1)

YOVEL RESUMED DURING BAYIS RISHON

(a)

Question: This is like Chachamim, who say that the 50th year (Yovel) is not counted towards the next Shemitah and Yovel cycle;

1.

According to R. Yehudah, who says that the 50th year is counted, whether or not we count Yovel, every seventh year is Shemitah!

(b)

Answer: Indeed, R. Yehudah argues. He holds that they did not count Yovelos in the days of Ezra.

(c)

Question: All must agree that Yovel did apply after Reuven was exiled, for (after this) Yirmeyahu said "mi'Ketz Sheva Shanim Teshalchu Ish Es Achiv ha'Ivri Asher Yimacher Lecha";

1.

Question: "Mi'Ketz Sheva" connotes that an Eved Ivri will go free at the end of seven years, but then it says that he will work six years and go free at the start of the seventh!

2.

Answer (Rav Nachman bar Yitzchak): The Navi said that a slave sold now will go free after six years, and a Nirtza (a slave who chose to keep working after six years) will go free after seven years (i.e. it will be Yovel!).

(d)

Answer #1: The Navi was rebuking Yisrael because they had not freed slaves when they should have.

(e)

Rejection: It says "va'Yishme'u va'Yeshalechu"!

(f)

Answer #2 (R. Yochanan): This teaches that Yirmeyahu returned the exiled Shevatim (of Malchus Yisrael, therefore, Yovel resumed); Yoshiyah ha'Melech ruled over them.

(g)

Question: What is the source that they returned?

(h)

Answer: After Reuven was exiled, Yechezkel said "Ki ha'Mocher El ha'Mimkar Lo Yashuv" - if Yovel did not apply then, there would be no need to say this (that sales will not return)!

1.

Rather, we must say that Yirmeyahu returned them (Yovel did apply, Yechezkel prophesied that it would cease).

(i)

Question: What is the source that Yoshiyah ruled over them?

(j)

Answer #1 - Question: "Va'Yomer Mah ha'Tziyon ha'Laz... ha'Mizbe'ach Beis Kel" - what was Yoshiyah (Melech Yehudah) doing in Beis Kel (in Malchus Yisrael)?

1.

Answer: After Yirmeyahu returned the exiled Shevatim, Yoshiyah ruled over them.

(k)

Answer #2 (Rav Nachman bar Yitzchak): It says "Gam Yehudah Shas Katzir Lach b'Shuvi Shevus Ami" ("Reish" and "Nun" are interchangeable, it is as if says "Katzin" - when the exiled Shevatim return, Yehudah will rule over them).

2)

BATEI HA'CHATZERIM

(a)

(Mishnah): One who sells a house not in a walled city (we will call this a Beis Chatzer) has the advantages of one who sold a Bayis Ir Chomah and a field:

1.

He can redeem it any time during the first year (for the full price), like Batei Ir Chomah;

2.

It returns to him in Yovel, and (if he wants) he can redeem it earlier, according to Gira'on Kesef, like a field (Sedeh Achuzah).

(b)

(Gemara - Beraisa): "Al Sedeh ha'Aretz Yechashev" equates a Beis Chatzer to a Sedeh Achuzah:

1.

Just like a sold field returns in Yovel and can be redeemed earlier according to Gira'on Kesef, the same applies to a Beis Chatzer;

2.

Suggestion: Just like one cannot redeem a sold field before two years, the same should apply to a Beis Chatzer!

3.

Rejection: "Ge'ulah Tihyeh Lo" allows immediate redemption.

4.

Suggestion: Since one has the best redemption rights of a house and field, it should not return in Yovel!

5.

Rejection: It says "uva'Yovel Yetzei."

(c)

Question: What does this mean? (Since it is equated to a Sedeh Achuzah, surely it returns in Yovel!)

(d)

Answer (Rav Huna): The verse teaches about one (Reuven) who was Makdish a Beis Chatzer, and Shimon redeemed it, and Yovel came in the second year (after the redemption):

1.

If we equate it to a Bayis Ir Chomah, it was Chalut after one year, so it cannot be redeemed;

2.

If we equate it to a field, it should be given to Kohanim!

3.

"Uva'Yovel Yetzei" teaches that it returns to Reuven.

(e)

Question (Ze'ira): The same should apply even if no one else redeemed it!

(f)

Answer (Abaye): In such a case, it does not return (for free). This is a Gezeirah, lest people think that (also in other cases) Hekdesh becomes Chulin without redemption. (R. Gershom explicitly calls this a Gezeirah. However, the Gemara learns it from a Kal va'Chomer, implying that it is mid'Oraisa! See Ma'aseh Choshev.)

(g)

Question: What is the source of this (that redemption is needed)?

(h)

Answer: We learn from a Levi who was Makdish:

1.

If a Levi sells, he has great Ko'ach (permanent redemption rights), yet he has little Ko'ach regarding Hekdesh (he never gets it back without redemption);

2.

If a Yisrael sells, he has little Ko'ach (he cannot redeem after Yovel). All the more so he has little Ko'ach regarding Hekdesh!

(i)

Question: What is the source that a Levi has little Ko'ach regarding Hekdesh?

(j)

Answer - Suggestion: Perhaps "v'Yotza Mimkar (... ba'Yovel", i.e. a sale returns) even for slaves, Metaltelim and documents!

1.

Rejection: It says "Bayis v'Ir Achuzaso." (Only houses and cities return/)

2.

Question: What do we learn from "Mimkar"?

3.

Answer: A sale returns for free, but Hekdesh returns only after Pidyon.

(k)

Rav Huna (taught above that if Reuven was Makdish a Beis Chatzer, and Shimon redeemed it, it returns to Reuven. He) argues with R. Oshaya;

1.

(R. Oshaya): "V'Nasan ha'Kesef v'Kam Lo" connotes that one who redeems any Hekdesh keeps it (permanently);

2.

Regarding Sedeh Achuzah it says "v'Hayah ha'Sadeh b'Tzeiso va'Yovel Kodesh la'Shem." It is given to Kohanim in Yovel, but one who redeems a Beis Chatzer keeps it.

(l)

Question: What does he learn from "uva'Yovel Yetzei"?

(m)

Answer (Rav Papa): This teaches about one who sold a Beis Chatzer, and Yovel came in the second year (after the sale):

1.

If we equate it to a Bayis Ir Chomah, it was Chalut after one year, so it cannot be redeemed;

2.

If we equate it to a field, the buyer keeps it until (after Yovel, when) he finishes his two years of crops!

3.

"Uva'Yovel Yetzei" teaches that it returns to the seller.

(n)

A Beraisa supports Rav Huna and refutes R. Oshaya;

1.

(Beraisa): If Reuven was Makdish a Beis Chatzer, he can redeem it immediately, or at any time;

2.

If someone else redeemed it, and Reuven did not buy it back before Yovel, it returns to him in Yovel.

33b----------------------------------------33b

(o)

(Mishnah): If a city has only two Chatzeros with at least two houses (in each), a house in the city is a Beis Chatzer, even if the city has a wall from the time of Yehoshua.

(p)

(Gemara - Beraisa) Question: "Batei ha'Chatzerim" implies that the city has no wall. What do we learn from "Asher Ein Lahem Chomah"?

1.

Answer: (If the city is small,) even if it has a wall, it is as if it does not.

2.

Question: How many houses can it have (and be considered unwalled)?

3.

Answer: "Batim" connotes two houses, "Chatzeros" connotes two courtyards. It can have two Chatzerim with two houses in each.

4.

Question: We should say that it can have only two Chatzeros with one house in each!

5.

Answer: If so, it should have said only "Chatzerim" (and omitted "Batei").

6.

Question: If so, perhaps we would have thought that this refers to Chatzeros even without houses!

7.

Answer: No. A Chatzer without a house is called a Karfef, but not a Chatzer.

3)

REDEMPTION RIGHTS OF LEVIYIM

(a)

(Mishnah - Rebbi): If a Yisrael inherited (a house) from a Levi, e.g. from his mother's father, he does not (have limited rights to) redeem like this one (like a regular Yisrael, i.e. only within the year. Rather, he can redeem it at any time);

(b)

Likewise, if a Levi inherited from a Yisrael, he does not (have rights to) redeem like this one (like a regular Levi). "Ki Batei Arei ha'Leviyim Hi Achuzasam" teaches that permanent redemption rights are only for a Levi (who sold a house) in a Levite city (this will be explained).

(c)

Chachamim say, this applies only in Arei ha'Leviyim.

(d)

(Gemara) Question: If a Yisrael does not redeem like this, like whom does he redeem?

1.

Suggestion: He redeems like a Levi.

2.

Rejection (Seifa): He must be a Levi in a Levite city.

(e)

Correction: Rebbi means that he redeems only like this (i.e. only within one year), unless he is a Levi in a Levite city.

(f)

Question: Granted, the house must be in a Levite city - it says "Ki Batei Arei ha'Leviyim... ";

1.

Why must he be a Levi?

(g)

Answer (Beraisa) Suggestion: Perhaps a Levi has permanent redemption rights only when he redeems from a Yisrael, for he has greater Ko'ach (for redemption) than the buyer, but not from a Levi, who has equal Ko'ach!

1.

Rejection: "Va'Asher Yig'al Min ha'Leviyim" includes when he redeems from a Levi.

2.

Also, "Min ha'Leviyim" excludes some Leviyim, i.e. one who is a Mamzer or Nasin (his mother descends from a Nasin). All the more so, a Yisrael is excluded!

(h)

Chachamim hold that permanent redemption applies only in Arei ha'Leviyim;

1.

They do not require the seller to be a Levi.

4)

CITY DESIGN

(a)

(The Torah commands to surround Arei Leviyim with 1000 Amos of Migrash (empty, unseeded land) and 1000 Amos of field and vineyards.)

(b)

(Mishnah): We may not convert a Migrash to be a city (i.e. to build houses) or field, or vice-versa;

(c)

R. Elazar says, this applies only to Arei Leviyim, but in Arei Yisrael, we may convert a field to be a Migrash or (some texts - but not) a Migrash to be a field;

(d)

We may convert a Migrash to be a city, but not vice-versa, lest Arei Yisrael become desolate.

(e)

Kohanim and Leviyim can sell and redeem at any time - "Ge'ulas Olam Tihyeh la'Leviyim."

(f)

(Gemara - Mishnah - R. Elazar): This applies only to Arei Leviyim, but in Arei Yisrael, we may...

(g)

Question: All forbid in Arei Leviyim. What is the source?

(h)

Answer (R. Elazar (the Amora)) Question: What do we learn from "u'Sadeh Migrash Areihem Lo Yimacher"?

1.

Suggestion: They cannot be sold at all.

2.

Rejection: It says "Ge'ulas Olam Tihyeh la'Leviyim." If Leviyim can redeem, obviously they can sell!

3.

Rather, "Lo Yimacher" means, they may not change (between Migrash and city or field).

5)

REDEMPTION RIGHTS OF LEVIYIM

(a)

(Mishnah): Kohanim and Leviyim can sell and redeem at any time.

(b)

(Beraisa) Question: What do we learn from "Ge'ulas Olam Tihyeh la'Leviyim"?

(c)

Answer - Suggestion: Perhaps "b'Mispar Shenei Tevu'os Yimkar Lach" (the seller cannot redeem before two years) applies even to a Levi who sold his field!

1.

Rejection: "Ge'ulas Olam Tihyeh la'Leviyim."

2.

Suggestion: Perhaps "v'Hayah ha'Sadeh b'Tzeiso va'Yovel Kodesh la'Shem" applies even to a Levi who was Makdish his field!

3.

Rejection: "Ge'ulas Olam Tihyeh la'Leviyim."

4.

Suggestion: Perhaps "v'Kam ha'Bayis Asher ba'Ir Asher Lo Chomah la'Tzemisus" applies even to a Levi who sold his Bayis Ir Chomah!

5.

Rejection: "Ge'ulas Olam Tihyeh la'Leviyim."

(d)

Question: Granted, Leviyim received Sados (outside their cities), but they did not receive houses (or anything else) in walled cities!

1.

(Beraisa): Arei Miklat are not small towns, nor great cities, rather, intermediate cities. (Rashi does not explain how we know that intermediate cities are unwalled. Mishnah l'Melech (Hilchos Rotze'ach 8:8) - walled cities attract many people. Aruch l'Ner (Makos 10a, DH Ela) - only very big cities had walls at the time of Yehoshua.)

(e)

Answer (Rav Kahana): Leviyim received unwalled cities, and later they built walls around (some of) them.

(f)

Question: This is not considered a walled city!

1.

(Beraisa): "V'Ish Ki Yimkor Beis Moshav Ir Chomah" teaches that it was already surrounded by a wall when it was settled, but not if the wall was built later.

2.

Suggestion: Perhaps if Bnei Yisrael built a wall (and later settled there, it is considered a walled city)!

3.

Rejection: It says here "Chomah," just like it says there (regarding the cities of Og's kingdom). Just like there, they were built by Nochrim, also here.

4.

Suggestion: Perhaps if Nochrim built a wall (after Bnei Yisrael conquered Eretz Yisrael, and later it was settled) it is considered a walled city!

5.

Rejection: It says here "Chomah," just like it says there. Just like there, Nochrim built them before (Yisrael conquered them), also here.

(g)

Answer (Rav Yosef brei d'Rav Sala Chasida): The case is, Leviyim received a walled city (through the lottery to divide up Eretz Yisrael - Rashi; R. E. M. Horowitz - there was a walled city within the Migrash of one of their cities.)

(h)

Question: They must destroy the wall!

(i)

Answer (Rav Ashi): One might have thought that until they destroy the wall, it is considered a walled city, and if a house was sold it is Nichlat (after one year). The verse teaches that this is not so.

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