Bibbia Ebraica
Bibbia Ebraica

Talmud su Levitico 25:28

וְאִ֨ם לֹֽא־מָֽצְאָ֜ה יָד֗וֹ דֵּי֮ הָשִׁ֣יב לוֹ֒ וְהָיָ֣ה מִמְכָּר֗וֹ בְּיַד֙ הַקֹּנֶ֣ה אֹת֔וֹ עַ֖ד שְׁנַ֣ת הַיּוֹבֵ֑ל וְיָצָא֙ בַּיֹּבֵ֔ל וְשָׁ֖ב לַאֲחֻזָּתֽוֹ׃

Ma se non ha mezzi sufficienti per riaverlo da solo, ciò che ha venduto rimarrà nelle mani di chi lo ha acquistato fino all'anno del giubileo; e nel giubileo uscirà e tornerà in suo possesso.

Jerusalem Talmud Gittin

If somebody bought a field during a Jubilee period206This discussion is purely theoretical since the institution of the Jubilee was abolished with the exile of the Ten Tribes, not to be re-instated; cf. Note 66; Ševi‘it 1:1 Note 7, 10:3 Notes 83–88.. Rebbi Ila said, he acquired ownership of the ground207A sale of ancestral agricultural land in a Jubilee period is really a long-term lease since the land returns to the owner in the Jubilee year. The buyer certainly acquires possession; the question is whether he also acquires ownership (cf. Note 169)., Abba bar Mamal said, he did not acquire ownership of the ground. Rebbi Abba bar Mamal objected to Rebbi Ila: In your opinion, since you say that he acquired ownership of the ground, why can he not dig cisterns, ditches, and caves208The prohibition to alienate agricultural lands from their status is not found otherwise in either one of the Talmudim There may be a hint of this in Sifra Behar, Pereq 5(7); also Parašah 4(6) where it is stated that cisterns, ditches, and caves follow the rules of houses, which sometimes are not returned in the Jubilee year, but not those of agricultural land, which always is returned. The buyer/lessee has no right to change the legal status of the land; this seems to indicate that he has no ownership.? He said to him, the Torah said209Lev. 25:28., “he shall return to his inheritance,” as it was. Rebbi Jacob bar Aḥa brought this topic before them and did not know that they still disagreed: Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he does not bring and recite210In the Babli, 47b/48a, it is clearly stated that R. Joḥanan holds that possession is like ownership, R. Simeon ben Laqish holds that possession and ownership are distinct. In this, practice of the Babli strictly follows R. Simeon ben Laqish.. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose: Everybody agrees that he brings211Possession of the land is sufficient for the property to be subject to the duty of first fruits but not enough for the farmer to declare (Deut. 26:10) “I brought the First Fruits of the land which You gave me, o Eternal”; cf. Mishnah Bikkurim 1:2,6.. Where do they disagree? Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he brings but does not recite.
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