Discover this podcast and so much more

Podcasts are free to enjoy without a subscription. We also offer ebooks, audiobooks, and so much more for just $11.99/month.

Misva #340: Returning Land on Yobel (the Jubilee)

Misva #340: Returning Land on Yobel (the Jubilee)

FromSefer Hachinuch


Misva #340: Returning Land on Yobel (the Jubilee)

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Dec 5, 2022
Format:
Podcast episode

Description

The Torah in Parashat Behar (Vayikra 25:24) commands, “Ge’ula Titnenu La’aretz” – literally, “You shall grant the land redemption.” This refers to the requirement to return purchased property to its original owner on the Yobel – the “jubilee” observed every fifty years. The buyer must return the land to the original owner free of charge, without receiving any money in return. The reason underlying this command, as the Sefer Ha’hinuch already explained in the context of an earlier Yobel-related Misva, is that it reminds us that G-d created the world and it belongs exclusively to Him. By forcing buyers to return the purchased land to the original owners, the Torah reminds us that G-d exerts ultimate control over the entire earth. This awareness will deter us from stealing or taking other people’s possessions unlawfully, as we will recognize that G-d exerts complete control over the earth, and will thus take away whatever we have that does not rightfully belong to us. An important exception to this requirement is the case of “Bet Areh Homa” – a house in walled city. The Torah establishes that if such a house is sold, the buyer is allowed to buy it back within the first year after the sale, and if he does not, then the house remains forever with the buyer, and does not return on Yobel. Unlike other properties, which return to their original owner in Yobel, a house in a walled city which is not bought back within a year of the sale remains in the buyer’s possession forever, and does not have to be returned on the Yobel year. The Sefer Ha’hinuch writes that if the buyer sells the house to somebody else within a year of buying it, the original owner nevertheless has a year from the time of the original sale to buy it back. The second transaction does not “restart the clock,” so-to-speak, and the buyer can repurchase the home only until a year has passed from the time he sold it. The Sefer Ha’hinuch explains that the one-year limit is imposed as a penalty, of sorts, upon the seller, to discourage people from selling homes in Eretz Yisrael. Accordingly, even if the buyer then sells the property to somebody else, there is no reason to extend the strict deadline by which the original owner must buy the property back if he so wishes. If, on the day the year ends, the buyer is not present to receive the money from the seller who wishes to repurchase the home, then he may give the money to Bet Din, and then break into the house to take it over. Since the buyer is not in the area, the seller is allowed to buy the house back by force. If the Yobel begins within the first year after the house was sold, the house is not returned, and its status is unaffected by the onset of Yobel. The seller still has an entire year to buy it back, and if he does not, then it remains forever in the buyer’s ownership. The law of Bet Areh Homa does not apply in the city of Jerusalem, even though it is a walled city. The city of Jerusalem is considered the property of the entire Jewish Nation, and so it is excluded from the rules of Bet Areh Homa. When it comes to a field that is sold, the seller does not have the right to repurchase it within the first two years after the transaction. After two years have passed, he may purchase it whenever he wishes, and if he does not, then he receives it back on Yobel. The Ramban explains that since a field is a source of Parnasa (livelihood), the Torah allowed the seller to buy it back, even many years later, as he likely depends on the field for his sustenance. A house, however, is not a source of sustenance, and so the Torah did not entitle the seller of a house to buy it back, and did not require that it be returned in Yobel. However, since it is embarrassing to sell a home, the Torah granted the seller the right to buy it back during the first year. Once a year has passed, the seller has presumably settled into his new residence, and so he no longer enjoys the right to buy back the home. This Misva applies to both men and
Released:
Dec 5, 2022
Format:
Podcast episode

Titles in the series (100)

Sefer Hachinuch Daily - delivered directly to your computer and/or mobile device