הלכות שמיטה ויובל

Just as it is forbidden to work the land in the Sabbatical year,1As stated in Chapter 1. so too, it is forbidden to reinforce the hands of the Jews who do till it2They should not be given verbal encouragement. Needless to say, they should not be given assistance. Compare to Halachah 8. or to sell them farming tools, for it is forbidden to strengthen the hands of transgressors.3In this context, the Rambam writes in his Commentary to the Mishnah (Sh'vi'it 5:6):God declared (Leviticus 19:14 : "Do not place a stumbling block before the blind." The intent is that when someone has been blinded by desire and his bad character traits should not be assisted in his blindness to add to his warped conduct.

These are the utensils which a craftsman is not permitted to sell in the Sabbatical year to someone who is suspect [to violate the laws of] the Sabbatical year:4One may, however, sell these utensils to someone who is not suspect of violating the laws of the Sabbatical year, as stated in Halachah 4. a plow and all of its accessories, a yoke [for a team of oxen], a winnowing fork, and a mattock.5A long pronged tool. This is the general principle: Any [utensil] that is exclusively used for a type of work that is forbidden in the Sabbatical year is forbidden to be sold to a person suspect [to violate the laws of] the Sabbatical year. [If it is used for] a type of work that may be forbidden or which might be permitted, it is permitted to be sold to a person suspect [to violate the laws of] the Sabbatical year.6As long as there is a possibility that the person will use it for a permitted purpose, we assume that this is his intent (Avodah Zarah 15b).

What is implied? He may sell him a sickle and a wagon and all of its accessories. For if he uses it to harvest a small amount of produce and he brings a small amount of produce on the wagon, it is permitted.7See Chapter 4, Halachot 1, 24. If, however, he harvests in the ordinary manner of reapers or brings all the produce of his field, it is forbidden.8See Chapter 4, Halachot 1, 24.

It is permissible to sell [a utensil] - even one which is exclusively used for tasks forbidden in the Sabbatical year - to someone who is not suspect [to violate the laws of] the Sabbatical year9The person does not have to establish a reputation as an observer of the Sabbatical year. As long as he is not known to violate its laws, one may sell to him. without any stipulations, because it is possible that he purchased the article in the Sabbatical year to perform work [with it] after the Sabbatical year.

A potter may sell a person five jugs for oil and fifteen jugs for wine.10For these are the amounts each person is permitted to store (Chapter 4, Halachah 24). It is permitted to sell a larger amount to a gentile.11Even in Eretz Yisrael (Sh'vi'it 5:7). One need not suspect that perhaps he will sell them to a Jew. One may sell many jugs to a Jew in the Diaspora. One need not suspect that perhaps he will bring them to Eretz [Yisrael].12To sell there. In both these instances, since it is possible that the Sabbatical laws will not be broken, we do not suspect that they will [the Rambam's Commentary to the Mishnah (Sh'vi'it 5:7)].

One may sell a cow that plows to a person suspect [to violate the laws of the Sabbatical year] in the Sabbatical year, because it is possible to slaughter it. One may sell such a person a field, for it is possible that he will leave it fallow.13As an agricultural measure, without considering the holiness of the Sabbatical year. He may not, however, sell him an orchard unless he stipulates that [the purchaser] does not have a share in the trees' [produce].14For otherwise, the person will certainly violate the laws of the Sabbatical year, by harvesting all the fruit of the orchard. He may lend him [a measure of] a se'ah even though he knows that he has a granary,15Where he could measure the produce of the Sabbatical year. As mentioned in Chapter 6, Halachah 3, one should not measure the produce of the Sabbatical year. Even when selling it, one should sell it by estimation. because he might use it to measure in his house. And he may exchange money for him even though he knows that he has workers [employed in violation of the laws of the Sabbatical year]. In all these instances, [if the purchaser states] explicitly [that he is intending to use the article in violation of the laws of the Sabbatical year, it] is forbidden.16For then his actions would obviously be considering as rendering assistance to the violation of the laws of the Sabbatical year.

Similarly, a woman may lend a sifter, a sieve, a mill, and an oven to a friend who is suspect [to violate the prohibitions of the Sabbatical year],17The Mishnah (Sh'vi'it 5:9) states that these leniencies are granted only "because of darchei shalom ('the paths of peace')," i.e., to establish unity and brotherhood among the Jewish people. but she may not sift or grind with her.18For it is logical to assume that the other woman would be using the produce of the Sabbatical year and working with her would be considered as encouragement.

We may encourage the gentiles [working] in the Sabbatical year, but only verbally. For example, if one sees one plowing or sowing, he should tell him: "Be strong," "Be successful," or the like, because they are not commanded to let the land rest. One may not physically assist them.19Even in a matter that does not involve the violation of the laws of the Sabbatical year. It is permitted to remove honey from a beehive with them and one may enter a sharecropping agreement with them for land whose ground was broken [in the Sabbatical year],20And thus the Jew will receive some benefit from the work performed by the gentile in the Sabbatical year. for they are not obligated to observe [these restrictions]. [Hence,] they are not penalized [for their violation].21If, by contrast, a Jew breaks the ground of his field in the Sabbatical year, it is forbidden to hire his field from him, as stated in Chapter 1, Halachah 13.

In Syria,22Which is not part of Eretz Yisrael and hence, is not covered by the Scriptural prohibitions against work in the Sabbatical year, but where working the land in that year was forbidden by the Rabbis, as stated in Chapter 4, Halachah 27. it is permitted to perform labor with produce that has been harvested,23Even though the produce was grown in the Sabbatical year. but not with produce that is still connected to the earth. What is implied? One may thresh produce, winnow it, squeeze grapes, and make sheaves out of grain,24For all of these activities are permitted even in Eretz Yisrael according to Scriptural Law, it is only Rabbinic Law that prohibits them. but one may not harvest grain, grapes, olives, or perform any similar activities.

Just as it is forbidden to engage in business transactions with the produce of the Sabbatical year25Chapter 6, Halachah 1. or to store them [until after the obligation of biyur has been incurred],26The bracketed addition is based on the gloss of the Radbaz. Alternatively, to guard the produce in his field so that it will not be taken during the Sabbatical year (Kin'at Eliyahu). so too, it is forbidden to purchase them from a common person. [The rationale is that] we do not give even the slightest amount of money exchanged for the produce of the Sabbatical year27For when one pays for the produce, the holiness of the produce is transferred to the money, as explained in Chapter 6, Halachot 6-7. to a common person, lest he not partake of [food purchased with it] in a manner that befits the holiness of the Sabbatical year.28Thus by purchasing the produce and giving him money, one would be - at least indirectly - causing him to violate the prohibitions of the Sabbatical year. Although in many of the instances mentioned in the previous halachot, we followed the principle that as long as there was a possibility that he would not transgress, we do not restrict transactions with people who might violate the laws of the Sabbatical year, in this instances, it is very likely that a transgression will occur. Hence, we are more stringent.In his Commentary to the Mishnah (Sh'vi'it 9:1), the Rambam mentions a different reason for the prohibition against purchasing fruit from a common person, because he is likely to have harvested them and stored them in violation of the laws of the Sabbatical year.

When a person purchases a lulav from a common person in the Sabbatical year,29I.e., a lulav to use for the fulfillment of the mitzvah on Sukkot. This sale is permissible, because the laws of the Sabbatical year do not apply to a lulav, for it is part of the tree and not a fruit [the Rambam's Commentary to the Mishnah (Sukkah 3:9)]. he should give him an esrog30Which is a fruit and hence, may not be sold. as a present. If he does not give it to him,31But instead, desires payment. he should have the price of the esrog included in the price of the lulav.32And thus, he will be paying for the lulav and not for the esrog.

When does the above33Prohibition against purchasing even the slightest amount of produce from a common person. apply? When a person sells types of fruit that are usually protected, e.g., figs, pomegranates, or the like. If, however, he sells fruit which we could assume is ownerless, e.g., rue, amaranth, moss rose, coriander34Both of these are fragrant herbs. Our translation is taken from Rav Kappach's notes to the Rambam's Commentary to the Mishnah (Sh'vi'it 9:1). and the like, it is permitted to purchase from them a small amount, merely the worth of three meals. [This leniency was granted to allow] the seller to earn his livelihood.35These fruits and herbs grew naturally and are not cultivated. Hence, we do not assume that the person stored them away and therefore there is room for limited leniency (Radbaz).

Similarly, any species from which the tithes are not obligated to be separated, e.g., exceedingly powerful garlic, the onions of Rikpah,36Which are also very pungent tasting. Our definition of terms is taken from the Rambam's Commentary to the Mishnah (Ma'aserot 5:9). a pearled Cilcilian bean, Egyptian lentils,37These types of beans and lentils are of abnormal shape and grow wild (ibid.). and the like, and also the seeds of plants when [the seeds] are not eaten, e.g., those of turnips, radishes, and the like, may be purchased from any person in the Sabbatical year.38Since these species are not usually eaten as food, they are not bound by the Scriptural prohibitions of terumah and the tithes (Hilchot Terumah 2:3). Hence there is also room for leniency with regard to the Sabbatical year.

When does the above apply? To an ordinary common person.39Whose reputation vis-à-vis the observance of the Sabbatical year has not been established. When, however, one is suspect to carry out transactions with the produce of the Sabbatical year or to guard his produce and sell it, we may not purchase anything from him that has any connection to the Sabbatical year. [Similarly,] we may not purchase flax - even combed out flax40The reason that it is forbidden to purchase flax from such a person is that flax seeds are sometimes considered as food. Even though the flax has been combed to some degree, there is still the possibility that it contains some seeds that are useful as food. - from him. One may, however, purchase [flax] that has been spun and twisted [into threads].41At this stage of processing, the flax will never be used as food.

A person who is suspect [to sell produce of] the Sabbatical year is not necessarily considered as suspect to [sell produce of the second] tithe. [Similarly,] one who is suspect [to sell produce of the second] tithe is not necessarily considered as suspect [to sell produce of] the Sabbatical year even though they are both Scriptural commandments.42As the Rambam states in his Commentary to the Mishnah (Bechorot 4:10), generally when two prohibitions are of the same degree of severity, if one is considered suspect to violate one, he is considered as suspect to violate the other. Nevertheless, this instance is an exception for the reasons stated by the Rambam. [The rationale is that each possesses a stringency which the other lacks.] The [second] tithe must be brought to [Jerusalem]43Literally, the Rambam's words mean "the place," recalling Deuteronomy 12:11: "the place which God... will choose to cause His name to dwell." See Hilchot Ma'aser Sheni 2:1. This stringency does not apply with regard to the produce of the Sabbatical year which can be eaten in any place. and this does not apply with regard to [the produce of] the Sabbatical year. [Conversely, the produce of] the Sabbatical year cannot be redeemed44I.e., even after its redemption, it remains holy (Chapter 6, Halachah 6). In contrast, once the produce of the second tithe is redeemed, it is considered as ordinary produce (Hilchot Ma'aser Sheni 4:1). and this does not apply with regard to [the produce of] the second tithe.

A person who is suspect [of selling impure food as if it were] ritually pure is not suspect [to sell produce of the second] tithe or [that of] the Sabbatical year. For the impure food that was sold as being ritually pure imparts impurity to others only according to Rabbinic Law45As stated in Hilchot Sha'ar Avot HaTumah 8:10. and one who is suspect [of causing the transgression] of Rabbinic Law is not suspect [of causing the violation] of Scriptural Law.46Since the Scriptural prohibitions are more severe, we assume that the person will respect them.

Whenever a person is suspect [of selling entities in violation of a prohibition], even though his word is not accepted with regard to his own property, his word is accepted with regard to [the property of] others. We operate under the assumption that a person will not violate a prohibition for the sake of others. Therefore even though a person is suspect with regard to a given [prohibition], he may judge and offer testimony regarding this matter.47As stated in the notes to Hilchot Ma'aser 12:17, the Ra'avad does not accept this principle and maintains that if someone is considered as suspect regarding a particular issue, he is not accepted as a judge or witness concerning such matters. The Kessef Mishneh supports the Rambam's view.

Priests are considered suspect with regard to [the prohibitions of] the Sabbatical year.48I.e., we fear that they will not remove the produce of the Sabbatical year from their possession at the time of biyur, but instead will store it and sell it afterwards. [The reason is that] they rationalize their conduct saying: Since the terumot are permitted to us even though they are forbidden to non-priests [and this violation is punishable] by death,49At the hand of heaven (Hilchot Terumah 6:5-6. certainly, the produce of the Sabbatical year is permitted to us.Therefore when a se'ah of terumah falls into 100 se'ah of the produce of the Sabbatical year, a se'ah should be separated.50And given to the priests. They must partake of it as if it were terumah, as stated in ibid. 13:1. As explained there, this act is necessary in order to enable non-priests to partake of the entire mixture. And since we permit the entire mixture to non-priests, we do not suspect that the priests will keep the produce beyond the biyur. If it fell into less than 100 se'ah, the entire mixture should be left to rot instead of being sold to priests as other produce which is miduma,51As stated in ibid. 13:2, when terumah falls into less than 100 se'ah of ordinary produce, the presence of the terumah is not nullified. Instead, the entire mixture is considered as miduma and is sold to the priests as if it were terumah (which is sold at a significantly lower price than ordinary produce). In this instance, we do not follow that ruling, because of the suspicion stated by the Rambam. because they are suspect to violate the prohibitions of the Sabbatical year.

Painters and cattle-raisers52People who fatten animals. may purchase bran53Bran is used to provide body for paint and also to fatten cattle. from any source. They need not suspect it is sefichin of the Sabbatical year.54The rationale is that the prohibition against benefiting from sefichin is only Rabbinic in origin. Hence, we do not employ a safeguard because of a doubtful situation.

In the Sabbatical year, the collectors of the kupah55The city-wide charitable fund to which donations are made for the sustenance of the poor (see Hilchot Matanot Aniyim 9:1). were not careful [to refrain from entering] the courtyards of those who partake [of the sefichin] of the Sabbatical year. If they gave a loaf of bread, it is permitted [for the poor to partake of it].56The Radbaz maintains that this is speaking of individuals whom we merely suspect that they violate the laws of the Sabbatical year. If we know with certainty that they violate those laws, we may not take any produce from them. We do not suspect that perhaps it is from the sefichin of the Sabbatical year.57We do not suspect that a person will do a mitzvah - giving charity - in a manner that will cause a transgression - causing another Jew to violate the laws governing produce of the Sabbatical year [Jerusalem Talmud (Sh'vi'it 8:2)]. For the Jews were not suspect to give [the produce of the Sabbatical year to charity], only money received for the produce of the Sabbatical year or eggs which were purchased with money received for the produce of the Sabbatical year.58In these instances as well, we do not suspect that the person intentionally gave the money received for the produce for the Sabbatical year (or eggs received for that produce). Instead, we suspect that because he was a common person, he was not aware of the relevant laws (Radbaz).It is permitted to borrow the produce59The borrower must have such produce in his possession. Otherwise, it is forbidden to borrow the produce as a safeguard to the prohibition against taking interest (ibid.). of the Sabbatical year from the poor.60This leniency is granted only as consideration for the needs of the poor (ibid.). He may not purchase it from him, for in that instance, the money would become money received for produce of the Sabbatical year. We are afraid that the common person will not purchase food with that money and eat it before the obligation of biyur takes effect. They should be repaid with produce in the eighth year.61They should not be repaid with the produce of the Sabbatical year, because the produce of the Sabbatical year should not be given to a common person. We do not say the produce with which he repays him is produce received for produce of the Sabbatical year, because the exchange was not made in that year.