Rosh Hashanah 9b (ט:) — the Talmud in English

The beraita above [8b] expounds the verse in the passage concerning the Jubilee [Leviticus 25], in verse 11: "

It is the Jubilee year; the fiftieth year shall be for you."

The Gemara now cites a beraita that expounds what is stated in verse 10: "

It is the Jubilee; it shall be for you."

To understand the sugya before us, we shall first note that the Torah states four laws concerning the Jubilee: [

a] The sounding of the shofar on Yom Kippur, as it is stated [in verse 9]: "On Yom Kippur you shall sound the shofar." [

b] The sending of the Hebrew slaves to freedom, as it is stated [in verse 10]: "And you shall proclaim freedom throughout the land." [

c] The return of land holdings: one who purchased a field from another must return it to him in the Jubilee, as it is stated [later in verse 10]: "And you shall return, each man, to his ancestral holding." [

d] The cessation of the land from sowing, reaping, and harvesting grapes, as it is stated [in verse 11]: "You shall not sow; and you shall not reap its aftergrowth, and you shall not harvest its grapes."

The Sages taught:

It is stated concerning the Jubilee in verse 10:

"It is the Jubilee

it shall be for you."

The words "it is the Jubilee" appear superfluous, since verse 11 states: "

It is the Jubilee; the fiftieth year shall be for you."

And the Sages expounded the superfluous word "Jubilee" to teach:

Even though the people did not relinquish

the lands they had purchased and did not return them to their sellers,

and

even though they did not sound the shofar.

Nevertheless, this fiftieth year is called the "Jubilee year," and it is prohibited for sowing, reaping, and harvesting grapes.

One might have thought.

Perhaps you would say that the Jubilee takes effect

even though they did not send

their slaves to freedom.

The verse states: "

Jubilee

it is."

The word "it" teaches that only if they fulfill the law of sending the slaves out in the Jubilee is it "the Jubilee year."

But if not, it is not the Jubilee, and sowing, reaping, and harvesting grapes are permitted. [

The Gemara below will explain how we learn that the word "it" teaches that the Jubilee depends on the sending out of slaves, and not on one of the other laws stated in the passage.]

These are

the words of Rabbi Yehuda.

Rabbi Yosei says:

It is stated

"It is the Jubilee."

The word "Jubilee" teaches that

even though they did not relinquish

the lands they had purchased, and

even though they did not send

the slaves to freedom, nevertheless the fiftieth year is "the Jubilee year," and sowing, reaping, and harvesting grapes are prohibited.

One might have thought,

perhaps you would say that the Jubilee takes effect

even though they did not sound

the shofar.

The verse states [

it states for this purpose]

"it."

The word "it" indicates limitation: it—and not another.

And the verse comes to exclude this possibility: specifically when they fulfilled the sounding of the shofar in the Jubilee year is it the Jubilee.

But now, since we find that one verse comes to include and another verse comes to exclude, we must explain:

Since one verse ["

Jubilee"]

includes,

teaching that the Jubilee takes effect even though all its laws were not fulfilled,

and

correspondingly

one verse ["

it"]

excludes,

teaching that it takes effect only when the laws of the Jubilee were fulfilled,

Why do I say

that the word

"Jubilee"

includes, teaching that the Jubilee takes effect

even though they did not send

the slaves, whereas the word "it" excludes,

and the Jubilee

takes effect

only if they sounded

the shofar?

Why should we not say the reverse?

Because it is possible for there never to be

an opportunity to fulfill the mitzva of

sending out slaves,

whereas it is impossible for there never to be

an opportunity for

sounding the shofar,

since shofars are available at all times, and it is reasonable that the verse made the laws of the Jubilee dependent only on something that is always available.

Alternatively,

there is another reason why it is reasonable that the Jubilee depends on the sounding of the shofar and not on the sending out of slaves:

this,

the mitzva of sounding the shofar,

is entrusted to the court,

which is charged with sounding the shofar on Yom Kippur,

and it is within its power to instruct its agent to do so.

Whereas

this,

the mitzva of sending out slaves,

is not entrusted to the court,

but to the owners of the slaves. If we were to say that the Jubilee takes effect only when the mitzva of sending out slaves was fulfilled, it would follow that if the master refused to send out his slave, the Jubilee would be nullified. It is reasonable that the verse made the Jubilee dependent only on something entrusted to the court.

The Gemara discusses Rabbi Yosei’s statement.

And we raised a difficulty with it:

What is the meaning of "alternatively"

and for what purpose did Rabbi Yosei add

"alternatively",

giving an additional reason—that sounding the shofar is entrusted to the court, whereas sending out slaves is not entrusted to it? Why is the first reason, that there could never be an opportunity to send out slaves, not sufficient? And we answer: this is what Rabbi Yosei said:

And if you would say,

if you reject the first reason and say:

It is impossible that there is not one person at the end of the world who does not send out

his slave, since it is impossible that there is no one anywhere who owns a Hebrew slave and is obligated to send him out!

Therefore I will tell you another reason [for this]:

This [

the sounding of the shofar]

is entrusted to the court, whereas this [

the sending out of slaves] is not entrusted to the court.

The Gemara now discusses Rabbi Yehuda’s view, according to which the Jubilee depends on the sending out of slaves and not on the sounding of the shofar.

And we raised a difficulty with it:

Granted, according to

the view of

Rabbi Yosei,

who derives from the word "Jubilee" that it takes effect even though the slaves were not sent out, and derives from the word "it" that the Jubilee does not take effect if the shofar was not sounded—

as he states his reason,

as he himself explained his reasoning.

But according to

the view of

Rabbi Yehuda—

what is his reason?

Why does he derive from "Jubilee" that it takes effect even if the shofar was not sounded, and from "it" that it does not take effect when the slaves were not sent out? And we answer:

The verse states: "

And you shall cause the sound of the shofar to pass,

and you shall proclaim freedom throughout the land—

it is the Jubilee."

And he holds—

Rabbi Yehuda—

that a verse is expounded

only with regard to what is written

before it,

that is adjacent to it,

and not with regard to

what is written

before what is before it,

that is, the verse preceding the verse adjacent to it.

Therefore Rabbi Yehuda derives from the word "it" that the "freedom"—the sending out of slaves—stated in the verse before it, is indispensable. But the sounding of the shofar, stated in the verse before what is before it, is not indispensable.

The Gemara further explains the matter of "freedom" in the passage:

According to everyone,

according to all opinions,

"freedom"

stated in the passage

is an expression of "liberty",

and therefore they interpreted the word "freedom" as referring to the sending out of slaves.

And we explain:

From where is this inferred?

From where do we know that the meaning of the word "freedom" is the sending out of slaves?

As it is taught in a beraita: "Freedom" is only an expression of liberty.

Rabbi Yehuda said: What

is

the meaning of the expression "freedom"?

Like one who dwells wherever he dwells,

like a free person who may live in whatever inn he desires,

and transport merchandise throughout every country.

Rabbi Hiyya bar Abba said that Rabbi Yohanan said:

This

is

the

beraita of Rabbi Yehuda and Rabbi Yosei.

But the Sages

disagree with both of them and

say:

Whether the return of the fields, the sending out of slaves, or the sounding of the shofar on Yom Kippur—

all three are indispensable to it

for the Jubilee. If one of these mitzvot was not fulfilled, the Jubilee does not take effect, and it is permitted to sow, reap, and harvest grapes during it, as in any other year.

And what is the reasoning of the Sages?

They hold

that the

verse "

it"

is expounded

both

with regard to what precedes it,

concerning freedom,

and

both

with regard to what precedes what precedes it,

concerning the sounding of the shofar.

And

it is likewise expounded

with regard to what follows it,

concerning the return of the fields. As it is stated:

a. And you shall cause the sound of the shofar to pass.

b. And you shall proclaim freedom.

c. It is the Jubilee.

d. And you shall return, each man, to his ancestral holding.

And we challenge this:

But it is written, "Jubilee

is," and the word "Jubilee" is also superfluous. What do the Sages derive from it?

And we answer: The

particular "Jubilee"

includes

that even outside Eretz Yisrael

the slaves are sent out.

And we challenge this:

But it is written: "

And you shall proclaim freedom

throughout the land,"

which implies that the Jubilee applies only in Eretz Yisrael and not outside Eretz Yisrael!

And we answer: The

particular verse, "

throughout the land," teaches that only

when freedom is practiced in the land,

when the majority of its inhabitants are dwelling there,

is

freedom also practiced

outside Eretz Yisrael.

But

when it is not practiced in the land ,

it is not practiced

also

outside Eretz Yisrael.

We learned in the Mishna: On the first of Tishrei is the New Year for years,

and for the planting

with regard to counting the first three years during which the tree is prohibited because of orla. Even if one planted a tree in Av, the first year ends at the end of Elul, and the second year begins to be counted on the first of Tishrei.

And we raised a difficulty with it:

From where do we know,

from where do we know that the first of Tishrei is the New Year for planting?

As it is written [Leviticus 19:23]:

"For three years

it shall be uncircumcised

for you;

it shall not be eaten."

produce; it shall not be eaten."

And it is written

in the following verse:

"And in the fourth year

all its fruit shall be holy, a praise to the Lord."

From here we learn that the three years of orla end in the "fourth year."

And he derives,

the tanna derives by means of a gzera shava

"year"—

"year" from

a year that begins in

Tishrei:

As it is written [Deuteronomy 11]: "The eyes of the Lord your God are upon it [the Land of Israel, to judge

As it is written [Deuteronomy 11]: "The eyes of the Lord your God are upon it [the Land of Israel, to judge

from the beginning of the year

[what will occur at its end]." And the Gemara above [8a] proved that the first of Tishrei is the New Year for this matter.

And we challenge this: Why did the tanna derive "year"—"year" by means of a gzera shava from a year that begins in Tishrei?

Let him derive [

let him learn]

"year"—

"year from

a year that begins in

Nisan.

As it is written [Exodus 12:2]:

"It is the first

[Nisan]

for you, for the months of the year"!

for you, among the months of the year!"

And we answer:

We derive

we learn

"year"

as stated with regard to planting,

which does not

mention

"months" together with it, from "year"

that begins in Tishrei,

which does not

mention

"months" together with it.

But we do not derive

we do not learn

"year"

as stated with regard to planting,

which does not

mention

"months" together with it, from "year"

that begins in Nisan,

which does mention "months" together with it,

as it says, "for the months of the year."

The sugya before us discusses the prohibition of orla with regard to one who plants before Rosh HaShana: when is one year counted for him? And when does the prohibition of orla end?

The Sages taught:

Whether one who plants

a planting,

whether one who layers

who bends the branches to the ground, covers part of them with earth, and cuts the branch off from the tree,

or whether one who grafts

a branch of one tree onto the trunk of another tree —all these are considered new plantings.

And if he planted them on the eve of the seventh year,

thirty days before Rosh HaShanah

—once Rosh HaShanah arrived,

a year was counted for him

as the first year in the count of the years of orlah. From that point onward, he need count only two additional years during which orlah is prohibited.

And

likewise,

it is permitted to retain them

—those saplings that he planted up to thirty days before Rosh HaShanah—

during the seventh year,

since these saplings are not included among the produce of the seventh year.

However, if he planted, bent a branch into the ground, or grafted

less than thirty days before Rosh HaShanah [

which is something forbidden to do on the eve of the seventh year], then, once Rosh HaShanah arrived,

a year was not counted for him

as the first year in the count of the years of orlah, until the following Rosh HaShanah.

And

if that year was the eve of the seventh year,

it is forbidden to retain them [

those saplings]

during the seventh year,

because planting during the thirty days preceding the seventh year is forbidden by Torah law, due to the addition to the seventh year.