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Misva #339: Permanent Sales of Land in Eretz Yisrael

Misva #339: Permanent Sales of Land in Eretz Yisrael

FromSefer Hachinuch


Misva #339: Permanent Sales of Land in Eretz Yisrael

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Dec 2, 2022
Format:
Podcast episode

Description

The Torah commands in Parashat Behar (Vayikra 25:23), “Ve’ha’aretz Lo Timacher Li’tzmitut” – that lands in Eretz Yisrael may not be sold permanently. The precise definition of this command requires some explanation. The law of Yobel establishes that properties which are sold in the Land of Israel return to their original owners in the Yobel – the jubilee year. Thus, it is Halachically impossible to sell a piece of land permanently in Eretz Yisrael, because any land which is sold automatically returns to its owner in Yobel. What, then, is the meaning of this prohibition? The Rambam understood that the Torah here forbids making such a sale despite the fact that the land is not sold permanently. According to the Rambam, the Torah here forbids the very attempt to permanently sell a piece of property. Even though this transaction does not, in fact, result in the permanent sale of the property, as it returns to the original owner in Yobel despite the explicit condition that the sale should be permanent, nevertheless, trying to make a permanent sell violates this prohibition. The Ramban disagrees with the Rambam’s understanding, arguing that the Torah would not forbid a sale that is not permanent just because the attempt was made to sell the land permanently. In the Ramban’s view, it is inconceivable that the Torah would prohibit the attempt to do something which legally cannot be done. The Ramban therefore explains that the Torah here forbids selling land to somebody who cannot be trusted to return it to the original owner in Yobel – such as a gentile, who does not, quite obviously, abide by the laws of Yobel. This kind of transaction results in the permanent sale of land, and thus, according to the Ramban, this is what the Torah forbids when it commands not to permanently sell land in Eretz Yisrael. Interestingly, if a buyer and seller agreed that the transaction should take effect for a specified period of time, then their agreement is binding, even if this period of time extends beyond Yobel. For example, if they stipulated that the transaction would take effect for sixty years, then the stipulation is binding, and the land returns to the seller only sixty years later, and not during Yobel. Since a particular duration of time was specified, the condition is binding. This is in contrast to a sale regarding which no stipulation was made, or which was made on condition that it should be permanent, which is subject to the laws of Yobel. In either case – if the sale was made without any condition, or if the sale was made on condition that it will be permanent – the land returns to the seller on Yobel. This command is binding upon both men and women, and it applies only in the Land of Israel, and only when the laws of Yobel apply – meaning, when the majority of the Jewish Nation resides in the Land of Israel. If land is sold on the condition that the sale is permanent, then, according to the Rambam, both the buyer and seller violate this prohibition, even though the land returns to the seller during Yobel despite their condition. And if the sale was done through an action, they are both liable to Malkut. According to the Ramban, the buyer and seller in such a case do nothing wrong at all. In his view, one violates this command by selling land in Eretz Yisrael to a gentile, who will not return it during Yobel, as discussed.
Released:
Dec 2, 2022
Format:
Podcast episode

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