Shemita - Chapter 6 - Chabad.org

1We may not use the produce of the Sabbatical year for commercial activity.1 If one desires to sell a small amount2 of the produce of the Sabbatical year, he may.3 The money he receives in return has the same status as the produce of the Sabbatical year. He should use it to purchase food4 and eat that food according to the restrictions of the holiness of the Sabbatical year.5 The produce that was sold retains the holiness it possessed previously.6אאֵין עוֹשִׂין סְחוֹרָה בְּפֵרוֹת שְׁבִיעִית. וְאִם רָצָה לִמְכֹּר מְעַט מִפֵּרוֹת שְׁבִיעִית, מוֹכֵר. וְאוֹתָן הַדָּמִים, הֲרֵי הֵן כְּפֵרוֹת שְׁבִיעִית, יִלָּקַח בָהֶן מַאֲכָל, וְיֵאָכֵל בִּקְדֻשַּׁת שְׁבִיעִית. וְאוֹתוֹ הַפְּרִי הַנִּמְכָּר, הֲרֵי הוּא בִּקְדֻשָּׁתוֹ כְּשֶׁהָיָה.

2In the Sabbatical year, one should not reap vegetables from a field and sell them, nor should one charge a fee for dyeing with shells from produce of the Sabbatical year, because this is using the produce of the Sabbatical year for commercial activity.7 If one reaped vegetables to partake of them and some were left over, he may sell the remainder.8 The proceeds are considered as the produce of the Sabbatical year. Similarly, if a person reaped vegetables for himself and his son or grandson took some of them and sold them, the sale is permitted9 and the proceeds are considered as the produce of the Sabbatical year.בלֹא יִהְיֶה לוֹקֵחַ יַרְקוֹת שָׂדֶה וּמוֹכֵר, וְלֹא יִצְבֹּר מִקְּלִפֵּי שְׁבִיעִית בְּשָׂכָר - מִפְּנֵי שֶׁזֶּה עוֹשֶׂה סְחוֹרָה בְּפֵרוֹת שְׁבִיעִית. לָקַח יְרָקוֹת לֶאֱכֹל, וְהוֹתִיר - מֻתָּר לִמְכֹּר הַמּוֹתָר, וְהַדָּמִים שְׁבִיעִית. וְכֵן אִם לָקַט יְרָקוֹת לְעַצְמוֹ, וְלָקַח מֵהֶן בְּנוֹ אוֹ בֶּן בֵּיתוֹ וּמָכַר - הֲרֵי זֶה מֻתָּר, וְהַדָּמִים דְּמֵי שְׁבִיעִית.

3When the produce of the Sabbatical year is sold, it should not be sold by measure, nor by weight, nor by number, so that it will not appear that one is selling produce in the Sabbatical year. Instead, one should sell a small amount by estimation to make it known that the produce is ownerless.10 And the proceeds of the sale should be used to purchase other food.גכְּשֶׁמּוֹכְרִין פֵּרוֹת שְׁבִיעִית - אֵין מוֹכְרִין אוֹתָן לֹא בְּמִדָּה וְלֹא בְּמִשְׁקָל וְלֹא בְּמִנְיָן, כְּדֵי שֶׁלֹּא יִהְיֶה כְּסוֹחֵר בְּפֵרוֹת שְׁבִיעִית. אֶלָא מוֹכֵר הַמְּעַט שֶׁמּוֹכֵר אַכְסָרָה, לְהוֹדִיעַ שֶׁהוּא הֶפְקֵר וְלוֹקֵחַ הַדָּמִים לִקְנוֹת בָּהֶן אֹכֶל אַחֵר.

4One may package those entities that are usually packaged to bring home11 to sell in the market by estimation in the manner that one packages produce to bring home,12 not like one packages it for the market13 so that one will not sell in constrained manner. Produce that is packaged only for the market place should not be packaged.דוְאוֹגֵד דְּבָרִים שֶׁדַּרְכָּן לְהֵאָגֵד לַבַּיִת לִמְכֹּר בַּשּׁוּק אַכְסָרָה, כְּדֶרֶךְ שֶׁאוֹגְדִין לְהָבִיא לַבַּיִת, לֹא כְּדֶרֶךְ שֶׁאוֹגְדִין לַשּׁוּק - כְּדֵי שֶׁלֹּא יִהְיֶה כְּמוֹכֵר בְּצִמְצוּם. וּדְבָרִים שֶׁאֵין דַּרְכָּן לְהֵאָגֵד אֶלָא לַשּׁוּק, לֹא יֶאֱגֹד אוֹתָן.

5Produce from the Diaspora which were brought into Eretz Yisrael should not be sold by measure, nor by weight, nor by number. Instead, they should be sold by estimation like the produce of Eretz Yisrael.14 If it was obvious that it was produce from the Diaspora, it is permitted to sell it in the ordinary manner.הפֵּרוֹת חוּצָה לָאָרֶץ שֶׁנִּכְנְסוּ לָאָרֶץ - לֹא יִהְיוּ נִמְכָּרִים בְּמִדָּה, אוֹ בְּמִשְׁקָל, אוֹ בְּמִנְיָן, אֶלָא כְּפֵרוֹת הָאָרֶץ אַכְסָרָה. וְאִם הָיוּ נִכָּרִין שֶׁהֵם מֵחוּצָה לָאָרֶץ, מֻתָּר.

6There is a stringency that applies to the produce of the Sabbatical year and not to articles consecrated to the Temple. When one redeems consecrated articles, the consecrated article loses its sacred status and that status is conveyed to the money.15 This is not so with regard to the produce of the Sabbatical year. When one sells the produce of the Sabbatical year, the status of the produce is conveyed to the money.16 The produce itself, however, does not lose its status and it is not considered as produce of the other years. This is derived from the use of the word tihiye17 in the command regarding the produce of the Sabbatical year. That term implies that the produce will be in its state at all times. And since the produce of the Sabbatical year is described as “holy,” its status is conveyed to the money paid for it.18 Thus the final object purchased19 receives the status of the Sabbatical year and the status of the produce itself remains as before.וחֹמֶר בַּשְּׁבִיעִית מִבַּהֶקְדֵּשׁ: שֶׁהַפּוֹדֶה אֶת הַהֶקְדֵּשׁ - יָצָא הֶקְדֵּשׁ לְחֻלִּין, וְיִתָּפְסוּ הַדָּמִים תַּחְתָּיו. וְהַשְּׁבִיעִית אֵינָהּ כֵּן; אֶלָא הַמּוֹכֵר פֵּרוֹת שְׁבִיעִית - יִתָּפְשׂוּ הַדָּמִים וְיֵעָשׂוּ כְּפֵרוֹת שְׁבִיעִית, וְהַפֵּרוֹת עַצְמָן לֹא נִתְחַלְּלוּ וְנַעֲשׂוּ כְּפֵרוֹת שְׁאָר הַשָּׁנִים, שֶׁנֶּאֱמַר בָּהּ "תִּהְיֶה" (ויקרא כה, ז) - בַּהֲוִיָּתָהּ תְּהֵי לְעוֹלָם. וּלְפִי שֶׁנִּקְרֵאת "קֹדֶשׁ" (ויקרא כה, יב), תּוֹפֶשׂת אֶת דָּמֶיהָ. נִמְצֵאתָ אוֹמֵר הָאַחֲרוֹן נִתְפָּשׂ בַּשְּׁבִיעִית, וְהַפְּרִי עַצְמוֹ הֲרֵי הוּא כְּמוֹ שֶׁהָיָה.

7What is implied? A person purchased meat with the produce of the Sabbatical year or the proceeds from its sale. The meat is given the status of that produce and must be eaten as befits the holiness of the produce of the Sabbatical year. And one must rid oneself of it when one must rid oneself of that produce.20 If one used that meat or the proceeds from its sale to purchase fish, the meat is considered as ordinary food and the holiness of the Sabbatical year is conveyed upon the fish.זכֵּיצַד? לָקַח בְּפֵרוֹת שְׁבִיעִית אוֹ בִּדְמֵיהֶן בָּשָׂר - נַעֲשָׂה הַבָּשָׂר כְּאוֹתָן הַפֵּרוֹת, וְאוֹכְלוֹ כְּפֵרוֹת שְׁבִיעִית, וְצָרִיךְ לְבַעֵר שְׁנֵיהֶם, בִּשְׁעַת בִּעוּר שְׁבִיעִית. לָקַח בְּאוֹתוֹ בָּשָׂר אוֹ בְּדָמָיו דָּגִים, יָצָא הַבָּשָׂר וְנִתְפְּשׂוּ הַדָּגִים;

If one used that fish or the proceeds from its sale to purchase oil, the fish is considered as ordinary food and the holiness of the Sabbatical year is conveyed upon the oil. If one used that oil or the proceeds from its sale to purchase honey, the oil is considered as ordinary food and the holiness of the Sabbatical year is conveyed to the honey. One must rid oneself of the original fruit and the honey as one must rid oneself of the produce of the Sabbatical year. Neither of them may be used to make a compress, nor may they be ruined, as is the rule with regard to the produce of the Sabbatical year.לָקַח בַּדָּגִים אוֹ בִּדְמֵיהֶן שֶׁמֶן, יָצְאוּ דָּגִים וְנִתְפַּשׂ שֶׁמֶן; לָקַח בַּשֶּׁמֶן אוֹ בְּדָמָיו דְּבַשׁ, יָצָא שֶׁמֶן וְנִתְפַּשׂ דְּבַשׁ. וְצָרִיךְ לְבַעֵר הַפֵּרוֹת הָרִאשׁוֹנוֹת עִם הַדְּבַשׁ הָאַחֲרוֹן, כְּדֶרֶךְ שֶׁמְּבַעֲרִין פֵּרוֹת שְׁבִיעִית. וְאֵין עוֹשִׂין מִשְּׁנֵיהֶם מְלֻגְמָא וְלֹא מַפְסִידִין אוֹתָן, כִּשְׁאָר פֵּרוֹת שְׁבִיעִית.

8The holiness of the produce of the Sababtical year may be transferred only through a sale. When does this apply? With regard to the original produce. With regard to the produce received in exchange for that produce, its holiness can be transferred through a sale or through a process of transfer.21חאֵין שְׁבִיעִית מִתְחַלֶּלֶת אֶלָא דֶּרֶךְ מֶקָּח. בַּמֶּה דְּבָרִים אֲמוּרִים? בִּפְרִי רִאשׁוֹן; אֲבָל בִּפְרִי שֵׁנִי מִתְחַלֵּל, בֵּין דֶּרֶךְ מֶקָּח בֵּין דֶּרֶךְ חִלּוּל.

9When one is transferring the holiness of produce that was exchanged for produce of the Sabbatical year, one may not transfer it to a domesticated animal, fowl, or beast, that is alive,22 lest they be left alive and one raise herds of animals imbued with the holiness of the Sabbatical year. Needless to say, this23 applies with the produce of the Sabbatical year itself. One may, however, transfer the holiness of this produce to animals that have been slaughtered.24טוּכְשֶׁמְּחַלְּלִין פְּרִי הַנִּלְקָח שֵׁנִית - אֵין מְחַלְּלִין אוֹתוֹ עַל בְּהֵמָה חַיָּה וָעוֹף חַיִּים, שֶׁמָּא יַנִּיחֵם וִיגַדֵּל מֵהֶם עֲדָרִים עֲדָרִים. וְאֵין צָרִיךְ לוֹמַר שְׁבִיעִית עַצְמָהּ. אֲבָל מְחַלְּלִין אוֹתָן הַפֵּרוֹת עַל הַשְּׁחוּטִים.

10Money received for produce of the Sabbatical year may not be used to pay a debt.25 Nor may one use it to repay shushvinut26 or return a favor.27 One should not use it to pay a pledge of charity for the poor in the synagogue.28 One may, however, send it for purposes associated with the acts of kindness,29 but one must notify the recipients.30 Similarly, it may not be used to purchase servants, landed property, or a non-kosher animal31. If it was used for those purposes, one should purchase ordinary food with a commensurate sum and partake of it as befits the holiness of the Sabbatical year,32 as was explained with regard to the second tithes.33ידְּמֵי שְׁבִיעִית - אֵין פּוֹרְעִין מֵהֶן אֶת הַחוֹב, וְאֵין עוֹשִׂין בָּהֶן שׁוֹשְׁבִינוּת, וְאֵין מְשַׁלְּמִין מֵהֶן תַּגְמוּלִין, וְאֵין פּוֹסְקִין מֵהֶן צְדָקָה לַעֲנִיִּים בְּבֵית הַכְּנֶסֶת. אֲבָל מְשַׁלְּחִין מֵהֶן דְּבָרִים שֶׁל גְמִילוּת חֲסָדִים, וְצָרִיךְ לְהוֹדִיעַ. וְכֵן אֵין לוֹקְחִין מֵהֶן עֲבָדִים וְקַרְקָעוֹת וּבְהֵמָה טְמֵאָה. וְאִם לָקַח, יֹאכַל כְּנֶגְדָּן כְּדֶרֶךְ שֶׁעוֹשֶׂה בְּמַעֲשֵׂר שֵׁנִי.

One may not purchase pairs of doves for the sacrifices of zavim, zavot, or women after childbirth,34 or sin-offerings or guilt offerings.35 If he purchased these offerings with these funds, he should purchase food with a commensurate sum and partake of it as befits the holiness of the Sabbatical year. One should not apply oil from the Sabbatical year to utensils or hides.36 If one did so, one should purchase food with a commensurate sum and partake of it37 as befits the holiness of the Sabbatical year.וְאֵין מְבִיאִין מֵהֶן קִנֵּי זָבִים וְזָבוֹת וְיוֹלְדוֹת, חַטָּאוֹת וַאֲשָׁמוֹת; וְאִם הֵבִיא, יֹאכַל כְּנֶגְדָּן. וְאֵין סָכִין כֵּלִים וְעוֹרוֹת בְּשֶׁמֶן שֶׁל שְּׁבִיעִית; וְאִם סָךְ, יֹאכַל כְּנֶגְדָּן.

11This money should not be given to a bathhouse attendant, a blood-letter,38 a person who sails a boat, or another craftsman.39 He may, however, give them to a person who draws water from a well to provide him with drinking water.40 It is permitted to given the produce of the Sabbatical year or money received in return for it to a craftsman as a present.41יאאֵין נוֹתְנִין מֵהֶן לֹא לַבַּלָּן, וְלֹא לַסַּפָּר, וְלֹא לַסַּפָּן, וְלֹא לִשְׁאָר הָאֻמָּנִין; אֲבָל נוֹתֵן הוּא לְמִי שֶׁדּוֹלֶה מַיִם מִן הַבּוֹר לְהַשְׁקוֹת אוֹתוֹ מַיִם. וּמֻתָּר לִתֵּן מִפֵּרוֹת שְׁבִיעִית אוֹ מִדְמֵיהֶן לָאֻמָּנִין, מַתְּנוֹת חִנָּם.

12When a person tells a worker: “Here is an isar.42 Gather vegetables43 for me today,” his wage is permitted. It is not considered as money received in return for produce of the Sabbatical year. Instead, he may use it for whatever he desires44. The worker was not penalize45 d in that his wage would be considered as money received for the produce of the Sabbatical year.46 If he told him: “Gather a vegetable for me today for it,” his wage is considered as money received in return for produce of the Sabbatical year.47יבהָאוֹמֵר לַפּוֹעֵל 'הֵא לְךָ אִיסָר זֶה, וְלַקֵּט לִי יָרָק הַיּוֹם' - שְׂכָרוֹ מֻתָּר, וְאֵינוֹ כִּדְמֵי שְׁבִיעִית, אֶלָא מוֹצִיאוֹ בְּכָל מַה שֶׁיִּרְצֶה, וְלֹא קָנְסוּ אֶת הַפּוֹעֵל לִהְיוֹת שְׂכָרוֹ כִּדְמֵי שְׁבִיעִית. וְאִם אָמַר לוֹ 'לַקֵּט לִי בּוֹ הַיּוֹם יָרָק' - הֲרֵי זֶה כִּדְמֵי שְׁבִיעִית.

He may use it only for eating and drinking like the produce of the Sabbatical year.וְאֵינוֹ מוֹצִיאוֹ אֶלָא בַּאֲכִילָה וּשְׁתִיָּה, כְּפֵרוֹת שְׁבִיעִית.

13When donkey-drivers perform work with the produce of the Sabbatical year that is forbidden - e.g., they bring more than the minimal amount of produce48 - their wages are considered as money received in return for produce of the Sabbatical year. This is a penalty imposed upon them. Why was a penalty imposed on the wages of a donkey-driver and not on the wages of a hired worker? Because the latter receives a minimal wage. Hence, he was not penalized so that he could earn his livelihood.יגהַחַמָּרִים הָעוֹשִׂים בְּפֵרוֹת שְׁבִיעִית מְלֶאכֶת שְׁבִיעִית הָאֲסוּרָה, כְּגוֹן שֶׁהֵבִיאוּ יוֹתֵר מִדַּי - הֲרֵי שְׂכָרָן כִּדְמֵי שְׁבִיעִית. וְדָבָר זֶה קְנָס לָהֶם. וּמִפְּנֵי מַה קָנְסוּ בִּשְׂכַר הַחַמָּרִים וְלֹא קָנְסוּ בִּשְׂכַר הַפּוֹעֵל? מִפְּנֵי שֶׁשְּׂכַר הַפּוֹעֵל מְעַט, לֹא קָנְסוּ בּוֹ מִשּׁוּם כְּדֵי חַיָּיו.

14When a person purchases a loaf of bread from a baker for a pundiyon,49 and tells him: “When I harvest vegetables grown in the Saabatical year from the field, I will bring them to you for it.”50 this is permitted.51 The loaf of bread is considered as the produce of the Sabbatical year52. If he purchases the loaf without making any qualifications,53 he should not pay him with money received for the produce of the Sabbatical year, because one should not use that money to pay debts.54ידהַלּוֹקֵחַ מִן הַנַּחְתּוֹם כִּכָּר בְּפֻנְדְּיוֹן, וְאָמַר לוֹ בִּשְׁעַת לְקִיחָה 'כְּשֶׁאֲלַקֵּט יַרְקוֹת שָׂדֶה אָבִיא לְךָ בּוֹ' - הֲרֵי זֶה מֻתָּר; וְאוֹתוֹ הַכִּכָּר הֲרֵי הוּא כְּפֵרוֹת שְׁבִיעִית. וְאִם לָקַח מִמֶּנּוּ סְתָם - לֹא יְשַׁלֵּם מִדְּמֵי שְׁבִיעִית, שֶׁאֵין פּוֹרְעִין חוֹב מִדְּמֵי שְׁבִיעִית.

15One may partake of the produce of the Sabbatical year in expectation55 that the recipient will return the favor and when there are no such expectations.56 What is implied by the idea of eating in expectation of the return of the favor? One may give a colleague the produce of the Sabbatical year as if he had already performed a favor for him57 or invite him into his garden to eat as one who performed a favor for him. When a person was given the produce of the Sabbatical year as a present or he inherited it, he should partake of it in the same manner as if he gathered this produce from the field himself.58טואוֹכְלִין פֵּרוֹת שְׁבִיעִית בְּטוֹבָה וְשֶׁלֹּא בְּטוֹבָה. בְּטוֹבָה כֵּיצַד? שֶׁיִּתֵּן לוֹ פֵּרוֹת שְׁבִיעִית כְּמוֹ שֶׁעָשָׂה עִמּוֹ טוֹבָה שֶׁנָּתַן לוֹ, אוֹ שֶׁיַּכְנִיסוֹ לְגִנָּתוֹ לֶאֱכֹל כְּמִי שֶׁעָשָׂה עִמּוֹ טוֹבָה. וּמִי שֶׁנָּתְנוּ לוֹ פֵּרוֹת שְׁבִיעִית בְּמַתָּנָה אוֹ שֶׁנָּפְלוּ לוֹ בִּירֻשָּׁה - הֲרֵי זֶה אוֹכְלָם, כְּדֶרֶךְ שֶׁאוֹכֵל פֵּרוֹת שֶׁאוֹסֵף אוֹתָן הוּא בְּעַצְמוֹ מִן הַשָּׂדֶה.

« Previous

Shemita - Chapter 5

Shemita - Chapter 7

Footnotes

Avodah Zarah 62a derives this insight from the exegesis of Leviticus 25:.7 The fact that the Rambam does not mention that prooftext here has raised a question among the commentaries: Does he consider the prohibition against using the produce of the Sabbatical year as merchandise as Scriptural or Rabbinic in origin?

Enough for three meals (Kessef Mishneh).

For selling a small amount is not considered as using the produce as merchandise.

For humans (see Chapter 5, Halachah 12).

Sukkah 40b derives this from the exegesis of Leviticus 25:12: “It shall be holy for you.” Just as the sanctity of articles that are “holy,” consecrated to the Temple, is transferred to the money received for them, so too, the holiness of the produce of the Sabbatical year is transferred to the money received for it.

See Halachot 6-.7

This is forbidden even if one intends to use the proceeds to purchase food which he will eat according to the requirements of the holiness of the Sabbatical year [the Rambam’s Commentary to the Mishnah (Shivi ‘it 7:3)].

For it is obvious that he gathered the vegetables for his own personal use. I 0. Since the person who reaped the produce was not the one who sold it, there is no prohibition involved (Radbaz).

10.

The Radbaz states that one should also sell the produce at a lower price than usual.

11.

When. a person packages produce to talce home from his field, he is not precise with regard to the amount he takes.

12.

When a person packages produce to take home from his field, he is not precise with regard to the amount he takes.

13.

When a person packages produce to sell in the marketplace, he is careful to package an exact amount, so that the sale will be honest.

14.

For an onlooker will not understand that the produce is from the Diaspora and will think that the produce of the Sabbatical year is being sold in an ordinary manner.

15.

See Hilchot Arachin 6:.4

16.

And it must be used to purchase food which will be eaten with the stringencies befitting the holiness of the produce of the Sabbatical year.

17.

Leviticus 25:1.2 See the Slfra to this verse.

18.

As is true with regard to the money used to redeem consecrated objects.

19.

I.e., the food to be eaten; see the following halachah, for an explanation.

20.

See Chapter 7, Halachah 1, which speaks about this subject.

21.

I.e., one says: “The holiness of this produce is transferred to this other produce.”

22.

Note the parallel to Hilchot Ma’aser Sheni 4:.6 There it is stated that if one makes such a transfer, it is not effective. The commentaries state that the same law applies in the present instance.

23.

That the holiness may not be transferred to a living animal.

24.

For the abovementioned difficulty does not apply.

25.

This is considered similar to using it to purchase merchandise.

26.

Shushvinut refers to a custom where a person sends money to a friend as a present at the time of the friend’s wedding. Afterwards, when the person himself marries, his friend is expected to send a similar sum to him as a present. The money is considered as a debt and if he fails to so, he can be sued in court.

27.

I.e., the person once lent him money. He may not use money received in return for the produce of the Sabbatical year to offer that person a loan (Radbaz, Hilchot Matnot Aniyim 6:17).

28.

Since the person pledged money, satisfying his obligation with the produce of the Sabbatical year is comparable to using it to pay a debt.

29.

I.e., providing that person with the meal of comfort at the time of bereavement (ibid.).

30.

So that they treat it with the appropriate holiness and rid themselves of it when required. Also, the recipient will realize that he need not be overly grateful, for he was not given produce of full value.

31.

For as mentioned above, such money may only be used for the purchase of food.

32.

Our translation is taken from the Rambam’s Commentary to the Mishnah (Shivi’it 8:8).

33.

See Hilchot Ma’aser Sheni 7:.17

34.

As explained in Hilchot Mechusrei Kapparah, ch. 1, these individuals are required to bring pairs of doves as part of their sacrifices to emerge from impurity.

35.

In his Commentary to the Mishnah (Ma’aser Sheni 1 :7), the Rambam explains that money from the second tithes - and thus by extension, money from the Sabbatical year may not be used for these sacrifices, for they are not eaten by their owners.

36.

For then, he is not receiving direct physical benefit from the oil. See Chapter 5, Halachah.7

37.

But not use it for smearing. See Chapter 5, Halachah 12, and notes.

38.

Our translation is taken from the Rambam’s Commentary to the Mishnah (Kilayim 9:3).

39.

39. For, as stated, above, they may not be used for a purpose other than food.

40.

For that is like using the money to purchase drinking water [the Rambam’s Commentary to the Mishnah (Shivi ‘it 8:5)]. He may not, however, give it to him to draw water for other purposes (Radbaz).

41.

Even though the craftsman will be receiving a present and will return the favor to the person in some way, that is permitted. See Halachah 15 and notes.

42.

A coin of small value used in the Talmudic period. In his Commentary to the Mishnah (Shivi'it 8:4), the Rambam states that this was the cost of inexpensive vegetables in the Talmudic era.

43.

This refers to vegetables that grow in the manner described in Chapter 6, Halachah 4 (Kessef Mishneh).

44.

I.e., it is not restricted to being used for eating or drinking as is money received in return for produce of the Sabbatical year.

45.

I.e., it is not restricted to being used for eating or drinking as is money received in return for produce of the Sabbatical year.

46.

The wording used by the employer clearly establishes such a connection. As the Radbaz explains, in the first instance, it appears that he is hiring him to work that day. In the second instance, it appears that he is hiring him to gather vegetables.

47.

The wording used by the employer clearly establishes such a connection. In the first instance, it appears that he is hiring him to work that day. In the second instance, it appears that he is hiring him to reap vegetables (Radbaz).

48.

A coin of the Talmudic period that was twice the value of an isar.

49.

A coin of the Talmudic period that was twice the worth of an isar.

50.

I.e., rather than pay him now, he promises that he will pay him in the future by bringing him vegetables.

51.

The purchaser is not considered to be paying a debt with the produce from the Sabbatical year. Instead, since at the time he took the loaf of bread, he already stipulated that the exchange would be made, this is considered as an exchange for the produce of the Sabbatical year, which is permitted [the Rambam’s Commentary to the Mishnah (Shivi’it 8:4)]. The commentaries explain that this concept is alluded to by the Rambam’s addition of the word bo, meaning “for it.” This implies that the purchaser is clearly stipulating that he is making an exchange.

52.

For it was received in exchange for produce of the Sabbatical year.

53.

And does not pay him immediately.

54.

As stated in Halachah 10. This applies even to debts incurred from purchasing food.

55.

Or even in return for having perfomed a favor.

56.

The Rambam is adding this point, to emphasize that we do not follow the opinion of Rabbi Y ehudah whomaintains that the School of Hillel permitted a person to partake of the produce of the Sabbatical year that belongs to a colleague only in expectation of favors (see Ediyot 5:1). Rabbi Yehudah’s rationale is that it is not desirable for any person to have free access to a colleague’s field and enter it at all times.

57.

In his Commentary to the Mishnah (Shivi’it 4:1), the Rambam explains that the person tells a colleague: “Reap in my field and then I will reap in your field.”

58.

There is a difference of opinion regarding this issue in Shivi ‘it 9:9 and the Rambam’s ruling does not follow either of the views mentioned there. Nevertheless, it can be explained that the mishnah is speaking according to RabbiEliezer’s perspective and Rabbi Eliezer follows the opinion of the School of Shammai. The Rambam’s ruling reflects the position that would be given by the School of Hillel, whose opinion is accepted as halachah.

Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.

The text on this page contains sacred literature. Please do not deface or discard.

Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.

More in this section

You may also be interested in...