מה עניין שמיטה? ללמד נפשנו במידות מעולות

(1) The commandment of the releasing (shmitat) of lands: To make ownerless everything that the earth put out in the seventh year, which is called the shmitta (release) year, because of this process in which we are obligated; and that all who want to [take] its fruits may do so - as it is stated (Exodus 23:11), "But the seventh you shall release it and abandon it, and the needy among your people will eat of it, and what they leave the beasts will eat; you shall do the same with your vineyards and your olive groves." And the language of Mekhilta DeRabbi Shimon bar Yochai 23:11: "And were the vineyared and the olive groves not included?" [This] means to say that the beginning of the verse that stated, "release it and abandon it" includes everything that grows in the earth, whether they are fruits of the tree or fruits of the ground. And [so] why did Scripture specify these two? "To compare the other types of trees to the vineyard, to teach that like there is a positive commandment and a negative commandment with the vineyard - as behold, it is written explicitly about it (Leviticus 25:5), "and the grapes that you set aside, do not reap" - so too, is there a positive commandment and a negative commandment in all of the other trees." And hence, it specified vineyard and olive grove, to teach about this matter. As the intention of the verse was not specifically about the vineyard and olive grove alone, but rather it is the same with all the other fruits of the tree. Rather, it mentioned one of them and it teaches about all of them, as this is one of the devices through which the Torah is expounded. And this commandment to make all of the fruits ownerless and the other commandment that God commanded us to rest in it - as it is stated (Exodus 34:21), "and rest from plowing and reaping" - are [both] connected.

(2) It is from the roots of this commandment to affix in our hearts and make a strong impression in our minds [about] the matter of the world having been created. As (Exodus 20, 11) "in six days did God make the heavens and the earth, and on the seventh day" - in which He did not create anything - He imposed rest on Himself. And in order to remove and uproot and eradicate from our thoughts the idea of the eternity [of the world] - which the deniers of the Torah believe in, through which they destroy all its principles and break through its walls - did the requirement come upon us to expend all our time, day by day and year by year, for this matter, by counting six years and resting on the seventh so that this matter will never depart from between our eyes for all time. And this is similar to the manner in which we count the days of the week [by dividing them] into six days of work and the seventh is a day of rest. Therefore, He, blessed be He, did command to render ownerless all that the land produces in this year - in addition to resting during it (i.e. during the year) - so that a person will remember that the land which produces fruits for him every year does not produce them by its [own] might and virtue. For there is a Master over it and over its master - and when He wishes, He commands him (i.e. the master of the land) to render them (i.e. the fruit) ownerless. And there is another benefit in this matter - to acquire the trait of letting go (i.e. of one's possessions), for there is no one more generous than he who gives without hope for recompense. And there is another benefit - the outcome of this is that a person will add to his trust in God, may He be blessed, since anyone who finds it in his heart to give and abandon to the world all of the produce of his lands and his ancestral inheritance for an entire year - and educates himself and his family through this for all of his days - will never have the trait of stinginess overcome him too much, nor will he have a deficient amount of trust.

(3) From the laws of the commandment is what are the [types] of work on the land about which there is an obligation of rest by Torah writ - such as planting, pruning, reaping and harvesting; and that are forbidden by rabbinic writ - such as fertilizing, digging and work on trees such as cutting off excrescences, removing dry leave or stalks from it, placing dust [on exposed roots], raising smoke below it to kill insects, oiling saplings, pruning and removing trees; and that which they permitted to do, such as reddening with dye, hoeing under grape vines. And the law of an irrigated field. And that they should not make a dungpile in his field until the time of fertilizing is over; and that afterwards it be big and not appear like fertilizing - and its size is from one hundred and fifty seah and above. That which they said (Moed Katan 3b) that the obligation to refrain from working the land is from thirty days before the seventh year and that this is a law given to Moshe at Sinai (halacha le'Moshe miSinai). And the law of how much time from the sixth year is forbidden to work in a field of trees, and what is called a field of trees. And the prohibition of implanting shoots in the ground and grafting; what is [to be done with] his saplings; what is the law of the fruits of the seventh [year] - as we do not make a medicinal chew or a bandage from anything that is uniquely for human food, such as wheat and barley and fruits, as with them it states, "to eat it." But we do make a medicinal chew or a bandage for humans - though not for animals - from anything that is uniquely for animal food, such as thorns and thistles. And behold, that which is not uniquely for humans or animals - such as rubia, hyssop and thyme - depends on the designation of the person: [If] he designated them for food, their law is like food; but [if] he designated them for wood, their law is like wood. And the rest of its many details are elucidated in the tractate that is built upon this, and that is Tractate Sheviit (see Mishneh Torah, Laws of Sabbatical Year and the Jubilee 4).

(4) And [it] is practiced by males and females in the Land of Israel only, at the time that [the people of] Israel is there - as it is stated about it (Leviticus 25:2), "When you come to the land." And it is practiced rabbinically even at this time, only in the Land. And any place (Mishnah Sheviit 5:1) that those [Jews] that came up form Babylonia controlled until Keziv - but not including Keziv - is included in the prohibition of work, and all of the aftergrowth that grows there is forbidden to eat. As [these Jews] sanctified the places that they controlled forever. But in the places that those [Jews] that came up from Egypt controlled, but not those that came up from Babylonia - which is from Keziv to the river and to Amanah - even though, since they were stringent about [it], they are rabbinically forbidden today regarding work on the seventh [year], [nonetheless] the aftergrowth that grows there is permissible to eat; as it was not sanctified by those that that came up from Babylonia. And it is permissible even [for work] from the river and from Amanah and further. [With regards to] Syria, even though the seventh [year] is not practiced in it from Torah writ, they decreed that those places should be forbidden in work like the Land of Israel. And Syria is from the places that David conquered before all of the Land of Israel was conquered - and that is what our Rabbis, may their memory be blessed, called the conquest of an individual (Mishneh Torah, Laws of Heave Offerings 1:3, 9). And that land corresponds to Aram Nehorayim and Aram Tsovah, all along the Euprates to Babylonia, [including] such [places] as Damascus and Allepo and Charan and other places close to these. But the seventh [year] is not practiced in Ammon, Moav, Egypt and Shinnar, even though they are obligated in tithing (Mishnah Yadayim 4:3). And all the more so is it not practiced in the other places outside of the Land. And one who transgresses it and seals his vineyard or his field on the seventh [year] - or gathered all of his fruits into his house at the time that Israel is on their land - has violated a positive commandment. And nonetheless it is permissible to gather from them to his house a little bit at a time to eat - so long as the hand of everyone is equal in them, as if there were no known owners to the land.

(1) That he release all of his loans in the seventh [year]: To abandon all of his debts on the sabbatical year. And about this is it stated (Deuteronomy 15:3), "and that which you have with your brother, release your hand." And the warning is repeated about this commandment, as it is stated (Deuteronomy 15:2), "And this is the matter of the sabbatical year, every owner of a debt shall release his hand." And they said in the Tosefta (brought in Gittin 36a), "The verse is speaking about two releases: one is the release of land and [the other] is release of monies."

(2) I have already written in Mishpatim on the commandment of the release of lands (Sefer HaChinukh 84) that which I have known about the root of the commandment; and the release of monies also draws from the same reason - to train our souls in the virtuous traits, the trait of generosity and a kind eye, and to fix great faith in our hearts towards God, blessed be He. And then our soul will be prepared to receive the good from the Master of all, which is included in blessing and mercy. And also coming from this is a strong fence and partition to distance oneself greatly from theft and from envy for everything that there is to our neighbor. As we will draw an a fortiori argument (kal vechomer) for ourselves by saying, "Even with my money that I lent out, the Torah said to release it in the hand of the borrower when the sabbatical year arrives; is it not all the more so that with not stealing and not having envy for that which is his, that it is fitting for me to distance myself to the [other] extreme?"

(3) From the laws of the commandment is that which they, may their memory be blessed, said (Arakhin 28b) that the sabbatical year only releases at its end, when the sun sets on the eve of Rosh Hashanah (the new year) of the conclusion of the seventh [year], as it is stated (Deuteronomy 15:1), "At the end of seven years." And it releases even a loan in a deed that [is backed with a lien] on properties. But if he decided a [specific] field for him for the loan, it does not release it. So wrote Rambam, may his memory be blessed (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 9:6), but it is a wonder, since Rabbi Yochanan pushed off [this opinion] in the chapter [entitled] Hasholeach (Gittin 37a).

(4) A [revolving] account of a store and the wage of a wage worker is not released. But if they stood them as a loan, it is released. And the same is the law with penalties. The marriage contract (ketuvah) of one who divorces his wife before the sabbatical year is not released unless she damages [its full value] or stood it up against him as a loan. And one who makes a loan upon a pledge, it is not released - and that is when the debt corresponds to the pledge. So wrote Rambam, may his memory be blessed, (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 9:14). But in the chapter [entitled] Hazahav (Bava Metzia 48a), we say that [it is not released] even though it is only worth half of the debt. And these words are speaking about movable items, but a pledge of land [depends]: in a place that they remove one [from the land], the seventh [year] releases - and a first-born does not take a double-portion, since it is like a total debt; but in a place that they do not remove one [from it], the seventh [year] does not release it. And now that it is established for us that an undifferentiated pledge is for a year - as so was it concluded in the Gemara (Bava Metzia 68a) according to the opinion of some of the commentators - we judge all pledges like a place that they do no remove one, and [so] the seventh [year] does not release a pledge. And a first-born takes a double-portion of it; and the creditor of orphans may collect from it, as it is like their land.

(5) And one who gives over his deeds to the court and said to them, "You collect this debt for me" - [such debts] are not released. As it is stated, "and that which you have with your brother"; and this he already gave into the hand of the court. And from this reason, they, may their memory be blessed, said (Gittin 37a) that the seventh [year] does not release a debt that orphans have from others - as the [legal status] of Rabban Gamliel and his court is like the [legal status] of the father of the orphans. And after them [the same was true] of all courts in each and every generation. And [so] it is as if they gave over their deeds into the hand of the court. And also from the content of the commandment is that which they said (Makkot 3b) about one who lends to his friend for ten years, [such a loan] is not released. As when [the Torah] stated, "do not press," [it was] about a debt that is fitting to press - and this one has not yet reached its time to press. And [also] that which they said that one who stipulates about his debt from this fellow, [that it is] on condition that the seventh [year] not release it, behold it releases [nonetheless] - as he is like someone who makes a condition against what is written in the Torah. But if he said to him, "On condition that this obligation not be released, and even in the seventh year" - in this manner, the seventh [year] does not release it; since any condition upon money is upheld, as I have written in the Order of Behar Sinai on the commandment to not lend with interest to an Israelite (Sefer HaChinukh 339). And the rest of its details are in Tractate Sheviit (Chapter 10).

(6) And this commandment is practiced from Torah writ in the Land of Israel and in every place by males and females at the time that the Jubilee year is practiced. And I have already written at which time the Jubilee is practiced, above in the Order of Behar Sinai (Sefer HaChinukh 330). But at the time the Jubilee is not practiced, the release of lands and of monies is not practiced by Torah writ (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 9:2, 3). But rabbinically, the release of monies is practiced even at this time and even in everyplace, so that the law of the release of monies not be forgotten from Israel. And I have already written which is the sabbatical year according to the great commentators that know the ways of the Talmud, above at the end of the Order of Behar Sinai at the end of the first commandment (Sefer HaChinukh 330).

(7) And one who transgresses this and claimed a debt from his fellow that the seventh year passed at the time of the [Temple] has violated this positive commandment, besides having violated a negative commandment, as we will write in this Order, with God's help (Sefer HaChinukh 475). And at this time [such a one] has done a rabbinic prohibition. And if the court knows that the seventh [year] has passed it, they are not obligated to press [the debtor] at all, and even at this time. And even though the release of monies is only rabbinic today and it is established for us that a lien is from Torah writ (Kiddushin 13b); nonetheless the law is decided that the sages have the power to push off the word of the Torah in any matter of money, due to the [power] of the court to effectively make property ownerless (Gittin 36b).

(10) There are four types of character in human beings: One that says: “mine is mine, and yours is yours”: this is a commonplace type; and some say this is a sodom-type of character. [One that says:] “mine is yours and yours is mine”: is an unlearned person (am haaretz); [One that says:] “mine is yours and yours is yours” is a pious person. [One that says:] “mine is mine, and yours is mine” is a wicked person.