Negative Commandment 223 (Digest)
Harvesting Fields during the Sabbatical Year
"Nor shall you gather the grapes of the un-pruned vine"—Leviticus 25:5.
It is forbidden to harvest – in normal fashion – the fruit of the Shemitah (Sabbatical) Year. One may only harvest it as if it was ownerless, i.e., without extensive preparation or arrangement, and not in bulk.
The
223rd prohibition is that we are forbidden from gathering in the normal manner
fruit which trees produce during shemittah.
We must make a change in order to demonstrate that it is considered ownerless
[rather than the owner's personal property].
The
source of this prohibition is G‑d's statement, "Do not gather the grapes on your unpruned
vines."
Our
Sages explain: "You may not gather them as gatherers
do normally." Based on this principle, they said: "Figs which grew during shemittah may not be cut with the normal
fig-knife, only with a regular knife. Grapes may not be crushed in a
wine-press, only in a trough. Olives may not be prepared in a bad or a kutbi, but they may be crushed and placed in a bodeidah.
The
details of this mitzvah and the one
which precedes it are explained in tractate Sh'vi'is.
Positive Commandment 134 (Digest)
Rendering Fields Ownerless during the Sabbatical Year
"But [during] the seventh year you shall let it rest and abandon it"—Exodus 23:11.
We are commanded to render ownerless all that the land produces during the Shemitah (Sabbatical) Year, making all the fields' output free for all to take.
This mitzvah, according to biblical law, applies only to the produce of the Land of Israel.
The
134th mitzvah is that we are
commanded to disown everything which the land produces during the shemittah year; to release everything
which grows on our property for the use of any living creature.
The
source of this commandment is G‑d's statement, "During the seventh year, you must let it be
public and withdraw from it."
The
Mechilta [D'Rashbi] says: "Grapes and
olives were already included [in the general command]. Why were they singled
out? To make a comparison — just as
grapes, which are covered by the positive commandment, also have a prohibition,
so too everything covered by the positive commandment also has a prohibition."
I
will explain the meaning of this statement. The verse, "During the seventh
year, you must let it be public and withdraw from it" includes the release of
everything which grows during shemittah:
grapes, figs, peaches, pomegranates, wheat, barley, etc. Therefore the release
of all produce is a positive commandment. Afterwards, the verse continues,
"This also applies to your vineyard and your olive grove." But they were
already included in this commandment, which covered everything which grows from
the ground! [Our Sages therefore explain that] grapes and olives are mentioned
separately because there is a special verse which explicitly creates a prohibition on grapes: "Do not gather the
grapes on your unpruned vines." [The comparison therefore teaches us that] just
as releasing grapes is a positive commandment, and holding them is a
prohibition, so too anything which grows during shemittah — which,
as explained above, there is a positive commandment to release — there is a prohibition to hold. Therefore the
law regarding olives is identical to that regarding grapes — there is a positive commandment and a
prohibition; and other types of produce have the same law as olives.
From
the above discussion it is clear that the release of produce which grows during
shemittah counts as a positive
commandment.
The
details of this mitzvah are explained
in tractate Sh'vi'is. It is a
Biblical commandment only for produce of Eretz Yisrael.
Positive Commandment 141 (Digest)
Forgoing Loans on the Sabbatical Year
"But if you have any claim against your brother, you must relinquish it"—Deuteronomy 15:3.
During the Shemitah (Sabbatical) Year, we are commanded to cancel any debts owed to us [by fellow Jews].
Biblically, this mitzvah only applies when the Jubilee laws regulating agricultural are in effect (see The Jubilee Year).
The
141st mitzvah is that we are
commanded to cancel during the shemittah
year all debts that we are owed.
The
source of this commandment is G‑d's statement, "If you have any claim against your brother
for a debt, you must relinquish it." This commandment is repeated in the verse, "The idea of the shemittah year is that every creditor shall remit any debt [owed by
his neighbor]."
The
Tosefta says: "Scripture speaks of two types of shemittah (release) — one
regarding land and one regarding money."
The
mitzvah of releasing debts is only a
Biblical commandment when the mitzvah
of shemittah of the land is in effect
— at which time it applies everywhere.
The
details of this mitzvah are explained
in the last chapter of tractate Sh'vi'is.
Negative Commandment 230 (Digest)
Collecting Debts following the Sabbatical Year
"Every creditor that lends anything to his neighbor shall release it"—Deuteronomy 15:2.
We are forbidden from demanding payment of a debt once the Shemitah (Sabbatical) Year has passed. Rather, all debts must be cancelled.
This biblical prohibition applies only in the Land of Israel, and only when the Jubilee laws regulating agriculture are in effect (see The Jubilee Year). The Sages, however, extended this prohibition to apply to all locations and all times.
The
230th prohibition is that we are forbidden from collecting debts in the shemittah year; they must be completely
released.
The
source of this prohibition is G‑d's statement, "Every creditor shall remit any debt owed by
his neighbor. He may not collect from his neighbor or his brother."
This
is a Biblical commandment only in Eretz Yisrael when the mitzvah of shemittah of
the land — i.e., the
jubilee year — is in
effect. However, there is a Rabbinic prohibition in effect at all times and in
all places. Therefore, one may not collect a debt once the shemittah year has passed; it must be released.
The
details of this mitzvah are explained
in the end of tractate Sh'vi'is.
Negative Commandment 231 (Digest)
Refusing to Lend Money in Anticipation of the Sabbatical Year
"Beware lest there be an [unworthy thought in your heart...]"—Deuteronomy 15:9.
It is forbidden to refuse to lend money to another before the advent of the Shemitah (Sabbatical) Year, for fear that the debt will be cancelled.
The
231st prohibition is that we are forbidden from not lending money to one
another with the intention of avoiding its release in the shemittah year.
The
Torah prohibited us from having this concern in the verse, "Be very careful lest you...[say to yourself,
'the seventh year is approaching, and it will be the shemittah year.']"
The
Sifri says: "The expressions 'hishomer' ("be very careful") and 'pen yi'hiyeh' ("lest") indicate
prohibitions." This means that the usage of both expressions regarding this mitzvah gives added emphasis.
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