Mishnah
Mishnah

Comentário sobre Arachin 7:5

הַלּוֹקֵחַ שָׂדֶה מֵאָבִיו, מֵת אָבִיו וְאַחַר כָּךְ הִקְדִּישָׁהּ, הֲרֵי הִיא כִּשְׂדֵה אֲחֻזָּה. הִקְדִּישָׁהּ וְאַחַר כָּךְ מֵת אָבִיו, הֲרֵי הִיא כִּשְׂדֵה מִקְנָה, דִּבְרֵי רַבִּי מֵאִיר. וְרַבִּי יְהוּדָה וְרַבִּי שִׁמְעוֹן אוֹמְרִים, כִּשְׂדֵה אֲחֻזָּה, שֶׁנֶּאֱמַר (ויקרא כז), וְאִם אֶת שְׂדֵה מִקְנָתוֹ אֲשֶׁר לֹא מִשְּׂדֵה אֲחֻזָּתוֹ, שָׂדֶה שֶׁאֵינָהּ רְאוּיָה לִהְיוֹת שְׂדֵה אֲחֻזָּה, יוֹצֵאת זוֹ, שֶׁהִיא רְאוּיָה לִהְיוֹת שְׂדֵה אֲחֻזָּה. שְׂדֵה מִקְנָה אֵינָהּ יוֹצְאָה לַכֹּהֲנִים בַּיּוֹבֵל, שֶׁאֵין אָדָם מַקְדִּישׁ דָּבָר שֶׁאֵינוֹ שֶׁלּוֹ. כֹּהֲנִים וּלְוִיִּם מַקְדִּישִׁים לְעוֹלָם, וְגוֹאֲלִין לְעוֹלָם, בֵּין לִפְנֵי הַיּוֹבֵל, בֵּין לְאַחַר הַיּוֹבֵל:

Se alguém comprou um campo de seu pai, e seu pai morreu e depois ele o consagrou, é considerado um campo hereditário. Se ele o consagrou e depois seu pai morreu, é considerado um campo [adquirido por] compra - [estas são] as palavras do rabino Meir; O rabino Judá e o rabino Shimon dizem: é considerado um campo de possessão, como se diz: "E se um campo que ele possui, que não é o seu campo hereditário" (Levítico 27:22) - é um campo que não é capaz de tornar-se um campo hereditário, excluindo assim um campo capaz de se tornar um campo hereditário. Um campo [adquirido por] compra não sai para os sacerdotes no ano do Jubileu, pois ninguém pode consagrar um objeto que não lhe pertence. Sacerdotes e levitas podem consagrar [seus campos] a qualquer momento e resgatar a qualquer momento, antes e depois do jubileu.

Bartenura on Mishnah Arakhin

הלוקח שדה מאביו, מת אביו ואח"כ הקדישה הרי היא כשדה אחוזה – for prior to his dedicating/sanctifying it (i.e., his hand), it fell to him as an inheritance. Therefore, if he comes to redeem it, he redeems a Bet Kor for fifty shekels like an ancestral land, but he does not redeem it, but another redeems it, and it goes to the Kohanim in the Jubilee year (see Leviticus 27:16: “If anyone consecrates to the LORD any land that he owns/שדה אחוזתו, it assessment shall be in accordance with the seed requirements: fifty shekels of silver to a HOMER of barley seed.”).
Ask RabbiBookmarkShareCopy

English Explanation of Mishnah Arakhin

If one bought a field from his father, and his father died and afterwards he consecrated it, it is considered a field of possession. A field that is not a “field of possession” reverts to its original owner during the Jubilee, as is stated in Leviticus 27:22-24. When a son buys a field from his father, it is questionable whether that field is considered a “field of possession” because it might eventually become his possession, or whether we treat this as a field that was purchased. If the father dies and then the son consecrates the field, it is considered a field of possession because even if the son had not bought the field, it would have become his (or at least partly his) before he consecrated it.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Arakhin

הרי היא כשדה מקנה – for we follow after the time that it was dedicated/sanctified. But if he comes to redeem it, he redeems the field according to its worth like the law of an acquired field, but if he himself did not redeem but another person redeemed, it returns to him on the Jubilee [year]. For at the time it was dedicated/sanctified, its actual body was not his, for in the future it would return to his father in the Jubilee like all other sales, and like others who dedicate/sanctify an acquired field, since the person who redeems it from the hand of the treasurer restores/returns it on the Jubilee to whomever has the possession of the land [through inheritance], which is to the father of this one, for he inherits the power of his father. But the Halakha is not according to Rabbi Meir.
Ask RabbiBookmarkShareCopy

English Explanation of Mishnah Arakhin

If he consecrated it and afterwards his father died, then it is considered a field acquired by purchase, the words of Rabbi Meir. Rabbi Judah and Rabbi Shimon say: it is considered a field of possession, as it is said: “And if a field which he has, which is not a field of his possession” (Leviticus 27:22) a field which is not capable of becoming a field of his possession, thus excluding a field which is capable of becoming a field of possession. However, if he consecrated it before his father died, there is a debate as to the status of the field. According to Rabbi Meir it is considered a field acquired by purchase. If he redeems it, he need not add an extra fifth, as is the rule with a field of possession. And if he doesn’t redeem it, during the Jubilee it reverts to its original owners. Rabbis Shimon and Judah disagree and derive through a midrash that any field that could become one’s through inheritance cannot be put into the category of a purchased field. Therefore, even if he dedicates the field purchased from his father before his father dies, it still retains the status of a “field of possession.” If he redeems it he will need to add an extra fifth, and if he doesn’t redeem it, it will become the possession of the priests during the Jubilee year.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Arakhin

שדה מקנה – that he dedicated/sanctified it and another redeemed it, it does not out to the Kohanim on the Jubilee [year], for a person does not dedicate/sanctify something that is not his, and the land was not his other than until the Jubilee.
Ask RabbiBookmarkShareCopy

English Explanation of Mishnah Arakhin

A field acquired by purchase does not go out to the priests in the year of the Jubilee, for no man can consecrate an object not belonging to him. A field that is purchased does not really belong to the purchaser because the field will eventually revert to the original owner’s possession during the following Jubilee. Therefore, it never becomes the possession of the priests. The purchaser cannot truly consecrate it because it was never his.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Arakhin

כהנים ולוים מקדישים לעולם – and even during the actual year of Jubilee itself. But an Israelite who dedicated/sanctified his field in the Jubilee year itself, it is not sanctified.
Ask RabbiBookmarkShareCopy

English Explanation of Mishnah Arakhin

Priests and Levites may consecrate [their fields] at any time and redeem at any time, both before and after the jubilee. There are special laws concerning a priest or Levite who dedicates his field. They may dedicate their field even within two years of the Jubilee (compare with mishnah one) and they can redeem their own field even after the Jubilee. This is different from an Israelite who can never redeem his field after the Jubilee.
Ask RabbiBookmarkShareCopy

Bartenura on Mishnah Arakhin

וגואלין לעולם – what is not the case for an Israelite who does not redeem [his field] after the Jubilee, as it is it written (Leviticus 27:20): “[But if he does not redeem the land,] and the land is sold to another, it shall no longer be redeemable,” but a Kohen or a Levite that sanctified [to the Temple] land that he inherited from his forefathers, he can always redeem it, and even if a Jubilee [year] passed on it and it was not redeemed, he can redeem it after the Jubilee, as it is written (Leviticus 25:32): “[As for the cities of the Levities, the houses in the cities that they hold -] the Levities shall forever have the right of redemption.”
Ask RabbiBookmarkShareCopy
Versículo anteriorCapítulo completoPróximo versículo