Talmud su Levitico 25:46

HALAKHAH: The Mishnah¹⁰⁴Parallels Giṭṭin 4:12, Babli Giṭṭin47a; there the dispute is between two Amoraim, Rabba (in Babylonia, holding that Gentile land is subject to tithes) and R. Eleazar (in Galilee, holding that the Gentile’s land is free from tithes.) The verses quoted also are totally different. Tosaphot (Giṭṭin 47a, s. v. אמר רבה) prove that in the opinion of the Babli, R. Meïr frees Gentile land from heave and tithes except if it is leased to a Jewish sharecropper. In Tosephta Demay 5:21, the position of R. Meïr is the same as here, the opposition consists of R. Jehudah, R. Simeon, R. Yose. The Tosephta is quoted in Babli Menaḥot 66b; there, R. Meïr and R. Jehudah agree with R. Meïr here; R. Simeon and R. Yose oppose. In the interpretation of the Babli Menaḥot, the disagreement is not about the status of the Land; it is universally held that ownership of real estate by a Gentile does not free the Land from its obligations. Rather, it is the ownership of the grain at the moment the obligation of heave and tithes starts, i. e., when the grain is stored. Since a Gentile is not subject to the laws of the Torah, R. Simeon and R. Jehudah hold that his grain cannot be subject to those laws. Cf. also Peah, Chapter 4, Notes 129–131. is Rebbi Meïr’s, since Rebbi Meïr says that a Gentile may not acquire real estate in the Land of Israel to remove it from tithe; Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithe. Rebbi Immi in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Meïr (Lev.25:46): “You shall transmit them¹⁰⁵Non–Jewish slaves. by inheritance to your sons after you, to inherit by the rules of real estate.” This brackets real estate with slaves. Just as you may buy slaves from them but they cannot buy from you¹⁰⁶In Babli Yebamot 46a, this is derived from the verse Lev. 25:45: “ ‘Also from the children of the inhabitants that live among you, from them you may buy;’ you, but not they.” As a matter of practical law, since the Jewish buyer of a non–Jewish slave is required to convert him, and the slave then is subject to the commandments of the Torah; if his owner would sell him to a Gentile, the slave automatically would go free., so real estate you may buy from them but they cannot buy from you. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yasa, the following supports Rebbi Meïr (Lev. 25:23): “The land shall not be sold permanently, because the land belongs to Me,” absolutely¹⁰⁷This cryptic note refers to Sifra Behar,Parashah 4(8): לצמיתות לחולטנית, “permanently means absolutely.” See R. Shaul Israeli, ספר ארץ חמדה⁴ Jerusalem 1999, p. 195 ff.. He said to him, that in itself supports Rebbi Simeon. “It shall not be sold”¹⁰⁸If it could not be sold, there would be no sin in selling it, since the transaction would be void. But since selling agricultural real estate in the Land of Israel to a Gentile is a sin, by necessity the sale would be valid and would imply unrestricted transfer of title., because if it was sold, it would be sold absolutely.

²⁰²This is from Demay 5:9, explained there in Notes 104–109. Variants are denoted by ד. The Mishnah is Rebbi Meїr’s, since Rebbi Meїr says that a Gentile may not acquire real estate in the Land of Israel to remove it from tithes; Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithes. Rebbi Immi in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Meïr (Lev. 25:46): “You shall transmit them by inheritance to your sons after you, to inherit by the rules of real estate.” This brackets slaves with real estate. Just as you may buy slaves from them but they cannot buy from you, so real estate you may buy from them but they cannot buy from you. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yasa²⁰³This is the correct reading in ד., the following supports Rebbi Meїr (Lev. 25:23): “The land shall not be sold permanently,” absolutely. He said to him, that in itself²⁰³This is the correct reading in ד. supports Rebbi Simeon. “It shall not be sold”, because if it was sold, it would be sold absolutely. Rebbi Huna from Sepphoris said, Rebbi Ḥanina instituted in Sepphoris following Rebbi Simeon.