הלכות ערכים וחרמין

A field which a person inherited from his testators is called "an ancestral field." One that he purchased or acquired is called "purchased property." When a person consecrates an ancestral field, it is measured and its airech is the fixed airech prescribed by the Torah. (positive commandment 117) and Sefer HaChinuch (mitzvah 355) include the commandment to deal with the consecration of a field as one of the 613 mitzvot of the Torah. These laws apply only in Eretz Yisrael (Hilchot Bikkurim 1:6), but not in the Diaspora and only during the time the Jubilee year is observed (Chapter 5, Halachah 1; Hilchot Shemitah V'Yovel 10:9).

How much is that? For every place where it is fit to sow a chomerof barley, 3:2). sowing it by hand 25a makes this distinction, differentiating between a field that is sown by hand or sown by leading an animal with an open bag of seed through the field. without sowing it too closely or to distantly, its airech is 50 shekel for all the years of the Jubilee. is given for every year individually. We calculate the number of years left until the Jubilee and divide the sum of 50 shekalim accordingly. The yovel is not counted. [This applies] whether one is consecrating a good field which has no parallel in Eretz Yisrael or a poor field which has none as bad as it. [The above] is the airech for it.

We have already explained in Hilchot Shekalim 1:2-3; see Chapter 1, Halachah 4. that the shekel referred to by the Torah was called a sela in our Sages' terminology and a gerah referred to by the Torah was called a ma'ah in our Sages' terminology.
They added to the value of a shekel, making it equivalent to a sela. is equivalent to 384 barley corns of silver. A sela is equivalent to four dinarim. A dinar is equivalent to six ma'yin. And a ma'ah is equivalent to two pundiyonin.
Thus [the airech for] each year is a sela and a pundiyon. into 49 years. Although a sela is 48 pundiyonin, when one gives pundiyonin to purchase a sela from a money-changer, one gives 49.

A chomer is equivalent to a kor which is equivalent to two letachim. A letach is fifteen se'ah. is 8.3 liter in modern measure according to Shiurei Torah and 16.2 liter according to Chazon Ish. Thus a letach is equivalent to 30 se'ah which are ten efot, for an efah is three se'ah. We already explained in Hilchot Shabbat 16:3. that a place with an area of 50 cubits by 50 cubits is called a beit se'ah, because a se'ah can be sown in it.
Thus a place with an area of 75000 sq. cubits, i.e., a square approximately 274 cubits by 274 cubits. This is a beit kor in which a chomer of barley can be sown.

What is the manner in which the arechim of fields are calculated? If a person consecrated his ancestral field when eight years remain until the Jubilee - not including the Jubilee, as we explained - whoever desires to redeem it from the domain of the Temple treasury must give eight selaim and eight pundiyonin for every portion in which a chomer of barley can be sown.
If the [prior] owners desire to redeem it, they must give ten selaim and ten pundiyonin [for every portion of that size], for owners add a fifth.." Similarly, whenever the Torah mentions a fifth, the intent is that the principal and the addition will be [a multiple of] five. 10:26; Hilchot Ma'aser Sheni 5:1. Thus he adds a fourth of the principle. Similarly, if the wife of the one who consecrated it or one of his heirs redeems it, they must add a fifth. states that this refers to a heir redeeming the field after his testator's death, but not during his lifetime. A person's wife, however, must add a fifth even during her husband's lifetime, for they are considered as a single entity.

If four years remain until the Jubilee, the one who redeems it must give four selaim and four pundiyonin for every [portion in which a] chomer [of barley can be sown]. If the owners redeem it, they must pay five. and five pundiyonin. Similarly, we calculate the sum [of every field dedicated based on multiples of] a sela and a pundiyon. One may not pay the sum year by year. Instead, it must be paid all at once.

If there remains only a year between [the time the field was consecrated] and the Jubilee, one cannot redeem it by paying a sela and a pundiyon, as [implied by Leviticus 27:18]: "And the priest shall calculate for him [the amount to be paid] according to the years that remain." [The use of the plural indicates] that the field cannot be redeemed by [the payment of] a reduced amount of silver means "the subtraction of silver," i.e., we subtract the sum due for the years of the Jubilee cycle that have already passed from the sum of fifty shekel. See Leviticus 26:18.
The Rambam uses this wording because, as stated in Halachah 9, if the person desires to pay the full 50 shekelim, he may redeem the field even if less than a year remains to the Jubilee. except two or more years before the Jubilee.

If there remains a year and [several] months between [the time the field was consecrated] and the Jubilee and the Temple treasurer desires to calculate the months as a year so that [the donor] will give two shekelim and two pundiyonin for every [portion in which a] chomer [of barley] can be sown, this is permissible. 25a, it is illogical to say so. If the field is not redeemed by its owner before the Jubilee, he must pay 50 shekel a measure to redeem it in the Jubilee. If he does not redeem it, it is given to the priests who are required to pay its fair value (see Halachah 19). Thus the Temple treasury will almost certainly be losing by allowing the person to redeem it for the 2 year amount. Why then would the Temple treasurer be allowed to do so?
The Kessef Mishneh notes the Ra'avad's logic, but states that this is the new concept taught: that even if it is not to the benefit of the Temple treasury, the treasurer may make such a decision. The Radbaz states that the law applies in an instance when there will be a benefit to the Temple treasury to enable the property to be redeemed in this manner. [The rationale is that] we do not calculate months with regard to consecrated articles, as [indicated by the prooftext]: "According to the years that remain." [Implied is that one] should calculate years with regard to consecrated property, but one does not calculate months.

Accordingly, it is not appropriate for a person to consecrate his field less than two years before the Jubilee. If he does consecrate it, it is consecrated and it cannot be redeemed by [paying] a reduced amount of silver. Instead, if the one redeeming it is willing to pay 50 shekel for [each parcel in which] a chomer [can be sown], he may redeem it. If not, it is given to the priests in the Jubilee year, as will be explained.

When a person consecrates his field in the Jubilee year itself, it is not consecrated. 25b. Shmuel interprets Leviticus 27:17 as excluding fields consecrated in the Jubilee itself. Rav differs. Significantly, although here the Rambam follows the opinion of Shmuel, in his Commentary to the Mishnah (Arachin 7:1), he originally follows Rav's view, as indicated by the standard published version. Rav Kapach maintains that the manuscript copies of the Commentary to the Mishnah reflect a change of view and as in the text here, he follows Shmuel's view. If a priest or a Levite consecrate [their property] in the Jubilee itself, it is consecrated. 13:7.

When a person consecrates his field after the Jubilee year, it is not redeemed by [paying] a reduced amount of silver until the completion of a year after the Jubilee, because we do not calculate months with regard to consecrated property. Therefore if the one redeeming it is willing to pay 50 shekel for [each parcel in which] a chomer can be sown, he may redeem it even on the day after the Jubilee year. He does not reduce its price at all.

When [a field] is measured, we measure only those places fit to be sown. If there are stones that are ten [handbreadths] high or hollows filled with water that are ten handbreadths deep, they are not measured with it. If they are less than this, they are measured with it. 25a).

If there are hollows that are ten handbreadths or more deep that do not contain water, they are measured independently and calculated according to their worth. 25a, it appears that such patches of land are measured together with the field. The Radbaz and the Kessef Mishneh explain that the Talmud is stating that they are consecrated, but that they are considered as independent from the field. Hence, rather than be measured according to the standard value, they are measured according to their worth.

[If the consecrated field] contains trees, the trees are consecrated even if [the donor] did not say so explicitly. [The rationale is that] when a person consecrates property, he does so with a generous spirit. We calculate the worth of the trees [and add that to the sum arrived at by] measuring the land and placing its airech at a sela and a pundiyon for every [parcel in which] a chomer can be sown, as we explained.

When a person consecrates a field that is not fit to be sown and is referred to as rocky terrain, it is redeemed for its value. for fields at large do not apply to it. Instead, it is considered as an ordinary vow. Similarly, if a person consecrates trees alone, they are redeemed according to their value.

If there were three trees 14a. The standard printed text of that source reads differently. planted in an area large enough to sow a se'ah and [the donor] did not explicitly say that he was consecrating only the trees, he is considered to have consecrated the land of the field, as stated in Halachah 15. The rationale for this ruling is evident from Hilchot Shemitah V'Yoval 3:2; Hilchot Bikkurim 2:13: Once trees have grown, they need this much land to be maintained. Hence when one sells the trees, he is considered to have sold the land with them and when he consecrates the trees, he consecrates the land with them. and the [small] trees between [the three larger ones]. If, however, the trees were planted [more sparsely - i.e.,] every three or less trees were planted in more than the area large enough to sow a se'ah or he consecrated [each of the trees individually,] one after the other, he did not consecrate the land or the [small] trees between [the larger ones].

When a person consecrates an ancestral field and the Jubilee arrives without it being redeemed, but instead, it has remained in the domain of the Temple treasury, the priests [of the watch in which the Jubilee falls] must pay its airech states that the Rambam shares the understanding of Rashi (Arachin 25b) who maintains that the priests pay the standard amount for a beit kor. and it becomes their ancestral heritage. [They are required to pay, because] consecrated property is never released without being redeemed. The money paid is given to the Temple treasury for improvements to its structure.

If the person who consecrated it redeemed it before the Jubilee, it returns to its owner [in the Jubilee]., ch. 11) that an ancestral field which is sold returns to its owner in the Jubilee year. The Ra'avad questions the Rambam's wording, for since the donor redeemed the field, it need not return to him in the Jubilee; it is in his possession. The Radbaz explains that the intent is that even if the donor gave the money, but did not take possession before the beginning of the Jubilee, the field returns to him in the Jubilee. The fact that he consecrated it does not cause it to be removed from the category of an ancestral field. The Kessef Mishneh states that the Rambam is using wording that will enable the different clauses of the halachah to appear similar. The airech which he pays is given for improvements to the Temple, as we have explained. Similarly, if the son of the person who consecrated it redeemed it, it returns to his father in the Jubilee. 25b). If, however, his daughter, another relative, or an unrelated person redeemed it, [different laws apply]. If the person who consecrated it redeems it from them, it returns to him at all times [before the Jubilee year]. 7:3 and his interpretation in his Commentary to the Mishnah. The standard printed text of Arachin 25a differs, however, and states that the field is given to the priests in such an instance. The Ra'avad notes the existence of the two versions of the source. If, however, he did not redeem it from their possession and when the Jubilee arrived it is in the possession of the daughter, another relative, or an unrelated person, it is expropriated from them [and becomes the property of] the Temple treasury. It never returns to its owners again. Instead, it becomes the ancestral property of the priests, as [Leviticus 27:21] states: "When the field departs [from the purchaser's domain] in the Jubilee, it shall become the priests." The priests do not have to pay its value, because it was already redeemed from the Temple treasury and [the Temple treasury] received its airech from another person. Hence, it is returned to the priests as if they are its owners.

To whom does the above apply? To an Israelite. If, however, the person who consecrated the field was a priest or a Levite, he may redeem it at all times. Even if the Jubilee passed and it was not redeemed from the Temple treasury, he may redeem it after the Jubilee, as [Leviticus 25:32] states: "The Levites have an eternal right of redemption."

When a woman consecrated her ancestral field, her husband redeemed it from the Temple treasury, and it is in his possession when the Jubilee arrives, there is an unresolved question whether it returns to the woman or it is given to the priests. Therefore if the woman came first and took possession of it after the arrival of the Jubilee, the priests cannot expropriate it from her domain. If the priests took possession of it first, she cannot expropriate it from their possession. questions the Ra'avad's ruling, stating that since the Talmud (Arachin 25b) left the matter unresolved, it is not appropriate for the Ra'avad to resolve it by logic. The Radbaz adds that the husband (as his wife's agent) must intend to acquire the field and it is possible to work a field without having this intent.

If a person consecrated a field and a priest redeemed it from the Temple treasury and it is in his domain when the Jubilee arrives, he should not say: "Since it is expropriated for the sake of the priests and it is in my possession, I should acquire it." Instead, it is given to all of his brethren, the priestly family.

When it is expropriated on behalf of the priests in the Jubilee, it should be given to those priests in the watch 4:3). Thus over the course of the years, there is a revolution of the times when each of the priestly watches serve. in which the Jubilee begins. If the Rosh HaShanah of the Jubilee falls on the Sabbath and thus one watch will enter and one will depart, 4:9. it should be given to the watch which departs.

When a person consecrates trees and the Jubilee arrives without him having redeemed them, they are not expropriated [and given] to the priests, for [Leviticus 27:21] states: "When the field is expropriated in the Jubilee... [it shall become the priests]." [Trees,] however, are not a field. If, however, a person consecrates rocky terrain and the Jubilee arrives without it being redeemed, it is expropriated [and given] to the priests, for [the prooftext] states "And the field shall..." and this is called a field.

What are the laws that apply when a person consecrates purchased property? Its worth is evaluated and we see what its value will be 26b), he states that it is redeemed according to its worth. until the Jubilee. Anyone who desires may redeem it. If the person who consecrated it redeems it, he is not required to add a fifth. The redemption is given for the purpose of improvements to the Temple as are other arechim and pledges of worth.
When the Jubilee arrives, it returns to its original owner who sold it. [This applies] whether it was redeemed from the Temple treasurer and it is departing from the domain of another person or whether it was not redeemed and it is departing from the domain of the Temple treasury, it returns to the seller and is not expropriated for the priests. [The rationale is that] a person cannot consecrate an article that is not his. 7:4).

Whenever a field is evaluated for the Temple treasury so that it can be sold for its worth, we announce its sale for 60 consecutive days in the morning when workers come to work and in the evening when they leave. We mark its boundaries and say how much it produces and what is it worth. Whoever wishes to purchase it may come and purchase it.

[The following laws apply when a person] purchases a field from his father or from another person from whom he could inherit it and consecrates it to the Temple treasury. Whether he consecrated it after the death of his father or the other testator or he consecrated it during the lifetime of his father or the other testator and then his father [or that testator] died, it is considered as an ancestral field. [This is derived from Leviticus 27:22:] "[If he will consecrate] a field that he acquired which is not an ancestral field...." [Implied is that the subject is] a field that is not fit to be an ancestral field, thus excluding this one which is fit for him to inherit., ch. 11, where more details concerning ancestral fields and purchased property are discussed.