The commandment of returning land to its owners on the Jubilee: To return all the lands — whether a house, or a field, or a vineyard or orchards — to their owners without money and without a price on the Jubilee year, as it is stated (Leviticus 25:24), “And in all the land of your holding, you shall give redemption to the land.” [This is] to say in all the Land of Israel, which is your holding, you shall give redemption to the land. And Scripture elucidated the matter of redemption — which is return of the land to its owner; and as it is written (Leviticus 25:13), “In this Jubilee year, each man shall return to his holding.”
From the laws of the commandment: A few of them are elucidated in Scripture — how the law should be of the seller with the buyer when he wants to redeem his sold possession before the Jubilee year. And the distinction that Scripture elucidates is between one who sells a house in a walled city and one who sells one in open cities, that are called cities of chatserim in the language of Scripture. As the law of houses of open cities is like the law of fields. And they, may their memory be blessed, also said (Arakhin 31a) about this commandment, that if [one] sold his house among the houses of walled cities to another and the first buyer sold it to a second within the [first] year, we count [the year according to] the first. And once the year comes to an end for the first, the house is finalized to the second (it is permanently his). As the matter of selling a house among the houses of the walled cities which is permanent [after] a year is a type of penalty, with which the Torah penalized the seller, on account of love of the Land. And since it stood for a year in the hand of someone besides him, it is fitting that it be finalized in the hand of the second. And further, since the first sold it to the second, all of the right [to it] is his. And had it stood for a full year in the hand of the first, it would already have been finalized in his hand.
And that which our Rabbis, may their memory be blessed, also said (Arakhin 31b) that if the [last] day of the twelfth month arrives and [the original owner] does not find the buyer [to redeem it from him, behold he places his money in the court, breaks the door of the house and enters; and when the buyer comes,] he shall come and take his money. And that which they said (Arakhin 31b) that one who sells a house in the walled cities and the Jubilee arrives in the midst of the year of the sale, it does not go back immediately with the [start of the] Jubilee, but its law is like in other years in the years of the Jubilee [cycle] — that it is finalized with the [end of the] year if the seller does not want to redeem it. And that which they said (Arakhin 33a) [regarding] the seller of a house in the open cities — that if he wants, he can redeem [it] immediately like the law of a house from the houses of walled cities; and if does not want to redeem [it] immediately, he can redeem it even after a year like the law of fields. As they have the better power of [both] the fields, and the houses of the walled cities. And that which they said (Arakhin 32a) that the law of everything that is inside the wall, such as gardens, bathhouses, and birdhouses, is like the law of houses — as from that it is written (Leviticus 25:30), “that is in the city,” it includes it all. But if there were fields inside the city, their law is like fields outside of the city, as it is stated, “the house will be established” — meaning to say, the house and all that is similar to a house, such as bathhouses, and birdhouses and even orchards, but not fields. And a house that does not have four ells by four ells is not called a house; and therefore, it is not finalized. And a house is not finalized in Jerusalem. And a city that its roofs are its walls does not have the status of of one surrounded by a wall, but rather we require that it has a wall besides its roofs. And we also require that it was first surrounded and settled afterwards, but if it was settled [first] and surrounded afterwards, that is not a walled city. And we only rely upon a wall that surrounded [a city] from the time that Yehoshua conquered the Land. And once they were exiled in the first destruction [of the Temple], the holiness of a walled city was nullified. But when Ezra came in the second coming [to the Land of Israel], all of the cities surrounded by walls at that time were sanctified; since their coming in the time of Ezra which was the second coming, was like their coming in the time of Yehoshua: Just like their coming in the time of Yehoshua [provided that] they counted the sabbatical years and Jubilees, the walled cities were sanctified and they become obligated in the tithe; so too at the time of Ezra was it so. And so too, when the messiah will come with the third coming, we will begin to count the sabbatical years and Jubilees, the houses of walled cities that will be surrounded at that time will be sanctified and every place that will be conquered will be obligated in tithes. As it is stated (Deuteronomy 30:5), “And the Lord, your God, will bring you, etc.” — and they said (Arakhin 32b), “It compares your inheriting to the inheriting of your ancestors, etc.” And the rest of its details are elucidated in Tractate Arakhin. (See Mishneh Torah, Laws of Sabbatical Year and the Jubilee 12.)
And [it] is practiced by males and females in the Land of Israel and at the time that the Jubilee is practiced. And I have already written at which time the Jubilee is practiced, above — and it is at the time that all of Israel is on their Land in their inhabitation. And one who transgresses this and holds the land that is in his hand and does not return it to its owner has violated this positive commandment; and his punishment is very great, as it is as if he denied the story of creation.
מִצְוַת הֲשָׁבַת קַרְקַע לְבַעְלֵיהֶן בַּיּוֹבֵל – לְהָשִׁיב כָּל הַקַּרְקָעוֹת בֵּין בַּיִת בֵּין שָׂדֶה וְכֶרֶם וּפַרְדֵּסִין בִּשְׁנַת הַיּוֹבֵל לְבַעְלֵיהֶן בְּלֹא כֶסֶף וּבְלֹא מְחִיר, שֶׁנֶּאֱמַר (ויקרא כה כד) וּבְכֹל אֶרֶץ אֲחֻזַּתְכֶם גְּאֻלָּה תִּתְּנוּ לָאָרֶץ. כְּלוֹמַר, בְּכָל אֶרֶץ יִשְׂרָאֵל, שֶׁהִיא אֲחֻזַּתְכֶם, גְּאֻלָּה תִּתְּנוּ לָאָרֶץ. וְעִנְיַן הַגְּאֻלָּה בֵּאֵר הַכָּתוּב, שֶׁהִיא חֲזָרַת הַקַּרְקַע לִבְעָלָיו, וּכְמוֹ שֶׁכָּתוּב בִּשְׁנַת הַיּוֹבֵל הַזֹּאת תָּשֻׁבוּ אִישׁ אֶל אֲחֻזָּתוֹ.
The commandment of returning land to its owners on the Jubilee: To return all the lands — whether a house, or a field, or a vineyard or orchards — to their owners without money and without a price on the Jubilee year, as it is stated (Leviticus 25:24), “And in all the land of your holding, you shall give redemption to the land.” [This is] to say in all the Land of Israel, which is your holding, you shall give redemption to the land. And Scripture elucidated the matter of redemption — which is return of the land to its owner; and as it is written (Leviticus 25:13), “In this Jubilee year, each man shall return to his holding.”
מִשָּׁרְשֵׁי הַמִּצְוָה. מָה שֶׁכָּתַבְנוּ בְּרֹאשׁ הַסֵּדֶר (מצוה של).
What we wrote at the beginning of this Order (Sefer HaChinukh 330) is from the roots of the commandment.
מִדִּינֵי הַמִּצְוָה. קְצָתָם מְבֹאָרִים בַּכָּתוּב אֵיךְ יִהְיֶה דִּין הַמּוֹכֵר עִם הַקּוֹנֶה כְּשֶׁיִּרְצֶה לִפְדּוֹת נַחֲלָתוֹ הַנִּמְכֶּרֶת קֹדֶם שְׁנַת הַיּוֹבֵל. וְהַחִלּוּק שֶׁבֵּאֵר הַכָּתוּב שֶׁהוּא בֵּין מוֹכֵר בַּיִת בְּעִיר חוֹמָה לְמוֹכֵר אוֹתוֹ בְּעָרֵי הַפְּרָזוֹת, שֶׁנִּקְרֵאת בִּלְשׁוֹן הַכָּתוּב עָרֵי הַחֲצֵרִים. שֶׁדִּין בָּתֵּי עָרֵי הַפְּרָזוֹת כְּדִין הַשָּׂדוֹת. וְעוֹד אָמְרוּ זִכְרוֹנָם לִבְרָכָה (ערכין לא, א) בְּמִצְוָה זוֹ, שֶׁאִם מָכַר בַּיִת בְּבָתֵּי עָרֵי חוֹמָה לְאֶחָד וּמְכָרָהּ הַלּוֹקֵחַ רִאשׁוֹן לַשֵּׁנִי בְּתוֹךְ הַשָּׁנָה מוֹנִין לָרִאשׁוֹן, וְכֵיוָן שֶׁשָּׁלְמָה שָׁנָה לָרִאשׁוֹן הֻחְלַט הַבַּיִת לַשֵּׁנִי, מִפְּנֵי שֶׁעִנְיַן מוֹכֵר בַּיִת בְּבָתֵּי עָרֵי חוֹמָה שֶׁהוּא מֻחְלָט לְשָׁנָה כְּעִנְיַן קְנָס הוּא שֶׁקָּנְסָה הַתּוֹרָה לַמּוֹכֵר, מִפְּנֵי חִבַּת הָאָרֶץ, וּמִכֵּיוָן שֶׁעָמַד בְּיַד זוּלָתוֹ שָׁנָה רָאוּי הוּא שֶׁיֵּחָלֵט גַּם בְּיַד הַשֵּׁנִי. וְעוֹד, שֶׁהָרִאשׁוֹן מָכַר לַשֵּׁנִי כָּל זְכוּת שֶׁלּוֹ, וְאִלּוּ עָמְדָה שָׁנָה שְׁלֵמָה בְּיַד הָרִאשׁוֹן, כְּבָר הָיְתָה מֻחְלֶטֶת בְּיָדוֹ.
From the laws of the commandment: A few of them are elucidated in Scripture — how the law should be of the seller with the buyer when he wants to redeem his sold possession before the Jubilee year. And the distinction that Scripture elucidates is between one who sells a house in a walled city and one who sells one in open cities, that are called cities of chatserim in the language of Scripture. As the law of houses of open cities is like the law of fields. And they, may their memory be blessed, also said (Arakhin 31a) about this commandment, that if [one] sold his house among the houses of walled cities to another and the first buyer sold it to a second within the [first] year, we count [the year according to] the first. And once the year comes to an end for the first, the house is finalized to the second (it is permanently his). As the matter of selling a house among the houses of the walled cities which is permanent [after] a year is a type of penalty, with which the Torah penalized the seller, on account of love of the Land. And since it stood for a year in the hand of someone besides him, it is fitting that it be finalized in the hand of the second. And further, since the first sold it to the second, all of the right [to it] is his. And had it stood for a full year in the hand of the first, it would already have been finalized in his hand.
וּמָה שֶׁאָמְרוּ רַבּוֹתֵינוּ זִכְרוֹנָם לִבְרָכָה (שם ב) גַּם כֵּן, שֶׁאִם הִגִּיעַ יוֹם שְׁנֵים עָשָׂר חֹדֶשׁ וְלֹא נִמְצָא הַלּוֹקֵחַ [לִפְדּוֹת מִמֶּנּוּ הֲרֵי זֶה מַנִּיחַ מְעוֹתָיו בְּבֵית דִּין וְשׁוֹבֵר אֶת הַדֶּלֶת וְנִכְנָס לַבַּיִת, וְאֵמָתַי שֶׁיָּבוֹא הַלּוֹקֵחַ] יָבוֹא וְיִטֹּל מְעוֹתָיו. וּמָה שֶׁאָמְרוּ (שם) שֶׁהַמּוֹכֵר בַּיִת בְּעָרֵי חוֹמָה וְהִגִּיעַ יוֹבֵל בְּתוֹךְ שְׁנַת הַמֶּכֶר שֶׁאֵינוֹ חוֹזֵר מִיָּד בַּיּוֹבֵל, אֶלָּא דִּינוֹ כְּמוֹ בִּשְׁאָר שָׁנִים שֶׁבְּתוֹךְ שְׁנֵי הַיּוֹבֵל, שֶׁהוּא נֶחְלָט לְשָׁנָה אִם אֵין הַמּוֹכֵר רוֹצֶה לְגָאֳלָהּ. וּמָה שֶׁאָמְרוּ (שם לג, א) שֶׁהַמּוֹכֵר בַּיִת בְּעָרֵי הַחֲצֵרִים, שֶׁאִם רָצָה לִגְאֹל מִיָּד גּוֹאֵל כְּדִין בַּיִת בְּבָתֵּי עָרֵי חוֹמָה, וְאִם לֹא רָצָה לִגְאֹל מִיָּד גּוֹאֵל אוֹתָהּ אֲפִלּוּ אַחַר שָׁנָה כְּדִין שָׂדוֹת, דְּכֹחַ יָפֶה שֶׁבַּשָּׂדוֹת, וְשֶׁבְּבָתֵּי עָרֵי חוֹמָה יֵשׁ לָהֶן. וּמָה שֶׁאָמְרוּ (שם לב א) שֶׁכָּל שֶׁהוּא לִפְנִים מִן הַחוֹמָה, כְּגוֹן גַּנּוֹת, מֶרְחֲצָאוֹת וְשׁוֹבָכוֹת דִּינָם כְּבָתִּים, דְּמִדִּכְתִיב אֲשֶׁר בָּעִיר רִבָּה הַכֹּל אֲבָל אִם הָיוּ שָׂדוֹת בְּתוֹךְ הָעִיר דִּינָן כְּשָׂדוֹת שֶׁחוּץ לָעִיר, שֶׁנֶּאֱמַר וְקָם הַבַּיִת. כְּלוֹמַר, בַּיִת וְכָל הַדּוֹמֶה לְבַיִת כְּגוֹן מֶרְחֲצָאוֹת וְשׁוֹבָכוֹת וְאַף פַּרְדֵּסִין, אֲבָל לֹא שָׂדוֹת. וּבַיִת שֶׁאֵין בּוֹ אַרְבַּע אַמּוֹת עַל אַרְבַּע אֵינוֹ נִקְרָא בַּיִת, וּלְפִיכָךְ אֵינוֹ נֶחְלָט. וּבִירוּשָׁלַיִם אֵין הַבַּיִת נֶחְלָט בָּהּ. וְעִיר שֶׁגַּגּוֹתֶיהָ חוֹמָתָהּ אֵין דִּינָהּ כְּמֻקֶּפֶת חוֹמָה, אֶלָּא בָּעֵינַן שֶׁתִּהְיֶה לָהּ חוֹמָה מִלְּבַד גַּגּוֹתֶיהָ, וּבָעֵינַן גַּם כֵּן שֶׁהֻקְּפָה חוֹמָה תְּחִלָּה וְאַחַר כָּךְ נִתְיַשְּׁבָה, אֲבָל נִתְיַשְּׁבָה וְאַחַר כָּךְ הֻקְּפָה אֵין זוֹ עִיר חוֹמָה. וְאֵין סוֹמְכִין אֶלָּא עַל חוֹמָה הַמֻּקֶּפֶת בְּשָׁעָה שֶׁכָּבַשׁ יְהוֹשֻׁעַ אֶת הָאָרֶץ. וְכֵיוָן שֶׁגָּלוּ בְּחֻרְבָּן רִאשׁוֹן בָּטְלָה קְדֻשַּׁת עִיר חוֹמָה, וּכְשֶׁעָלָה עֶזְרָא בְּבִיאָה שְׁנִיָּה נִתְקַדְּשׁוּ כָּל הֶעָרִים הַמֻּקָּפוֹת חוֹמָה בְּאוֹתָהּ הָעֵת, מִפְּנֵי שֶׁבִּיאָתָן בִּימֵי עֶזְרָא שֶׁהִיא בִּיאָה שְׁנִיָּה כְּבִיאָתָן בִּימֵי יְהוֹשֻׁעַ, מַה בִּיאָתָן בִּימֵי יְהוֹשֻׁעַ מָנוּ שְׁמִטִּין וְיוֹבְלוֹת וְקִדְּשׁוּ עָרֵי חוֹמָה וְנִתְחַיְּבוּ בַּמַּעֲשֵׂר אַף בִּימֵי עֶזְרָא כֵּן, וְכֵן כְּשֶׁיָּבוֹא מָשִׁיחַ בְּבִיאָה שְׁלִישִׁית, נַתְחִיל לִמְנוֹת שְׁמִטִּין וְיוֹבְלוֹת וְיִתְקַדְּשׁוּ בָּתֵּי עָרֵי חוֹמָה שֶׁיִּהְיוּ מֻקָּפִין בְּאוֹתָהּ הָעֵת, וְיִתְחַיֵּב כָּל מָקוֹם שֶׁנִּכְבֹּשׁ בְּמַעַשְׂרוֹת, שֶׁנֶּאֱמַר (דברים ל ה) וֶהֱבִיאֲךָ יְיָ אֱלֹהֶיךָ וְגוֹ' וְאָמְרוּ (שם ב), מַקִּישׁ יְרֻשָּׁתְךָ לִירֻשַּׁת אֲבֹתֶיךָ וכו' וְיֶתֶר פְּרָטֶיהָ מְבֹאָרִים בְּמַסֶּכֶת עֲרָכִין [ה' שמטה פי"ב].
And that which our Rabbis, may their memory be blessed, also said (Arakhin 31b) that if the [last] day of the twelfth month arrives and [the original owner] does not find the buyer [to redeem it from him, behold he places his money in the court, breaks the door of the house and enters; and when the buyer comes,] he shall come and take his money. And that which they said (Arakhin 31b) that one who sells a house in the walled cities and the Jubilee arrives in the midst of the year of the sale, it does not go back immediately with the [start of the] Jubilee, but its law is like in other years in the years of the Jubilee [cycle] — that it is finalized with the [end of the] year if the seller does not want to redeem it. And that which they said (Arakhin 33a) [regarding] the seller of a house in the open cities — that if he wants, he can redeem [it] immediately like the law of a house from the houses of walled cities; and if does not want to redeem [it] immediately, he can redeem it even after a year like the law of fields. As they have the better power of [both] the fields, and the houses of the walled cities. And that which they said (Arakhin 32a) that the law of everything that is inside the wall, such as gardens, bathhouses, and birdhouses, is like the law of houses — as from that it is written (Leviticus 25:30), “that is in the city,” it includes it all. But if there were fields inside the city, their law is like fields outside of the city, as it is stated, “the house will be established” — meaning to say, the house and all that is similar to a house, such as bathhouses, and birdhouses and even orchards, but not fields. And a house that does not have four ells by four ells is not called a house; and therefore, it is not finalized. And a house is not finalized in Jerusalem. And a city that its roofs are its walls does not have the status of of one surrounded by a wall, but rather we require that it has a wall besides its roofs. And we also require that it was first surrounded and settled afterwards, but if it was settled [first] and surrounded afterwards, that is not a walled city. And we only rely upon a wall that surrounded [a city] from the time that Yehoshua conquered the Land. And once they were exiled in the first destruction [of the Temple], the holiness of a walled city was nullified. But when Ezra came in the second coming [to the Land of Israel], all of the cities surrounded by walls at that time were sanctified; since their coming in the time of Ezra which was the second coming, was like their coming in the time of Yehoshua: Just like their coming in the time of Yehoshua [provided that] they counted the sabbatical years and Jubilees, the walled cities were sanctified and they become obligated in the tithe; so too at the time of Ezra was it so. And so too, when the messiah will come with the third coming, we will begin to count the sabbatical years and Jubilees, the houses of walled cities that will be surrounded at that time will be sanctified and every place that will be conquered will be obligated in tithes. As it is stated (Deuteronomy 30:5), “And the Lord, your God, will bring you, etc.” — and they said (Arakhin 32b), “It compares your inheriting to the inheriting of your ancestors, etc.” And the rest of its details are elucidated in Tractate Arakhin. (See Mishneh Torah, Laws of Sabbatical Year and the Jubilee 12.)
וְנוֹהֶגֶת בִּזְכָרִים וּנְקֵבוֹת, בְּאֶרֶץ יִשְׂרָאֵל וּבִזְמַן שֶׁהַיּוֹבֵל נוֹהֵג. וּכְבָר כָּתַבְתִּי לְמַעְלָה בְּאֵיזֶה זְמַן הַיּוֹבֵל נוֹהֵג, וְהוּא בִּזְמַן שֶׁכָּל יִשְׂרָאֵל עַל אַדְמָתָן בְּיִשּׁוּבָן. וְהָעוֹבֵר עַל זֶה וְכָבַשׁ הַקַּרְקַע שֶׁבְּיָדוֹ וְלֹא הֶחְזִירוֹ לִבְעָלָיו בִּטֵּל עֲשֵׂה זֶה, וְעָנְשׁוֹ גָּדוֹל מְאֹד, כְּאִלּוּ כּוֹפֵר בְּמַעֲשֵׂה בְּרֵאשִׁית.
And [it] is practiced by males and females in the Land of Israel and at the time that the Jubilee is practiced. And I have already written at which time the Jubilee is practiced, above — and it is at the time that all of Israel is on their Land in their inhabitation. And one who transgresses this and holds the land that is in his hand and does not return it to its owner has violated this positive commandment; and his punishment is very great, as it is as if he denied the story of creation.