. That statement is inconsistent with the view that self-endangerment is prohibited.
A number of authorities explicitly declare that, under such circumstances, self-endangerment is discretionary but permissible. Teshuvot Minḥat Yiẓḥak, VI, no. 103, declares that the controversy between Hagahot Maimuniyot and Radbaz is limited to whether or not there is an obligation of rescue when there is a hazard to the rescuer but that all agree that “it is permissible if he so desires.” Minḥat Yiẓḥak, however, qualifies that statement with the caveat that self-endangerment is permitted only if such self-endangerment will “with certainty” lead to the rescue of the victim. See supra, note 8. R. Moses Feinstein, Iggerot
Mosheh, Yoreh De‘ah, II, no. 174, anaf 4, explicitly permits a person to risk his own life in order to save the life of another provided that he does not expose himself to “certain death.” Similarly, R. Samuel ha-Levi Woszner, Teshuvot Shevet ha-Levi, V, no. 119, reprinted in Halakhah u-Refu’ah, IV, 139–142, finds no transgression in endangering oneself in order to preserve the life of another provided that the probability of survival is more than fifty percent. R. Moshe Dov Welner, Ha-Torah ve-ha-Medinah, VII–VIII (5715–5719), 311, also regards self-endangerment for purposes of rescuing another person to be permissible. See also Jacob Levy, No‘am, XIV (5731), 319.
The hazards involved in donation of a kidney are not insignificant. See infra, note 109. Accordingly, the propriety of transplantation of a kidney from a living donor is directly related to the resolution of the issue of whether or not a person may risk his own life in order to preserve the life of another. Despite his earlier cited comments in resolving the contradiction found in Radbaz’ responsa, in Ẓiẓ Eli‘ezer, IX, no. 45, sec. 13 and Ẓiẓ Eli‘ezer, X, no. 25, chap. 7, secs. 5 and 12, Rabbi Waldenberg asserts that, pursuant to the opinion of Radbaz, such donations are prohibited. Although in Ẓiẓ Eli‘ezer, IX, no. 45, sec. 13, Rabbi Waldenberg concludes that such transplants cannot be sanctioned unless it is medically determined that “the matter does not entail possible danger to the life of the donor,” in Ẓiẓ Eli‘ezer, X, no. 25, chap. 7, he incongruously cites his earlier discussion of this topic and rules that such transplants may be permitted “where the danger is not certain and medical science states that it is reasonable [to assume that as a result both will remain alive.” That conclusion is inconsistent not only with his earlier ruling but also with his discussions in the same chapter. R. Pinchas Baruch Toledano, Barka’i, III, 26 and 32, similarly understands Radbaz as prohibiting self-endangerment and rules that donation of a kidney by a living person is forbidden. R. Saul Israeli, Barka’i, III, 35, notes 1 and 2, takes no definitive stand with regard to whether self-endangerment constitutes a transgression but opines that Radbaz’ negative view regarding self-endangerment is limited to situations involving a significant immediate danger. He also suggests that Radbaz’ comments are limited to the danger experienced in the loss of an external organ that would render the donor a cripple. However, neither qualification of Radbaz’ position is supported either by the text of the responsum or by an analysis of the underlying position.
The earlier cited authorities who permit self-endangerment for the purpose of preserving the life of another would certainly sanction transplantation of a kidney from a live donor. Such procedures are also permitted, at least under usual conditions, by R. Ovadiah Yosef, Dinei Yisra’el, VII, 41–43; idem, Yeḥaveh Da‘at, III, no. 84 and Halakhah u-Refu’ah, III, 61–63; R. Shlomoh Zalman Auerbach, as cited by Nishmat Avraham, II, Yoreh De‘ah 157:4 (sec. 2), s.v. akh katav li; R. Moshe Hershler, Halakhah u-Refu’ah, II, 124; R. Saul Israeli, Barka’i, III, p. 35, note 1 (cf., however, idem, p. 36, note 2); R. Moshe Meiselman, Halakhah u-Refu’ah, II, 119–125; R. Chaim David Halevi, Sefer Assia, IV, 257; and Ne’ot Deshe, II, 156.
It is certainly clear that Radbaz himself not only permitted amputation of a limb in order to preserve the life of another but also lauded such a sacrifice as an act of inordinate piety and voiced such approbation despite his observation that loss of blood resulting from perforation of an earlobe has been known to result in loss of life. Radbaz explicitly maintained that even the relatively high risk associated with amputation of a limb, particularly in his day, did not rise to the threshold of risk acceptable only to a “pious fool.” The comment of Ẓiẓ Eli‘ezer, IX, chap. 45, sec. 11, stating that, “since the multitude has trodden thereupon,” the surgical amputation of a limb does not rise to the halakhically significant threshold of danger is both empirically incorrect and contradicted by Radbaz’ comments concerning perforation of an earlobe. See Jacob Levy, No‘am, XIV, 322. Accordingly, contrary to the comments of Ẓiẓ Eli‘ezer and others, prohibition of a kidney transplant from a living donor cannot be sustained even according to their understanding of Radbaz. Cf., Ne’ot Deshe, II, 156.

Life during the shmita year is guided by the natural, inner desire for goodness and justice, equality, and calm, which God has planted within the nation. The people did not become like this by imitating something external; it is part of its nature. When this inner life starts to reveal itself in all its purity, it does not stand still. It is expansive and generous, seeking the power to act and to influence its surroundings. Israel’s inner nature soaks up the elevating power of its good choices, which restore our lives and the pure penitence that reconnects us to the source of the Jewish people’s inner strength. Holiness grows throughout these spans of time: “Count the shmita years in order to sanctify the Jubilees,”²⁷Talmud Bavli, Arakhin 32b. The Talmud describes here how the advent of the Jubilee was to be calculated. to prepare life for the Jubilee. “And you shall count off seven weeks of seven years—seven times seven years—so that the period of seven weeks of seven years gives you a total of forty-nine years.”²⁸Lev. 25:8. Shmita will suckle from the life channels of the Jubilee, which will gradually rise and spread, until they give shape to the life of the people. From those sources will the shmita be filled with a wholesome and invigorating glow that will arise out of the yearning for a divine order that fills all existence and not merely its own inner being.

Therefore, natural philosophers said that by right the year should begin with the point of intersection (equinoctial point) from which the sun begins to approach the inhabited portion of the earth (the northern hemisphere).⁷³ This is a “tropical year,” the period from one vernal equinox until the following vernal equinox. This is the cycle of Rav Adda.⁷⁴ Rav Adda’s year is a tropical year. Although his cycle is based on the average orbit, its correction is simple.⁷⁵ Rav Adda’s figure is for a mean solar year. Corrections need to be made to accommodate apparent variations in the solar orbit. This was also the beginning of the year for those who developed the Hebrew calendar. This was also the beginning of the year for the early Greeks.⁷⁶ See Evans, pp. 182–184 for a discussion of early Greek calendars. This is the vernal equinox. The Persians begin their year with the summer solstice, the Chaldeans with the autumnal equinox, and the Christians with the winter solstice. However the Christians are in error since their calculation of the solar year is not correct.⁷⁷ During the lifetime of Ibn Ezra, Christians followed the Julian calendar, with a year consisting of exactly 365¼ days. In the year 1582 the Church reformed its calendar and adopted the Gregorian version, improving upon the approximation of the Julian calendar.

In these years, when its inner character is being revealed, the nation gives a sign that it is preparing itself for an even higher level; one that can lead to a keen awareness of the godliness in life. The awakening of such awareness heralds a new spirit that announces great things: “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,”²⁹Lev. 25:9. and a godly spirit of general forgiveness, such as the individual experiences on Yom Kippur, will arise through the holiness of the Jubilee and spread throughout the entire society, clothing the whole people in a spirit of repentance and acquittal that will straighten out the injustices of the preceding period: “You shall proclaim release throughout the land for all its inhabitants.”³⁰Lev. 25:10. From Rosh Hashanah until Yom Kippur, slaves would neither become free to go home, nor would they remain slaves to their masters, but they would eat, drink, and rejoice with crowns on their heads. When Yom Kippur would arrive, the beit din would sound the shofar, slaves would be free to go home, and fields would return to their original owners.³¹Talmud Bavli, Rosh Hashanah 8b. See the introduction to this volume for a discussion of Rav Kook’s original reading of this talmudic passage. This freedom does not erupt like some volcano; it emerges gradually from the higher holiness. It is not a radical exception to the regular social order but flows from within it, nurtured by the life of the shorter, preceding periods until, reinforced by the revelation of our choices for good, it has the power to repair past injustices.

In these years, when its inner character is being revealed, the nation gives a sign that it is preparing itself for an even higher level; one that can lead to a keen awareness of the godliness in life. The awakening of such awareness heralds a new spirit that announces great things: “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,”²⁹Lev. 25:9. and a godly spirit of general forgiveness, such as the individual experiences on Yom Kippur, will arise through the holiness of the Jubilee and spread throughout the entire society, clothing the whole people in a spirit of repentance and acquittal that will straighten out the injustices of the preceding period: “You shall proclaim release throughout the land for all its inhabitants.”³⁰Lev. 25:10. From Rosh Hashanah until Yom Kippur, slaves would neither become free to go home, nor would they remain slaves to their masters, but they would eat, drink, and rejoice with crowns on their heads. When Yom Kippur would arrive, the beit din would sound the shofar, slaves would be free to go home, and fields would return to their original owners.³¹Talmud Bavli, Rosh Hashanah 8b. See the introduction to this volume for a discussion of Rav Kook’s original reading of this talmudic passage. This freedom does not erupt like some volcano; it emerges gradually from the higher holiness. It is not a radical exception to the regular social order but flows from within it, nurtured by the life of the shorter, preceding periods until, reinforced by the revelation of our choices for good, it has the power to repair past injustices.

If individuals fall from the status of free men and women and, forgetting their inherent nobility, are made into servants—“the ear that heard the words at Sinai, ‘the children of Israel are My servants’³²Lev. 25:55.—My servants, and not the servants of My servants”—and yet in spite of this he went and acquired a human master for himself³³Talmud Bavli, Kiddushin 22b. The Talmud here censures the Hebrew slave referred to in Exod. 21:6, who elects to remain a slave beyond the mandatory period. His choice shows that he has not internalized the innate freedom and dignity that attaches to being a servant of God, not of man. Rav Kook understands the return of each person to his ancestral land as the remedy for the indignity of selling oneself as a slave.—now his freedom and self-respect are returned to him. Holiness flows into our lives from the highest source, the place from which the nation’s soul suckles light and “freedom is proclaimed throughout the land to all its inhabitants.”³⁴Lev. 25:10. Inequality in landed property, which resulted from bodily and spiritual weakness and error, sapped his strength, until he was forced to sell his ancestral patrimony. Now, however, restitution comes, corresponding to the people’s status at the beginning of its journey. The original property returns to those who have suffered from the vicissitudes of life, distorting their sense of their true value: “In this Jubilee, everyone shall return to his original holdings.”³⁵Lev. 25:13.

If individuals fall from the status of free men and women and, forgetting their inherent nobility, are made into servants—“the ear that heard the words at Sinai, ‘the children of Israel are My servants’³²Lev. 25:55.—My servants, and not the servants of My servants”—and yet in spite of this he went and acquired a human master for himself³³Talmud Bavli, Kiddushin 22b. The Talmud here censures the Hebrew slave referred to in Exod. 21:6, who elects to remain a slave beyond the mandatory period. His choice shows that he has not internalized the innate freedom and dignity that attaches to being a servant of God, not of man. Rav Kook understands the return of each person to his ancestral land as the remedy for the indignity of selling oneself as a slave.—now his freedom and self-respect are returned to him. Holiness flows into our lives from the highest source, the place from which the nation’s soul suckles light and “freedom is proclaimed throughout the land to all its inhabitants.”³⁴Lev. 25:10. Inequality in landed property, which resulted from bodily and spiritual weakness and error, sapped his strength, until he was forced to sell his ancestral patrimony. Now, however, restitution comes, corresponding to the people’s status at the beginning of its journey. The original property returns to those who have suffered from the vicissitudes of life, distorting their sense of their true value: “In this Jubilee, everyone shall return to his original holdings.”³⁵Lev. 25:13.

If individuals fall from the status of free men and women and, forgetting their inherent nobility, are made into servants—“the ear that heard the words at Sinai, ‘the children of Israel are My servants’³²Lev. 25:55.—My servants, and not the servants of My servants”—and yet in spite of this he went and acquired a human master for himself³³Talmud Bavli, Kiddushin 22b. The Talmud here censures the Hebrew slave referred to in Exod. 21:6, who elects to remain a slave beyond the mandatory period. His choice shows that he has not internalized the innate freedom and dignity that attaches to being a servant of God, not of man. Rav Kook understands the return of each person to his ancestral land as the remedy for the indignity of selling oneself as a slave.—now his freedom and self-respect are returned to him. Holiness flows into our lives from the highest source, the place from which the nation’s soul suckles light and “freedom is proclaimed throughout the land to all its inhabitants.”³⁴Lev. 25:10. Inequality in landed property, which resulted from bodily and spiritual weakness and error, sapped his strength, until he was forced to sell his ancestral patrimony. Now, however, restitution comes, corresponding to the people’s status at the beginning of its journey. The original property returns to those who have suffered from the vicissitudes of life, distorting their sense of their true value: “In this Jubilee, everyone shall return to his original holdings.”³⁵Lev. 25:13.

In the modern world loans occur in situations varied and sundry. In antiquity, loans were almost always provident in nature. A farmer's crop failed and as a result he was forced to resort to a loan in order to purchase seed for planting the next year's crop. A person became temporarily incapacitated and was reduced to seeking a loan to put bread on the table. A loan of that nature is described by Scripture as an act of charity: "that your brother may live with you" (Leviticus 25:36). Charity assumes many guises. A loan represents a higher form of charity than a gift because the impoverished recipient receives full benefit of the funds advanced without being deprived of dignity. Such loans represent fulfillment of a divine command for which a person dare not demand compensation at the hands of his fellow. Moreover, unlike the majority of commandments with regard to which Scripture does not reveal the underlying rationale, in promulgating the requirement that a loan be interest-free, Scripture is quite explicit with regard to the reasoning: the borrower is in need of funds to sustain himself. The Bible regards profiting from human misery as ignominious; to demand interest is to compound the plight of an already destitute person. In earlier centuries, the Church regarded the taking of interest to be prohibited by natural law; the odiousness of interest-taking was not based upon dogmatic revelation but was regarded as readily apprehensible by the unaided light of moral reason.

All these are signs of a spiritual vitality that this people will manifest when a divine sense of morality is alive within them. They will emerge from the complexity of the nation’s political situation in its full richness, “when all its inhabitants are living there.”³⁷Talmud Bavli, Arakhin 32b. The Talmud sets “when all its inhabitants are liv-ing there” as a condition for the observance of the Jubilee year. This is inferred from the verse referring to the Jubilee “freedom is proclaimed throughout the land to all its inhabitants” (Lev. 25:10), i.e., the Jubilee’s proclamation of freedom may occur only when all the land’s inhabitants are living on it. Rav Kook understands that the fulfillment of this condition effects a qualitative change in the people’s political situation. Thus will the people find a way to reveal an awareness of the godly integrity that stands above its innate quality, that is already within it, and that protects the people’s purposes so that they do not decline or disappear entirely.

We also find written⁸³ Ibn Ezra now proceeds to show that for some matters the year begins with the month of Tishre. Here he seems to be countering the Karites, who did not accept the first of Tishre as Rosh haShana. The Karites argued that there is no Scriptural basis for the first of Tishre being anything other than a day when work is forbidden (Leviticus 23:23–25) and special sacrifices are offered (Numbers 29: 1–5). The Karites began the year for all religious matters with the first of Nisan. with regard to Tabernacles “at the turn of the year” (Exodus 34:22), and also “at the departure of the year” (ibid. 23:16). Now the same day when one year ends a new year begins. We also find that God instructed us in a law of Haqhel, when the entire Torah is read during the holiday of Tabernacles of a Sabbatical year (Deuteronomy 31:10–13). There it is written “in order that they may learn” (ibid. 31:12). It is not likely that this took place after half a year.⁸⁴ Thus, Haqhel certainly took place at the beginning of a Sabbatical year, indicating that a Sabbatical year began around the time of Tabernacles. Do not be perplexed by the word “At an end (miqqez) of seven years” (ibid. 31:10),⁸⁵ The verse concerning Haqhel reads: “At the end of seven years, in the time of the Sabbatical year, on the holiday of Tabernacles,” which seems to indicate that the celebration of Haqhel took place at the conclusion of the Sabbatical year and the beginning of the eighth year. for we similarly find “At an end (miqqez) of seven years you shall send forth, each man his brother” (Jeremiah 34:14).⁸⁶ We know that servants were set free after six years (Exodus 21:2). Thus “miqqez” must here refer to the beginning of the seventh year. Similarly for Haqhel, the word “miqqez” means “beginning” rather than “end.” For each thing has two edges, a front edge and a back edge. The Sabbatical year began with Tishre,⁸⁷ Here Ibn Ezra refutes the Karites who began the Sabbatical year with Nisan. (See Ibn Ezra’s commentary to Leviticus 25:20.) which is the seventh month, since then the half year of planting began. Thus it states regarding the Sabbatical year “do not plant” (Leviticus 25:4), and “You shall plant on the eighth year” (ibid. 25:22).

We also find written⁸³ Ibn Ezra now proceeds to show that for some matters the year begins with the month of Tishre. Here he seems to be countering the Karites, who did not accept the first of Tishre as Rosh haShana. The Karites argued that there is no Scriptural basis for the first of Tishre being anything other than a day when work is forbidden (Leviticus 23:23–25) and special sacrifices are offered (Numbers 29: 1–5). The Karites began the year for all religious matters with the first of Nisan. with regard to Tabernacles “at the turn of the year” (Exodus 34:22), and also “at the departure of the year” (ibid. 23:16). Now the same day when one year ends a new year begins. We also find that God instructed us in a law of Haqhel, when the entire Torah is read during the holiday of Tabernacles of a Sabbatical year (Deuteronomy 31:10–13). There it is written “in order that they may learn” (ibid. 31:12). It is not likely that this took place after half a year.⁸⁴ Thus, Haqhel certainly took place at the beginning of a Sabbatical year, indicating that a Sabbatical year began around the time of Tabernacles. Do not be perplexed by the word “At an end (miqqez) of seven years” (ibid. 31:10),⁸⁵ The verse concerning Haqhel reads: “At the end of seven years, in the time of the Sabbatical year, on the holiday of Tabernacles,” which seems to indicate that the celebration of Haqhel took place at the conclusion of the Sabbatical year and the beginning of the eighth year. for we similarly find “At an end (miqqez) of seven years you shall send forth, each man his brother” (Jeremiah 34:14).⁸⁶ We know that servants were set free after six years (Exodus 21:2). Thus “miqqez” must here refer to the beginning of the seventh year. Similarly for Haqhel, the word “miqqez” means “beginning” rather than “end.” For each thing has two edges, a front edge and a back edge. The Sabbatical year began with Tishre,⁸⁷ Here Ibn Ezra refutes the Karites who began the Sabbatical year with Nisan. (See Ibn Ezra’s commentary to Leviticus 25:20.) which is the seventh month, since then the half year of planting began. Thus it states regarding the Sabbatical year “do not plant” (Leviticus 25:4), and “You shall plant on the eighth year” (ibid. 25:22).

We also find written⁸³ Ibn Ezra now proceeds to show that for some matters the year begins with the month of Tishre. Here he seems to be countering the Karites, who did not accept the first of Tishre as Rosh haShana. The Karites argued that there is no Scriptural basis for the first of Tishre being anything other than a day when work is forbidden (Leviticus 23:23–25) and special sacrifices are offered (Numbers 29: 1–5). The Karites began the year for all religious matters with the first of Nisan. with regard to Tabernacles “at the turn of the year” (Exodus 34:22), and also “at the departure of the year” (ibid. 23:16). Now the same day when one year ends a new year begins. We also find that God instructed us in a law of Haqhel, when the entire Torah is read during the holiday of Tabernacles of a Sabbatical year (Deuteronomy 31:10–13). There it is written “in order that they may learn” (ibid. 31:12). It is not likely that this took place after half a year.⁸⁴ Thus, Haqhel certainly took place at the beginning of a Sabbatical year, indicating that a Sabbatical year began around the time of Tabernacles. Do not be perplexed by the word “At an end (miqqez) of seven years” (ibid. 31:10),⁸⁵ The verse concerning Haqhel reads: “At the end of seven years, in the time of the Sabbatical year, on the holiday of Tabernacles,” which seems to indicate that the celebration of Haqhel took place at the conclusion of the Sabbatical year and the beginning of the eighth year. for we similarly find “At an end (miqqez) of seven years you shall send forth, each man his brother” (Jeremiah 34:14).⁸⁶ We know that servants were set free after six years (Exodus 21:2). Thus “miqqez” must here refer to the beginning of the seventh year. Similarly for Haqhel, the word “miqqez” means “beginning” rather than “end.” For each thing has two edges, a front edge and a back edge. The Sabbatical year began with Tishre,⁸⁷ Here Ibn Ezra refutes the Karites who began the Sabbatical year with Nisan. (See Ibn Ezra’s commentary to Leviticus 25:20.) which is the seventh month, since then the half year of planting began. Thus it states regarding the Sabbatical year “do not plant” (Leviticus 25:4), and “You shall plant on the eighth year” (ibid. 25:22).

We also find written⁸³ Ibn Ezra now proceeds to show that for some matters the year begins with the month of Tishre. Here he seems to be countering the Karites, who did not accept the first of Tishre as Rosh haShana. The Karites argued that there is no Scriptural basis for the first of Tishre being anything other than a day when work is forbidden (Leviticus 23:23–25) and special sacrifices are offered (Numbers 29: 1–5). The Karites began the year for all religious matters with the first of Nisan. with regard to Tabernacles “at the turn of the year” (Exodus 34:22), and also “at the departure of the year” (ibid. 23:16). Now the same day when one year ends a new year begins. We also find that God instructed us in a law of Haqhel, when the entire Torah is read during the holiday of Tabernacles of a Sabbatical year (Deuteronomy 31:10–13). There it is written “in order that they may learn” (ibid. 31:12). It is not likely that this took place after half a year.⁸⁴ Thus, Haqhel certainly took place at the beginning of a Sabbatical year, indicating that a Sabbatical year began around the time of Tabernacles. Do not be perplexed by the word “At an end (miqqez) of seven years” (ibid. 31:10),⁸⁵ The verse concerning Haqhel reads: “At the end of seven years, in the time of the Sabbatical year, on the holiday of Tabernacles,” which seems to indicate that the celebration of Haqhel took place at the conclusion of the Sabbatical year and the beginning of the eighth year. for we similarly find “At an end (miqqez) of seven years you shall send forth, each man his brother” (Jeremiah 34:14).⁸⁶ We know that servants were set free after six years (Exodus 21:2). Thus “miqqez” must here refer to the beginning of the seventh year. Similarly for Haqhel, the word “miqqez” means “beginning” rather than “end.” For each thing has two edges, a front edge and a back edge. The Sabbatical year began with Tishre,⁸⁷ Here Ibn Ezra refutes the Karites who began the Sabbatical year with Nisan. (See Ibn Ezra’s commentary to Leviticus 25:20.) which is the seventh month, since then the half year of planting began. Thus it states regarding the Sabbatical year “do not plant” (Leviticus 25:4), and “You shall plant on the eighth year” (ibid. 25:22).

We also find written⁸³ Ibn Ezra now proceeds to show that for some matters the year begins with the month of Tishre. Here he seems to be countering the Karites, who did not accept the first of Tishre as Rosh haShana. The Karites argued that there is no Scriptural basis for the first of Tishre being anything other than a day when work is forbidden (Leviticus 23:23–25) and special sacrifices are offered (Numbers 29: 1–5). The Karites began the year for all religious matters with the first of Nisan. with regard to Tabernacles “at the turn of the year” (Exodus 34:22), and also “at the departure of the year” (ibid. 23:16). Now the same day when one year ends a new year begins. We also find that God instructed us in a law of Haqhel, when the entire Torah is read during the holiday of Tabernacles of a Sabbatical year (Deuteronomy 31:10–13). There it is written “in order that they may learn” (ibid. 31:12). It is not likely that this took place after half a year.⁸⁴ Thus, Haqhel certainly took place at the beginning of a Sabbatical year, indicating that a Sabbatical year began around the time of Tabernacles. Do not be perplexed by the word “At an end (miqqez) of seven years” (ibid. 31:10),⁸⁵ The verse concerning Haqhel reads: “At the end of seven years, in the time of the Sabbatical year, on the holiday of Tabernacles,” which seems to indicate that the celebration of Haqhel took place at the conclusion of the Sabbatical year and the beginning of the eighth year. for we similarly find “At an end (miqqez) of seven years you shall send forth, each man his brother” (Jeremiah 34:14).⁸⁶ We know that servants were set free after six years (Exodus 21:2). Thus “miqqez” must here refer to the beginning of the seventh year. Similarly for Haqhel, the word “miqqez” means “beginning” rather than “end.” For each thing has two edges, a front edge and a back edge. The Sabbatical year began with Tishre,⁸⁷ Here Ibn Ezra refutes the Karites who began the Sabbatical year with Nisan. (See Ibn Ezra’s commentary to Leviticus 25:20.) which is the seventh month, since then the half year of planting began. Thus it states regarding the Sabbatical year “do not plant” (Leviticus 25:4), and “You shall plant on the eighth year” (ibid. 25:22).

I shall explain the verse “it will bring forth produce for the three years” (ibid. 25:21).⁸⁸ Scripture states: “If you should say: ‘What will we eat on the seventh year? Behold we will neither plant nor gather our produce.’ I shall command My blessing upon you in the sixth year, and it will bring forth produce for the three years. You will plant in the eighth year and eat of the old produce until the ninth year, until the arrival of its produce, you will eat old” (Leviticus 25:20–22). Among the problems that these verses present are: (1) the “three years” are listed as through the ninth year, which tallies to four years (6, 7, 8, and 9) instead of three. (2) We do not even have three full years, since the produce serves for half the sixth year, the whole seventh year, and half the eighth year. (3) Why would they be eating old produce through the ninth year when they can plant and harvest on the eighth year (since the year begins with Tishre)? Ibn Ezra addresses these problems. Be aware that a minute remaining of a Biblical day is considered a full day. For example, it is written “On the eighth day the flesh of his foreskin shall be circumcised” (ibid. 12:3). If one is born on Friday one-half hour before the Sabbath commences, he is circumcised the following Friday morning, even though he has not completed seven full days.⁸⁹ Thus we see that when Friday ends one full day is completed, even though it was not 24 hours. Therefore the following Friday is the eighth day. Similarly, one day in the year is considered a full year. Sometimes it is counted as a separate year and sometimes it is left as part of the previous full year. Thus it is written “you will bear your sins for forty years” (Numbers 14:34). Now this incident occurred in the second year, and God did not punish them before they sinned.⁹⁰ The problem is how to arrive at a figure of forty years of wandering from the time they sinned (the slanderous report of the spies), when they remained in the wilderness only 39 more years. The number forty was due to their not crossing the Jordan until the “tenth of the first month” (Joshua 4:19) in the forty-first year.⁹¹ In this case part of one month counted as a year. This is in contrast to “they ate the manna forty years” (Exodus 16:35).⁹² The manna began in the first year of the exodus from Egypt and continued into the forty-first year. Yet Scripture writes “forty years,” omitting the one month of the forty-first year. In Scripture the “seventeenth” (1 Kings 14:21) is identical with “the eighteenth year” (ibid. 15:1);⁹³ We know that Rehoboam and Jeroboam began their reigns in the same year, with Rehoboam preceding Jeroboam by a few weeks. Also, Scripture relates that Rehoboam ruled for seventeen years (1 Kings 14:21), which would likewise be the seventeenth year of Jeroboam. Yet Scripture states that Rehoboam’s son, Abijam, began his reign in the eighteenth year of Jeroboam (ibid. 15:1). Obviously here “seventeenth year” and “eighteenth year” were the same year. also the “nineteenth.”⁹⁴ The eighteenth year of Nebuchadnezzar (Jeremiah 52:29) is also referred to as the nineteenth year of Nebuchadnezzar (ibid. 52:12). “The eleventh year” (2 Kings 9:29) is the same as “The twelfth year” (ibid. 8:25).⁹⁵ The verse relates that Ahaziah began his reign in the eleventh year of Jehoram (2 Kings 9:29), while in 2 Kings 8:25 it is written that Ahaziah began his reign in the twelfth year of Jehoram. Also, Ahaziah ruled for two years beginning with “the seventeenth year of Jehoshaphat” (1 Kings 22:52), yet Jehoram his brother ruled after him “in the eighteenth year of Jehoshaphat” (2 Kings 3:1). There are many similar examples.

Thus “it will bring forth produce for the three years” refers to half the sixth year, the full seventh year, and half of the eighth. The phrase “until the coming of its produce” is connected with “the eighth year” (ibid. 25:22),⁹⁶ The phrase “until the arrival of its produce” does not refer to the arrival of the produce of “the ninth year,” which is adjacent to that phrase, rather to “the eighth year” that is mentioned earlier in the verse. as if it were written “You will plant in the eighth year and eat of the old produce until the arrival of the new produce, and it will provide for you until the harvest of the ninth year.”

The people rises to these levels when it knows its own particular spirit. This self-knowledge allows the people to be crowned with the divine Torah that stands at the summit of the world. However inhospitable, or even hostile, the surroundings are to the godly heights for which Israel yearns, she will not be caught in their snares but will go confidently on her way. Then her natural inner character and the splendor of her power of moral choice will be awakened. The shmita and the Jubilee will adorn her, and the land will respond to the people, with all the spiritual goodness that is within her, attuned to the joy of shmita and the Jubilee. “I will ordain my blessing for you in the sixth year so that it shall yield a crop sufficient for three years.”⁴⁰Lev. 25:21. The verse promises God’s blessing on the sixth year so that the shmita will not cause shortage or hardship. “The pasturelands distill it; the hills are girded with joy. The meadows are clothed with flocks, the valleys mantled with grain; they raise a shout, they break into song.”⁴¹Ps. 65:13–14. The antecedent of “it” in the previous verse (65:12) is “God’s bounty.” Rav Kook cites this verse as an image of blessing and plenty.

The Jubilee is “seven sabbaths of years” (Leviticus 25:8). The Jubilee begins on the Day of Atonement, as it is written “on the Day of Atonement you shall pass a Shofar throughout your land and sanctify the fiftieth year” (ibid. 25:9–10). So the beginning of the Sabbatical year is like the beginning of the Jubilee year. Do not be puzzled that the year did not begin with the Day of Remembrance (Rosh haShanah, the first of Tishre). For if we should calculate that the first of Nisan was exactly on the vernal equinox, then the true third season (autumn) needs to add approximately ten days, the excess of the the solar year over the lunar year.¹⁰² Spring and summer together comprise 187 days (see note 52), while six lunar months consist of 6 ׳ 29.5 = 177 days. Therefore, we must add 10 days to the six months from Nisan until Tishre for the beginning of autumn. This turns out to be close to the difference between a solar year (365 days) and a standard lunar year (354 days). Also, since the sun’s movement is slow.¹⁰³ The sun’s movement appears slower near its apogee, which is during the summer (see note 49). Therefore the year begins with the Day of Atonement or Tabernacles.

The Jubilee is “seven sabbaths of years” (Leviticus 25:8). The Jubilee begins on the Day of Atonement, as it is written “on the Day of Atonement you shall pass a Shofar throughout your land and sanctify the fiftieth year” (ibid. 25:9–10). So the beginning of the Sabbatical year is like the beginning of the Jubilee year. Do not be puzzled that the year did not begin with the Day of Remembrance (Rosh haShanah, the first of Tishre). For if we should calculate that the first of Nisan was exactly on the vernal equinox, then the true third season (autumn) needs to add approximately ten days, the excess of the the solar year over the lunar year.¹⁰² Spring and summer together comprise 187 days (see note 52), while six lunar months consist of 6 ׳ 29.5 = 177 days. Therefore, we must add 10 days to the six months from Nisan until Tishre for the beginning of autumn. This turns out to be close to the difference between a solar year (365 days) and a standard lunar year (354 days). Also, since the sun’s movement is slow.¹⁰³ The sun’s movement appears slower near its apogee, which is during the summer (see note 49). Therefore the year begins with the Day of Atonement or Tabernacles.

The primary device recognized by Jewish law as an acceptable means of avoiding the prohibition against extending or receiving an interest-bearing loan is known as a hetter iska or "permissible venture."⁶R. Baruch ha-Levi Epstein, Torah Temimah, Leviticus 25:36, sec. 192, defends the introduction of the hetter iska during the medieval period: Its function is to substitute some form of profit-sharing representing a return on invested funds for what would otherwise have been structured as an interest-bearing loan.

It is forbidden to humiliate anyone either by word or by deed, especially in public. And our Rabbis of blessed memory said,⁵²Bava Metzia 58b. "A person who humiliates someone in public will have no share in the World to Come." Our Rabbis of blessed memory said furthermore,⁵³Ibid, 59a. "It is better for a man to throw himself into a fiery furnace than to put his fellow man to shame," for it is said:⁵⁴Genesis 38:25. This refers to the incident of Tamar and Yehudah. "When she was being taken out [to be executed] she sent word to her father-in-law, saying: "By the man who is the owner of these articles I am pregnant." She did not say to him openly [that it was of him that she conceived] she merely hinted, [thinking] if he admits it, fine, if not, I will not expose him publicly." Therefore, you should be very careful not to humiliate anyone in public, whether he is a minor or an adult, nor to call anyone by a name of which he is ashamed, and do not relate in his presence anything of which he is ashamed. And if anyone sinned against you and it is necessary for you to admonish him [for it], do not humiliate him, for it is said:⁵⁵Leviticus 19:17. "Do not sin through him."⁵⁶Do not embarass him publicly. (Rashi) This law applies only to a case where he [sinned] against his fellow man, but if he [sinned] against God, and does not retract [and repent] when you admonish him privately, you may disgrace him publicly, and publicize his transgression, and you may revile him to his face, you may insult him and curse him until he returns to the good [path], as all the prophets in Israel have done. Regarding such a person [the law prohibiting] the making of disparaging remarks does not apply for it is said:⁵⁷Leviticus 25:17. "Do not speak slightingly to one another,"⁵⁸Alternately translated “Do not cheat one another.” Rashi explains that this verse contains the prohibition against verbal abuse, i.e. not to taunt anyone, nor give bad or unsuitable advice. and the Rabbis of blessed memory explain, that the word amiso [to your fellow man], applies to those who are of one mind with you in their observance of the Torah and the mitzvos. The Torah forbids you to abuse them verbally, but you are not [prohibited from verbally abusing] those persons who violate [the Torah] and do not repent [even] after they have been admonished privately, and with gentle words.

Similarly, when you are engaged in business or in a trade [or profession] to earn a livelihood, you should not aspire merely to accumulate wealth, but pursue your work in order to support your family,⁵A very rich man whose family is amply provided for, when pursuing his business affairs should have in mind that his great wealth should enable him to give more charity, to provide employment for many of his fellow Jews and to establish others in businesses of their own, thereby fulfilling the Torah command “You must come to his aid” (Leviticus 25:35). (Mishnah Berurah 231–8) to give charity, and to raise your children to study the Torah. The general principle [that should guide all your actions] is: It is the duty of every person to consider his ways judiciously,⁶Literally, “to place his eyes and his heart on his ways.” and to weigh his deeds on the scales of reason; and if he sees something that is conducive to the service of the Creator, on high, he should do it, otherwise, he should not do it. If you lead [your life according to] this rule, you will be serving God all your days, even when sitting, getting up, walking, and doing business, even when eating and drinking, yes, even when having marital relations and performing all your bodily functions. With regard to this way of thinking our Rabbis of blessed memory said:⁷Avos 2:17. "Let all your deeds be for the sake of Heaven." And in the same manner Rabbeinu Hakodesh raised his fingers heavenward when he was dying, and said:⁸Kesuvos 104a. "It is obvious and known to You that I derived no [personal] benefit from them.⁹I.e., from the labor of my hands. [All I have done was] only for the sake of Heaven.

It is a positive commandment to give charity to poor Jewish people, as it is said "Open your hand to him."¹Deuteronomy 15:8. And it is said: "That your brother may live with you."²Leviticus 25:36. Anyone who sees a poor person seeking help and ignores him, and does not give him charity, transgresses a prohibitive commandment, as it is said: "Do not harden your heart nor shut your hand from your brother in need."³Numbers 15:7. [Giving] charity is a characteristic of the descendants of Abraham, as it is said: "For I have a special love for him because he commands his children and his household after him [to preserve the way of Hashem] doing charity and justice."⁴Genesis 18:19. And the throne of Israel will be established and the religion of truth confirmed only through charity, as it is said: "Through charity will you be reestablished."⁵Isaiah 54:14. Greater is he who performs acts of charity than [one who brings] all the sacrifices, as it is said: "Performing acts of charity and justice is more desirable to Hashem than sacrifices."⁶Proverbs 21:3. The Jewish people will be redeemed only through [the merit of] charity, as it is said: "Zion will be redeemed through justice and its captives through acts of charity."⁷Isaiah 1:27. A person never becomes poor through giving charity, nor will any evil or harm befall him because of his giving charity, as it is said: Through acts of charity, there will be peace."⁸Isaiah 32:17. Whoever is merciful with others will be treated with mercy [from Heaven], as it is said: "He [God] will show you mercy; and have compassion upon you and multiply you."⁹Deuteronomy 13:18. Anyone who is cruel, causes his lineage to be suspect.¹⁰The descendants of Abraham are known for their kindness and generosity. One who does not possess this attitude causes his lineage to be doubtful. The Holy One blessed is He, is near to the cry of the poor, as it is said: "He will hear the cry of the poor."¹¹Job 34:28. Therefore one must beware of their anguished cry, for a covenant was made with them, as it is said: "When he cries out to me I will listen, for I am compassionate."¹²Exodus 22:26. The Jerusalem Talmud says: The door that doesn't open for the poor will open for the doctor. A person should consider, that he continually requests his sustenance from the Holy One blessed is He; and just as he requests that the Holy One blessed is He, listen to his cry and prayer, so should he listen to the cry of the poor. A person should also consider that [fortune] is a wheel that revolves in the world, and in the end he or his children or his children's children might [have to] accept charity. Let no man think: "Why should I diminish my wealth by giving it to the poor?" For he should know that the money is not his, but rather [it was given to him as] a trust, with which to do the will of the One Who entrusted the funds to him. And this [charity giving] will be his real share from all his toils in this world, As it is written:¹³Isaiah 58:8. "Your acts of charity shall preceed you [into the World to Come]. Charity voids evil decrees and prolongs life.

The highest form above which there is none higher, in the level of giving charity, is to support a Jew who is in bad financial circumstances, before he becomes totally impoverished. [Such aid may be rendered] —by giving him an appropriate gift in a dignified manner, or lending him money, or entering into a partnership with him, or helping him find a business venture, or craft, to strengthen his position so that he does not become dependent on people. Concerning this it is said: "Strengthen him"²⁹Leviticus 25:35. which means, support him so that he does not fall.

Of course, the Chief Rabbinate’s policy supports the dairy industry of Medinat Yisrael, thereby facilitating the fulfillment of yishuv Eretz Yisrael. The availability of more jobs in Eretz Yisrael allows more Jews to live there and brings more tax revenue to the Israeli government, which it can then use to fulfill its role of facilitating Jews living securely in Eretz Yisrael. Those who advocate the purchase of chalav yisrael milk in the United States argue, similarly, that this practice economically supports our fellow Jews. The Torah indeed advocates purchasing a product from Jews if possible.²⁵See Rashi to Vayikra 25:14 s.v. V’chi, Teshuvot Rama (10), Ahavat Chessed (1:5:6-7). See Rav Doniel Neustadt’s The Monthly Halachah Discussion (pp. 50-51) for a summary of the parameters of this mitzvah.

The Torah looks upon the institution of slavery with disfavor and permits a Jew to become an indentured servant only when he has no other means of earning a livelihood. Quoting the verse "For unto Me are the children of Israel slaves …" (Lev. 25:55), the Gemara, Baba Meiz'a 10a, declares that Jews are the servants of God and hence are not permitted to become "the servants of servants." Taking the view that any form of involuntary labor is a form of servitude, the Talmud states that a workingman may withdraw from employment "even in the middle of the day." In a gloss upon the citation of this halakhah in Hoshen Mishpat 333:3, Rema quotes definitive authorities who assert that a laborer, or even a teacher or scribe, may not bind himself to an employer for a period greater than three years if the terms of his employment require him to live in the employer's domicile and to accept the employer's board. Permanent employment under such conditions resembles servitude. Service of this type for a period not exceeding three years is sanctioned on the basis of the verse "Within three years, as the years of a hireling …" (Isa. 16:14). The individual accepting such service for a period of three years or less is deemed a "hireling"; if he accepts such employment for a period in excess of three years he has entered into a proscribed form of "slavery." Hatam Sofer, in his collected responsa, Oraḥ Hayyim, no. 206, indicates that according to some authorities it may be permissible to enter into such contracts for a period of time up to six years in length rather than three.⁷See also Ḥavot Ya’ir, no. 140.

Sale of real estate for a limited period of time poses a question of a similar nature. Transfer of real estate for a specified time period subsequent to which it reverts to the original owner is technically a sale. Yet, since the purchaser enjoys the right of ownership for only a limited period of time, the transaction does not contribute to permanence of residence and, in that respect, should be viewed as no different from the granting of a leasehold which, while forbidden by rabbinic edict, involves no breach of the biblical prohibition.⁴⁰Minḥat Ḥinnukh, no. 426, citing Rambam, Hilkhot Mekhirah 23:5, who categorizes sale for a fixed period of time as an act of alienation of property rather than as a lease, expresses doubt with regard to whether or not such sale of land in Ereẓ Yisra’el to a non-Jew is forbidden. Yeshu‘ot Malko, Yoreh De‘ah, no. 55, declares that only a sale which results in the property remaining permanently in the hands of the non-Jewish purchaser is forbidden. A sale in which the property reverts to the seller at a specified time does not constitute bestowal of permanence upon the residence of the non-Jew. It was on the basis of this consideration that a Sephardic authority, Teshuvot Shemen ha-Ma’or, Yoreh De‘ah, no. 4, permitted the sale of land to a non-Jew for the period of shmittah. That opinion was the basis of the lenient ruling of R. Yitzchak Elchanan Spector of Kovno with regard to the shmittah question. See R. Yosef Zevi Halevi, Hora’at Sha‘ah, ch. 31. See also R. Abraham I. Kook, Mishpat Kohen, no. 58. See also Ramban in his commentary on Rambam’s Sefer ha-Miẓvot, lo ta‘aseh, no. 227 and cited in Sefer ha-Ḥinnukh, no. 339, who regards the prohibition “The land shall not be sold in perpetuity” (Lev. 25:23) as banning sale to a non-Jew because the non-Jew will not return the property in the jubilee year. However, Ḥazon Ish, Shevi‘it 24:4 and Hilkhot Avodat Kokhavim 65:4, rules that even sale for a limited period of time is forbidden. Ḥazon Ish, in his rulings in all three cases, consistently maintains that it is sale qua sale which is forbidden; see above notes 38 and 39.

"And in the seventh year shall be a sabbath of solemn rest for the land…. you shall not sow your field, nor prune your vineyard" (Lev. 25:4). The commandment concerning the sabbatical year—shmittah— prescribes that land in Erez Yisra'el be allowed to lie fallow every seventh year. According to rabbinic exegesis, not only is it forbidden to till the soil, it is also forbidden to sell produce which grows of its own accord. "And the sabbath-produce of the land shall be for food for you …" (Lev. 25:6). The Torah grants permission for the produce which grows of its own accord to be used "for food, but not for merchandise" (Bekhorot 12b). The year 5733 was a shmittah year, and quite appropriately the fifteenth annual Torah She-be-'al Peh colloquium held in Jerusalem under the auspices of Mosad ha-Rav Kook was devoted to matters pertaining to the sabbatical year. A number of the papers presented at this gathering, all of which were subsequently published in the Torah She-be-'al Peh annual, dealt with the practice of selling farms and orchards to a non-Jew in order to circumvent the prohibition against tilling the land and the restriction against commercial dealings involving the produce of the sabbatical year.

"And in the seventh year shall be a sabbath of solemn rest for the land…. you shall not sow your field, nor prune your vineyard" (Lev. 25:4). The commandment concerning the sabbatical year—shmittah— prescribes that land in Erez Yisra'el be allowed to lie fallow every seventh year. According to rabbinic exegesis, not only is it forbidden to till the soil, it is also forbidden to sell produce which grows of its own accord. "And the sabbath-produce of the land shall be for food for you …" (Lev. 25:6). The Torah grants permission for the produce which grows of its own accord to be used "for food, but not for merchandise" (Bekhorot 12b). The year 5733 was a shmittah year, and quite appropriately the fifteenth annual Torah She-be-'al Peh colloquium held in Jerusalem under the auspices of Mosad ha-Rav Kook was devoted to matters pertaining to the sabbatical year. A number of the papers presented at this gathering, all of which were subsequently published in the Torah She-be-'al Peh annual, dealt with the practice of selling farms and orchards to a non-Jew in order to circumvent the prohibition against tilling the land and the restriction against commercial dealings involving the produce of the sabbatical year.

The Mishnah, Avodah Zarah 19b, expressly forbids the sale of real estate in Israel to non-Jews. The Gemara explains that this prohibition is derived from the biblical injunction "lo teḥanem," (Deut. 7:2), which, according to rabbinic exegesis, is to be understood as meaning "You shall not grant them permanent encampment (ḥaniyah)." Rambam, Hilkhot Avodah Zarah 10:4, amplifies this statement with the explanation, "For if they will not own land, their inhabitance will be temporary." Ramban, in his commentary on the Bible, Leviticus 25:23, finds that conveyance of land to a non-Jew involves yet another transgression. Scripture provides that all fields revert to their original owners in the jubilee year, and explicitly commands, "and the land shall not be sold in perpetuity." Ramban understands this verse as banning the sale of land to a non-Jew since the latter would retain permanent possession and not return the land to its original owner in the jubilee year. The verse concludes with the explanation "for the land is Mine," indicating that in actuality the land is the possession of God and that it is only by virtue of His largesse that man is permitted to dwell in, and derive enjoyment from, his terrestrial habitat. Accordingly, this passage gives expression to the divine will that Israel be the homeland of the Jewish people and that they not be displaced by foreign land-owners. According to Ramban, the purchase of land in Israel from a non-Jew constitutes a fulfillment of the commandment "You shall give a redemption unto the land" (Lev. 25:24). Rabbi Bakshi-Duran argues that, according to Ramban, there is yet another source militating against the sale of dwellings or fields in Israel to a non-Jew. According to Ramban, the verse "And you shall inherit the land and dwell therein" (Deut. 11:31) is not simply a prophetic prognostication or a divine promise but constitutes a positive commandment. Ramban comments, "We have been commanded to inhabit the land which God gave to our forefathers, Abraham, Isaac, and Jacob, that we not allow it to remain in the possession of any other nation or allow it to be desolate." Rabbi Bakshi-Duran understands the second clause in Ramban's comment as referring not to the establishment of political sovereignty but to actual ownership of territory. Thus any act which results in a non-Jew acquiring title to any portion of the land of Israel constitutes a violation of the commandment concerning settlement of Erez Yisra'el.

The Mishnah, Avodah Zarah 19b, expressly forbids the sale of real estate in Israel to non-Jews. The Gemara explains that this prohibition is derived from the biblical injunction "lo teḥanem," (Deut. 7:2), which, according to rabbinic exegesis, is to be understood as meaning "You shall not grant them permanent encampment (ḥaniyah)." Rambam, Hilkhot Avodah Zarah 10:4, amplifies this statement with the explanation, "For if they will not own land, their inhabitance will be temporary." Ramban, in his commentary on the Bible, Leviticus 25:23, finds that conveyance of land to a non-Jew involves yet another transgression. Scripture provides that all fields revert to their original owners in the jubilee year, and explicitly commands, "and the land shall not be sold in perpetuity." Ramban understands this verse as banning the sale of land to a non-Jew since the latter would retain permanent possession and not return the land to its original owner in the jubilee year. The verse concludes with the explanation "for the land is Mine," indicating that in actuality the land is the possession of God and that it is only by virtue of His largesse that man is permitted to dwell in, and derive enjoyment from, his terrestrial habitat. Accordingly, this passage gives expression to the divine will that Israel be the homeland of the Jewish people and that they not be displaced by foreign land-owners. According to Ramban, the purchase of land in Israel from a non-Jew constitutes a fulfillment of the commandment "You shall give a redemption unto the land" (Lev. 25:24). Rabbi Bakshi-Duran argues that, according to Ramban, there is yet another source militating against the sale of dwellings or fields in Israel to a non-Jew. According to Ramban, the verse "And you shall inherit the land and dwell therein" (Deut. 11:31) is not simply a prophetic prognostication or a divine promise but constitutes a positive commandment. Ramban comments, "We have been commanded to inhabit the land which God gave to our forefathers, Abraham, Isaac, and Jacob, that we not allow it to remain in the possession of any other nation or allow it to be desolate." Rabbi Bakshi-Duran understands the second clause in Ramban's comment as referring not to the establishment of political sovereignty but to actual ownership of territory. Thus any act which results in a non-Jew acquiring title to any portion of the land of Israel constitutes a violation of the commandment concerning settlement of Erez Yisra'el.

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.

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.

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.

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.

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 [with] everything that has the positive commandment, we would [also] transgress the 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 - figs, grapes, olives, peaches, pomegranates, wheat, barley and other things. However this command came only about the vineyard and the olive tree on account of Scripture having come to specifically prohibit gathering of the produce of the vineyard - and that is His saying, "you shall not gather the grapes of your untrimmed vines" (Leviticus 25:5). And just like the vineyard, which the positive commandment rendered ownerless, has surely been prevented with a negative commandment; so too, is the olive tree: Anything that grows in the seventh year - which it is explained that it has been rendered ownerless by the positive commandment - is [also] prevented by the negative commandment. And the law of the olive tree and the law of other produce is the same. Behold it has been made clear to you from all of the above that the release of what grows during the seventh [year] is a positive commandment. And the regulations of this commandment are already explained in Tractate Sheviit. And it too is only practiced and obligatory by Torah law exclusively with the produce of the Land of Israel. (See Parashat Mishpatim; Mishneh Torah, Sabbatical Year and the Jubilee 4.)

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 Parashat Ki Tissa; Mishneh Torah, Sabbatical Year and the Jubilee 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 Parashat Ki Tissa; Mishneh Torah, Sabbatical Year and the Jubilee 1.)

That is that He commanded us to sanctify the fiftieth year - that is to say, to cease working during it. And that is His, may He be exalted, saying, "And you shall sanctify the fiftieth year" (Leviticus 25:10). And in the explanation (Sifra, Behar, Chapter 3:2), they said, "Whatever is stated about the sabbatical year, that is also stated about the Jubilee" - meaning that there is equivalence between them regarding the command, just like Scripture equalized them with the negative commandment, as is explained. And the regulations of the sabbatical year and the Jubilee year are the same regarding the cessation of work and the ownerlessness of that which grows. And both of these things are included in His saying, "And you shall sanctify the fiftieth year." And Scripture has already explained that the matter of its sanctification is that its fruits and its produce be ownerless, by His saying, "For it is the Jubilee; it shall be holy to you" (Leviticus 25:12). But this Jubilee is only practiced in the Land of Israel, and upon condition that each and every tribe dwell in its place - meaning, dwell in its portion in the Land of Israel and not intermingled with each other. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 1.)

That is that He commanded us to blow the shofar on the tenth day of Tishrei of this year to announce the freedom of the slaves, and that every Jewish slave go out to freedom on the tenth day of Tishrei. And that is His, may He be exalted, saying, "Then you shall sound the blowing of the shofar, etc." (Leviticus 25:9); and then He said, "and you shall proclaim freedom" (Leviticus 25:10). And behold that it has been explained that Jubilee and Rosh Hashanah are the same regarding the blows and the blessings; and the regulations of the blowing of the shofar of Rosh Hashanah have already been explained in Tractate Rosh Hashanah. However it is known that the blowing on the Jubilee is to publicize the freeing [of the slaves] and that it is a type of proclamation. And that is His saying, "and you shall proclaim freedom in the land for all of its inhabitants" - in the mentioned land. And its content is not the same as the blowing of Rosh Hashanah. As that is for remembrance before God, and this is to bring out the slaves. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 10.)

That is that He commanded us to return all the lands to their owners in this year, and that they go out from their buyers without [payment]. And that is His, may He be blessed, saying "And in all the land of your possession, you shall grant a redemption for the land" (Leviticus 25:24). And He explained to us that this redemption be in this year; and that is His saying, "In the year of this Jubilee" (Leviticus 25:13). And Scripture has already been exacting about its commandments and explained what the law would be like for the seller and the buyer, if [the seller] wants to redeem his inheritance - that was sold - before the Jubilee year. And it explained further and said that this law is particular to the lands that are outside the city wall; and that the law of the houses built in the fields is exactly [like] the law of the orchards and gardens - since they are not built within the wall. And these are the houses of the villages (chatzerim), about which Scripture said, "it shall be considered as a field of the land" (Leviticus 25:31). And the regulations of this commandment have already been explained in Arakhin. But it too is only practiced in the Land of Israel, and at the time when Jubilee is practiced. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 10.)

That is that He commanded us to return all the lands to their owners in this year, and that they go out from their buyers without [payment]. And that is His, may He be blessed, saying "And in all the land of your possession, you shall grant a redemption for the land" (Leviticus 25:24). And He explained to us that this redemption be in this year; and that is His saying, "In the year of this Jubilee" (Leviticus 25:13). And Scripture has already been exacting about its commandments and explained what the law would be like for the seller and the buyer, if [the seller] wants to redeem his inheritance - that was sold - before the Jubilee year. And it explained further and said that this law is particular to the lands that are outside the city wall; and that the law of the houses built in the fields is exactly [like] the law of the orchards and gardens - since they are not built within the wall. And these are the houses of the villages (chatzerim), about which Scripture said, "it shall be considered as a field of the land" (Leviticus 25:31). And the regulations of this commandment have already been explained in Arakhin. But it too is only practiced in the Land of Israel, and at the time when Jubilee is practiced. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 10.)

That is that He commanded us that there be [the possibility of] redeeming lands sold within the city wall only until the end of a year. And after [that] year, it remains with the buyer and does not go out in the Jubilee. And that is His, may He be exalted and may His name be blessed, saying, "And if a man sells a dwelling house in a walled city" (Leviticus 25:39). And the regulations of this commandment have already been explained in Arakhin. But it is only practiced in the Land [of Israel]. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 12.)

That is that He commanded us to give charity (tzedekah) and to strengthen the weak and to ease [their situation]. And this command has already appeared with varying words: His, may He be exalted, saying, "you must surely open your hand, etc." (Deuteronomy 15:8); and He said, "you must support him" (Leviticus 25:35); and He said, "and your brother shall live with you" (Leviticus 25:36). But the intention of all these expressions is one; and that is that we help them and support them sufficiently for their requirements. And the laws of this commandment have already been explained in many places in Ketubot and Bava Batra. And the received tradition has appeared about this, that even a poor person living off of charity is obligated in this commandment - meaning charity - whether to someone lower than him or similar to him, and even with something small. (See Parashat Re'eh; Mishneh Torah, Gifts to the Poor 6.)

That is that He commanded us to give charity (tzedekah) and to strengthen the weak and to ease [their situation]. And this command has already appeared with varying words: His, may He be exalted, saying, "you must surely open your hand, etc." (Deuteronomy 15:8); and He said, "you must support him" (Leviticus 25:35); and He said, "and your brother shall live with you" (Leviticus 25:36). But the intention of all these expressions is one; and that is that we help them and support them sufficiently for their requirements. And the laws of this commandment have already been explained in many places in Ketubot and Bava Batra. And the received tradition has appeared about this, that even a poor person living off of charity is obligated in this commandment - meaning charity - whether to someone lower than him or similar to him, and even with something small. (See Parashat Re'eh; Mishneh Torah, Gifts to the Poor 6.)

That is that He commanded us to love converts. And that is His saying, "And you shall love the stranger" (Deuteronomy 10:19). And even though he was included regarding this with [all of] Israel, in His saying, "and you shall love your neighbor as yourself (Leviticus 19:18) - since this stranger is a convert (and a full member of Israel) - however because he entered into our Torah, God added love upon love and designated an additional commandment for him. [This is] as He did with the prohibition of, "And you shall not oppress" (Leviticus 25:17); He [also] said, "And you shall not oppress a stranger" (Exodus 22:20). And it is explained from the language of the Gemara (Bava Metzia 59b) that we are liable by oppressing the convert on account of, "And you shall not oppress," and on account of, "And you shall not oppress a stranger." [So] we are also obligated to love him on account of, "and you shall love your neighbor as yourself," and on account of, "And you shall love the stranger." And this is clear - there is no doubt about it. And I do not know a [single] man from whoever counted the commandments that botched this. And in most [books of] Midrash, they explained that God commanded about the convert, just like He commanded us about Himself - He said, "And you shall love the Lord, your God" (Deuteronomy 6:5), and He said, "And you shall love the stranger." (See Parashat Ekev; Mishneh Torah, Human Dispositions 6.)

He prohibited working the land in the Jubilee year. And that is His saying, "you shall not sow" (Leviticus 25:11) - like He said, about the sabbatical year, "you shall not sow your field" (Leviticus 25:4). And just like the sabbatical year is forbidden whether regarding working the land, or whether regarding work on the trees; so [too] is the Jubilee. And that is why He said, "you (plural) shall not sow," about the category that includes land and trees. And one who transgresses this negative commandment is lashed. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 10.)

He prohibited - not to sell our land in the Land of Israel [as a] permanent sale. And that is His saying, "The land shall not be sold in perpetuity" (Leviticus 25:23). And the regulations of this commandment have been explained in Arakhin. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 11.)

He prohibited lending with interest. And that is His, may He be exalted, saying, "Your money you shall not give him on interest, and on increase you shall not give your food" (Leviticus 25:37). However these two negative statements are the same content and came to strengthen [it]; and are in order that one who lends with interest transgress two negative statements - not that they are two matters. For interest is increase, and increase is interest. And in the Gemara, Metzia (Bava Metzia 60b), they said, "You will not find interest without increase; increase without interest. And the verse only separated them to [make one] transgress two negative statements." And there, they said, "From Torah law, interest and increase is one thing." And there, they [also] said, "Now that it is written, 'Your money you shall not give him on interest, and on increase you shall not give your food' (interposing both interest and increase between money and food), read it like this: 'Your money you shall not give him on interest and increase; and on interest and increase you shall not give your food.'" Behold anyone who lends money or fruits with interest has already transgressed two negative statements - along with the other negative statements that also come about [such] a lender - to strengthen [it]. For behold this prohibition was already repeated with a different language with His saying, "Do not take interest and increase from him" (Leviticus 25:36). And it is explained in the Gemara, Metzia (Bava Metzia 61a), that this prohibition is also upon the borrower. But these are all extra negative statements, as we explained in Principle 9 (Sefer HaMitzvot, Shorashim 9:2) - that they are all repeated about the same content, and that is that He is prohibiting the lender from lending with interest. And the regulations of this commandment have already been explained in the fifth [chapter] of [Bava] Metzia. (See Parashat Behar; Mishneh Torah, Creditor and Debtor 4.)

He prohibited being involved with a loan with interest between a borrow and a lender - not to be a guarantor for one of them, not to be a witness for them and not to write a contract about what they agreed upon about the interest. And that is His saying, "you shall not lay upon him interest" (Exodus 22:24). And the language of the Gemara, Metzia (Bava Metzia 75b), is "The guarantor and the witnesses only transgress on account of, 'you shall not lay.'" And there, it is explained that the scribe, the witnesses and the guarantor also transgress. And there, it is also explained that this negative statement, which is 'you shall not lay' - even with its coming about the middlemen, meaning those [tangentially] involved in that matter - also includes the lender. And therefore the lender transgresses six negative statements: The first is, "do not be to him as a creditor" (Exodus 22:24); the second is, "Your money you shall not give him on interest" (Leviticus 25:37); the third is, "and on increase you shall not give your food" (Leviticus 25:37); the fourth is, "Do not take from him" (Leviticus 25:36); the fifth is, "you shall not lay upon him"; and the sixth is, "and you shall not put a stumbling block in front of the blind" (Leviticus 19:14). And there, they said, "These transgress a negative commandment: The lender; the borrower; the guarantor; and the witnesses. And the Sages say, 'Even the scribe.' They transgress, 'you shall not give him'; 'Do not take'; 'do not be to him as a creditor'; 'you shall not lay'; and 'you shall not put in front of the blind.'" And in the Gemara: "Abbaye says, 'The lender transgresses them all; the borrower transgresses, "You shall not charge interest" (Deuteronomy 23:3) and "and you shall not put a stumbling block in front of the blind"; the guarantor and the witnesses only [transgress] on account of "you shall not lay."'" And one who transgresses this negative commandment: If the interest was fixed, we take it away from him and return it to the one from whom it was taken. (See Parashat Mishpatim; Mishneh Torah, Creditor and Debtor 4.)

He prohibited being involved with a loan with interest between a borrow and a lender - not to be a guarantor for one of them, not to be a witness for them and not to write a contract about what they agreed upon about the interest. And that is His saying, "you shall not lay upon him interest" (Exodus 22:24). And the language of the Gemara, Metzia (Bava Metzia 75b), is "The guarantor and the witnesses only transgress on account of, 'you shall not lay.'" And there, it is explained that the scribe, the witnesses and the guarantor also transgress. And there, it is also explained that this negative statement, which is 'you shall not lay' - even with its coming about the middlemen, meaning those [tangentially] involved in that matter - also includes the lender. And therefore the lender transgresses six negative statements: The first is, "do not be to him as a creditor" (Exodus 22:24); the second is, "Your money you shall not give him on interest" (Leviticus 25:37); the third is, "and on increase you shall not give your food" (Leviticus 25:37); the fourth is, "Do not take from him" (Leviticus 25:36); the fifth is, "you shall not lay upon him"; and the sixth is, "and you shall not put a stumbling block in front of the blind" (Leviticus 19:14). And there, they said, "These transgress a negative commandment: The lender; the borrower; the guarantor; and the witnesses. And the Sages say, 'Even the scribe.' They transgress, 'you shall not give him'; 'Do not take'; 'do not be to him as a creditor'; 'you shall not lay'; and 'you shall not put in front of the blind.'" And in the Gemara: "Abbaye says, 'The lender transgresses them all; the borrower transgresses, "You shall not charge interest" (Deuteronomy 23:3) and "and you shall not put a stumbling block in front of the blind"; the guarantor and the witnesses only [transgress] on account of "you shall not lay."'" And one who transgresses this negative commandment: If the interest was fixed, we take it away from him and return it to the one from whom it was taken. (See Parashat Mishpatim; Mishneh Torah, Creditor and Debtor 4.)

He prohibited - to not steal (kidnap) an Israelite person. And that is His saying in the Ten Commandments, "you shall not steal" (Exodus 20:13). And the language of the Mekhilta (Mekhilta d'Rabbi Yishmael 20:13:3) is, "'You shall not steal,' is the prohibition against stealing a soul." And in the Gemara, Sanhedrin (Sanhedrin 86a) they said, "From where [do we know] the prohibition against stealing souls? Rabbi Yoshiya says, 'From, "you shall not steal."' Rabbi Yochanan says, 'From, "They shall not be sold as slaves" (Leviticus 25:42).' And they do not disagree. One enumerates the prohibition against selling, etc." As they do not execute the punishment upon him until he steals (kidnaps) and sells. But once he transgressed these two negative commandments, he is liable for strangulation - as He, may He be exalted, said, "And one who steals a soul and sells him, etc." (Exodus 21:16). And the regulations of this commandment have already been explained in [Chapter] 1 of Sanhedrin. (See Parashat Yitro; Mishneh Torah, Theft 9.)

The following are eight grades of charity work, arranged in a descending scale. The noblest form is to strengthen the hand of an Israelite in need, to give him a gift or a loan, or to join him in partnership, or to find him work, that he may not become a public charge and beggar; and it is with reference to such a mode of charity that the Bible says, "… thou shalt uphold him."¹Leviticus 25:35.

He prohibited some of us from wronging others of us with words. And that is that we say statements to [someone] that anger him or bewilder him, such that he cannot stand up to them, due to his being shamed. Such as [if] you remind him of the actions of his youth, and he has repented from them - but you say to him, "Who brought you from out of thing x to this proper condition?" And it is about this that it is stated, "you shall not wrong" (Leviticus 25:17) - that is wronging of words. And the language of the Sifra (Sifra, Behar, Chapter 4:1-2) is, "'And you shall not wrong, one person his kinsman' - this is wronging of words. If he were a penitent, he should not be told, 'Remember what your former deeds were like, etc.' He should not say, 'how much is this object,' [when he knows he will not purchase it]." And they said (Bava Metzia 58b), "Wronging of words is greater (worse) than financial wrong. For with financial wrong, it is stated, 'you shall not wrong'; whereas with wronging of words, He said, 'and you will fear your God.'" And the regulations of this commandment have already been explained in [Chapter] 1 of [Bava] Metzia. (See Parashat Behar; Mishneh Torah, Sales 11.)

He who shuts his eyes against the ransoming of captives transgresses the negative precepts, "Thou shalt not harden thy heart",²Deut. 15:7. and, "[Thou shalt not] shut thy hand";²Deut. 15:7. also this, "Neither shalt thou stand against the blood of thy neighbor",³Lev. 19:16. and this, "He shall not rule with rigor over him in thy sight";¹Lev. 25:53. and he neglects the positive precepts, "Thou shalt surely open thy hand unto him",²Dent. 15:8. and, "that thy brother may live with thee,"³Lev. 25:36. The Hebrew text permits the rendition “Let thy brother live,” etc. and, "Thou shalt love thy neighbor as thyself"⁴Lev. 19:18. and, "Deliver them that are carried away unto death."⁵Prov. 24:11.

He who shuts his eyes against the ransoming of captives transgresses the negative precepts, "Thou shalt not harden thy heart",²Deut. 15:7. and, "[Thou shalt not] shut thy hand";²Deut. 15:7. also this, "Neither shalt thou stand against the blood of thy neighbor",³Lev. 19:16. and this, "He shall not rule with rigor over him in thy sight";¹Lev. 25:53. and he neglects the positive precepts, "Thou shalt surely open thy hand unto him",²Dent. 15:8. and, "that thy brother may live with thee,"³Lev. 25:36. The Hebrew text permits the rendition “Let thy brother live,” etc. and, "Thou shalt love thy neighbor as thyself"⁴Lev. 19:18. and, "Deliver them that are carried away unto death."⁵Prov. 24:11.

He prohibited us from wronging the convert and causing him damage in buying and selling. And that is His saying, "and you shall not oppress him" (Exodus 22:20). And the language of the Mekhilta (Mekhilta d'Rabbi Yishmael 22:20:1) is,"'You shall not oppress him,' is with money." And it has already been explained in the Gemara, Metzia (Bava Metzia 59b), that one who wrongs the convert transgresses on account of, "you shall not wrong your brother" (Leviticus 25:14), and on account of, "You shall not wrong a convert"; and one who oppresses him, transgresses on account of, "and you shall not oppress him," in addition to the prohibition in which he is included with all of Israel - meaning to say, financial wrong. (See Parashat Behar; Mishneh Torah, Sales 14.)

He prohibited us from working the Hebrew (Jewish) slave with work that involves great affliction and lowliness, like the work of a Canaanite (gentile) slave. And that is His, may He be exalted, saying, "you may not work him like a slave" (Leviticus 25:39). And in the Sifra (Sifra, Behar, Chapter 7:2): "He shall not carry a linta after you, and he shall not carry your things after you to the bath-house." And a linta is a small mat that he sits upon when he is tired, such that the slave takes it and walks upon it behind his master. And likewise is one prohibited from doing anything that is similar to this servitude to a Hebrew slave. Rather he commands him about that which he would command a worker or a craftsman, to do a particular job that he agreed with him about. And that is His, may He be exalted, saying, "Like a worker or resident laborer shall he be with you" (Leviticus 25:40). (See Parashat Behar; Mishneh Torah, Slaves 1.)

And [it] is practiced in every place and at all times by males and females. And one who transgresses it and lies about measures of length, weight, or capacity has transgressed a negative commandment. But we do not administer lashes for it, because it is given to repayment. And (Ramban) [Rambam], may his memory be blessed, wrote (Mishneh Torah, Laws of Theft 7:8) that if one lied in measures even to a gentile that worships idolatry, he has transgressed a negative commandment and he is obligated to return [it]. And likewise is it forbidden to fool gentiles in calculations, as it is stated (Leviticus 25:50), "And calculate with his owner" - even if he is subjugated under your hand; all the more so towards a gentile that is not subjugated under your hand. And behold, it states (Deuteronomy 25:16), "For it is an abomination of God [...] anyone who does perversion" - in any case.

That He prohibited us from working a Hebrew (Jewish) slave with something that we do not need. And that is called oppressive work (avodat perech). And that is His, may He be blessed, saying, "You shall not rule over him oppressively" (Leviticus 25:43). And the language of the Sifra (Sifra, Behar, Section 6:2) is, "'You shall not rule over him oppressively' - that [he] should not tell him, 'Heat up this cup [of water] for me,' but he does not need it," and all that is similar to this. However they brought an example from the easiest of jobs and the simplest of them - that in spite of that, it is not permissible except when it is needed. (See Parashat Behar; Mishneh Torah, Slaves 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."

That we also not do work with the trees: That we also not do work with the trees on the seventh year, as it is stated (Leviticus 25:4), "and your vineyard you shall not prune." And the language of Sifra, Behar, Section 1:6 is "Sowing and pruning" - the understanding [of which is] "you shall not sow and [...] you shall not prune" - "were in the general category," meaning they were in the category of resting. "And why were they singled out? To compare to them: Just as sowing and pruning are distinct in being work on the land and on the trees, etc." - as it is [found] there. The content of this commandment is like the previous commandment. And I wrote a few of its laws also in the Parsha of Eem Kessef Talveh (Sefer HaChinukh 84) - you can see it from there.

That we not harvest the aftergrowth on the seventh year: That we not harvest that which grows on its own from the land on the seventh year, nor the growth that occurs on this year from what was sown in the sixth year - and this is called aftergrowth - as it is stated (Leviticus 25:5), "The aftergrowth of your reaping you shall not harvest." This means to say that we not harvest it in the manner that we harvest our crops in other years (See Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 222). Nevertheless, eating was permitted to us, provided that it is eaten in a way [that shows that it is] ownerless - meaning without preparation, as we will explain in the commandment after this (Sefer HaChinukh 329). As the Torah's only concern in these matters was that a person's actions during this year should indicate that he has no specific property, but that everything is the property of the Master of All - and as we said above.

That we not gather the fruit of the trees in the seventh [year] in the manner that we gather them in every year: That we not gather that which the trees produce on the seventh year in the manner that people gather the fruit of their trees in other years. Instead, we must do so differently to show that it is all as if ownerless in this year. And this is the explanation of, "and the grapes of your vines you shall not reap" (Leviticus 25:5) - meaning, you should not reap in the way of the reapers. As so did the traditional explanation come about it. And [it is as] the Sages explained, (Mishnah Sheviit 8:6) "From here they said that that figs [grown during] the seventh [year] may not be cut off with a fig-cutter, but may be cut with a knife. Grapes [grown during the sabbatical year] may not be stomped in a wine press, but may be stomped in a kneading trough. And olives may not be processed in an olive press or a small olive press, but he may crush and put them in a very small olive press."

The commandment of counting the seven [cycles] of seven years: To count the years - seven years - seven times to the Jubilee year, when we are in the Land of Israel after we have settled it, as it is stated (Leviticus 25:8), "And you shall count for yourself, seven cycles of seven years; seven years seven times." And this commandment - meaning this counting of the the sabbatical years until the Jubilee year - is given over to the great court, meaning to say, the Sanhedrin. And the commandment is such that they would count each year and each cycle of seven years until the Jubilee year, like we count the days of the omer. Afterwards, they would sanctify the fiftieth year with resting the land and proclaiming freedom for all of the slaves and maid-servants. And all the lands return to their [ancestral] owners.

And I have also heard from the mouth of sages that there is a great secret in the matter of the Jubilee and that all the days and years of the world are hinted to in it (see Ramban on Leviticus 25:2 and Ibn Ezra on Leviticus 25:2). Also in the matter of the sevens - that we were commanded to count the years seven at a time, and not eight at a time or nine at a time, or less than [seven] - did they say that there is a great and goodly matter of wisdom about it as well. They have known it, but did not want to give it over to every person. And even though their secret was not revealed to us, we have paid heed to this thing - that the span of sevens is arranged in many of our commandments: Behold, we continue our work six days, and we rest on the seventh; we work the land six years, and we rest on the seventh; after seven cycles of seven years, we also rest a year - and that is the Jubilee that we have come [to write] about [here]; behold the holiday of Pesach is seven days, and likewise the holiday of Sukkot is seven, and after the seven, we celebrate [Shemini] Atseret; likewise, we count seven seven-year cycles from Pesach to [Shavuot], and after the tally of the seven, we celebrate [Shavuot]; likewise the cutting of a covenant (treaty), which is something done for preservation of a matter, is on the basis of seven, as it is written (Genesis 21:30), "Rather take these seven sheep from my hand"; likewise Bilaam, who was a wise man, made seven altars; so too, some of the sages said that the word, oath (shevuah) - which is translated [into Aramaic] as preservation - is derived from the expression, seven (shevah); and so [too,] many that I have not raised now on the tip of my pen. And you, my precious son, should merit and research and see and add to your knowledge and understand the matters. But I have already finished my work here to arouse your spirit about the question.

From the laws of the commandment is that which they, may their memory be blessed, said (Sifra, Behar, Section 1:2) that the obligation of the commandment of this count is only after the conquest and division of the land, as it is stated (Leviticus 25:3), "Six years shall you sow your field and six years shall you prune your vineyard" - until each and every one recognizes his land. And from when the tribe of Reuven and Gad and half [of the] tribe of Menashe were exiled, this commandment became negated, because the Jubilees were negated from that time and onward; as it is sated (Leviticus 25:10), "and you shall proclaim freedom in the land for all of its inhabitants" - only when all of its inhabitants are upon it; and also that they not be mixed up (see Arakhin 32b), but rather sitting in their proper order. And at the time when the Jubilee is practiced in the Land [of Israel], it is [also] practiced outside of the Land; as it is stated (Leviticus 25:11), "It is a Jubilee" - meaning in every place (Kiddushin 38b). And at the time when the Jubilee is practiced, the law of the Hebrew slave is practiced, as well as the law of the houses of a walled city, the law of a consecrated (cherem) field and the field of a holding; and we accept a resident stranger (ger toshav).

From the laws of the commandment is that which they, may their memory be blessed, said (Sifra, Behar, Section 1:2) that the obligation of the commandment of this count is only after the conquest and division of the land, as it is stated (Leviticus 25:3), "Six years shall you sow your field and six years shall you prune your vineyard" - until each and every one recognizes his land. And from when the tribe of Reuven and Gad and half [of the] tribe of Menashe were exiled, this commandment became negated, because the Jubilees were negated from that time and onward; as it is sated (Leviticus 25:10), "and you shall proclaim freedom in the land for all of its inhabitants" - only when all of its inhabitants are upon it; and also that they not be mixed up (see Arakhin 32b), but rather sitting in their proper order. And at the time when the Jubilee is practiced in the Land [of Israel], it is [also] practiced outside of the Land; as it is stated (Leviticus 25:11), "It is a Jubilee" - meaning in every place (Kiddushin 38b). And at the time when the Jubilee is practiced, the law of the Hebrew slave is practiced, as well as the law of the houses of a walled city, the law of a consecrated (cherem) field and the field of a holding; and we accept a resident stranger (ger toshav).

From the laws of the commandment is that which they, may their memory be blessed, said (Sifra, Behar, Section 1:2) that the obligation of the commandment of this count is only after the conquest and division of the land, as it is stated (Leviticus 25:3), "Six years shall you sow your field and six years shall you prune your vineyard" - until each and every one recognizes his land. And from when the tribe of Reuven and Gad and half [of the] tribe of Menashe were exiled, this commandment became negated, because the Jubilees were negated from that time and onward; as it is sated (Leviticus 25:10), "and you shall proclaim freedom in the land for all of its inhabitants" - only when all of its inhabitants are upon it; and also that they not be mixed up (see Arakhin 32b), but rather sitting in their proper order. And at the time when the Jubilee is practiced in the Land [of Israel], it is [also] practiced outside of the Land; as it is stated (Leviticus 25:11), "It is a Jubilee" - meaning in every place (Kiddushin 38b). And at the time when the Jubilee is practiced, the law of the Hebrew slave is practiced, as well as the law of the houses of a walled city, the law of a consecrated (cherem) field and the field of a holding; and we accept a resident stranger (ger toshav).

The commandment of blowing the shofar on Yom Yippur of the Jubilee: To blow the shofar on the tenth of Tishrei - which is Yom Kippur - as it is stated (Leviticus 25:9-10), "And you shall proclaim a shofar blow, etc. on Yom Kippur, you shall proclaim the shofar in all of your land, etc. and you shall proclaim freedom, etc." And it is known that the commandment of the blowing of the shofar on this day is to publicize the freedom of every Israelite slave to go out as a free man without money (see Rosh Hashanah 8b). And its substance is not like the substance of the blowing of the shofar on Rosh Hashanah, as that blowing we do to fix our thoughts on the matter of the binding of Yitschak and to depict in our souls to also do like him from the love of God, may He be blessed. And from that, our memory will go up well in front of God - meaning, that we be meriting (cleared in judgement) in front of Him. Whereas this blowing of the Jubilee is to publicize the freedom, as we have said (see Sefer HaMitzvot, Mitzvot Ase 137).

The commandment of the sanctification of the Jubilee year: To sanctify the fiftieth year, like the sabbatical year - meaning to say with the stoppage of work on the land and the rendering ownerless of that which grows on it - as it is stated (Leviticus 25:10), "And you shall sanctify the fiftieth year." And the verse explained that the matter of the sanctity is that its fruit and its produce be ownerless, and that the slaves go out from under the hand of their master. As Scripture states after that, "and you shall proclaim freedom in the land for all of its inhabitants" - meaning freedom for slaves - "Since it is the Jubilee, it shall be holy to you; from the field shall you eat its produce" (Leviticus 25:12) - meaning that the produce will be ownerless, and not that each and every one gather it into his domain.

The commandment of the sanctification of the Jubilee year: To sanctify the fiftieth year, like the sabbatical year - meaning to say with the stoppage of work on the land and the rendering ownerless of that which grows on it - as it is stated (Leviticus 25:10), "And you shall sanctify the fiftieth year." And the verse explained that the matter of the sanctity is that its fruit and its produce be ownerless, and that the slaves go out from under the hand of their master. As Scripture states after that, "and you shall proclaim freedom in the land for all of its inhabitants" - meaning freedom for slaves - "Since it is the Jubilee, it shall be holy to you; from the field shall you eat its produce" (Leviticus 25:12) - meaning that the produce will be ownerless, and not that each and every one gather it into his domain.

That we not work the land on the Jubilee year: That we not work the land on the Jubilee year, in the same way that we were prevented from its work on the sabbatical year. As it is stated about the Jubilee (Leviticus 25:11), "you shall not sow," [just] like it is stated about the sabbatical (Leviticus 25:4), "your field shall you not sow." And [just] like the sabbatical year is forbidden whether regarding the working of the land or whether regarding the working of the trees, so is [it with] the Jubilee. And therefore, "you shall not sow," is a category that includes land and tree.

That we not work the land on the Jubilee year: That we not work the land on the Jubilee year, in the same way that we were prevented from its work on the sabbatical year. As it is stated about the Jubilee (Leviticus 25:11), "you shall not sow," [just] like it is stated about the sabbatical (Leviticus 25:4), "your field shall you not sow." And [just] like the sabbatical year is forbidden whether regarding the working of the land or whether regarding the working of the trees, so is [it with] the Jubilee. And therefore, "you shall not sow," is a category that includes land and tree.

To not harvest the aftergrowth of the produce of the Jubilee year: That we not harvest and collect the aftergrowth of the produce of the Jubilee year in the way that a person reaps [it] in other years - rather we should perform an alteration in the things - as it is stated (Leviticus 25:11), "and you shall not harvest, etc." And the whole content is like we explained nearby with the aftergrowth of the seventh [year] (Sefer HaChinukh 328).

To not gather the fruits of the trees on the Jubilee year in the manner that we gather them in other years: That we not gather the fruits of the trees on the Jubilee year in the manner that we gather them in other years, as it is stated (Leviticus 25:11), "and you shall not reap its vines" - and that is a general warning for all fruits of the tree. And Scripture gave for the Jubilee a warning about the fruits of the tree on its own and a warning about the produce on its own - as with the seventh [year], and as we wrote above (Sefer HaChinukh 333). And the law about about both of them - meaning about the sabbatical year and the Jubilee and about these negative commandments - is one. And according to what appears, it all arises from one root - and [so] there is no need to write at length about all of them. And I have already written (Sefer HaChinukh 330) that all of this is only practiced in the Land, and with the condition that all of its inhabitants be upon it, and that each and every tribe reside in its place.

From the laws of the commandment is that which they, may their memory be blessed, said (Kiddushin 26a-28b) that the laws of buying and selling are different according to what is being bought and sold: Land and slaves are acquired with money, a contract or possession; and there are many details with each of these - how is it with money, how is it with the contract and so [too,] with possession - as it appears in the first chapter of Kiddushin. Movable items are acquired in other ways - some are acquired by lifting (see Bava Batra 76b) and that is the greatest [form] of acquisition, and it is sufficient for all movable items. And some are acquired through an acquisition [that is of a] lower level than this, and that is dragging; and some are acquired though a [still] lower level, and this is handing over. And they, may their memory be blessed, brought a proof (Bava Metzia 47b) that movable items require these [ways of] acquisition and that they cannot be acquired like lands, from that which it is written (Leviticus 25:14), "or purchased from the hand of your fellow." And they, may their memory be blessed, explained from the angle of the tradition in explanation of "or purchased from the hand" [as] meaning to say, something that is acquired from one hand to [another]. And likewise did they bring proof from other verses about the acquisition of lands with money, with a contract and with possession, as it appears in Kiddushin.

To not mistreat in buying and selling: To not mistreat one of Israel - whether male or female - in buying and selling, as it is stated (Leviticus 25:14), "And if you sell a sale to your countryman or buy from the hand of your countryman, a man should not mistreat his brother." And they, may their memory be blessed, said in Sifra, Behar, Section 3:4, "'A man should not mistreat his brother' - that is mistreatment [with] money." And in the Gemara (Bava Metzia 56b), they, may their memory be blessed, said "'From the hand of your countryman' - something that is acquired from a hand to a hand" - that is to say, movable items. And the intention of the midrash is not that the verse does not warn likewise about lands. Rather the matter is to say that the laws of mistreatment - such as the distinctions that they, may their memory be blessed, said (Bava Metzia 50b) that it is returned if there is [overcharging that is] more than a sixth [above the market price], and its laws for less than a sixth and for a sixth - are not practiced with lands, but only with movable items. And they expounded further about this verse (Sifra, Behar, Section 3:1), "If you have come to purchase, purchase from an Israelite, as it is stated, 'or buy from the hand of your countryman.'" And perhaps that which they were exacting here that the laws of mistreatment are only with movable items is because the verse changed [its] expression - as it stated, "And if you sell a sale," which implies any sale, whether land or movable items; and afterwards it designated the warning for movable items, as it stated, "or buy from the hand," which implies specifically movable items that are acquired from a hand to a hand. They learned from this to say that there is a novel law with movable items which is not with land - and that is the return of money with it in certain cases.

And these laws that we wrote are only said about one who purchased from a trader. But [regarding] one who buys from a homeowner, there is no [overcharging] in it and no nullification of the sale within the set time that we said nor afterwards. As these things were only said with traders for the improvement of the world and the settlements of the states. But homeowners only sell expensively - and in their knowing the matter that it is like this, people always forgive the matter with a homeowner. And these are the things (Bava Metzia 56a) that do not have the laws of [overcharging] for anyone, and even if they were sold for twice their worth - and even though there is a prohibition of [overcharging] about them, according to the opinion of Ramban, may his memory be blessed: lands; slaves - since they were compared to lands, as is learned in the Gemara (Bava Metzia 56b), from that which it is written (Leviticus 25:46), "And you shall inherit them"; deeds; and consecrated properties. And [it is] as they, may their memory be blessed, said, "'And if you sell, etc. or buy from the hand' - something that is acquired from a hand to a hand; [so] lands are excluded, as they are not movable items. Slaves are excluded, as they are compared to lands. Deeds are excluded, as Scripture stated, 'a sale' - that which it, itself, is sold; [so] deeds are excluded, as they are not sold themselves and they are not acquired themselves, but only for the proof in them. From here they said, one who sells his deeds to a perfumer has [the possibility of overcharging]." And the reason is because they do not sell it to him for the proof in them, but rather to use the paper. And it wonders about this in the Gemara, "What do we understand from it?" - meaning, isn’t this obvious; is paper worse than any other thing? And it answers, "To exclude from that of Rav Kahana, as he says, 'There is no [overcharging] for perutot (the smallest coins) [and things of similar value].'" Consecrated property is excluded from the law of overcharging, from that which it is written, "your countryman."

To not mistreat any Israelite with words: To not mistreat any Israelite with words, meaning to say that one not say to an Israelite words that hurt him or cause him pain and he doesn't have the strength to be helped by them. And in explanation, they, may their memory be blessed, said (Baba Metzia 58b), "How is it? If he was a penitent, he should not say to him, 'Remember your previous deeds.' If ailments are coming upon him, he should not say to him in the way that Job's friends spoke (Job 4:6), 'Is not your reverence, your confidence, etc.' If one saw donkey drivers seeking [feed], he should not say, 'Go to x,' when he knows that he does not have any. And do not to say to a trader, 'How much is this item?,' when he does not wish to buy it." And about this it is stated (Leviticus 25:17), "A person should not mistreat his countryman."

From the laws of the commandment are many warnings and many prods with which they, may their memory be blessed, warned us about this matter that we not hurt the creatures in anything nor embarrass them. And they expanded on the thing until they said (Baba Metzia 58b) that one should not place his eyes on a [possible] purchase at a time when he has no money. And it is fitting to be careful that no insult of people be heard even from a hint of his words. As the Torah was very concerned about mistreatment in words, since it is something very difficult for the heart of the creatures. And many people are more concerned about it than about money - and as they, may their memory be blessed said (Baba Metzia 58b), "Mistreatment of words is greater than mistreatment of money; as with mistreatment of words, it states (Leviticus 25:17), 'and you shall fear your God, etc.'" And it would not be possible to write all of the things that [bring] pain to people individually. But everyone needs to be careful according to what he sees - as God, blessed be He, knows all of his steps and all of his hints; 'since man looks to the eyes, but He looks to the heart.' And how many stories did they, may their memory be blessed, write in midrashim to teach us ethics about this! And the essence of the matter is in the fourth chapter of [Bava] Metzia.

That we not sell a field in the Land of Israel in perpetuity: That we not sell a field in the Land of Israel in perpetuity, as it is stated (Leviticus 25:23), "But the land shall not be sold in perpetuity." That is, the buyer and seller should not stipulate between them that their sale be in perpetuity - and even though the Jubilee will void [it] against their will; as it is impossible for them to stipulate about this, since it is against the commandments of the Torah - nonetheless, if they did it, they have violated this negative commandment. That is the opinion of Rambam, may his memory be blessed (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 11:1). But Ramban, may his memory be blessed, wrote (Ramban on Leviticus 25:23, and on Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 227) that the words of the Master about this are like the matter that is mentioned in the first [chapter] of Temurah 4b, where Rava, differing with Abbaye said, "As anything that the [Torah] said not to do - if he did it, it is ineffective and he is lashed, as he has violated an edict of the King." But he, may his memory be blessed, explained it in a different manner; that it warns (prohibits) us to not put the Land in the hand of the gentiles in perpetuity - meaning that we not sell it to them in perpetuity. He explained the verse like this: You shall not sell [it] to one who will hold it forever, and that is a gentile. But an Israelite will return it. And if he stipulated with the gentile to return it, it is permitted to sell it to him.

And also from the laws of the commandment is that which they, may their memory be blessed, said (Arakhin 30a) that one who sells a field of holding and he had other lands - that is, land that he purchased or [others] gave to him as a gift - and [then] he sells those fields to redeem his field of holding that he sold, he is not heeded. As it is written in the section of the field of holding (Leviticus 25:26), "but he finds enough to redeem" - and the explanation comes about it, that it is until he finds something that was not available to him at the time of the sale. And so [too,] if he borrowed and wished to redeem with that loan, he is not heeded - as it is stated, "and his hand reached," and not that he borrowed.

And regarding the difference of houses from fields, we have already written their law later in its place (Sefer Hachinukh 340) - that the law of the houses of open (unwalled) towns is like the field of holding - meaning, that they [can also be redeemed] against the buyer's will; as it is written (Leviticus 25:31), "it may be redeemed." And their power is greater than the fields, in that they can be redeemed even within the [first] year, like the law of houses of walled cities. And the law of houses of walled cities is also explained in Scripture, and I have already written it later as well.

And from the content of the commandment is that which they, may their memory be blessed, also said (Bava Metzia 108a) that if one purchased a field of holding and planted trees on it and thereby enhanced [the field]; when it returns, we evaluate the enhancement that is in it for the buyer. As it is stated (Leviticus 25:33), "the sale of the house shall go out," - and the traditional received explanation comes about it [that] the house goes back, but the enhancement does not go back. And that which they, may their memory be blessed, also said (Arakhin 29b) that if one sells his field - whether it is a field of holding or another field - he is not permitted to redeem it in less than two years, even with the permission of the buyer. As Scripture commands that the sale stay intact for two years regardless, from that which it is written (Leviticus 25:15), "for the number of years of harvests shall he sell it to you" - that is the warning to the seller; the warning to the buyer is from that which it is written, "In the number of years shall you buy"; and the minimum of [what can be referred to as] "years" is two. It seems that the matter is so that no one will sell his land without difficulty, and he should not think that he will return and buy it from the hand of the buyer tomorrow. Rather he should know that he will not be able to eat from its produce in any way for two full years from the time of the sale. And they, may their memory be blessed, also said (Arakhin 29b) that the buyer must consume two harvests during those two years, as it is stated, "years of harvests." Therefore, if one of these two years is a year of blight or plant-disease, or a [sabbatical year], it does not count in the tally. [But they, may their memory be blessed, said that a fallow year is counted.] If he sold it in the Jubilee year itself, the sale is not a sale, and the money is returned to its owner. If he sold just the trees, they may [also] not be redeemed in less than two years. But if they are not redeemed during the Jubilee [cycle], they do not return in the Jubilee - as it is stated (Leviticus 27:25), "and return to his holding," but not to the trees. If he sold it to the first one and the first one [sold it] to the second one and the second one to the third one - and even if there were one hundred or more [buyers] - the field returns to the [original] owner at the Jubilee, as it is stated (Leviticus 27:24), "to he who has a holding of the land." And the rest of its details are at the end of Arakhin (see Mishneh Torah, Laws of Sabbatical Year and the Jubilee 10).

And from the content of the commandment is that which they, may their memory be blessed, also said (Bava Metzia 108a) that if one purchased a field of holding and planted trees on it and thereby enhanced [the field]; when it returns, we evaluate the enhancement that is in it for the buyer. As it is stated (Leviticus 25:33), "the sale of the house shall go out," - and the traditional received explanation comes about it [that] the house goes back, but the enhancement does not go back. And that which they, may their memory be blessed, also said (Arakhin 29b) that if one sells his field - whether it is a field of holding or another field - he is not permitted to redeem it in less than two years, even with the permission of the buyer. As Scripture commands that the sale stay intact for two years regardless, from that which it is written (Leviticus 25:15), "for the number of years of harvests shall he sell it to you" - that is the warning to the seller; the warning to the buyer is from that which it is written, "In the number of years shall you buy"; and the minimum of [what can be referred to as] "years" is two. It seems that the matter is so that no one will sell his land without difficulty, and he should not think that he will return and buy it from the hand of the buyer tomorrow. Rather he should know that he will not be able to eat from its produce in any way for two full years from the time of the sale. And they, may their memory be blessed, also said (Arakhin 29b) that the buyer must consume two harvests during those two years, as it is stated, "years of harvests." Therefore, if one of these two years is a year of blight or plant-disease, or a [sabbatical year], it does not count in the tally. [But they, may their memory be blessed, said that a fallow year is counted.] If he sold it in the Jubilee year itself, the sale is not a sale, and the money is returned to its owner. If he sold just the trees, they may [also] not be redeemed in less than two years. But if they are not redeemed during the Jubilee [cycle], they do not return in the Jubilee - as it is stated (Leviticus 27:25), "and return to his holding," but not to the trees. If he sold it to the first one and the first one [sold it] to the second one and the second one to the third one - and even if there were one hundred or more [buyers] - the field returns to the [original] owner at the Jubilee, as it is stated (Leviticus 27:24), "to he who has a holding of the land." And the rest of its details are at the end of Arakhin (see Mishneh Torah, Laws of Sabbatical Year and the Jubilee 10).

The commandment of returning land to its owners on the Jubilee: To return all the lands - whether a house, or a field, or a vineyard or orchards - to their owners without money and without a price on the Jubilee year, as it is stated (Leviticus 25:24), "And in all the land of your holding, you shall give redemption to the land." [This is] to say in all the Land of Israel, which is your holding, you shall give redemption to the land. And Scripture elucidated the matter of redemption - which is return of the land to its owner; and as it is written (Leviticus 25:13), "In this jubilee year, each man shall return to his holding."

The commandment of returning land to its owners on the Jubilee: To return all the lands - whether a house, or a field, or a vineyard or orchards - to their owners without money and without a price on the Jubilee year, as it is stated (Leviticus 25:24), "And in all the land of your holding, you shall give redemption to the land." [This is] to say in all the Land of Israel, which is your holding, you shall give redemption to the land. And Scripture elucidated the matter of redemption - which is return of the land to its owner; and as it is written (Leviticus 25:13), "In this jubilee year, each man shall return to his holding."

And that which our Rabbis, may their memory be blessed, also said (Arakhin 31b) that if the [last] day of the twelfth month arrives and [the original owner] does not find the buyer [to redeem it from him, behold he places his money in the court, breaks the door of the house and enters; and when the buyer comes,] he comes and takes his money. And that which they said (Arakhin 31b) that one who sells a house in the walled cities and the Jubilee arrives in the midst of the year of the sale, it does not go back immediately with the [start of the] Jubilee, but its law is like in other years in the years of the Jubilee [cycle] - that it is finalized with the [end of the] year if the seller does not want to redeem it. And that which they said (Arakhin 33a) [regarding] the seller of a house in the open cities - that if he wants, he can redeem [it] immediately like the law of a house from the houses of walled cities; and if does not want to redeem [it] immediately, he can redeem it even after a year like the law of fields. As they have the better power of [both] the fields, and the houses of the walled cities. And that which they said (Arakhin 32a) that the law of everything that is inside the wall, such as gardens, bathhouses, and birdhouses, is like the law of houses - as from that it is written (Leviticus 25:30), "that is in the city," it includes it all. But if there were fields inside the city, their law is like fields outside of the city, as it is stated, "the house will be established" - meaning to say, the house and all that is similar to a house, such as bathhouses, and birdhouses and even orchards, but not fields. And a house that does not have four ells by four ells is not called a house; and therefore, it is not finalized. And a house is not finalized in Jerusalem. And a city that its roofs are its walls does not have the status of of one surrounded by a wall, but rather we require that it has a wall besides its roofs. And we also require that it was first surrounded and settled afterwards, but if it was settled [first] and surrounded afterwards, that is not a walled city. And we only rely upon a wall that surrounded [a city] from the time that Yehoshua conquered the Land. And once they were exiled in the first destruction [of the Temple], the holiness of a walled city was nullified. But when Ezra came in the second coming [to the Land of Israel], all of the cities surrounded by walls at that time were sanctified; since their coming in the the time of Ezra which was the second coming, was like their coming in the time of Yehoshua: Just like their coming in the time of Yehoshua [provided that] they counted the sabbatical years and Jubilees, the walled cities were sanctified and they become obligated in the tithe; so too at the time of Ezra was it so. And so too, when the messiah will come with the third coming, we will begin to count the sabbatical years and Jubilees, the houses of walled cities that will be surrounded at that time will be sanctified and every place that will be conquered will be obligated in tithes. As it is stated (Deuteronomy 30:5), "And the Lord, your God, will bring you, etc." - and they said (Arakhin 32b), "It compares your inheriting to the inheriting of your ancestors, etc." And the rest of its details are elucidated in Tractate Arakhin (see Mishneh Torah, Laws of Sabbatical Year and the Jubilee 12).

The law of redemption of houses of walled cities until the completion of a year: That there be redemption of properties that are within a city surrounded by a wall until the completion of one year. And after the year, it will be in the possession of the one that buys them. And they do not go back in the Jubilee, as it is stated (Leviticus 25:29, "And if a man sells a dwelling house in a walled city, etc." I have already written above (Sefer HaChinukh 340) that the matter of the [sale of the] house of a walled city being finalized after a year is from the angle of love of the Land, in order that one who sells it makes efforts to redeem it quickly.

To not change the open areas of the Levites: Not to change the open areas of the cities of the Levites and their fields - meaning to say, that a city may not be made into an open area, nor an open area into a city, a field into an open area, nor an open area into a field. And the law is the same about an open area (another textual variant: field) into a city and a city into an open area (another textual variant: field) - that one may not change anything about their content. And this matter is well-known, as the Torah commanded (Numbers 35:2-7) that the other tribes cede certain cities to the tribe of Levi; and these are forty-eight cities, with the six cities of refuge that were among them. And it also commanded that there be in these cities a thousand ells of open area - meaning a place open for space and beauty for the city; and two thousand ells beyond that for the sake of fields and vineyards, and this is also of the beauty of the city and from that which it needs, as it is explained in Sotah 27b. And this prevention comes about this, that these matters never be changed. And concerning this it states (Leviticus 25:34), "And the fields of open areas of their cities shall not be sold" - meaning, shall not be changed. As it is not speaking about actual selling, since it is explicitly written in Scripture (Leviticus 25:32), "a perpetual redemption shall there be for the Levites" - which implies that they are permitted to sell them.

To not change the open areas of the Levites: Not to change the open areas of the cities of the Levites and their fields - meaning to say, that a city may not be made into an open area, nor an open area into a city, a field into an open area, nor an open area into a field. And the law is the same about an open area (another textual variant: field) into a city and a city into an open area (another textual variant: field) - that one may not change anything about their content. And this matter is well-known, as the Torah commanded (Numbers 35:2-7) that the other tribes cede certain cities to the tribe of Levi; and these are forty-eight cities, with the six cities of refuge that were among them. And it also commanded that there be in these cities a thousand ells of open area - meaning a place open for space and beauty for the city; and two thousand ells beyond that for the sake of fields and vineyards, and this is also of the beauty of the city and from that which it needs, as it is explained in Sotah 27b. And this prevention comes about this, that these matters never be changed. And concerning this it states (Leviticus 25:34), "And the fields of open areas of their cities shall not be sold" - meaning, shall not be changed. As it is not speaking about actual selling, since it is explicitly written in Scripture (Leviticus 25:32), "a perpetual redemption shall there be for the Levites" - which implies that they are permitted to sell them.

From the laws of the commandment is that which, they, may their memory be blessed, said (Makkot 12a) [that] beyond these three thousand ells that we said above that is of open space, fields and vineyards, we give to each city a cemetery, as it is stated (Numbers 35:3), "and their open spaces shall be for their beasts and their property and all their animals (chayatam)" - and the explanation came about this, that it was was given for the living (chayim), and not for burial. And that which they also said (Arakhin 33b) [about] priests or Levites that sold one of their fields or a house even in a walled city, [it can] always be redeemed, even from the hand of what is consecrated, as it is stated (Leviticus 25:33), "a perpetual redemption shall there be for the Levites." And [in the case of] an Israelite who inherits [property] from his mother's father who was a Levite, behold he may redeem like the Levites. And the rest of its details are elucidated at the end of Arakhin.

To not lend with interest to an Israelite: To not lend with interest to an Israelite, as it is written (Leviticus 25:37), "You shall not give your money with interest, nor should you give your sustenance with increase." And these are not two prohibitions - as increase is interest, and interest is increase; and as they, may their memory be blessed, said in [Bava] Metzia, "You will not find interest without increase or increase without interest. So why did the verse divide them?" [That is] meaning to say, why did it divide them and not write, "Give neither your money nor your food with interest." "To cause the transgression of two prohibitions" - meaning to say, to give multiple warnings about it (Bava Metzia 61a). And this matter is what I have said above (Sefer HaChinukh 336), that the Torah will occasionally repeat warnings about that which it wanted to distance us from greatly. And it is possible for us to say about this, similar to what they, may their memory be blessed, said about other matters, "The Torah speaks like the language of man" (Berakhot 31b). And likewise, the Torah is constantly warning about that which requires our vigilance in the way that people will repeat their conditions and speak much when they warn one another about a weighty matter - so that the [listener] be aware and vigilant about it in all circumstances. And even though it is fitting that a person should be most careful about the word of God - even if he heard the word through the slightest hint - this is all from His great kindnesses upon His creatures, that in a few places He repeated warnings for them many times - like a parent disciplines his child. And we should therefore thank Him for all the goodness that He, blessed be He, bestowed upon us.

That we not make a Hebrew slave perform demeaning work, like the work of a Canaanite (gentile) slave: That we not make a Hebrew slave perform work that is very demeaning and humiliating, which is the way to make a Canaanite slave work - as it is written (Leviticus 25:29), "do not have him work with the work of a slave." And they, may their memory be blessed, said in Sifra, Behar, Chapter 7:2 in explanation of this matter, "He should not carry your cushion" (see Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 257) - which is a small cloth that people make to sit upon in every place if they tire - and it is the way of a demeaned slave to take this [item] and carry it behind his master. And they said likewise (Sifra, Behar, Chapter 7:2), "Nor should he carry his vessels in front of him into the bathhouse." And they, may their memory be blessed, elucidated these types of work, and the law is the same for anything that is similar to them. It comes out that a person should be mindful of which type of work he orders his Hebrew slave to perform. And this is part of the principle which they, may their memory be blessed, said (Kiddushin 22a), "Anyone who acquires a Hebrew slave is like he has acquired a master for himself." Nonetheless, from that which the verse states (Leviticus 25:40), "Like a laborer, like a boarder shall he be with you," it should be learned that a man may command him to do anything that it is the way of people to command a laborer or a boarder. And truthfully, a laborer - who is a free man - is usually not employed for degrading work; and likewise a boarder - who is a man who comes to live in a different land. And the way of boarders is is to do the work of the homeowner with whom they are living, from their [own] will - therefore [a householder] will not do very demeaning work with him. And hence Scripture sated, "Like a laborer, like a boarder shall he be with you," because these two men - even though they do work - their work is not usually demeaning work. Still, the slave must behave according to the way of a slave and honor his master with all of his might, and not become haughty with all that we have said.

That we not make a Hebrew slave perform demeaning work, like the work of a Canaanite (gentile) slave: That we not make a Hebrew slave perform work that is very demeaning and humiliating, which is the way to make a Canaanite slave work - as it is written (Leviticus 25:29), "do not have him work with the work of a slave." And they, may their memory be blessed, said in Sifra, Behar, Chapter 7:2 in explanation of this matter, "He should not carry your cushion" (see Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 257) - which is a small cloth that people make to sit upon in every place if they tire - and it is the way of a demeaned slave to take this [item] and carry it behind his master. And they said likewise (Sifra, Behar, Chapter 7:2), "Nor should he carry his vessels in front of him into the bathhouse." And they, may their memory be blessed, elucidated these types of work, and the law is the same for anything that is similar to them. It comes out that a person should be mindful of which type of work he orders his Hebrew slave to perform. And this is part of the principle which they, may their memory be blessed, said (Kiddushin 22a), "Anyone who acquires a Hebrew slave is like he has acquired a master for himself." Nonetheless, from that which the verse states (Leviticus 25:40), "Like a laborer, like a boarder shall he be with you," it should be learned that a man may command him to do anything that it is the way of people to command a laborer or a boarder. And truthfully, a laborer - who is a free man - is usually not employed for degrading work; and likewise a boarder - who is a man who comes to live in a different land. And the way of boarders is is to do the work of the homeowner with whom they are living, from their [own] will - therefore [a householder] will not do very demeaning work with him. And hence Scripture sated, "Like a laborer, like a boarder shall he be with you," because these two men - even though they do work - their work is not usually demeaning work. Still, the slave must behave according to the way of a slave and honor his master with all of his might, and not become haughty with all that we have said.

That we not make a Hebrew slave perform demeaning work, like the work of a Canaanite (gentile) slave: That we not make a Hebrew slave perform work that is very demeaning and humiliating, which is the way to make a Canaanite slave work - as it is written (Leviticus 25:29), "do not have him work with the work of a slave." And they, may their memory be blessed, said in Sifra, Behar, Chapter 7:2 in explanation of this matter, "He should not carry your cushion" (see Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 257) - which is a small cloth that people make to sit upon in every place if they tire - and it is the way of a demeaned slave to take this [item] and carry it behind his master. And they said likewise (Sifra, Behar, Chapter 7:2), "Nor should he carry his vessels in front of him into the bathhouse." And they, may their memory be blessed, elucidated these types of work, and the law is the same for anything that is similar to them. It comes out that a person should be mindful of which type of work he orders his Hebrew slave to perform. And this is part of the principle which they, may their memory be blessed, said (Kiddushin 22a), "Anyone who acquires a Hebrew slave is like he has acquired a master for himself." Nonetheless, from that which the verse states (Leviticus 25:40), "Like a laborer, like a boarder shall he be with you," it should be learned that a man may command him to do anything that it is the way of people to command a laborer or a boarder. And truthfully, a laborer - who is a free man - is usually not employed for degrading work; and likewise a boarder - who is a man who comes to live in a different land. And the way of boarders is is to do the work of the homeowner with whom they are living, from their [own] will - therefore [a householder] will not do very demeaning work with him. And hence Scripture sated, "Like a laborer, like a boarder shall he be with you," because these two men - even though they do work - their work is not usually demeaning work. Still, the slave must behave according to the way of a slave and honor his master with all of his might, and not become haughty with all that we have said.

The laws of the commandment: That which they, may their memory be blessed, were exacting about in the first chapter of Kiddushin 22b from that which the verse stated (Deuteronomy 15:16), "for it is good for him with you" - "'With you' regarding food, 'with you' regarding drink; that you should not eat refined bread and he eat coarse bread, nor should you drink aged wine and he drink unaged wine, nor should you sleep on pillows and he sleep on straw." They, may their memory be blessed, likewise said (Sifra, Behar, Chapter 7:3) that the master should not live in the town and the slave in the village, as it is stated (Leviticus 25:41), "And he shall leave from with you." And the rest of its details are in the Sifra and in Kiddushin (See Tur, Yoreh Deah 267).

That we not sell a Hebrew slave upon the auctioning stone: - That we not sell a Hebrew slave in the way that we sell Canaanite (gentile) slaves, by announcement upon the auctioning stone, but rather discreetly and in an honorable fashion. And so did they say (Sifra, Behar, Section 6:1), "'They shall not be sold with the sale of a slave' (Leviticus 25:42) - that they not be sold in a market-stand and be placed up on the auctioning stone."

To not make a Hebrew slave perform oppressive work: To not make a Hebrew slave do oppressive work, as it is stated (Leviticus 25:43), "do not subjugate him with oppressive work." And what is oppressive work? They, may their memory be blessed, explained (Sifra, Behar, Section 6:2) that it is work that does not have a limit, and so [too,] work that a person does not need but he does it so that the slave not be idle - and like they, may their memory be blessed said, "A man should not say to him, 'Hoe underneath the vines until I come,' as behold he has not given him a limit; but rather he should say to him, 'Hoe until x hour,' or 'until place y.' And they also said in Sifra that he should not say to him, "Heat this cup for me," when he does not need it; and all that is similar to it. But they, may their memory be blessed, brought an example of the lightest type of work and the quickest to do - and all the more so [is it the case with] other ones. And the principle is that we only make him do work that we have a need for that work that we commanded him. The details of the commandment are short, and behold I have written a few of them.

The commandment of work with a Canaanite slave forever: That we have a Canaanite slave work forever, meaning that we should never manumit him; and he should only go free for [suffering the loss of] a tooth or limb, as it appears in Scripture (Exodus 21:26-27) - or from the main limbs that are similar to them, meaning limbs that do not grow back, as the accepted traditional explanation comes about this (Kiddushin 24a) - as it is stated (Leviticus 25:46) "you shall work them forever." And they, may their memory be blessed, said (Gittin 38a), "Rav Yehudah said, 'Anyone who manumits his slave is in violation of a positive commandment, as it says, "you shall work them forever."'" And [any] one from all of the [other] nations who was acquired by a Jew as a slave is called a Canaanite slave. But all slaves are attached with the name, Canaan, because Canaan was cursed to be a slave - he and his progeny - forever. And even though this section in which we were commanded to subjugate them is speaking about Canaanites - as it is written (Leviticus 25:44), "from the peoples that surround you may you purchase a slave or maid-servant," and it is written earlier (Leviticus 25:38), "to give to you the Land of Canaan" - it was known to the Sages, may their memory be blessed, that it was not only Canaan and those in their land that were called Canaanite slaves. As the law is the same for all the rest of the nations - that they have the status of a Canaanite slave in every matter.

The commandment of work with a Canaanite slave forever: That we have a Canaanite slave work forever, meaning that we should never manumit him; and he should only go free for [suffering the loss of] a tooth or limb, as it appears in Scripture (Exodus 21:26-27) - or from the main limbs that are similar to them, meaning limbs that do not grow back, as the accepted traditional explanation comes about this (Kiddushin 24a) - as it is stated (Leviticus 25:46) "you shall work them forever." And they, may their memory be blessed, said (Gittin 38a), "Rav Yehudah said, 'Anyone who manumits his slave is in violation of a positive commandment, as it says, "you shall work them forever."'" And [any] one from all of the [other] nations who was acquired by a Jew as a slave is called a Canaanite slave. But all slaves are attached with the name, Canaan, because Canaan was cursed to be a slave - he and his progeny - forever. And even though this section in which we were commanded to subjugate them is speaking about Canaanites - as it is written (Leviticus 25:44), "from the peoples that surround you may you purchase a slave or maid-servant," and it is written earlier (Leviticus 25:38), "to give to you the Land of Canaan" - it was known to the Sages, may their memory be blessed, that it was not only Canaan and those in their land that were called Canaanite slaves. As the law is the same for all the rest of the nations - that they have the status of a Canaanite slave in every matter.

The commandment of work with a Canaanite slave forever: That we have a Canaanite slave work forever, meaning that we should never manumit him; and he should only go free for [suffering the loss of] a tooth or limb, as it appears in Scripture (Exodus 21:26-27) - or from the main limbs that are similar to them, meaning limbs that do not grow back, as the accepted traditional explanation comes about this (Kiddushin 24a) - as it is stated (Leviticus 25:46) "you shall work them forever." And they, may their memory be blessed, said (Gittin 38a), "Rav Yehudah said, 'Anyone who manumits his slave is in violation of a positive commandment, as it says, "you shall work them forever."'" And [any] one from all of the [other] nations who was acquired by a Jew as a slave is called a Canaanite slave. But all slaves are attached with the name, Canaan, because Canaan was cursed to be a slave - he and his progeny - forever. And even though this section in which we were commanded to subjugate them is speaking about Canaanites - as it is written (Leviticus 25:44), "from the peoples that surround you may you purchase a slave or maid-servant," and it is written earlier (Leviticus 25:38), "to give to you the Land of Canaan" - it was known to the Sages, may their memory be blessed, that it was not only Canaan and those in their land that were called Canaanite slaves. As the law is the same for all the rest of the nations - that they have the status of a Canaanite slave in every matter.

Also, if an Israelite has intercourse with a Canaanite slave woman - that is, a woman from the [other] nations who was purchased by an Israelite - behold the offspring from her is a Canaanite slave for all purposes (Yevamot 22a), and even if she is the slave of that Israelite that had intercourse with her. Similarly, [in the case of a free man] from the nations that had intercourse with a Canaanite slave woman of ours, the child is a Canaanite slave - as it it stated (Leviticus 25:45), "that they begot in your land." However [in the case of] one of our slaves that has intercourse with a [free woman] from the nations, the child is not a slave - as a slave has no [paternity]. And so [too,] a resident alien - that is, one that has accepted not to worship idolatry and he is living in our land - who sold himself to an Israelite, behold his status is that of a Canaanite slave. And they, may their memory be blessed, said regarding a Canaanite slave (Yevamot 48b) that his master takes care of him up to twelve months; if he wants to deny and abandon idolatry, get circumcised and immerse for the sake of slavery and accept the commandments that Jewish women are obligated, it is good. But if not, it is forbidden for us to hold him in our homes longer than twelve months. Rather we sell him immediately. And [it is] about those slaves that were circumcised and immersed for the sake of slavery that we were commanded to work them forever.

It is from the roots of the commandment [that] since the people of Israel are the choicest of the human species and they were created to recognize their Creator and to serve in front of Him, it is fitting that they should have slaves to serve them. And if they do not have slaves from the nations, they would nonetheless need to subjugate their brethren, and [those subjugated] would be unable to strive in His service, blessed be He. We were therefore commanded to retain these for our use - after they have been readied and have had idolatry removed from their mouths, lest they be a snare in our homes. And this [is the meaning of] the verse afterwards (Leviticus 25:46), "and as for your brothers, the Children of Israel, a man shall not subjugate his brother." That is to say that with this, you will not need to subjugate your brethren and you will all be prepared for the service of God. And even though the understanding of the verse is to warn not to subjugate a Hebrew slave with oppressive labor, there are seventy face to the verses.

To not allow a gentile to work a Hebrew slave sold to him: That we not allow a gentile that dwells in our lands work a Hebrew slave, who sold himself to him, with oppressive work - as it is stated (Leviticus 25:53), "he shall not subjugate him oppressively in your eyes." And we should not say, "Since this Hebrew sinned against himself and sold himself to the gentile, let us leave him to suffer all the work. And they said in Sifra, Behar, Chapter 8:8), "'He shall not subjugate him oppressively in your eyes' - you are only commanded 'in your eyes.'" [This is] meaning to say that we are not obligated to look for it and to enter the house of the gentile to see if he has him work oppressively or not; but rather any time we see the thing, we have to prevent it from him.

And since the matter of arranging [this debt] has come to our hand, we shall write here that which they, may their memory be blessed, said about a [general] debtor in the chapter [entitled] HaMekabel Sadeh Mechavero in Bava Metzia 113b: That there we say, "A teacher taught in front of Rav Nachman bar Yitzchak, 'In the [same] way that we arrange things with appraisals, so do we arrange things with a debtor.'" And they brought many challenges and solutions and the end of the matter is that which the Gemara brings, "A story of Eliyahu, who Rabbah bar Avoua found standing in a graveyard of gentiles. He said to him, 'What is [the law] about their arranging things for a debtor?'" And Rashi, may his memory be blessed, and others had a textual variant [instead], "From where [do we know] about their arranging things for a debtor?" [This is] meaning to say, it was obvious to Rabbah bar Avoua that we arrange [things for a debtor], but he was asking Eliyahu, from which verse we learn it. "And Eliyahu answered him, 'That this is how we learn it, "destitution, destitution," from appraisals.'" [This is] meaning to say that it is written about a loan (Leviticus 25:35), "And if your brother becomes destitute and his hand falters with you, you shall strengthen him" - which is a loan, as it is written at its end (Leviticus 25:35), "Do not take from him interest or increase, etc."; and it is written about appraisals (Leviticus 27:8), "And if he is destitute from [paying] the appraisal" - and the received tradition (Arakhin 24a) comes [that its understanding is], revive him from his appraisal.

The commandment of shofar (horn) on Rosh Hashanah: That we were commanded to hear the sound of the shofar on the first day of Tishrei, which is Rosh Hashanah - and as we learn in Tractate Rosh Hashanah 2a, "On the first of Tishrei is the beginning of the year (rosh hashanah) for [calculating] years" - as it is stated (Numbers 29:1), "a day of blowing shall it be for you." And even though there is no mention of [how] this blast [should be done], if with a shofar, or with cymbals, or with any other musical instrument; they, may their memory be blessed, learned from [the oral tradition] (Rosh Hashanah 33b) that it is with a shofar, as we found with regard to the jubilee year, about which it states (Leviticus 25:9), "shofar."

The commandment of loving the strangers (converts): That we were commanded to love the converts, meaning to say that we be careful not to cause them pain in any thing, but [rather to] do them good and grant them kindness according to what is proper and is possible. And converts are anyone who connects with us from the other nations, that leaves his religion and enters into our religion. And about them is it stated (Deuteronomy 10:19), "And you shall love the stranger, etc." And even though the commandment (Sefer HaChinukh 243) about the Israelite includes him, as it is stated about him (Leviticus 19:18), "and you shall love your neighbor as yourself" - since behold, a righteous convert is included in "your neighbor" - God added for us a specific commandment about his love. And so too is the thing in the prevention against cheating him. As even though he was included in "A man shall not wrong his countryman" (Leviticus 25:17, Sefer HaChinukh 338), Scripture added a specific prevention about him in its stating, "You shall not wrong a stranger" (Exodus 22:20, Sefer HaChinukh 23). And they said in the Gemara (Bava Metzia 59b) that one who wrongs the convert transgresses because of "[A man] shall not wrong" and because of "You shall not wrong a stranger." And so too [with this], he nullifies the commandment of "and you shall love your neighbor" and the commandment of "And you shall love the stranger."

The commandment of charity (tsedekah): To do charity with the one who needs it, with happiness and out of the goodness of one's heart; meaning to say, that we give from our money to one who is lacking, and to strengthen the poor in all areas that he needs for his sustenance, with all of our ability. And about this is it stated (Deuteronomy 15:8), "you shall surely open your hand to him." And they, may their memory be blessed, expounded (Bava Metzia 31a), "Even several times." And it is it also stated (Leviticus 25:35), "and you shall strengthen the stranger and the citizen to live with you." And it stated further (Leviticus 25:36), "and your brother should live with you."

The commandment of charity (tsedekah): To do charity with the one who needs it, with happiness and out of the goodness of one's heart; meaning to say, that we give from our money to one who is lacking, and to strengthen the poor in all areas that he needs for his sustenance, with all of our ability. And about this is it stated (Deuteronomy 15:8), "you shall surely open your hand to him." And they, may their memory be blessed, expounded (Bava Metzia 31a), "Even several times." And it is it also stated (Leviticus 25:35), "and you shall strengthen the stranger and the citizen to live with you." And it stated further (Leviticus 25:36), "and your brother should live with you."

At the end of the prayers of forgiveness²¹⁷Prayers of forgiveness, seliḥot, סליחות; see footnote 14. we say seven times, “He is the God,” (and one time the “שמע ישראל”), and three times the, “Blessed be His glorious kingdom forever and ever,”²¹⁸See the end of the footnote on the Ne'ilah Service, number 191. This is how the Ne'ilah Service ends. (see above section 61,²¹⁹In the Shulḥan Arukh, Oraḥ Ḥayyim, chapter 61, there are twenty-six paragraphs which contain the laws concerned with how one is to pronounce it and what is to be one's personal conviction when reciting the Shema prayer. (מנהגים).²²⁰Minhagim, מנהגים; see footnote 13.) and we blow the shofar, (תקיעה, שברים, תרועה, תקיעה).²²¹The shofar, שופר, is a ram's horn which has been prepared to use as a musical instrument. The word is mentioned sixty-nine times in the Bible as well as numerous times in talmudic and post-talmudic literature.
The shofar was used to proclaim significant events in Judaism. It proclaimed the Jubilee Year (Leviticus 25:9-11) every fiftieth year proclaiming freedom throughout the land. Its most noted use is on Rosh HaShanah which is also called yom teru'ah, "a day of blowing", (Numbers 29:1). It was also used to declare war (Judges 3:27) and to induce fear (Amos 3:6).
In Temple times the shofar was not exclusively a ram's horn. Any curved animal's horn from a sheep, goat, mountain goat, antelope, or a gazelle was possible. The use of the ram's horn became popular because of its association with the Akedah, the sacrifice of Isaac read on Rosh HaShanah when the shofar is sounded. A ram was substituted for Isaac in the biblical account (Genesis 22) which is read on the second day of Rosh HaShanah. The shofar may have carved designs on it as long as the mouthpiece is natural. It may not be painted. It may not have a hole.
The Bible only refers to two trumpet sounds, teki'ah and teru'ah (Numbers 10: 5-8) the Mishna (RH. 4:9) describes teki'ah as one long blast and teru'ah as three wavering crying blasts. It prescribes three sets of shofar sounds since the word teru'ah is mentioned three times in the Bible, (Leviticus 23:24, 25:9, and Numbers 29:1). In talmudic times there was a disagreement about what exactly the sounds of the shofar should be and Rabbi Ahbahu decided the issue by compromise. The shofar was to be sounded three times which included different notes of shevarim, which are broken sounds and teru'ah, nine staccato notes. The sounding is one set of teki'ah, shevarim - teru'ah, teki'ah, and two sets of the following: teki'ah, shevarim, teki'ah, and teki'ah, teru'ah, teki'ah. The teki'ah begins as a low note swelling to a higher one. The teru'ah is a series of staccato blasts and the shevarim alternates higher and lower notes. The concluding note of each of the two series is a teki'ah gedolah, a great, long blast, which derives its origin from Exodus 19:13, "When the ram's horn soundeth long, they shall come up to the mount."
The shofar used to be sounded on the second day of the month of Elul marking the beginning of the penitential season. Today it is sounded daily except for the last day of the month of Elul at the Morning Service until Rosh Ha-Shanah is over and it is sounded at the end of the Ne'ilah Service at the conclusion of Yom Kippur.
On Rosh HaShanah, Psalm 47 is recited seven times before the shofar is sounded. This is a reminder of the walls of Jericho being circled seven times before they fell to the sound of the shofar.
The shofar may only be sounded during the day. It is not sounded when Rosh HaShanah falls on the Sabbath, lest one violate the laws of the Sabbath by carrying the shofar into the synagogue. When the Temple was in existence the shofar was blown there on the Sabbath.
Throughout Jewish history the shofar was blown to announce a death, on fasts, at excommunications (see footnote 29), and at funerals. On Friday afternoons it was sounded six times to announce various work stopping times and the times to light the candles and usher in the Sabbath. Today it is used to inaugurate a new president in Israel.
According to the Sephardi rite the shofar is sounded at the end of the Ne'ilah Service as follows: teki'ah, one rising blast; shevarim, three blasts alternating high and low; teru'ah, seven staccato blasts; and teki'ah, one rising note.
Albert L. Lewis, E. J., v. 14, pp. 1442-47.
The following comment is given by Magen Avraham, (see footnote 33.): 623:4 - "And they blow (the shofar)": Even though they still have not "separated" (said Havdalah, see footnote 226) in the prayer (and it is still not actually night), nevertheless since (the blowing of the shofar is a matter of) wisdom (art and know-how) and not work, and the rabbis were not too strict about it, (did not prohibit it at this occasion), since the day has already passed (Tur, טור, see footnote 23). And even though he wrote that one should complete it (the shofar blowing) close to sunset, this should complete it (the shofar blowing) close to sunset, this means that the stars still have not come out (indicating nightfall), nevertheless this is twilight, and see the end of chapter 299, (in the Shulḥan Arukh, Oraḥ Ḥayyim).
Hagah: There are those who say that we only blow the shofar once (תקיעה),²²²The Ashkenazi rite states that at the end of the Ne'ilah Service only one long shofar blast is sounded, teki'ah gedolah, תקיעה גדולה. (מרדכ והגהות מיימוני סוף הלכות ואגור י״כ),²²³Mordekhai and Hagahot Maimuniyyot, the end of the Laws of Yom Kippur, and Agur, מרדכי והגהות מיימוניי סוף הלכות י״כ ואגור.
For Mordekhai, מרדכי; see footnote 24.
For Hagahot Maimuniyyot, הגהות מיימוני; see footnote 27.
Agur, אגור, is a halakhic work that deals basically with the subject matter found in Tur Oraḥ Ḥayyim and Yoreh De'ah, (see footnote 23). It was written by Jacob b. Judah Landau, a fifteenth century German talmudist. He was educated in Germany by his famous father Judah who died in 1464. Judah was a favorite pupil of Jacob Moellin (see footnote 8) and a relative of Jacob Weil (see footnote 27) who was the head of a large yeshivah and a well respected posek, an halakhic decision maker.
Jacob emigrated at some time in his life to Italy along with the great wave of Jewish emigration from Germany and in Pavia in 1460 he met Joseph Colon from whom he drew many rulings and quotes. While in Pavia he wrote Ḥazon a work introduced by the words "How could it be?" In 1487 Jacob went to Naples. He worked there as a proofreader for the new Hebrew Press established there, which published his work, Ha-Agur along with Ḥazon.
Ha-Agur is an anthology and a summation of German-Jewish scholarship on the laws contained in Oraḥ Ḥayyim and Yoreh De'ah down to Jacob's own time. He based himself on the Tur of Jacob b. Asher (see footnote 23). Jacob wanted to assemble all the data on a particular halakhah, (but omitted the arguments), lay down the halakhah, and then include any new rulings by people such as Israel Isserlein (see footnote 96), Jacob Weil (see footnote 27), Joseph Colon, and particularly his father Judah. The work is organized similar to the Tur and is distinguished by the interweaving of varied material from many different works. Landau, who was well versed in Kabbalah interlaced those theories together with the halakhic material as an aid to arriving at decisions. The work reveals a great deal of the teachings of the German scholars in the fourteenth and fifteenth centuries.
Israel Moses Ta-Shma, E. J., v. 10, p. 1393. and thus we do it in these lands, we sound the shofar after we say the Kaddish²²⁴Kaddish, קדיש; see footnote 177. after the Closing Service, but in a few places the custom is to blow the shofar before the Kaddish.