ויקרא, פרק כ״ז, פסוק כ״ב

פרשת בחוקתי

Leviticus 27:22Sefaria

וְאִם֙ אֶת־שְׂדֵ֣ה מִקְנָת֔וֹ אֲשֶׁ֕ר לֹ֖א מִשְּׂדֵ֣ה אֲחֻזָּת֑וֹ יַקְדִּ֖ישׁ לַֽיהֹוָֽה׃

The laws of dedicating property to God draw a sharp distinction between an inherited ancestral field and a field purchased with money. When a person buys land, they do not gain absolute, eternal ownership over it. Their rights are limited to a maximum of fifty years, because when the Jubilee year arrives, the land must leave their possession and return to its original owners [רש"י, שטיינזלץ]. Consequently, when someone dedicates a purchased field, whether bought from another or received as a gift [רלב"ג], they are not actually giving the physical land to God. They are only dedicating the right to use it and the value of its crops until the Jubilee [רש"ר הירש, הופמן].

Because of this limited ownership, a purchased field is never distributed to the priests during the Jubilee year, unlike an inherited property. Regardless of whether the person who dedicated the field redeems it themselves or the temple treasurer sells it to someone else, the arrival of the Jubilee year dictates that the land must always return to its original ancestral owner [רש"י, מזרחי, ביאור יש"ר]. Furthermore, the redemption price of a purchased field is calculated based on its exact actual value, determined by the number of years remaining until the Jubilee, rather than the predetermined fixed amount used for inherited fields [תורה תמימה, רש"ר הירש].

There are, however, unique situations where a purchased field transforms into an ancestral property. The primary approach among commentators is that the law excludes a purchased field that carries the potential to become an inherited estate. A classic example is a person who buys a field from his father, dedicates it to God, and then the father passes away. The field now legally falls to the son through inheritance as well. It loses its status as a simple purchase and is judged by the stricter rules of an inherited field, meaning it requires a fixed redemption price and will transfer to the priests in the Jubilee if left unredeemed. There is a debate regarding the exact timing of the father's death in this scenario. One perspective holds that the stricter rules only apply if the father died before the field was dedicated. Conversely, another view maintains that the field's status is determined at the moment of redemption; therefore, even if the father dies after the dedication but before the field is redeemed, it is treated as a full ancestral inheritance [מלבי"ם].

Another approach offers a different explanation for this exception. It describes a situation where a person sells his ancestral field and later manages to buy back only a portion of it at a newly negotiated price. Although technically this land was repurchased and could be viewed as a standard bought field, its original status as part of his family's ancestral heritage prevents it from being treated with the more lenient rules of an ordinary purchased property [העמק דבר].

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