ו׳
א׳אֵין עוֹשִׂין סְחוֹרָה בְּפֵרוֹת שְׁבִיעִית. וְאִם רָצָה לִמְכֹּר מְעַט מִפֵּרוֹת שְׁבִיעִית מוֹכֵר. וְאוֹתָן הַדָּמִים הֲרֵי הֵן כְּפֵרוֹת שְׁבִיעִית וְיִלָּקַח בָּהֶן מַאֲכָל וְיֵאָכֵל בִּקְדֻשַּׁת שְׁבִיעִית. וְאוֹתוֹ הַפְּרִי הַנִּמְכָּר הֲרֵי הוּא בִּקְדֻשָּׁתוֹ כְּשֶׁהָיָה:
1We may not use the produce of the Sabbatical year for commercial activity.1Avodah Zarah 62a derives this insight from the exegesis of Leviticus 25:6. The fact that the Rambam does not mention that prooftext here has raised a question among the commentaries: Does he consider the prohibition against using the produce of the Sabbatical year as merchandise as Scriptural or Rabbinic in origin? If one desires to sell a small amount2Enough for three meals (Kessef Mishneh). of the produce of the Sabbatical year, he may.3For selling a small amount is not considered as using the produce as merchandise. The money he receives [in return] has the same status as the produce of the Sabbatical year. He should use it to purchase food4For humans (see Chapter 5, Halachah 12). and eat that food according to the restrictions of the holiness of the Sabbatical year.5Sukkah 40b derives this from the exegesis of Leviticus 25:12: "It shall be holy for you." Just as the sanctity of articles that are "holy," consecrated to the Temple, is transferred to the money received for them, so too, the holiness of the produce of the Sabbatical year is transferred to the money received for it. The produce that was sold retains the holiness it possessed previously.6See Halachot 6-7.
ב׳לֹא יִהְיֶה לוֹקֵחַ יַרְקוֹת שָׂדֶה וּמוֹכֵר. וְלֹא יִצְבַּע מִקְּלִפֵּי שְׁבִיעִית בְּשָׂכָר. מִפְּנֵי שֶׁזֶּה עוֹשֶׂה סְחוֹרָה בְּפֵרוֹת שְׁבִיעִית. לָקַח יְרָקוֹת לֶאֱכל וְהוֹתִיר מֻתָּר לִמְכֹּר הַמּוֹתָר וְהַדָּמִים שְׁבִיעִית. וְכֵן אִם לִקֵּט יְרָקוֹת לְעַצְמוֹ וְלָקַח מֵהֶן בְּנוֹ אוֹ בֶּן בִּתּוֹ וּמָכַר הֲרֵי זֶה מֻתָּר וְהַדָּמִים דְּמֵי שְׁבִיעִית:
2[In the Sabbatical year,] one should not reap vegetables from a field7These refer to vegetables that grow under the circumstances described in Chapter 4, Halachah 4, or the like. Otherwise, the vegetables would be forbidden as sifichin. See the gloss of the Kessef Mishneh to Halachah 12. and sell them, nor should one charge a fee for dyeing with shells [from produce] of the Sabbatical year, because this is using the produce of the Sabbatical year for commercial activity.8This is forbidden even if one intends to use the proceeds to purchase food which he will eat according to the requirements of the holiness of the Sabbatical year [the Rambam's Commentary to the Mishnah (Shivi'it 7:3)]. If one reaped vegetables to partake of them and some were left over, he may sell the remainder.9For it is obvious that he gathered the vegetables for his own personal use. The proceeds are considered as the produce of the Sabbatical year. Similarly, if a person reaped vegetables for himself and his son or grandson took some of them and sold them, [the sale] is permitted10Since the person who reaped the produce was not the one who sold it, there is no prohibition involved (Radbaz). and the proceeds are considered as the produce of the Sabbatical year.
ג׳כְּשֶׁמּוֹכְרִין פֵּרוֹת שְׁבִיעִית אֵין מוֹכְרִין אוֹתָן לֹא בְּמִדָּה וְלֹא בְּמִשְׁקָל וְלֹא בְּמִנְיָן. כְּדֵי שֶׁלֹּא יִהְיֶה כְּסוֹחֵר פֵּרוֹת בַּשְּׁבִיעִית. אֶלָּא מוֹכֵר הַמְעַט שֶׁמּוֹכֵר אַכְסָרָה לְהוֹדִיעַ שֶׁהוּא הֶפְקֵר וְלוֹקֵחַ הַדָּמִים לִקְנוֹת בָּהֶן אֹכֶל אַחֵר:
3When the produce of the Sabbatical year is sold, it should not be sold by measure, nor by weight, nor by number, so that it will not appear that one is selling produce in the Sabbatical year. Instead, one should sell a small amount by estimation to make it known that [the produce] is ownerless.11The Radbaz states that one should also sell the produce at a lower price than usual. And the proceeds of the sale should be used to purchase other food.
ד׳וְאוֹגֵד דְּבָרִים שֶׁדַּרְכָּן לְהֵאָגֵד לַבַּיִת לִמְכֹּר בַּשּׁוּק אַכְסָרָה כְּדֶרֶךְ שֶׁאוֹגְדִין לְהָבִיא לַבַּיִת לֹא כְּדֶרֶךְ שֶׁאוֹגְדִין לַשּׁוּק. כְּדֵי שֶׁלֹּא יִהְיֶה כְּמוֹכֵר בְּצִמְצוּם. וּדְבָרִים שֶׁאֵין דַּרְכָּן לְהֵאָגֵד אֶלָּא לַשּׁוּק לֹא יֶאֱגֹד אוֹתָן:
4One may package those entities that are usually packaged to bring home to sell in the market by estimation in the manner that one packages produce to bring home,12When a person packages produce to take home from his field, he is not precise with regard to the amount he takes. not like one packages it for the market13When a person packages produce to sell in the marketplace, he is careful to package an exact amount, so that the sale will be honest.The Ra'avad differs with the Rambam's ruling, maintaining that as long as the type of produce is packaged to bring home, it can be packaged for sale. The Radbaz and the Kessef Mishneh support the Rambam's interpretation, explaining that when produce is packaged for sale, it is possible for an onlooker to appreciate that this is the intent from the way that it is packaged. so that one will not sell in a constrained manner. Produce that is packaged only for the marketplace should not be packaged.
ה׳פֵּרוֹת חוּצָה לָאָרֶץ שֶׁנִּכְנְסוּ לָאָרֶץ לֹא יִהְיוּ נִמְכָּרִים בְּמִדָּה אוֹ בְּמִשְׁקָל אוֹ בְּמִנְיָן. אֶלָּא כְּפֵרוֹת הָאָרֶץ אַכְסָרָה. וְאִם הָיוּ נִכָּרִין שֶׁהֵם מִחוּצָה לָאָרֶץ מֻתָּר:
5Produce from the Diaspora which were brought into Eretz Yisrael should not be sold by measure, nor by weight, nor by number. Instead, they should be sold by estimation like the produce of Eretz Yisrael.14For an onlooker will not understand that the produce is from the Diaspora and will think that the produce of the Sabbatical year is being sold in an ordinary manner. If it was obvious that it was produce from the Diaspora, it is permitted [to sell it in the ordinary manner].
ו׳חֹמֶר בִּשְׁבִיעִית מִבְּהֶקְדֵּשׁ. שֶׁהַפּוֹדֶה אֶת הַהֶקְדֵּשׁ יָצָא הֶקְדֵּשׁ לְחֻלִּין וְיִתָּפְשׂוּ הַדָּמִים תַּחְתָּיו. וְהַשְּׁבִיעִית אֵינָהּ כֵּן. אֶלָּא הַמּוֹכֵר פֵּרוֹת שְׁבִיעִית יִתָּפְשׂוּ הַדָּמִים וְיֵעָשׂוּ כְּפֵרוֹת שְׁבִיעִית. וְהַפֵּרוֹת עַצְמָן לֹא נִתְחַלְּלוּ וְנַעֲשׂוּ כְּפֵרוֹת שְׁאָר שָׁנִים. שֶׁנֶּאֱמַר בָּהּ (ויקרא כה ז) "תִּהְיֶה" בַּהֲוָיָתָהּ תְּהֵא לְעוֹלָם. וּלְפִי שֶׁנִּקְרֵאת (ויקרא כה יב) "קֹדֶשׁ" תּוֹפֶשֶׂת דָּמֶיהָ. נִמְצֵאתָ אוֹמֵר הָאַחֲרוֹן נִתְפָּשׂ בַּשְּׁבִיעִית וְהַפְּרִי עַצְמוֹ הוּא כְּמוֹ שֶׁהָיָה:
6There is a stringency that applies to the produce of the Sabbatical year and not to articles consecrated [to the Temple]. When one redeems consecrated articles, the consecrated article loses its sacred status and that status is conveyed to the money.15See Hilchot Arachin 6:4. This is not so with regard to the produce of the Sabbatical year. When one sells the produce of the Sabbatical year, the status of the produce is conveyed to the money.16And it must be used to purchase food which will be eaten with the stringencies befitting the holiness of the produce of the Sabbatical year. The produce itself, however, does not lose its status and it is not considered as produce of the other years. [This is derived from] the use of the word tihiyeh17Leviticus 25:12. See the Sifra to this verse. [in the command regarding the produce of the Sabbatical year. That term implies that the produce] will be in its state at all times. And since the produce of the Sabbatical year is described18Leviticus 25:12. See the Sifra to this verse. as "holy," its status is conveyed to the money paid for it.19As is true with regard to the money used to redeem consecrated objects. Thus the final [object purchased]20I.e., the food to be eaten; see the following halachah, for an explanation. receives the status of the Sabbatical year and [the status of] the produce itself remains as before.
ז׳כֵּיצַד. לָקַח בְּפֵרוֹת שְׁבִיעִית אוֹ בִּדְמֵיהֶן בָּשָׂר נַעֲשָׂה הַבָּשָׂר כְּאוֹתָן הַפֵּרוֹת וְאוֹכְלוֹ כְּפֵרוֹת שְׁבִיעִית. וְצָרִיךְ לְבַעֵר אוֹתָן בִּשְׁעַת בִּעוּר הַשְּׁבִיעִית. לָקַח בְּאוֹתוֹ בָּשָׂר אוֹ בְּדָמָיו דָּגִים יָצָא הַבָּשָׂר וְנִתְפְּשׂוּ הַדָּגִים. לָקַח בַּדָּגִים אוֹ בִּדְמֵיהֶן שֶׁמֶן יָצְאוּ דָּגִים וְנִתְפַּשׂ שֶׁמֶן. לָקַח בַּשֶּׁמֶן אוֹ בְּדָמָיו דְּבַשׁ יָצָא שֶׁמֶן וְנִתְפַּשׂ דְּבַשׁ. וְצָרִיךְ לְבַעֵר הַפֵּרוֹת הָרִאשׁוֹנוֹת עִם הַדְּבַשׁ הָאַחֲרוֹן כְּדֶרֶךְ שֶׁמְּבַעֲרִין פֵּרוֹת שְׁבִיעִית. וְאֵין עוֹשִׂין מִשְּׁנֵיהֶם מְלוּגְמָא וְלֹא מַפְסִידִין אוֹתָן, כִּשְׁאָר פֵּרוֹת שְׁבִיעִית:
7What is implied? A person purchased meat with the produce of the Sabbatical year or the proceeds from its sale. The meat is given the status of that produce and must be eaten [as befits the holiness of] the produce of the Sabbatical year. And one must rid oneself of it when one one must rid oneself of that produce.21See Chapter 7, Halachah 1, which speaks about this subject. If one used that meat or the proceeds from its sale to purchase fish, the meat is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed upon the fish. If one used that fish or the proceeds from its sale to purchase oil, the fish is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed upon the oil. If one used that oil or the proceeds from its sale to purchase honey, the oil is considered as ordinary food and [the holiness of the Sabbatical year] is conveyed to the honey. One must rid oneself of the original fruit and the honey as one must rid oneself of the produce of the Sabbatical year. Neither of them may be used to make a compress, nor may they be ruined, as is the rule with regard to the produce of the Sabbatical year.
ח׳אֵין שְׁבִיעִית מִתְחַלֶּלֶת אֶלָּא עַל דֶּרֶךְ מִקָּח. בַּמֶּה דְּבָרִים אֲמוּרִים בִּפְרִי רִאשׁוֹן. אֲבָל בִּפְרִי שֵׁנִי מִתְחַלֵּל בֵּין דֶּרֶךְ מִקָּח בֵּין דֶּרֶךְ חִלּוּל:
8The holiness of the produce of the Sababtical year may be transferred only through a sale. When does this apply? With regard to the original produce. With regard to the produce received [in exchange for that produce], its holiness can be transferred through a sale or through a process of transfer.22I.e., one says: "The holiness of this produce is transferred to this other produce."
ט׳וּכְשֶׁמְּחַלְּלִין פְּרִי הַנִּלְקָח שֵׁנִית אֵין מְחַלְּלִין אוֹתוֹ עַל בְּהֵמָה חַיָּה וְעוֹף חַיִּים. שֶׁמָּא יַנִּיחֵם וִיגַדֵּל מֵהֶם עֲדָרִים. וְאֵין צָרִיךְ לוֹמַר שְׁבִיעִית עַצְמָהּ. אֲבָל מְחַלְּלִין אוֹתָן הַפֵּרוֹת עַל הַשְּׁחוּטִים:
9When one is transferring the holiness of produce that was exchanged [for produce of the Sabbatical year], one may not transfer it to a domesticated animal, fowl, or beast, that is alive,23Note the parallel to Hilchot Ma'aser Sheni 4:6. There it is stated that if one makes such a transfer, it is not effective. The commentaries state that the same law applies in the present instance. lest they be left alive and one raise herds [of animals imbued with the holiness of the Sabbatical year]. Needless to say, this24That the holiness may not be transferred to a living animal. applies with the produce of the Sabbatical year itself. One may, however, transfer the holiness of this produce to animals that have been slaughtered.25For the abovementioned difficulty does not apply.
י׳דְּמֵי שְׁבִיעִית אֵין פּוֹרְעִין מֵהֶם אֶת הַחוֹב. וְאֵין עוֹשִׂין בָּהֶן שׁוֹשְׁבִינוּת. וְאֵין מְשַׁלְּמִין מֵהֶן תַּגְמוּלִין. וְאֵין פּוֹסְקִין מֵהֶן צְדָקָה לַעֲנִיִּים בְּבַיִת הַכְּנֶסֶת. אֲבָל מְשַׁלְּחִין מֵהֶן דְּבָרִים שֶׁל גְּמִילוּת חֲסָדִים וְצָרִיךְ לְהוֹדִיעַ. וְכֵן אֵין לוֹקְחִין מֵהֶם עֲבָדִים וְקַרְקָעוֹת וּבְהֵמָה טְמֵאָה וְאִם לָקַח יֹאכַל כְּנֶגְדָּן כְּדֶרֶךְ שֶׁעוֹשֶׂה בְּמַעֲשֵׂר שֵׁנִי. וְאֵין מְבִיאִין מֵהֶן קִנֵּי זָבִים וְזָבוֹת וְיוֹלְדוֹת וְחַטָּאוֹת וַאֲשָׁמוֹת. וְאִם הֵבִיא יֹאכַל כְּנֶגְדָּן. וְאֵין סָכִים כֵּלִים וְעוֹרוֹת בְּשֶׁמֶן שֶׁל שְׁבִיעִית. וְאִם סָךְ יֹאכַל כְּנֶגְדָּן:
10Money received for produce of the Sabbatical year may not be used to pay a debt.26This is considered similar to using it to purchase merchandise. Nor may one use it to repay shushbinut27Shushbinut refers to a custom where a person sends money to a friend as a present at the time of the friend's wedding. Afterwards, when the person himself marries, his friend is expected to send a similar sum to him as a present. The money is considered as a debt and if he fails to so, he can be sued in court. See Hilchot Zechiyah UMatanah, ch. 7. or return a favor.28I.e., the person once lent him money. He may not use money received in return for the produce of the Sabbatical year to offer that person a loan (Radbaz, Hilchot Matanot Aniyim 6:17). One should not use it to pay a pledge of charity for the poor in the synagogue.29Since the person pledged money, satisfying his obligation with the produce of the Sabbatical year is comparable to using it to pay a debt. One may, however, send it for purposes associated with the acts of kindness,30I.e., providing that person with the meal of comfort at the time of bereavement (ibid.). but one must notify the recipients.31So that they treat it with the appropriate holiness and rid themselves of it when required. Also, the recipient will realize that he need not be overly grateful, for he was not given produce of full value.Similarly, it may not be used to purchase servants, landed property, or a non-kosher animal.32For as mentioned above, such money may only be used for the purchase of food. If it was used for those purposes, one should purchase ordinary food with a commensurate sum and partake of it [as befits the holiness of the Sabbatical year],33Our translation is taken from the Rambam's Commentary to the Mishnah (Shivi'it 8:8). as was explained with regard to the second tithes.34See Hilchot Ma'aser Sheni 7:17. One may not purchase pairs of doves for [the sacrifices of] zavim, zavot, or women after childbirth,35As explained in Hilchot Mechusrei Kapparah, ch. 1, these individuals are required to bring pairs of doves as part of their sacrifices to emerge from impurity. or sin-offerings or guilt offerings.36In his Commentary to the Mishnah (Ma'aser Sheni 1:7), the Rambam explains that money from the second tithes - and thus by extension, money from the Sabbatical year - may not be used for these sacrifices, for they are not eaten by their owners. If he purchased [these offerings with these funds], he should purchase food with a commensurate sum and partake of it [as befits the holiness of the Sabbatical year]. One should not apply oil from the Sabbatical year to utensils or hides.37For then, he is not receiving direct physical benefit from the oil. See Chapter 5, Halachah 7. If one did so, one should purchase food with a commensurate sum and partake of it38But not use it for smearing. See Chapter 5, Halachah 12, and notes. [as befits the holiness of the Sabbatical year].
י״אאֵין נוֹתְנִין מֵהֶן לֹא לְבַלָּן וְלֹא לְסַפָּר וְלֹא לְסַפָּן וְלֹא לִשְׁאָר הַאֻמָּנִין. אֲבָל נוֹתֵן הוּא לְמִי שֶׁדּוֹלֶה מַיִם מִן הַבּוֹר לְהַשְׁקוֹתוֹ מַיִם. וּמֻתָּר לִתֵּן מִפֵּרוֹת שְׁבִיעִית אוֹ מִדְּמֵיהֶן לַאֻמָּנִין מַתְּנַת חִנָּם:
11[This money] should not be given to a bathhouse attendant, a blood-letter,39Our translation is taken from the Rambam's Commentary to the Mishnah (Kilayim 9:3). a person who sails a boat, or another craftsman.40For, as stated, above, they may not be used for a purpose other than food. He may, however, give them to a person who draws water from a well to provide him with drinking water.41For that is like using the money to purchase drinking water [the Rambam's Commentary to the Mishnah (Shivi'it 8:5)]. He may not, however, give it to him to draw water for other purposes (Radbaz). It is permitted to give the produce of the Sabbatical year or money received in return for it to a craftsman as a present.42Even though the craftsman will be receiving a present and will return the favor to the person in some way, that is permitted. See Halachah 15 and notes.
י״בהָאוֹמֵר לְפוֹעֵל הֵא לְךָ אִיסָר זֶה וְלַקֵּט לִי יָרָק הַיּוֹם שְׂכָרוֹ מֻתָּר וְאֵינוֹ כִּדְמֵי שְׁבִיעִית. אֶלָּא מוֹצִיאוֹ בְּכָל מַה שֶּׁיִּרְצֶה. וְלֹא קָנְסוּ הַפּוֹעֵל לִהְיוֹת שְׂכָרוֹ כִּדְמֵי שְׁבִיעִית. וְאִם אָמַר לוֹ לַקֵּט לִי בּוֹ הַיּוֹם יָרָק הֲרֵי זֶה כִּדְמֵי שְׁבִיעִית וְאֵינוֹ מוֹצִיאוֹ אֶלָּא בַּאֲכִילָה וּשְׁתִיָּה כְּפֵרוֹת שְׁבִיעִית:
12When a person tells a worker: "Here is an isar.43A coin of small value used in the Talmudic period. In his Commentary to the Mishnah (Shivi'it 8:4), the Rambam states that this was the cost of inexpensive vegetables in the Talmudic era. Gather vegetables44This refers to vegetables that grow in the manner described in Chapter 6, Halachah 4 (Kessef Mishneh). for me today," his wage is permitted. It is not considered as money received in return for produce of the Sabbatical year. Instead, he may use it for whatever he desires.45I.e., it is not restricted to being used for eating or drinking as is money received in return for produce of the Sabbatical year. The worker was not penalized46See the rationale given in the following halachah. in that his wage would be considered as money received for the produce of the Sabbatical year. If he told him: "Gather a vegetable for me today for it," [his wage] is considered as money received in return for produce of the Sabbatical year.47The wording used by the employer clearly establishes such a connection. As the Radbaz explains, in the first instance, it appears that he is hiring him to work that day. In the second instance, it appears that he is hiring him to reap vegetables. He may use it only for eating and drinking like the produce of the Sabbatical year.
י״גהַחַמָּרִים הָעוֹשִׂים בְּפֵרוֹת שְׁבִיעִית מְלֶאכֶת שְׁבִיעִית הָאֲסוּרָה. כְּגוֹן שֶׁהֵבִיאוּ יוֹתֵר מִדַּאי. הֲרֵי שְׂכָרָן כִּדְמֵי שְׁבִיעִית. וְדָבָר זֶה קְנָס לָהֶם. וּמִפְּנֵי מָה קָנְסוּ בִּשְׂכַר הַחַמָּרִים וְלֹא קָנְסוּ בִּשְׂכַר הַפּוֹעֵל. מִפְּנֵי שֶׁשְּׂכָרוֹ מְעַט לֹא קָנְסוּ בּוֹ מִשּׁוּם כְּדֵי חַיָּיו:
13When donkey-drivers perform work with the produce of the Sabbatical year that is forbidden - e.g., they bring more than the [minimal amount] of produce48While it is permitted to bring a small amount of produce in the Sabbatical year from the fields as stated in Chapter 4, Halachah 24, these donkey-drivers brought oversized loads as they would do in other years. - their wages are considered as money received in return for produce of the Sabbatical year.49And may only be used for food and drink. This stringency applies even if their employer hired them using wording that would be permitted when hiring a worker. This is a penalty imposed upon them.Why was a penalty imposed on the wages of a donkey-driver and not on the wages of a hired worker? Because the latter receives a minimal wage. Hence, he was not penalized so that [he could earn] his livelihood.
י״דהַלּוֹקֵחַ מִן הַנַּחְתּוֹם כִּכָּר בְּפוּנְדְיוֹן וְאָמַר לוֹ בִּשְׁעַת לְקִיחָה כְּשֶׁאֲלַקֵּט יְרָקוֹת שָׂדֶה אָבִיא לְךָ בּוֹ הֲרֵי זֶה מֻתָּר. וְאוֹתוֹ הַכִּכָּר הֲרֵי הוּא כְּפֵרוֹת שְׁבִיעִית. וְאִם לָקַח מִמֶּנּוּ סְתָם לֹא יְשַׁלֵּם לוֹ מִדְּמֵי שְׁבִיעִית. שֶׁאֵין פּוֹרְעִין חוֹב מֵהֶן:
14When a person purchases a loaf of bread from a baker for a pundiyon,50A coin of the Talmudic period that was twice the worth of an isar. and tells him: "When I harvest vegetables [grown in the Sabbatical year] from the field, I will bring them to you for it."51I.e., rather than pay him now, he promises that he will pay him in the future by bringing him vegetables. this is permitted.52The purchaser is not considered to be paying a debt with the produce from the Sabbatical year. Instead, since at the time he took the loaf of bread, he already stipulated that the exchange would be made, this is considered as an exchange for the produce of the Sabbatical year, which is permitted [the Rambam's Commentary to the Mishnah (Shivi'it 8:4)].The commentaries explain that this concept is alluded to by the Rambam's addition of the word bo, meaning "for it." This implies that the purchaser is clearly stipulating that he is making an exchange. The loaf of bread is considered as the produce of the Sabbatical year.53For it was received in exchange for produce of the Sabbatical year. If he purchases the loaf without making any qualifications,54And does not pay him immediately. he should not pay him with money received for the produce of the Sabbatical year, because one should not use that money to pay debts.55As stated in Halachah 10. This applies even to debts incurred from purchasing food.
ט״ואוֹכְלִין פֵּרוֹת שְׁבִיעִית בְּטוֹבָה וְשֶׁלֹּא בְּטוֹבָה. בְּטוֹבָה כֵּיצַד. שֶׁיִּתֵּן לוֹ פֵּרוֹת שְׁבִיעִית כְּמוֹ שֶׁעָשָׂה עִמּוֹ טוֹבָה שֶׁנָּתַן לוֹ. אוֹ שֶׁיַּכְנִיסוֹ לְגִנָּתוֹ לֶאֱכל כְּמִי שֶׁעָשָׂה לוֹ טוֹבָה. ומִי שֶׁנָּתְנוּ לוֹ פֵּרוֹת שְׁבִיעִית בְּמַתָּנָה אוֹ שֶׁנָּפְלוּ לוֹ בִּירֻשָּׁה הֲרֵי זֶה אוֹכְלָם כְּדֶרֶךְ שֶׁאוֹכֵל פֵּרוֹת שֶׁאוֹסֵף אוֹתָן הוּא בְּעַצְמוֹ מִן הַשָּׂדֶה:
15One may partake of the produce of the Sabbatical year [in expectation56Or even in return for having perfomed a favor. that the recipient will return] the favor and when there are no such expectations.57The Rambam is adding this point, to emphasize that we do not follow the opinion of Rabbi Yehudah who maintains that the School of Hillel permitted a person to partake of the produce of the Sabbatical year that belongs to a colleague only in expectation of favors (see Ediyot 5:1). Rabbi Yehudah's rationale is that it is not desirable for any person to have free access to a colleague's field and enter it at all times. What is implied [by the idea of eating in expectation of the return of the favor]? One may give a colleague the produce of the Sabbatical year as if he had already performed a favor for him58In his Commentary to the Mishnah (Shivi'it 4:1), the Rambam explains that the person tells a colleague: "Reap in my field and then I will reap in your field." or invite him into his garden to eat as one who performed a favor for him.When a person was given the produce of the Sabbatical year as a present or he inherited it, he should partake of it in the same manner as if he gathered this produce from the field himself.59There is a difference of opinion regarding this issue in Shivi'it 9:9 and the Rambam's ruling does not follow either of the views mentioned there. Nevertheless, it can be explained that the mishnah is speaking according to Rabbi Eliezer's perspective and Rabbi Eliezer follows the opinion of the School of Shammai. The Rambam's ruling reflects the position that would be given by the School of Hillel, whose opinion is accepted as halachah.
ז׳
א׳פֵּרוֹת שְׁבִיעִית אֵין אוֹכְלִין מֵהֶן אֶלָּא כָּל זְמַן שֶׁאוֹתוֹ הַמִּין מָצוּי בַּשָּׂדֶה שֶׁנֶּאֱמַר (ויקרא כה ז) "וְלִבְהֶמְתְּךָ וְלַחַיָּה אֲשֶׁר בְּאַרְצֶךָ תִּהְיֶה כָל תְּבוּאָתָהּ לֶאֱכל". כָּל זְמַן שֶׁחַיָּה אוֹכֶלֶת מִמִּין זֶה מִן הַשָּׂדֶה אַתָּה אוֹכֵל מִמַּה שֶּׁבַּבַּיִת. כָּלָה לַחַיָּה מִן הַשָּׂדֶה חַיָּב לְבַעֵר אוֹתוֹ הַמִּין מִן הַבַּיִת וְזֶהוּ בִּעוּר שֶׁל פֵּרוֹת שְׁבִיעִית:
1We may only partake of the produce of the Sabbatical year as long as that species is found in the field. [This is derived from Leviticus 25:7]: "For the animal and the beast in your land will be all the produce to eat." [Implied1See the Sifra to that verse.From the fact that a verse from the Torah is brought as support, the Minchat Chinuch concludes that the obligation of biyur is of Scriptural origin. The P'nei Yehoshua (Pesachim 52b), however, maintains that the verse is merely an asmachta, a support brought by the Rabbis for their own ordinance, and in truth, the obligation is Rabbinic. He supports this thesis by the fact that, otherwise, it would have been appropriate for the Rambam to consider the obligation as one of the mitzvot. is that] as long as a beast2I.e., a wild animal which you are not obligated to feed. See the Rambam's Commentary to the Mishnah (Shivi'it 9:2). [can be] eating from this species in the field, one may eat from [what he has collected] at home. When there is no longer any [of that species] for the beast to eat in the field, one is obligated to remove that species from his home. This is the obligation of biyur which applies to the produce of the Sabbatical year.
ב׳כֵּיצַד. הֲרֵי שֶׁהָיוּ לוֹ גְּרוֹגָרוֹת שְׁבִיעִית בְּתוֹךְ בֵּיתוֹ אוֹכֵל מֵהֶן כָּל זְמַן שֶׁהַתְּאֵנִים בָּאִילָנוֹת בַּשָּׂדֶה. כָּלוּ הַתְּאֵנִים מִן הַשָּׂדֶה אָסוּר לֶאֱכל מֵאוֹתָן שֶׁבַּבַּיִת אֶלָּא מְבַעֵר אוֹתָן:
2What is implied? If a person has dried figs at home, he may partake of them as long as there are figs on the trees in the field. When there are no longer figs in the field, it is forbidden for him to partake of the figs he has at home and he must instead remove them.3As the Rambam states in the following halachah.
ג׳הָיוּ לוֹ פֵּרוֹת מְרֻבִּין מְחַלְּקָן מְזוֹן שָׁלֹשׁ סְעֻדּוֹת לְכָל אֶחָד וְאֶחָד. וְאָסוּר לֶאֱכל אַחַר הַבִּעוּר בֵּין לַעֲנִיִּים בֵּין לַעֲשִׁירִים. וְאִם לֹא מָצָא אוֹכְלִין בִּשְׁעַת הַבִּעוּר שׂוֹרֵף בָּאֵשׁ אוֹ מַשְׁלִיךְ לְיָם הַמֶּלַח וּמְאַבְּדָן לְכָל דָּבָר שֶׁמְּאַבֵּד:
3If he had a large amount of produce, he should distribute4On the day of the biyur. a quantity that can be eaten in three meals to every person [he desires]. It is forbidden - both for the rich and the poor5There is a difference of opinion concerning this matter in the mishnah (Sh'vi'it 5:3, 9:8). - to partake of it after the time of biyur. If he is not able to find people to eat at the time of biyur, he should burn it with fire or cast it into Mediterranean Sea,6This is how the Rambam [in the conclusion of his Commentary to the Mishnah, et al], interprets the phrase yam hamelech. See also Hilchot Ma'aser Sheni 2:2. Others interpret it as referring to the Dead Sea. In his Commentary to the Mishnah (Sh'vi'it 9:2), he mentions only casting the produce into the sea. or destroy it through any other means.7Thus the Rambam interprets the word biyur as meaning "destruction." After the time of biyur, the produce must be destroyed. The Ramban (in his commentary to the Torah) and other Rishonim, however, interpret it as "removal" and maintain that after the biyur, all that is necessary is to renounce one's ownership over the produce and thus remove it from one's domain. Rav Yosef Corcus states that this view can be relied upon in the present era and, indeed, this is the practice in Eretz Yisrael today.
ד׳הָיוּ לוֹ צִמּוּקִין שֶׁל שְׁבִיעִית. וְכָלוּ הָעֲנָבִים מִן הַשָּׂדֶה מִן הַגַּגּוֹת וְהַפַּרְדֵּסִים שֶׁהֵן הֶפְקֵר. אַף עַל פִּי שֶׁעֲדַיִן יֵשׁ עֲנָבִים בַּגְּפָנִים שֶׁבְּתוֹךְ הַחֲצֵרוֹת אֵינוֹ אוֹכֵל מִן הַצִּמּוּקִין מִפְּנֵי עֲנָבִים אֵלּוּ שֶׁבְּחָצֵר. לְפִי שֶׁאֵינָן מְצוּיִין לַחַיָּה. אֲבָל אִם יֵשׁ עֲנָבִים קָשִׁים בְּיוֹתֵר שֶׁאֵינָן נִגְמָרִין אֶלָּא בְּסוֹף הַשָּׁנָה הֲרֵי זֶה אוֹכֵל מִן הַצִּמּוּקִין בִּשְׁבִילָן. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
4If one had raisins from the Sabbatical year and there were no longer any grapes left in the fields,8In a later addition to his Commentary to the Mishnah (Sh'vi'it 9:4; see Rav Kappach's notes), the Rambam states that fields within a city are considered like gardens. Here he is speaking of those in the outlying areas. the gardens, and the orchards which are ownerless,9I.e., regarded as ownerless in the Sabbatical year. even though there are still grapes on the vines in the courtyards, he may not partake of the raisins because of the grapes in the courtyard, because they are not accessible to a wild beast.10I.e., a homeowner will not leave his courtyard open so that a wild beast can enter it at will. (He must, however, regard even the produce growing in his courtyard as ownerless and allow another person to enter and pick it.) If, however, there are very firm grapes that do not mature until the end of the year [still growing in the field], one may partake of the raisins [he has stored] because of them. Similar laws apply in all analogous instances.
ה׳אִילָן שֶׁעוֹשֶׂה פֵּרוֹת שְׁתֵּי פְּעָמִים בְּשָׁנָה וְהָיוּ לוֹ מִפֵּרוֹתָיו הָרִאשׁוֹנוֹת הֲרֵי זֶה אוֹכֵל מֵהֶן כָּל זְמַן שֶׁפֵּרוֹת שְׁנִיּוֹת מְצוּיוֹת בַּשָּׂדֶה. שֶׁהֲרֵי מֵאוֹתוֹ הַמִּין בַּשָּׂדֶה. אֲבָל פֵּרוֹת הַסְּתָו אֵין אוֹכְלִים בִּשְׁבִילָן. מִפְּנֵי שֶׁדּוֹמִין לַפֵּרוֹת שֶׁל שָׁנָה אַחֶרֶת:
5When a tree produces fruit twice a year and one still possesses fruit from its first crop, he may partake of it as long as the second crop is still in the field. For [the requirement that] this species be [available] in the field [is met]. We do not, however, [continue to] partake [of stored fruit] because of fruit that grows in the fall,11Since this fruit grows in the rainy season, which begins well after Rosh HaShanah, it is considered as the produce of the eighth year and not of the Sabbatical year. because it is considered as the produce of a different year.
ו׳הַכּוֹבֵשׁ שְׁלֹשָׁה כְּבָשִׁים בְּחָבִית אַחַת. כָּל שֶׁכָּלָה מִינוֹ מִן הַשָּׂדֶה יְבָעֵר מִינוֹ מִן הֶחָבִית. וְאִם הִתְחִיל בָּהּ הֲרֵי הַכּל כִּמְבֹעָר. וּכְשֵׁם שֶׁמְּבַעֵר אָכֳלֵי אָדָם כָּךְ מְבַעֵר אָכֳלֵי בְּהֵמָה מִן הַבַּיִת. וְאֵינוֹ מַאֲכִילָן לִבְהֵמָה אִם כָּלָה אוֹתוֹ הַמִּין מִן הַשָּׂדֶה:
6When a person pickles three types of produce in one barrel, if one of these types of produce is no longer available in the field, that type of produce should be removed from the barrel.12And eaten or destroyed, as stated in Halachah 3. He is not, however, obligated to remove the other two types of produce. Although the one type of produce that is now forbidden has imparted its flavor to the other two types, that does not cause them to be forbidden. If he began partaking of [the pickled produce], the entire [mixture] is considered as having been removed.13Our translation is based on the interpretation of Mareh HaPonim (a gloss to the Jerusalem Talmud, Sh'vi'it 9:5). He explains that once a jar of pickled vegetables were opened (in pre-refrigeration eras), the vegetables would spoil rapidly. Hence, it is considered as if the entire batch was already removed from his possession.Just as one is obligated to remove food [stored for] human consumption, so too, must he remove animal fodder from his home and he may no longer feed it to an animal if that type of produce is no longer available in the field.14In this context, there is no difference between the laws applying to food for humans and animal fodder.
ז׳וּכְשֵׁם שֶׁמְּבַעֲרִין אֶת הַפֵּרוֹת כָּךְ מְבַעֲרִין אֶת הַדָּמִים. כֵּיצַד. הֲרֵי שֶׁמָּכַר רִמּוֹנִים שֶׁל שְׁבִיעִית וַהֲרֵי הוּא אוֹכֵל בִּדְמֵיהֶן. וְכָלוּ הָרִמּוֹנִים מִן הָאִילָנוֹת שֶׁבַּשָּׂדֶה וְנִשְׁאַר אֶצְלוֹ מִן הַדָּמִים שֶׁמָּכַר בָּהֶן חַיָּב לְבַעֲרָן:
7Just as one must remove the produce of the Sabbatical year, so too, one must remove the money [received in exchange for it].15For as stated in Chapter 6, Halachah 6, the holiness of the produce is transferred to the money received for it. What is implied? One sold pomegranates of the Sabbatical year and used the money received in return for them [to purchase] food. When there are no longer any pomegranates on the trees in the field, but he remains in possession of the money he received for selling them, he is obligated to remove it from his possession.
ח׳כֵּיצַד עוֹשֶׂה. קוֹנֶה בָּהֶן. מַאֲכָלוֹת וּמְחַלְּקָן מְזוֹן שָׁלֹשׁ סְעֻדּוֹת לְכָל אֶחָד וְאֶחָד. אוֹ יַשְׁלִיכֵם לְיָם הַמֶּלַח אִם לֹא מָצָא אוֹכְלִין:
8What should he do? He should purchase food with this money and distribute it, [providing] three meals to every person [he desires].16As above, these activities should be performed on the day the obligation of biyur takes place. The Radbaz explains that the person is required to purchase food with the money. It is not sufficient for him to distribute the money itself and tell the recipients to purchase food, for perhaps they will fail to do so. Alternatively, if he does not find people to partake of such food, he should cast the money into the Mediterranean Sea.
ט׳שָׁלֹשׁ אֲרָצוֹת לְבִעוּר. אֶרֶץ יְהוּדָה כֻּלָּהּ הָהָר וְהַשְּׁפֵלָה וְהָעֵמֶק אֶרֶץ אַחַת. עֵבֶר הַיַּרְדֵּן כֻּלּוֹ שִׁפְלַת לוּד וְהַר שִׁפְלַת לוּד וּמִבֵּית חוֹרוֹן עִם הַיָּם אֶרֶץ אַחַת. וְהַגָּלִיל כֻּלּוֹ הָעֶלְיוֹן וְהַתַּחְתּוֹן וּתְחוּם טְבֶרְיָא אֶרֶץ אַחַת. וְאוֹכְלִין בְּכָל אַחַת וְאַחַת מִשְּׁלָשְׁתָּן עַד שֶׁיִּכְלֶה הָאַחֲרוֹן שֶׁבָּהּ:
9[Eretz Yisrael is divided into] three lands [with regard to the obligation of] biyur:17I.e., as the Rambam proceeds to explain, Eretz Yisrael is not considered a single entity with regard to this obligation, for different conditions apply in each of the three regions. Each of those regions individually, however, is considered as a single integral entity although different conditions apply in each of its districts.a) the entire land of Yehudah, its mountainous portion, its plain, and its valley, is all one region.18I.e., this region - as well as the other two - is subdivided into three districts.b) the entire [West] Bank of the Jordan,19The term Ever HaYarden, literally Trans-Jordan, is most commonly used to refer to the areas on the Eastern bank of the Jordan, as mentioned at the conclusion of the Book of Numbers, throughout the Book of Deuteronomy, and in many places throughout the Mishnah. There are many authorities (among them, Rabbenu Shimshon and Rabbenu Tam) who therefore consider that as the proper interpretation in this instance as well. In this instance, however, the Rambam understands the term differently. His view is accepted by Rabbenu Asher, Rav Ovadiah of Bartenura, and explained by Kaftor UPerach. See also the gloss of Rav Akiva Eiger. [including] the plain of Lod, the mountains [around] the plain of Lod, [the area of] Beit Choron, with the sea, is all one region; andc) the entire Galilee, the upper [Galilee], the lower [Galilee], and the area of Tiberias, is one region. In each of these three regions, one may partake [of a species of produce stored at home] until the last [traces of that produce] cease [to exist in the entire region's fields].
י׳כֵּיצַד. הָיוּ לוֹ פֵּרוֹת בְּאֶרֶץ יְהוּדָה. אוֹכֵל מֵהֶן כָּל זְמַן שֶׁיֵּשׁ מֵאוֹתוֹ הַמִּין בְּכָל אֶרֶץ יְהוּדָה כֻּלָּהּ. וְכֵן אִם הָיוּ לוֹ פֵּרוֹת גָּלִיל. וְכֵן בְּעֵבֶר הַיַּרְדֵּן:
10What is implied? If one possesses produce in the land of Yehudah, one may partake of it as long as this species is found [in the fields of] the entire land of Yehudah.20Even if it is no longer available in the particular district in which one is located. See Sh'vi'it 9:2-3. Similar laws apply if he possesses produce from the Galilee or from the [West] Bank of the Jordan.
י״אוְשָׁלֹשׁ אֲרָצוֹת אֵלּוּ כֻּלָּן חֲשׁוּבוֹת כְּאֶרֶץ אַחַת לְחָרוּבִין וּלְזֵיתִים וְלִתְמָרִים. וְאוֹכְלִין בַּתְּמָרִים עַד שֶׁיִּכְלֶה הָאַחֲרוֹן שֶׁבְּצֹעַר. וְאֵימָתַי הוּא כָּלֶה. עַד הַפּוּרִים. וְאוֹכְלִין בְּזֵיתִים עַד הָעֲצֶרֶת. וּבַעֲנָבִים עַד הַפֶּסַח שֶׁל מוֹצָאֵי שְׁבִיעִית. וּבִגְרוֹגְרוֹת עַד הַחֲנֻכָּה:
11These three regions are considered as one entity with regard to carobs, olives, and dates.21And one may eat these species in one region even though they are no longer available in that entire region, as long as they are available in other portions of Eretz Yisrael. Among the reasons given for the distinction between these species and other fruits is that there is little difference between the times these fruits grow in one region of Eretz Yisrael and another. Also, these species remain on the tree after they have ripened for longer than most fruits. Hence, there is added reason for seeking a common date. One may eat dates [throughout Eretz Yisrael] until the last dates are no longer available in Tzo'ar.22A village near Jericho, a region renown for its dates. They grow there later than in other places in Eretz Yisrael. From when are they no longer available? Purim. We may eat olives until Shavuot and grapes until Pesach of the eighth year. Dried figs may be eaten until Chanukah.23The commentaries have questioned the Rambam's statements with regard to figs and grapes, for they imply that there is a universal time for the biyur of these species and yet they are not mentioned together with the three species at the beginning of the halachah. The Radbaz resolves this question by saying that the dates mentioned by the Rambam are the latest applicable in all of the three regions.
י״בהַמּוֹלִיךְ פֵּרוֹת שְׁבִיעִית מִמָּקוֹם שֶׁכָּלוּ לְמָקוֹם שֶׁלֹּא כָּלוּ אוֹ מִמָּקוֹם שֶׁלֹּא כָּלוּ לַמָּקוֹם שֶׁכָּלוּ חַיָּב לְבַעֵר. לְפִי שֶׁנּוֹתְנִין עָלָיו חֻמְרֵי מָקוֹם שֶׁיָּצָא מִשָּׁם וְחֻמְרֵי מָקוֹם שֶׁהָלַךְ לְשָׁם. וּפֵרוֹת הָאָרֶץ שֶׁיָּצְאוּ לְחוּצָה לָאָרֶץ מִתְבַּעֲרִים בִּמְקוֹמָן וְלֹא יַעֲבִירֵם מִמָּקוֹם לְמָקוֹם:
12When a person transports produce of the Sabbatical year from a region in which it is no longer available [in the field] to a region where it is available, or from a region where it is available to a region in which it is no longer available, he is obligated in biyur. [The rationale is that] we place upon him the stringencies of the place from which he departed and those of the place to which he journeyed.24This is a general principle applied in several different contexts in Torah law to maintain unity within the Jewish community; see Hilchot Sh'vitat Yom Tov 8:20. With regard to the matter at hand, since the obligation of biyur has already taken effect in one of these regions, he is obligated to observe it.When the produce of Eretz Yisrael has been brought to the Diaspora, it should be destroyed in its place.25I.e., it need not be brought back to Eretz Yisrael to be destroyed there as required by one opinion in Sh'vi'it 6:5. As stated in Chapter 5, Halachah 13, as an initial preference, the produce of the Sabbatical year should not be brought to the Diaspora. It should not be transported from one place to another.
י״גכְּלָל גָּדוֹל אָמְרוּ בַּשְּׁבִיעִית כָּל שֶׁהוּא מַאֲכַל אָדָם אוֹ מַאֲכַל בְּהֵמָה אוֹ מִמִּין הַצּוֹבְעִין אִם אֵינוֹ מִתְקַיֵּם בָּאָרֶץ יֵשׁ לוֹ וּלְדָמָיו שְׁבִיעִית וְחַיָּב בְּבִעוּר הוּא וְדָמָיו. כְּגוֹן עֲלֵי הַלּוּף הַשּׁוֹטֶה וַעֲלֵי הַדַּנְדַּנָּה וְהָעֵלְשִׁין מַאֲכַל אָדָם. וּכְגוֹן הַחוֹחִים וְהַדַּרְדָּרִין מַאֲכַל הַבְּהֵמָה. וּכְגוֹן אִסְטִס וְקוֹצָה מִמִּין הַצּוֹבְעִין. וְאִם הָיָה מִתְקַיֵּם בָּאָרֶץ כְּגוֹן הַפּוּאָה וְהַרִכְפָּה מִמִּין הַצּוֹבְעִין אַף עַל פִּי שֶׁיֵּשׁ לוֹ שְׁבִיעִית וּלְדָמָיו שְׁבִיעִית אֵין לָהֶם בִּעוּר וְלֹא לִדְמֵיהֶם שֶׁהֲרֵי מִתְקַיֵּם בָּאָרֶץ אֶלָּא נֶהֱנִין וְצוֹבְעִין בּוֹ עַד רֹאשׁ הַשָּׁנָה:
13A great general principle was stated with regard to [the produce of] the Sabbatical year: Whenever [produce] is [used as] food for humans, animal fodder, or as one of the dyes, if it will not be maintained in the earth, the laws of the Sabbatical year apply to it and to money received for it and the requirements of biyur apply to it26For it is maintained in the earth only for a specific time. and to money received for it, e.g., the leaves of wild onions, mint, and endives, are considered as food for humans, brambles and thorn are considered as animal fodder, and woad27Which produces a bluish dye. and safflower are considered as dyes. If the species is maintained in the earth, e.g., madder28Which produces a red dye. and dyer's rocket from the dyes,29The Rambam does not mention food for human's or animal fodder, for all species of these types of produce reach a point where they are no longer available in the field and the obligation of biyur takes effect at that time. even though the laws of the Sabbatical year apply to it and to money received for it. The requirements of biyur do not apply to it or to money received for it, because it is maintained in the earth.30And thus is continually available to an animal. Instead, one may benefit from it and use it as dye until Rosh HaShanah.31I.e., until the end of the Sabbatical year. Some commentaries maintain that the text should read "after Rosh HaShanah," for the plants that grew in the Sabbatical year will continue growing into the eighth year. In his Commentary to the Mishnah (Sh'vi'it 7:2), the Rambam states: "We continue to use them and benefit from them until they cease [growing in the field]." The Radbaz follows this understanding, but maintains that after Rosh HaShanah, these plants should be declared ownerless. That fulfills the requirement of biyur with regard to them.
י״דוְכָל שֶׁאֵינוֹ מְיֻחָד לֹא לְמַאֲכַל אָדָם וְלֹא לְמַאֲכַל בְּהֵמָה וְאֵינוֹ מִמִּין הַצּוֹבְעִים. הוֹאִיל וְאֵינוֹ לְעֵצִים יֵשׁ לוֹ וּלְדָמָיו שְׁבִיעִית. אֲבָל אֵין לָהֶם בִּעוּר אַף עַל פִּי שֶׁאֵינוֹ מִתְקַיֵּם בָּאָרֶץ אֶלָּא נֶהֱנִין בּוֹ אוֹ בְּדָמָיו עַד רֹאשׁ הַשָּׁנָה כְּגוֹן עִקְּרֵי הַלּוּף הַשּׁוֹטֶה וְעִקַּר הַדַּנְדַּנָּה וְהָעַקְרְבָנִין:
14Whenever a plant is not set aside to be [used as] food for humans, animal fodder, or as one of the dyes, since it is not used as kindling fuel,32The laws of the Sabbatical year do not apply to kindling fuel, as stated in Chapter 5, Halachah 21. the laws of the Sabbatical year apply to it and to money received for it,33Since a person has chosen to benefit from it, he must treat it as the produce of the Sabbatical year. but the requirements of biyur do not apply to it34Since it is not considered as food or animal fodder, there is no limit until when it would normally be used. or to those monies. [This applies] even if it will not be maintained in the earth. Instead, we may benefit from it and the money received for it until Rosh HaShanah.35The Rambam does not mention food for human's or animal fodder, for all species of these types of produce reach a point where they are no longer available in the field and the obligation of biyur takes effect at that time. Examples [of this category include] the roots of wild onions and mint and the scorpion-like herb.
ט״וקְלִפֵּי רִמּוֹן וְהַנֵּץ שֶׁלּוֹ קְלִפֵּי אֱגוֹזִים וְהַגַּרְעִינִין יֵשׁ לָהֶם שְׁבִיעִית וְלִדְמֵיהֶם שְׁבִיעִית אֲבָל אֵין לָהֶם בִּעוּר וְלֹא לִדְמֵיהֶם. לוּלְבֵי זְרָדִים וְהֶחָרוּבִים יֵשׁ לָהֶם וְלִדְמֵיהֶם שְׁבִיעִית וּבִעוּר. לוּלְבֵי הָאֵלָה וְהַבָּטְנָה וְהָאֲטָדִין יֵשׁ לָהֶן וְלִדְמֵיהֶן שְׁבִיעִית אֲבָל אֵין לָהֶם בִּעוּר. אֲבָל לְעָלִים שֶׁלָּהֶן יֵשׁ בִּעוּר:
15The laws of the Sabbatical year apply to the peels and the buds of pomegranates, the shells of nuts,36The Radbaz maintains that this refers to the inner shell which is useful as a dye. The hard outer shell, by contrast, is useful only for kindling and the laws of the Sabbatical year do not apply to it. and the seeds [of other fruits] and to the money received for them,37For they are useful as dyes (Radbaz). but the requirements of biyur do not apply to them or to those monies.The laws of the Sabbatical year apply to the tips of the branches of grape vines38When these branches are soft, they are occasionally cut off, pickled, and served as food [the Rambam's Commentary to the Mishnah (Sh'vi'it 7:5)]. and carob trees and to the money received for them, as do the requirements of biyur.39The requirements of biyur apply, because the tips of these branches will ultimately fall from the tree (Radbaz). The laws of the Sabbatical year apply to the tips of the branches of the evergreen oak, the pistachio tree, and the box thorn bush40Apparently, these branches are also pickled on occasion. and to the money received for them, but the requirements of biyur do not apply to them.41From the Rambam's Commentary to the Mishnah (ibid.), it would appear that the rationale is that these branches continue growing on the tree. The requirement of biyur does apply to their leaves.42Because they fall from the branches and thus are not maintained in the earth (ibid.).
ט״זאֵיזוֹ הִיא שְׁעַת בִּעוּר הֶעָלִין בְּעֵת שֶׁיִּבּוֹלוּ וְנוֹשְׁרִין מֵאִילָנוֹתֵיהֶן. עֲלֵי זֵיתִים וַעֲלֵי קָנִים וַעֲלֵי חָרוּבִין אֵין לָהֶם בִּעוּר לְפִי שֶׁאֵינָן נוֹבְלוֹת וְכָלוֹת:
16When is the time for biyur? For leaves, it is when they wither and fall from the tree.43For at this point, they are no longer accessible to an animal in the field. The leaves of olive trees, reeds, and carob trees do not have a time of biyur, because they never wither and fall away.
י״זוְעַד מָתַי יִהְיֶה אָדָם רַשַּׁאי לִלְקֹט עֲשָׂבִים לַחִין בַּשְּׁבִיעִית עַד שֶׁיִּיבַשׁ הַמָּתוֹק וִיגַבֵּב. עֲשָׂבִים יְבֵשִׁים עַד שֶׁתֵּרֵד רְבִיעָה שְׁנִיָּה בְּמוֹצָאֵי שְׁבִיעִית:
17Until when does a person have the license to gather fresh grass in the Sabbatical year? Until the bitter44Our translation is taken from the Rambam's Commentary to the Mishnah (Sh'vi'it 3:1)]. There he explains that although matok, the name the Mishnah uses, means "sweet," this fruit has a bitter taste and that term is used as a euphemism. Some have identified this species with the colocynth, a wild gourd with a very bitter flavor. The Radbaz identifies it with a bitter species of grass. [apples] become dried out.45When these gourds have dried, fresh grass will no longer be available in the field for animals. He may gather dried grasses46For animal fodder. until the second rains of the eighth year.47For the rains will spoil the grasses and they will no longer be available in the fields (Radbaz). In his Commentary to the Mishnah (Sh'vi'it 9:6), the Rambam explains that these rains usually come between the seventeenth of MarCheshvan and the first of Kislev.
י״חוְעַד מָתַי יִהְיוּ הָעֲנִיִּים מֻתָּרִין לְהִכָּנֵס בְּפַרְדֵּסוֹת בְּמוֹצָאֵי שְׁבִיעִית לְאִסּוּף פֵּרוֹת שְׁבִיעִית. עַד שֶׁתֵּרֵד רְבִיעָה שְׁנִיָּה:
18Until when are the poor48Or for that matter the rich, for everyone is allowed to gather the fruit of the Sabbatical year (Radbaz). permitted to enter the orchards in the eighth year to gather the fruits of the Sabbatical year?49In his Commentary to the Mishnah (Sh'vi'it 9:7), the Rambam explains that this concept also applies to the poor gathering the presents of leket, shichachah, and pe'ah in other years. Until the second rains descend.50From this point on, there are no longer fruits available in the fields.
י״טהַוֶּרֶד וְהַכֹּפֶר וְהַלֹּטֶם יֵשׁ לָהֶן וְלִדְמֵיהֶן שְׁבִיעִית. הַקְּטָף וְהוּא שָׂרָף הַיּוֹצֵא מֵהָאִילָנוֹת מִן הֶעָלִים וּמֵהָעִקָּרִים אֵין לוֹ שְׁבִיעִית. וְהַיּוֹצֵא מִן הַפַּגִּים יֵשׁ לוֹ וּלְדָמָיו שְׁבִיעִית:
19The laws of the Sabbatical year apply to roses, cloves, and chestnuts and to the money received for them.51For these are all considered as fruit. The laws of the Sabbatical year do not apply to balsam sap that flows from trees, from their leaves, and their roots.52Because this sap does not come from the fruit of the tree, but from the tree itself. They do apply to [sap] that flows from underdeveloped berries53For these are fruit. and the money received for it.
כ׳בַּמֶּה דְּבָרִים אֲמוּרִים בְּאִילַן מַאֲכָל. אֲבָל בְּאִילַן סְרָק אַף הַיּוֹצֵא מִן הֶעָלִין וּמִן הָעִקָּרִים כִּפְרִי שֶׁלָּהֶן וְיֵשׁ לוֹ וּלְדָמָיו שְׁבִיעִית:
20When does the above apply? When the tree produces edible fruit. If, however, the tree is not fruitbearing, the sap that flows from its leaves and roots is considered as its fruit54For this is its sole product. and the laws of the Sabbatical year apply to it and to the money received for it.
כ״אהַכּוֹבֵשׁ וֶרֶד שְׁבִיעִית בְּשֶׁמֶן שֶׁל שִׁשִּׁית יְלַקֵּט אֶת הַוֶּרֶד וְהַשֶּׁמֶן מֻתָּר. כְּבָשׁוֹ בְּשֶׁמֶן שֶׁל מוֹצָאֵי שְׁבִיעִית חַיָּב לְבַעֵר הַשֶּׁמֶן שֶׁהֲרֵי הַוֶּרֶד יָבֵשׁ הוּא וּכְבָר נִתְחַיֵּב בְּבִעוּר:
21When a person pickles a rose from the Sabbatical year in the oil of the sixth year, he may gather the rose55And treat it with the holiness of the Sabbatical year. and it is permitted [to use] the oil [in an ordinary manner].56In his Commentary to the Mishnah (Sh'vi'it 7:7), the Rambam explains that since the oil is aged and the rose is fresh, the oil will not absorb the flavor of the rose unless it is left within it for a long time. Accordingly, the oil is considered as the produce of the sixth year. If he pickles [a rose] in the oil of the eighth year,57Since the rose is aged, its flavor will be absorbed by the oil immediately (ibid.). he is obligated to perform biyur with the oil. [The rationale is] at that time, the rose is dry and the obligation of biyur has already fallen upon it.
כ״בחָרוּבִין שֶׁל שְׁבִיעִית שֶׁכְּבָשָׁן בְּיֵין שִׁשִּׁית אוֹ בְּיֵין מוֹצָאֵי שְׁבִיעִית חַיָּב לְבַעֵר הַיַּיִן. שֶׁהֲרֵי טַעַם פֵּרוֹת שְׁבִיעִית בּוֹ. זֶה הַכְּלָל פֵּרוֹת שְׁבִיעִית שֶׁנִּתְעָרְבוּ בְּפֵרוֹת אֲחֵרוֹת מִין בְּמִינוֹ בְּכָל שֶׁהוּא וְשֶׁלֹּא בְּמִינוֹ בְּנוֹתֵן טָעַם:
22When carobs of the Sabbatical year were left to soak in the wine of the sixth year or in the wine of the eighth year, biyur must be performed with the wine, because it has absorbed the flavor of the produce of the Sabbatical year.58The wine absorbs the carobs' flavor immediately (ibid.). This is the general principle: When the produce of the Sabbatical year becomes mixed with other produce of the same species,59E.g., the wine of the Sabbatical year with the wine of other years (ibid.). even the slightest amount [causes the entire mixture to be considered as the produce of the Sabbatical year]. When it becomes mixed with other species, [the ruling depends on whether it has] imparted its flavor [or not].60If it has imparted its flavor to the mixture, the mixture must be treated as produce of the Sabbatical year. If it has not, those stringencies do not apply. The concept stated here is a general principle applying in other contexts. See Hilchot Ma'achalot Assurot 15:8.
ח׳
א׳כְּדֶרֶךְ שֶׁאָסוּר לַעֲבֹד הָאָרֶץ בַּשְּׁבִיעִית כָּךְ אָסוּר לְחַזֵּק יְדֵי יִשְׂרָאֵל שֶׁעוֹבְדִין אוֹתָהּ. אוֹ לִמְכֹּר לָהֶן כְּלֵי עֲבוֹדָה. לְפִי שֶׁאָסוּר לְחַזֵּק יְדֵי עוֹבְרֵי עֲבֵרָה:
1Just 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.
ב׳וְאֵלּוּ כֵּלִים שֶׁאֵין הָאֻמָּן רַשַּׁאי לְמָכְרָן בַּשְּׁבִיעִית לְמִי שֶׁחָשׁוּד עַל הַשְּׁבִיעִית. מַחְרֵשָׁה וְכָל כֵּלֶיהָ הָעל וְהַמַּזְּרֶה וְהַדֶּקֶר. זֶה הַכְּלָל כָּל שֶׁמְּלַאכְתּוֹ מְיֻחֶדֶת לִמְלָאכָה שֶׁאֲסוּרָה בַּשְּׁבִיעִית אָסוּר לְמָכְרוֹ לְחָשׁוּד. וְלִמְלָאכָה שֶׁאֶפְשָׁר שֶׁתִּהְיֶה אֲסוּרָה וְתִהְיֶה מֻתֶּרֶת מֻתָּר לְמָכְרוֹ לְחָשׁוּד:
2These 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).
ג׳כֵּיצַד. מוֹכֵר הוּא לוֹ הַמַּגָּל וְהָעֲגָלָה וְכָל כֵּלֶיהָ. שֶׁאִם יִקְצֹר בּוֹ מְעַט וְיָבִיא עַל הָעֲגָלָה מְעַט הֲרֵי זֶה מֻתָּר. וְאִם יִקְצֹר כְּדֶרֶךְ הַקּוֹצְרִין אוֹ יָבִיא כָּל פֵּרוֹת שָׂדֵהוּ אָסוּר:
3What 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.
ד׳וּמֻתָּר לִמְכֹּר סְתָם לְמִי שֶׁאֵינוֹ חָשׁוּד אֲפִלּוּ דָּבָר שֶׁמְּלַאכְתּוֹ מְיֻחֶדֶת לִמְלָאכָה הָאֲסוּרָה בַּשְּׁבִיעִית. שֶׁהֲרֵי אֶפְשָׁר שֶׁקָּנָה בַּשְּׁבִיעִית לַעֲשׂוֹת לוֹ מְלָאכָה לְאַחַר שְׁבִיעִית:
4It 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.
ה׳הַיּוֹצֵר מוֹכֵר חָמֵשׁ כַּדֵי שֶׁמֶן וַחֲמִשָּׁה עָשָׂר כַּדֵּי יַיִן. וּמֻתָּר לִמְכֹּר לְעַכּוּ"ם יֶתֶר מִזֶּה וְאֵינוֹ חוֹשֵׁשׁ שֶׁמָּא יִמְכֹּר לְיִשְׂרָאֵל. וּמוֹכֵר כַּדִּים רַבִּים לְיִשְׂרָאֵל בְּחוּצָה לָאָרֶץ וְאֵינוֹ חוֹשֵׁשׁ שֶׁמָּא יְבִיאֵם לָאָרֶץ:
5A 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)].
ו׳וּמוֹכֵר לְחָשׁוּד פָּרָה חוֹרֶשֶׁת בַּשְּׁבִיעִית שֶׁהֲרֵי אֶפְשָׁר לְשָׁחֳטָהּ. וּמוֹכֵר לוֹ שָׂדֵהוּ שֶׁהֲרֵי אֶפְשָׁר שֶׁיּוֹבִירָהּ. אֲבָל לֹא יִמְכֹּר לוֹ שְׂדֵה הָאִילָן אֶלָּא אִם כֵּן פָּסַק עִמּוֹ עַל מְנָת שֶׁאֵין לוֹ בָּאִילָן. וּמַשְׁאִילוֹ סְאָה לִמְדֹּד בָּהּ אַף עַל פִּי שֶׁהוּא יוֹדֵעַ שֶׁיֵּשׁ לוֹ גֹּרֶן שֶׁהֲרֵי אֶפְשָׁר שֶׁיִּמְדֹּד בָּהּ בְּתוֹךְ בֵּיתוֹ. וּפוֹרֵט לוֹ מָעוֹת אַף עַל פִּי שֶׁהוּא יוֹדֵעַ שֶׁיֵּשׁ לוֹ פּוֹעֲלִים. וְכֻלָּן בְּפֵרוּשׁ אֲסוּרִים:
6One 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.
ז׳וְכֵן מַשְׁאֶלֶת אִשָּׁה לַחֲבֶרְתָּהּ הַחֲשׁוּדָה עַל הַשְּׁבִיעִית נָפָה וּכְבָרָה רֵחַיִם וְתַנּוּר. אֲבָל לֹא תָּבֹר וְלֹא תִּטְחֹן עִמָּהּ:
7Similarly, 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.
ח׳מַחֲזִיקִין יְדֵי עַכּוּ"ם בַּשְּׁבִיעִית בִּדְבָרִים בִּלְבַד. כְּגוֹן שֶׁרָאָהוּ חוֹרֵשׁ אוֹ זוֹרֵעַ אוֹמֵר לוֹ תִּתְחַזֵּק אוֹ תַּצְלִיחַ וְכַיּוֹצֵא בִּדְבָרִים אֵלּוּ. מִפְּנֵי שֶׁאֵינָם מְצֻוִּין עַל שְׁבִיתַת הָאָרֶץ. אֲבָל לֹא יְסַעֲדֶּנוּ בַּיָּד. וּמֻתָּר לִרְדּוֹת עִמָּהֶן הַכַּוֶּרֶת וְחוֹכְרִין מֵהֶן נִירִין לְפִי שֶׁאֵינָן בְּנֵי חִיּוּב כְּדֵי לִקְנֹס אוֹתָן:
8We 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.
ט׳מֻתָּר לַעֲשׂוֹת בְּסוּרְיָא בְּתָלוּשׁ אֲבָל לֹא בַּמְחֻבָּר. כֵּיצַד. דָּשִׁין וְזוֹרִין וְדוֹרְכִין וּמְעַמְּרִין. אֲבָל לֹא קוֹצְרִין וְלֹא בּוֹצְרִין וְלֹא מוֹסְקִין. וְכֵן כָּל כַּיּוֹצֵא בְּאֵלּוּ:
9In 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.
י׳כְּשֵׁם שֶׁאָסוּר לַעֲשׂוֹת סְחוֹרָה בְּפֵרוֹת שְׁבִיעִית אוֹ לְשָׁמְרָן כָּךְ אָסוּר לִקַּח מֵעַם הָאָרֶץ. לְפִי שֶׁאֵין מוֹסְרִין דְּמֵי שְׁבִיעִית לְעַם הָאָרֶץ. וַאֲפִלּוּ כָּל שֶׁהוּא. שֶׁמָּא לֹא יֹאכַל אוֹתָן בִּקְדֻשַּׁת שְׁבִיעִית:
10Just 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.
י״אהַלּוֹקֵחַ לוּלָב מֵעַם הָאָרֶץ בַּשְּׁבִיעִית נוֹתֵן לוֹ אֶתְרוֹג מַתָּנָה. וְאִם לֹא נָתַן לוֹ מַבְלִיעַ לוֹ דְּמֵי אֶתְרוֹג בִּדְמֵי לוּלָב:
11When 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.
י״בבַּמֶּה דְּבָרִים אֲמוּרִים בִּזְמַן שֶׁהָיָה מוֹכֵר פֵּרוֹת שֶׁכְּמוֹתָן בְּשָׁמוּר כְּגוֹן תְּאֵנִים וְרִמּוֹנִים וְכַיּוֹצֵא בָּהֶן. אֲבָל הָיָה מוֹכֵר פֵּרוֹת שֶׁחֶזְקָתָן מִן הַהֶפְקֵר כְּגוֹן הַפֵּיגָם וְהַיַּרְבּוּזִין וְהַשּׁוֹטִים וְהַחֲלַגְלוֹגוֹת וְהַכֻּסְבַּר שֶׁל הָרִים וְכַיּוֹצֵא בָּהֶן הֲרֵי זֶה מֻתָּר לִקַּח מִמֶּנּוּ מְעַט כִּדְמֵי שָׁלֹשׁ סְעֻדּוֹת בִּלְבַד מִשּׁוּם כְּדֵי חַיָּיו שֶׁל מוֹכֵר:
12When 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).
י״גוְכָל דָּבָר שֶׁאֵינוֹ חַיָּב בְּמַעַשְׂרוֹת כְּגוֹן שׁוּם בַּעַל בְּכִי וּבָצָל שֶׁל רִכְפָּה וּגְרִיסִין הַקִּלְקִיּוֹת וַעֲדָשִׁים הַמִּצְרִיּוֹת וְכֵן זֵרְעוֹנֵי גִּנָּה שֶׁאֵינָן נֶאֱכָלוֹת כְּגוֹן זֶרַע לֶפֶת וּצְנוֹן וְכַיּוֹצֵא בָּהֶן הֲרֵי אֵלּוּ נִלְקָחִין מִכָּל אָדָם בַּשְּׁבִיעִית:
13Similarly, 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.
י״דבַּמֶּה דְּבָרִים אֲמוּרִים בְּעַם הָאָרֶץ סְתָם. אֲבָל מִי שֶׁהוּא חָשׁוּד לַעֲשׂוֹת סְחוֹרָה בְּפֵרוֹת שְׁבִיעִית אוֹ לִשְׁמֹר פֵּרוֹתָיו וְלִמְכֹּר מֵהֶן אֵין לוֹקְחִין מִמֶּנּוּ דָּבָר שֶׁיֵּשׁ עָלָיו זִקַּת שְׁבִיעִית כְּלָל. וְאֵין לוֹקְחִין מִמֶּנּוּ פִּשְׁתָּן אֲפִלּוּ סָרוּק. אֲבָל לוֹקְחִין מִמֶּנּוּ טָווּי וְשָׁזוּר:
14When 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.
ט״והֶחָשׁוּד עַל הַשְּׁבִיעִית אֵינוֹ חָשׁוּד עַל הַמַּעַשְׂרוֹת. וְהֶחָשׁוּד עַל הַמַּעַשְׂרוֹת אֵינוֹ חָשׁוּד עַל הַשְּׁבִיעִית. שֶׁאַף עַל פִּי שֶׁזֶּה וְזֶה מִן הַתּוֹרָה. מַעֲשֵׂר טָעוּן הֲבָאַת מָקוֹם מַה שֶּׁאֵין כֵּן בַּשְּׁבִיעִית. וּשְׁבִיעִית אֵין לָהּ פִּדְיוֹן מַה שֶּׁאֵין כֵּן בְּמַעֲשֵׂר:
15A 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.
ט״זהֶחָשׁוּד עַל הַטָּהֳרוֹת אֵינוֹ חָשׁוּד לֹא עַל הַמַּעֲשֵׂר וְלֹא עַל הַשְּׁבִיעִית. שֶׁהָאֹכֶל הַטָּמֵא הַזֶּה שֶׁמְּכָרוֹ בְּחֶזְקַת טָהוֹר אֵינוֹ מְטַמֵּא אֲחֵרִים אֶלָּא מִדִּבְרֵי סוֹפְרִים. וְהֶחָשׁוּד לְדִבְרֵי סוֹפְרִים אֵינוֹ חָשׁוּד לְדִבְרֵי תּוֹרָה:
16A 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.
י״זכָּל הֶחָשׁוּד עַל דָּבָר אַף עַל פִּי שֶׁאֵינוֹ נֶאֱמָן עַל שֶׁל עַצְמוֹ נֶאֱמָן הוּא עַל שֶׁל אֲחֵרִים חֲזָקָה אֵין אָדָם חוֹטֵא לַאֲחֵרִים. לְפִיכָךְ הֶחָשׁוּד עַל הַדָּבָר דָּנוֹ וּמְעִידוֹ:
17Whenever 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.
י״חהַכֹּהֲנִים חֲשׁוּדִין עַל הַשְּׁבִיעִית לְפִי שֶׁהֵם אוֹמְרִים הוֹאִיל וְהַתְּרוּמוֹת מֻתָּרוֹת לָנוּ אַף עַל פִּי שֶׁהֵן אֲסוּרִין עַל הַזָּרִים בְּמִיתָה קַל וָחֹמֶר פֵּרוֹת שְׁבִיעִית. לְפִיכָךְ סְאָה תְּרוּמָה שֶׁנָּפְלָה לְמֵאָה סְאָה שֶׁל פֵּרוֹת שְׁבִיעִית תַּעֲלֶה. נָפְלָה לְפָחוֹת מִמֵּאָה יֵרָקְבוּ הַכּל וְלֹא יִמָּכְרוּ לַכֹּהֲנִים כְּכָל מְדֻמָּע לְפִי שֶׁהֵם חֲשׁוּדִין עַל הַשְּׁבִיעִית:
18Priests 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.
י״טהַצַּבְעָנִין וְהַפַּטָּמִין לוֹקְחִין מֻרְסָן מִכָּל מָקוֹם. וְאֵינָן חוֹשְׁשִׁין שֶׁמָּא מִסְּפִיחֵי שְׁבִיעִית הוּא:
19Painters 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.
כ׳גַּבָּאֵי קֻפָּה בַּשְּׁבִיעִית לֹא יִהְיוּ מְדַקְדְּקִין בַּחֲצֵרוֹת שֶׁל אוֹכְלִין שְׁבִיעִית. וְאִם נָתְנוּ לָהֶן פַּת מֻתֶּרֶת וְאֵין חוֹשְׁשִׁין לָהּ שֶׁמָּא מִסְּפִיחֵי שְׁבִיעִית הוּא. שֶׁלֹּא נֶחְשְׁדוּ יִשְׂרָאֵל לִהְיוֹת נוֹתְנִין אֶלָּא אוֹ מְעוֹת שְׁבִיעִית אוֹ בֵּיצִים הַנִּלְקָחוֹת בִּדְמֵי שְׁבִיעִית. וּמֻתָּר לִלְווֹת מִן הָעֲנִיִּים פֵּרוֹת שְׁבִיעִית וּמַחְזִירִין לָהֶן פֵּרוֹת בְּשָׁנָה שְׁמִינִית:
20In 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.