1)

What are the connotations of "be'Mispar Shanim Achar ha'Yovel Tikneh"?

1.

Rashi #1 and Ramban #1: With reference to Ona'ah, it means that, when selling a field, one should know how many years remain until the Yovel, and sell and purchase accordingly. 1 If there are many years, the purchaser pays more and if there are few years, he pays less. 2

2.

Rashi #2 (citing Erchin, 30a) and Ramban #2: Refer to 25:15:3:8. 3


1

Rashi: Bearing in mind that the field is destined to revert to the seller in the Yovel.

2

Refer to 25:15:3:1.

3

Refer to 25:15:3:2.

2)

If, as the Chachamim have said (in Bava Metzi'a, 56a), Karka is not subject to Ona'ah, how will we explain the current Pesukim?

1.

Ramban #1: Pesukim 14 - 16 are speaking (not about Ona'ah, 1 but) about the Din of Yovel ? to sell a field according to the number of anticipated harvests until the Yovel, when it must be returned, come what may.

2.

Ramban #2: The Isur Ona'ah applies to Karka (and to Avadim) as well - only the Din of Ona'ah of Metaltelim 2 does not apply and the sale stands and is not negated. 3

3.

Moshav Zekenim and Seforno (both in Pasuk 14): Refer to 25:14:4:3.

4.

Tosfos (in Kidushin 42b, citing the Yerushalmi): Even though Karka is not subject to Ona'ah, it is subject to Bitul Mekach ? if the discrepancy amounts to more than half of its current value.


1

Ramban: Refer to 25:14:2:1.

2

Refer to 25:14:5:1.

3

Ramban: Because, when it comes to land, people tend to be Mochel even for to the value of a sixth more (the purchaser) or a sixth less (the seller) than the going price.

3)

Why does the Torah not permit purchasing a field in the Yovel year?

1.

Seforno: Because in the case of where the owner who was an Eved Ivri was set free on Yom Kipur, he has not yet had the opportunity of regaining ownership of his field before having to sell it (due to poverty).

4)

What are the connotations of "be'Mispar Sh'nei Tevu'os Yimkor Lach"?

1.

Rashi #1: It means that the seller sells, not the field per se, but the number of harvests (excluding the years of Sh'mitah) until the Yovel 1 (Consequently, if Reuven sells Shimon a field ten years before the Yovel for ten Manah, he acquires each year for one Manah - Rashi in Nidah, 47b).

2.

Rashi #2 (citing Erchin, 29b): It means that the seller is not permitted to redeem his field from the purchaser before two years - even if the field yields three years' produce during that time (and both the seller and the purchaser are included in the Asei ? Erchin, ibid). 2

3.

Seforno and Bava Metzi'a, 106a: It implies years where there is a harvest ? to preclude a year of draught and mildew 3 (the Sh'mitah itself and years like the years of Eliyahu, where no rain at all falls - Bava Metzi'a, Ibid). 4

4.

Or ha'Chayim: It teaches us four Dinim;. a. The sale must be for at least two years of harvest - but not of drought, of withering or of Sh'mitah. b. The Torah mentions buying and selling to warn both the purchaser and the seller. 5 c. The purchaser is permitted to retain it for two years, even if he obtains three harvests within that time. d. In the event that the purchaser obtains only one harvest before Yovel, he is not obligated to return it until a year harvest after the Yovel. 6

5.

Gitin, 48b: Bearing in mind that the Pasuk is speaking about a time when the Yovel applies, and that one cannot therefore sell the land, it implies that "Kinyan Peiros La'av ke'Kinyan ha'Guf' ? 'A Kinyan on the fruit does not extend to the land'. 7

6.

Erchin, 14b: It includes a sale of trees, which give produce and precludes a sale of rocky land where nothing grows and which the owner may therefore redeem before two years.

7.

Erchin, 18b: It means that, when the owner redeems his field, he needs to deduct two years 8 - from day to day - even if the purchaser obtained three harvests during that period. 9

8.

Erchin, 30a: It implies that the purchaser has a minimum of two years lease in the field, even if he received the field with the crops fully grown ? and is not obligated to return it in the same state. 10


1

Rashi: And that consequently, if the seller charges more than its value for the few years until Yovel, or the purchaser pays less than its value for the many years until Yovel, he has transgressed the La'av of Ona'ah.

2

See Torah Temimah, note 103.

3

Seforno: As is the Din of someone who rents a field.

4

See Torah Temimah, notes 96 & 97.

5

Or ha'Chayim: Even if the buyer consents to sell it back, he may not. The Torah wants to discourage people from selling land (refer to 25:25:1:1).

6

The Rambam rules like all four Dinim.

7

And that consequently, he does not read the Parshah when bringing Bikurim.See Torah Temimah, note 94.

8

See Torah Temimah, note 101.

9

See answer 8.

10

See Torah Temimah, note 102.

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