Daily Mitzvah (Rambam)

The 82nd mitzvah is that we are commanded to break the neck1 of our first-born donkey if we don't want to redeem it.

The source of this commandment is G‑d's statement,2 "[The first-born of a donkey must be redeemed with a sheep,] and if it is not redeemed, you must break its neck."

The details of this mitzvah are explained in tractate Bechoros.3

It is possible for one to ask: "Why are redemption and breaking its neck counted as two separate mitzvos instead of just one mitzvah? The [option of] breaking its neck would then be included in this mitzvah, as explained in the Seventh Introductory Principle.4

This would indeed be the case if not for the fact that we find a statement of the Sages5 which indicates otherwise: "The mitzvah of redemption is preferable to the mitzvah of breaking its neck; and the mitzvah of yibum is preferable to the mitzvah of chalitzah."6 The explanation of this statement is as follows: one may perform either yibum or chalitzah on a yevamah — yibum being a mitzvah, as is mentioned, and chalitzah counting as a separate mitzvah. So too, our Sages said,7 a first-born donkey may either be redeemed or have its neck broken — and each counts as a separate mitzvah.

Footnotes

1.

The back of the animal's neck is struck with a hatchet, until the windpipe and foodpipe are severed. See Yerushalmi, Sotah 9:5.

2.

Ex. 34:20.

3.

Ch. 1.

4.

This Principle states that the details of a single mitzvah are not counted separately. Applied here, this Principle would seem to indicate that there should be one mitzvah of redeeming the donkey — but that one has the option of breaking its neck.

5.

Bechoros 13a.

6.

See P216, P217.

7.

The expression used is "mitzvah of redemption," and "mitzvah of breaking its neck."

The 135th mitzvah is that we are commanded to stop working the land during the seventh year [shemittah].

The source of this commandment is G‑d's statement,1 "You must cease plowing and reaping."

This commandment is repeated a number of times, as in the verse,2 "It shall be a Shabbos Shabboson [Sabbath of Sabbaths] for the land." We already mentioned previously3 the statement of our Sages,4 "The word 'Shabboson' indicates a Positive Commandment." The Torah also says,5 "The land must be given a rest period, a Sabbath to G‑d."

The details of this mitzvah are explained in tractate Sh'vi'is. It is a Biblical commandment only in Eretz Yisrael.6

Footnotes

1.

Ibid. 34:21. See Rav Kook edition, 5718, note 593.

2.

Lev. 25:4.

3.

P90.

4.

Shabbos 24b.

5.

Ibid. 25:2.

6.

Outside Eretz Yisrael it is obligatory by Rabbinic decree.

The 220th prohibition is that we are forbidden from working the land during the seventh year [shemittah].

The source of this prohibition is G‑d's statement,1 "[It is G‑d's Sabbath during which] you may not plant your fields."

The punishment for transgressing this prohibition is lashes.

The details of this mitzvah are explained in tractate Sh'vi'is.

Footnotes

1.

Ibid. 25:4.

The 221st prohibition is that we are forbidden from cultivating trees during the seventh year [shemittah].

The source of this prohibition is G‑d's statement,1 "[It is G‑d's Sabbath during which you may not plant your fields] nor prune your vineyards."

The punishment for transgressing this prohibition is also lashes.

The Sifra says: "The prohibitions of planting and pruning were already included.2 Why were they singled out? To make a comparison — just as planting and pruning have the special quality of applying both to the land and to trees, so too, the prohibition includes any type of work which applies both to the earth and to trees."3

The details of this mitzvah are also explained in tractate Sh'vi'is.

Footnotes

1.

Ibid.

2.

In P135. See Yad Halevi, note 2, from Minchas Chinuch 228 and Tosafos, Makos 18a.

3.

Yad Halevi (note 3) explains that the Rambam quotes the Sifra in order to prove that N220 and N221 count as separate mitzvos.

In the 9th Introductory Principle, the Rambam shows that land and tress may be mentioned separately in Scripture, and that they are nevertheless counted as a single mitzvah (see N214). However, he also says that when the wording of our Sages indicates, the two are counted separately.

Therefore the Rambam quotes the Sifra (unlike similar statements in the Talmud), because it uses the expression "The prohibitions of planting and pruning were..." If there was only one mitzvah, they could have simply said, "The prohibition of planting was..." and omitted mention of pruning altogether. The mention of both implies that they count as separate mitzvos.

The 222nd prohibition is that we are forbidden from harvesting in the normal way crops which the ground produces on its own during the seventh year [shemittah]. This means as follows: we are forbidden from working the land and cultivating trees during the shemittah year, as mentioned above. Food that was planted in the sixth year and grows in the seventh year — called safiach — may be eaten during the seventh year.1 However, it may not be harvested unless one makes a variation in the normal harvesting process.

The source of this prohibition is G‑d's statement,2 "Do not harvest crops that grow on their own." This does not mean that one may not harvest them at all, as is evident from the verse3 "[What grows while] the land is resting may be eaten by you." The intention of the verse is that one may not harvest in the same way one harvests grain during other years. One may only gather it as if it were ownerless, without preparation or arrangement, as we shall explain.4

Footnotes

1.

This is as far as the Biblical law is concerned. It is prohibited by Rabbinic law. See Hilchos Shemittah V'yovel, 4:2.

2.

Ibid. 25:5.

3.

Ibid. 25:6.

4.

See N223.