Commento su 'Arakhin 9:3
הַמּוֹכֵר בַּיִת בְּבָתֵּי עָרֵי חוֹמָה, הֲרֵי זֶה גוֹאֵל מִיָּד, וְגוֹאֵל כָּל שְׁנֵים עָשָׂר חֹדֶשׁ, הֲרֵי זֶה כְּמִין רִבִּית וְאֵינָהּ רִבִּית. מֵת הַמּוֹכֵר, יִגְאַל בְּנוֹ. מֵת הַלּוֹקֵחַ, יִגְאַל מִיַּד בְּנוֹ. אֵינוֹ מוֹנֶה לוֹ שָׁנָה אֶלָּא מִשָּׁעָה שֶׁמָּכַר לוֹ, שֶׁנֶּאֱמַר (שם), עַד מְלֹאת לוֹ שָׁנָה תְמִימָה. וּכְשֶׁהוּא אוֹמֵר תְּמִימָה, לְהָבִיא חֹדֶשׁ הָעִבּוּר. רַבִּי אוֹמֵר, יִתֵּן לוֹ שָׁנָה וְעִבּוּרָהּ:
Se uno ha venduto una casa tra le case di una città murata, può riscattarla immediatamente e in qualsiasi momento per dodici mesi. Questo è un tipo di interesse, ma non è interesse. Se il venditore è morto, suo figlio può riscattarlo. Se l'acquirente è deceduto, può essere riscattato da suo figlio. Si conta l'anno solo dal momento in cui lo ha venduto, come si dice, "Prima che sia trascorso un anno intero" (Levitico 25:30). Quando si dice "un anno pieno", viene incluso un mese intercalato. Il rabbino dice: [sempre] gli dà un anno e la sua intercalazione.
Bartenura on Mishnah Arakhin
הרי זה גאל מיד – and its law (i.e., of a house among houses in walled cities) is not like the law of an ancestral field which he does not redeem less than two years [after its sale].
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English Explanation of Mishnah Arakhin
Introduction
Our mishnah and the remainder of the chapter deal with Leviticus 25:29-35, the verses that talk about a person selling a home within a walled city. The seller has one year to redeem his home, and if he does not redeem it, it becomes the property of the purchaser.
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Bartenura on Mishnah Arakhin
הרי זה כמין ריבית – when he returns to him (i.e., the buyer) his money within a year and this one (i.e., the original seller) does not deduct from him anything, it is found that it was used in his house for the fee of the detaining of his money that certainly comes towards [collecting] interest, which is not permanently sold, but not through a sale for if he did not redeem it and it (i.e., the sale) becomes final, there is no interest charged.
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English Explanation of Mishnah Arakhin
If one sold a house among the houses of a walled city, he may redeem it at once and at any time during twelve months. When it comes to redeeming a house sold in a walled city, the seller may redeem it immediately. There is no waiting period as there is for inherited fields.
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English Explanation of Mishnah Arakhin
This is a kind of interest, yet it is not interest. Selling a house in order to redeem it looks like interest, which is prohibited, but it is not interest. If Reuven sells his house to Shimon and it stays with Shimon for a period of months and then Reuven buys it back, it looks like Shimon has loaned Reuven the money in return for use of the house. If this was actually a case of lending money, the deal would have been prohibited. It is allowed because this is actually a sale and not a loan.
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Bartenura on Mishnah Arakhin
יגאל בנו – [his son shall redeem it] within a year if he desires, but after a year, it is completely sold and it is not ever redeemed, as it is written (Leviticus 25:30): “If it is not redeemed before a complete year has elapsed, [the house in the walled city shall pass to the purchaser beyond reclaim throughout the ages; it shall not be released in the jubilee].”
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English Explanation of Mishnah Arakhin
If the seller died, his son may redeem it. If the purchaser died, it may be redeemed from his son. If the seller dies, his son has the right to redeem the house. Similarly, if the purchaser dies, the seller may redeem it from his son.
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Bartenura on Mishnah Arakhin
משעה שמכר לו – that if Reuven sold it to Shimon in Nisan and Shimon [sold it] to Levi in Iyar, once Nisan arrived, it is permanently sold, and we don’t reckon to the second sale, but rather to the fist sale [only], as it is stated (Leviticus 25:30): “before a full year has elapsed,” for it implies to this one that it was his.
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English Explanation of Mishnah Arakhin
One counts the year only from the time that he sold it, as it is said, “Before a full year has elapsed” (Leviticus 25:30). The year in which he has to redeem it is reckoned according to the date that the original owner sold the field. This is true even if his son is redeeming it, after he inherited the right to do so from his father. No matter the case, the field can be redeemed for only one year from the point of the original sale.
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Bartenura on Mishnah Arakhin
להביא חודש העיבור – for if it is a leap year (i.e., with an added month of Adar – seven times in every nineteen years), it is not completely sold until thirteen months [have passed].
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English Explanation of Mishnah Arakhin
When it says a “a full” [year] the extra month is included. Rabbi says: he is allowed a year and its extra month. During a leap year, the seller has an extra month to redeem his field. Rabbi holds that a person is allowed a full lunar year, plus the extra eleven days separating a lunar year from a solar year. This is true regardless of whether the year was a leap year or not. One always gets a solar year in which to redeem the house. This is interesting because we are used to saying that the Jewish calendar is based on the moon. While this is true with regard to the months, it seems to be less true with regard to the year. When it comes to the year, we have a mix between a lunar calendar and a solar calendar.
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Bartenura on Mishnah Arakhin
שנה ועיבורה – whether it is a simple year or whether it is a leap year, we give him the lunar year which is three-hundred and fifty-four days and the eleven extra days that a solar year has over that of a lunar year that their intercalation we complement the year with. And the Halakha is according to the Sages.
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