Parasha: Behar · Aliyah: First (Chesed)

בהר סיני, at Mount Sinai. We need to know why the Torah found it necessary to mention that this legislation was revealed at Mount Sinai. While it is true that our sages in Torat Kohanim explain that this is merely a reminder of the fact that all the commandments were given to Moses at Mount Sinai, both in general terms as well as in all their details, this does not answer the question why the Torah selected this commandment to remind us of that fact. It would have made much better sense to state this fact either when relating the first or the last of the Torah's commandments. Perhaps the fact that here G'd describes His gift to the Jewish people, the land of Israel, prompted Him to remind the people that the gift of the land was conditional on the people observing the commandments they had accepted at the time they stood at Mount Sinai and received the Ten Commandments. The present tense, i.e. אשר אני נותן ties the gift to Mount Sinai where the Israelites undertook to keep the Torah.

Another reason may be related to a statement we find in Avodah Zarah 20 and considered as binding by Maimonides in chapter 3 of his treatise called Zechiyah. Here is what Maimonides writes: "It is forbidden to give a gift to a pagan (unless it is in return for services rendered)." We must remember that prior to acceptance of the Torah by the Jewish people they themselves were legally in the category of pagans, i.e. G'd could not legally make a gift of the land of Israel to the Jewish people until they offered some value in return. He could only give the land of Israel to them after the revelation at Mount Sinai. G'd alluded to this when the Torah mentioned Mount Sinai as the reason for "the land which I am about to give to you." This also answers the question why G'd had to say: "which I am giving to you." There was never any doubt that it was G'd from whom we would receive this gift so that we could have erred if the Torah did not repeat it. You will note that in Leviticus 19,23 where the Torah legislates about the ערלה restrictions the subject is introduced as follows: "when you come to the land and plant fruit-bearing trees, etc." In that instance the Torah did not mention who gives the land to the Israelites, etc. This supports our theory about why G'd selected the example of our verse to teach us that the gift of the land of Israel is tied to the experience at Mount Sinai.

דנר אל בני ישראל, "speak to the children of Israel, etc." The reason the Torah repeats דבר ואמרת is that this legislation involves both a prohibition to work the land (for a limited period) as well as denying oneself ownership of what one's field or orchard produces during that year (especially the fruit of the trees which grow without planting). The Torah uses the relatively harsh expression דבר to introduce the prohibition to work the land seeing it is difficult for a farmer to reconcile himself to such a commandment. The expresssion ואמרת applies to the requirement to declare one's produce הפקר, i.e. accessible to anyone who finds it, something which does not involve too much hardship as the farmer becomes the beneficiary of his neighbour's parallel declaration. Moreover, G'd's promise that the land would produce an extra generous harvest during the sixth year of the cycle (compare verse 21) will gladden the heart of the farmer and reconcile him to loss of ownership of what his own field or orchard produces during the seventh year.

Another reason why the apparent duplication of דבר ואמרת is justified is the dual nature of the "Sabbath" i.e. rest, of the land. One aspect of this legislation is that the King commanded us to let the land lie fallow, ergo we carry out this command. 2) Although the practical performance of this commandment involves the relationship between man and man rather than the relationship between man and G'd, our obligation to comply is anchored in our relationship with G'd, i.e. the fact that the gift of the land to the Jewish people had been made conditional on our observing the Torah. When G'd did not say: "I have given you the land," but "I am giving you the land," He made it plain that the condition which is attached to that gift is an ongoing one, i.e. the land never became ours irrevocably. The word דבר therefore alludes to G'd's right to legislate; the word ואמרת on the other hand, refers to the social element of this legislation which also is the prerogative of the King to legislate. The Torah is under no obligation to furnish us with the reasons which motivated G'd the legislator, when He commanded us to perform these statutes.

ושבתה הארץ שבח לשם, "and the land shall keep a Sabbath for G'd." What precisely does the Torah have in mind here? If the Torah refers to the seventh year, this is already stated in verse 4, "in the seventh year shall be a Sabbath of solemn rest for the land."

We must therefore understand this verse as belonging to the previous verse in which G'd proclaimed that He was giving us the land. Our verse is a codicil, i.e. that G'd has made a reservation concerning that gift. The reservation is that we, the new "owners," agree to to let the land rest from time to time; "to G'd," i.e. to the G'd who still has title to the land. In verse 4 the Torah defines the nature of this "rest," i.e. when and for how long it is to occur. First we are to work the land for six consecutive years and only the seventh year is to be a year of rest. If the Torah had not written the verse ושבתה הארץ and contented itself with verse 4, I would not have known that G'd had reserved a claim to that land for Himself.

Upon closer examination we find that G'd was extremely kind in this matter. Generally speaking when a gift is conditional, such a gift may be revoked when the party who received it violates the condition attached to it. In this instance G'd did us a favour by retaining part of the land He had given us as a conditional gift. When the Jewish people violated the conditions of the gift by not observing the Shemittah legislation they did not lose the entire land but merely had to recompense G'd for having deprived Him of what He had reserved for Himself, i.e. the seventh year, the שבת לשם. We find proof of this in 26,34-35 where the Torah writes: "then the land shall be paid her Sabbaths, …the rest it had not had, etc." As a result of G'd retaining part ownership of the land of Israel the gift part of the land will never be cancelled.

The reason why the Torah wrote the word ושבתה next to the words אשר אני נותן is connected to what we learned in Baba Metzia 23 that when a Torah scholar identifies an object he claims as belonging to him this is accepted without an accompanying oath. G'd's word is certainly at least as trustworthy as that of the greatest Torah scholar and there was therefore no need for Him to use an oath when giving the land of Israel to us. Besides, the gift may be considered an act of charity and G'd's utterance concerning it is to be considered as equivalent to a vow (compare Rosh Hashanah 6) so that the words ושבתה הארץ immediately after the promise אשר אני נותן are actually part of the gift itself and not an afterthought. If the Torah had relied only on verse 4 the שמטה legislation could no longer have been considered as an integral part of the gift of the land. The verse speaking about our working the land for six consecutive years, etc., would have constituted an interruption of the subject matter.

שש שנים תזרע, "You shall plant seed for six years, etc." The Torah wanted to phrase the procedure of the farmer seeding his land as a positive commandment, and the pruning of the vines in the seventh year as a negative commandment so that the negative commandment which is a derivative of a positive commandment is also considered as a positive commandment (compare Pessachim 41). Although Maimonides wrote in the first chapter of his treatise Hilchot Shemittah that the positive commandment is based on the words ושבתה הארץ שבת at the end of verse 2, this would certainly not be enough to make the act of seeding and the act of pruning positive commandments. Perhaps what Maimonides had in mind was to make a person who ignores the laws of seeding and pruning guilty of violating two positive commandments instead of merely one.

ושש שנים תזמר, "and for 6 years you shall prune your vineyard." Why did the Torah repeat the words ושש שנים when it could have written: שש שנים תזרע שדך ותזמר כרמך? Our sages explain this in chapter 5 of Massechet Shvi-it by reference to בנות שוח שביעית שלהם שניה, certain kinds of white figs which ripen only once in three years. The shemittah legislation applies starting only with the second year of the cycle. The Talmud explains that in the case of the fruits of that tree the cut-off date is the date they blossom which occurs in the seventh year so that these fruit are harvested in the second year after the shemittah year. In other words, when it comes to the trees, the time the fruit blossoms determines the calculation for when the shemittah year applies. In the case of grains and vegetables however, the time they are harvested determines the application of the shemittah prohibition as we know from Rosh Hashanah 13. There is a good reason then why the Torah had to write the words שש שנים twice, seeing that trees and fields have different six-year cycles respectively, the former determined by the time of the harvest the latter by the time the fruit blossoms.

ואספת את תבואתה, "and you shall gather in its harvest." What need was there for the Torah to write the word ואספת? Perhaps the Torah's use of the expression ואספת את תבואתה is meant to contrast with the ספיחים, the wild growing crop of the seventh year which was not planted which must not be gathered in. The intention of the Torah then would be to add a positive commandment, i.e. the type of positive commandment which is actually a derivative of the negative commandment not to harvest the wild growing crop. This would make the negative commandment not to harvest this kind of crop into a positive commandment with the appropriate halachic consequences for people transgressing it. Possibly the Torah hints that although a piece of land which has been farmed for six years consecutively does not have the strength left to produce a crop in the seventh year, especially seeing it has not even been ploughed or seeded, in this case this is precisely what will happen. The normal procedure is to cultivate a field for a year and then to give that piece of land a year of rest (compare Baba Batra 29). In other words, the Torah praises the quality of the soil in the land of Israel and assures us that observance of the legislation in this chapter will enhance the value of the land. We may even interpret the opening words דבר ואמרת as reflecting this message. The word דבר is normal, the word ואמרת which tones town the harsh דבר hinting at the veiled blessing that the observance of the שמטה legislation will result in an improvement of the yield from the soil.

We may also find a clue to the meaning of our verse in Sanhedrin 26 which reports Rabbi Yannai calling on the people to plant their fields in the seventh year as the government levied a tax on the fields and people could not have met this unless they planted a crop. Tossaphot comment on this: "how could Rabbi Yannai permit something which is forbidden by biblical injunction?" They answer on two levels. Rabbi Yannai spoke of a period when the shemittah legislation applies only because of a rabbinic decree. Alternatively, when a matter of פקוח נפש, physical survival, is involved it is in order to temporarily cancel even a biblical injunction.

והיתה שנת הארץ לכם לאכלה, "And the Sabbath-produce of the land shall be for you as food;" The principal reason for this verse is to inform us that contrary to other sacred matters which are restricted to the altar or to the priests, in this instance everybody is entitled to consume what has grown during the seventh year. The Torah then details who are all the people who are included in that permission. You may well ask that in view of this, why did the Torah have to write the word לכם, "to you," which is normally a restrictive word, i.e. "you and no one else?" All the Torah had to write was הארץ לך לאכלה! I suppose the best approach to this is as follows. Normally, I would have expected that whosoever is mentioned in the verse first is first in line for the permission to eat. We have a parallel to this when the Torah legislated the order of priorities when giving charity. In that instance (Deut. 15,7) The Torah lists: "your poor (family members)," followed by "the poor of your town," followed by the people in "your land" (based on Sifri on that verse). To ensure that we do not understand the last half of our verse in the same way as Deut. 15,7 the Torah here first wrote the word לכם to tell us that all people have an equal claim on what grows in the fields during that year.