That we not sell a field in the Land of Israel in perpetuity: That we not sell a field in the Land of Israel in perpetuity, as it is stated (Leviticus 25:23), “But the land shall not be sold in perpetuity.” That is, the buyer and seller should not stipulate between them that their sale be in perpetuity — and even though the Jubilee will void [it] against their will; as it is impossible for them to stipulate about this, since it is against the commandments of the Torah — nonetheless, if they did it, they have violated this negative commandment. That is the opinion of Rambam, may his memory be blessed (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 11:1). But Ramban, may his memory be blessed, wrote (Ramban on Leviticus 25:23, and on Sefer HaMitzvot, Negative Commandments 227) that the words of the Master about this are like the matter that is mentioned in the first [chapter] of Temurah 4b, where Rava, differing with Abbaye said, “As anything that the [Torah] said not to do — if he did it, it is ineffective and he is lashed, as he has violated an edict of the King.” But he, may his memory be blessed, explained it in a different manner; that it warns (prohibits) us to not put the Land in the hand of the gentiles in perpetuity — meaning that we not sell it to them in perpetuity. He explained the verse like this: You shall not sell [it] to one who will hold it forever, and that is a gentile. But an Israelite will return it. And if he stipulated with the gentile to return it, it is permitted to sell it to him.
That which I have written in the commandment of the counting of the years of the Jubilee in this Order (Sefer HaChinukh 330) is from the roots of the commandment of the Jubilee.
From the laws of the commandment is that which they, may their memory be blessed, said (Bava Metzia 79a) that [in a case of] one who sells his field for sixty years or more — meaning that he mentions a sum of years — it does not return in the Jubilee. As the only thing that returns in the Jubilee is something that was sold undifferentiatedly or in perpetuity. As we said above, when the sale is made in perpetuity, both [parties] have transgressed this law and their actions are ineffective — as one may not make conditions to violate the Torah, and the Torah stated, “But the land shall not be sold in perpetuity.” But if they mention a number of years between them, this is not perpetuity. And maybe (However) they, may their memory be blessed, learned this thing from that which the verse stated, “shall not be sold in perpetuity,” and it did not state “shall only be sold until the Jubilee” — which implies that anything other than a final (irreversible) sale does not return in the Jubilee.
And Ramban, may his memory be blessed, explicitly wrote in his novellae (Ramban on Makkot, 3b) that [in the case of] one who stipulates, “On condition that the field will not return in the Jubilee,” his condition is not a condition and it returns in the Jubilee — even though the same is not true for the sabbatical year. As if one [loans] on condition that it will not be released by the seventh [year], it is not released by the seventh [year] — since any condition about money stands. And he gave a reason about the thing: That regarding the sabbatical year, only the lender is warned about the cancellation of debts — and as it is written (Deuteronomy 15:2), “every creditor should release his hand from that which he lent his neighbor” — but not the borrower. As if he wants to repay, the option is in his hand. But regarding the Jubilee both of them, the buyer and the seller, are warned, and as we have written. As “shall not be sold in perpetuity,” is stated to both of them, “since the land is the Lord’s,” and it is not in the hand of a person to sell it finally. And since the obligation is upon both of them, neither has the [authority] to forgive about the thing. Rather the land is forcibly returned to the one with the holding of the Land — and even if they make a thousand conditions that it should not return in the Jubilee. And it is a good reason.
And also from the laws of the commandment is that which they, may their memory be blessed, said (Arakhin 30a) that one who sells a field of holding and he had other lands — that is, land that he purchased or [others] gave to him as a gift — and [then] he sells those fields to redeem his field of holding that he sold, he is not heeded. As it is written in the section of the field of holding (Leviticus 25:26), “but he finds enough to redeem” — and the explanation comes about it, that it is until he finds something that was not available to him at the time of the sale. And so [too,] if he borrowed and wished to redeem with that loan, he is not heeded — as it is stated, “and his hand reached,” and not that he borrowed.
Fields of holding are those that came as an inheritance to each Israelite in the division of the Land, as well as anyone who merited and had his holding added to, due to shifts in the possession by a daughter that inherits possession. As it is a well-known thing that “and the possession should not move” (Numbers 36:7), was only stated about that generation alone. These are the ones called the fields of holding, and their laws are a novelty from the Torah — differing from other lands for the purposes of redemption: As a field of holding can be redeemed by the seller or its redeemer after two years, against the will of the buyer; whereas other fields — which are called a purchased field — can only be redeemed with the buyer’s consent, [or else] they stay with the buyer until the Jubilee.
And regarding the difference of houses from fields, we have already written their law later in its place (Sefer HaChinukh 340) — that the law of the houses of open (unwalled) towns is like the field of holding — meaning, that they [can also be redeemed] against the buyer’s will; as it is written (Leviticus 25:31), “it may be redeemed.” And their power is greater than the fields, in that they can be redeemed even within the [first] year, like the law of houses of walled cities. And the law of houses of walled cities is also explained in Scripture, and I have already written it later as well.
And from the content of the commandment is that which they, may their memory be blessed, also said (Bava Metzia 108a) that if one purchased a field of holding and planted trees on it and thereby enhanced [the field]; when it returns, we evaluate the enhancement that is in it for the buyer. As it is stated (Leviticus 25:33), “the sale of the house shall go out,” — and the traditional received explanation comes about it [that] the house goes back, but the enhancement does not go back. And that which they, may their memory be blessed, also said (Arakhin 29b) that if one sells his field — whether it is a field of holding or another field — he is not permitted to redeem it in less than two years, even with the permission of the buyer. As Scripture commands that the sale stay intact for two years regardless, from that which it is written (Leviticus 25:15), “for the number of years of harvests shall he sell it to you” — that is the warning to the seller; the warning to the buyer is from that which it is written, “In the number of years shall you buy”; and the minimum of [what can be referred to as] “years” is two. It seems that the matter is so that no one will sell his land without difficulty, and he should not think that he will return and buy it from the hand of the buyer tomorrow. Rather he should know that he will not be able to eat from its produce in any way for two full years from the time of the sale. And they, may their memory be blessed, also said (Arakhin 29b) that the buyer must consume two harvests during those two years, as it is stated, “years of harvests.” Therefore, if one of these two years is a year of blight or plant-disease, or a [sabbatical year], it does not count in the tally. [But they, may their memory be blessed, said that a fallow year is counted.] If he sold it in the Jubilee year itself, the sale is not a sale, and the money is returned to its owner. If he sold just the trees, they may [also] not be redeemed in less than two years. But if they are not redeemed during the Jubilee [cycle], they do not return in the Jubilee — as it is stated (Leviticus 27:25), “and return to his holding,” but not to the trees. If he sold it to the first one and the first one [sold it] to the second one and the second one to the third one — and even if there were one hundred or more [buyers] — the field returns to the [original] owner at the Jubilee, as it is stated (Leviticus 27:24), “to he who has a holding of the land.” And the rest of its details are at the end of Arakhin. (See Mishneh Torah, Laws of Sabbatical Year and the Jubilee 10.)
And [it] is practiced by males and females in the Land of Israel when its inhabitants are upon it; as all the matters of the Jubilee are only [applied] at the time when its inhabitants are upon it, as we wrote above. One who transgressed it and sold his field in perpetuity — and likewise one who purchased it from him in this way — is lashed, even though their words are not effective. And that is if they performed some act in the thing, as we do not administer lashes for a negative commandment that does not [involve] an act. This is the opinion of Rambam, may his memory be blessed. But according to the opinion of Ramban, may his memory be blessed, there are no lashes in this at all, as I wrote at the beginning of the commandment.
שֶׁלֹּא נִמְכֹּר שָׂדֶה בְּאֶרֶץ יִשְׂרָאֵל לִצְמִיתוּת – שֶׁלֹּא נִמְכֹּר שָׂדֶה בְּאֶרֶץ יִשְׂרָאֵל לִצְמִיתוּת, שֶׁנֶּאֱמַר (ויקרא כה כג), וְהָאָרֶץ לֹא תִמָּכֵר לִצְמִתֻת. כְּלוֹמַר, שֶׁלֹּא יַתְנוּ בֵּינֵיהֶם מוֹכֵר וְלוֹקֵחַ לַעֲשׂוֹת מִמִּכְרָם לִצְמִיתוּת, וְאַף עַל פִּי שֶׁהַיּוֹבֵל מַפְקִיעָהּ בְּעַל כָּרְחָם, שֶׁאִי אֶפְשָׁר לָהֶם לְהַתְנוֹת עַל זֶה, לְפִי שֶׁהוּא כְּנֶגֶד מִצְוַת הַתּוֹרָה, אַף עַל פִּי כֵן, אִם עָשׂוּ כֵּן עָבְרוּ עַל לָאו הַזֶּה, זֶהוּ דַּעַת הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (שמיטה ויובל יא א) וְהָרַמְבַּ"ן זִכְרוֹנוֹ לִבְרָכָה כָּתַב (בפירושו עה"ת כאן, ובסהמ"צ להרמב"ם ל"ת רכז) שֶׁדִּבְרֵי הָרַב בָּזֶה כָּעִנְיָן הַמֻּזְכָּר בָּרִאשׁוֹן שֶׁל תְּמוּרָה (ד, ב), דְּאָמַר רָבָא הָתָם חוֹלֵק עַל אַבַּיֵּי דְּכָל מִלְּתָא דַּאֲמַר רַחֲמָנָא לָא תַּעֲבֵד, אִי עָבֵד לָא מְהַנֵּי וְלָקֵי, מִשּׁוּם דְּעָבַר אַהֻרְמָנָא דְּמַלְכָּא וְהוּא זִכְרוֹנוֹ לִבְרָכָה פֵּרֵשׁ בְּעִנְיָן אַחֵר, שֶׁמַּזְהִיר אוֹתָנוּ שֶׁלֹּא נַצְמִית הָאָרֶץ בְּיַד הַגּוֹיִם, כְּלוֹמַר שֶׁלֹּא נִמְכְּרֶנָּה לָהֶם לִצְמִיתוּת. וּפֵרוּשׁ הַכָּתוּב כֵּן, לֹא תִּמָּכֵר לְמִי שֶׁיַּחְזִיק בָּהּ לְעוֹלָם, וְזֶהוּ הַגּוֹי, אֲבָל הַיִּשְׂרָאֵל יַחְזִיר אוֹתָהּ, וְאִם הִתְנָה עִם הַגּוֹי לְהַחְזִירָהּ מֻתָּר לְמָכְרָהּ לוֹ.
That we not sell a field in the Land of Israel in perpetuity: That we not sell a field in the Land of Israel in perpetuity, as it is stated (Leviticus 25:23), “But the land shall not be sold in perpetuity.” That is, the buyer and seller should not stipulate between them that their sale be in perpetuity — and even though the Jubilee will void [it] against their will; as it is impossible for them to stipulate about this, since it is against the commandments of the Torah — nonetheless, if they did it, they have violated this negative commandment. That is the opinion of Rambam, may his memory be blessed (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 11:1). But Ramban, may his memory be blessed, wrote (Ramban on Leviticus 25:23, and on Sefer HaMitzvot, Negative Commandments 227) that the words of the Master about this are like the matter that is mentioned in the first [chapter] of Temurah 4b, where Rava, differing with Abbaye said, “As anything that the [Torah] said not to do — if he did it, it is ineffective and he is lashed, as he has violated an edict of the King.” But he, may his memory be blessed, explained it in a different manner; that it warns (prohibits) us to not put the Land in the hand of the gentiles in perpetuity — meaning that we not sell it to them in perpetuity. He explained the verse like this: You shall not sell [it] to one who will hold it forever, and that is a gentile. But an Israelite will return it. And if he stipulated with the gentile to return it, it is permitted to sell it to him.
מִשָּׁרְשֵׁי מִצְוַת הַיּוֹבֵל, מָה שֶׁכָּתַבְתִּי בְּמִצְוַת מִנְיַן שְׁנֵי הַיּוֹבֵל שֶׁבְּסֵדֶר זֶה (מצוה של).
That which I have written in the commandment of the counting of the years of the Jubilee in this Order (Sefer HaChinukh 330) is from the roots of the commandment of the Jubilee.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (ב"מ עט, א), שֶׁהַמּוֹכֵר שָׂדֵהוּ לְשִׁשִּׁים שָׁנָה אוֹ יוֹתֵר, כְּלוֹמַר, כָּל זְמַן שֶׁיִּזְכֹּר לוֹ סְכוּם שָׁנִים אֵינוֹ חוֹזֵר בַּיּוֹבֵל, שֶׁאֵין חוֹזֵר בַּיּוֹבֵל אֶלָּא דָּבָר הַנִּמְכָּר סְתָם אוֹ הַנִּמְכָּר לִצְמִיתוּת, כְּמוֹ שֶׁאָמַרְנוּ לְמַעְלָה, שֶׁשְּׁנֵיהֶם עוֹבְרִים עַל הַלָּאו כְּשֶׁהַמֶּכֶר נַעֲשָׂה לִצְמִיתוּת, וְלֹא הוֹעִילוּ מַעֲשֵׂיהֶם, שֶׁאֵין מַתְנִין לַעֲבֹר עַל דִּבְרֵי תוֹרָה, שֶׁהַתּוֹרָה אָמְרָה וְהָאָרֶץ לֹא תִמָּכֵר לִצְמִתֻת, אֲבָל כָּל זְמַן שֶׁמַּזְכִּירִין בֵּינֵיהֶם סְכוּם שָׁנִים אֵין זֶה צְמִיתוּת, וְאוּלַי לָמְדוּ זִכְרוֹנָם לִבְרָכָה דָּבָר זֶה מֵאֲשֶׁר אָמַר הַכָּתוּב לֹא תִמָּכֵר לִצְמִיתוּת, וְלֹא אָמַר לֹא תִמָּכֵר אֶלָּא עַד הַיּוֹבֵל דְּמַשְׁמַע, שֶׁכָּל זְמַן שֶׁלֹּא מְכָרָהּ לַחֲלוּטִין אֵינָהּ חוֹזֶרֶת בַּיּוֹבֵל.
From the laws of the commandment is that which they, may their memory be blessed, said (Bava Metzia 79a) that [in a case of] one who sells his field for sixty years or more — meaning that he mentions a sum of years — it does not return in the Jubilee. As the only thing that returns in the Jubilee is something that was sold undifferentiatedly or in perpetuity. As we said above, when the sale is made in perpetuity, both [parties] have transgressed this law and their actions are ineffective — as one may not make conditions to violate the Torah, and the Torah stated, “But the land shall not be sold in perpetuity.” But if they mention a number of years between them, this is not perpetuity. And maybe (However) they, may their memory be blessed, learned this thing from that which the verse stated, “shall not be sold in perpetuity,” and it did not state “shall only be sold until the Jubilee” — which implies that anything other than a final (irreversible) sale does not return in the Jubilee.
וּבְפֵרוּשׁ כָּתַב הָרַמְבַּ"ן זִכְרוֹנוֹ לִבְרָכָה בְּחִדּוּשָׁיו בְּמַסֶּכֶת מַכּוֹת (ג, ב), שֶׁהַמַּתְנֶה עַל מְנָת שֶׁלֹּא תַּחְזֹר הַשָּׂדֶה בַּיּוֹבֵל שֶׁאֵין תְּנָאוֹ תְּנַאי וְחוֹזֵר הוּא בַּיּוֹבֵל אַף עַל פִּי שֶׁבַּשְּׁמִטָּה אֵינוֹ כֵּן, שֶׁהַמַּתְנֶה עַל מְנָת שֶׁלֹּא תִּשְׁמְטֶנָּה בַּשְּׁבִיעִית אֵינוֹ נִשְׁמָט בַּשְּׁבִיעִית, דְּכָל תְּנַאי שֶׁבְּמָמוֹן קַיָּם, וְנָתַן טַעַם בַּדָּבָר, לְפִי שֶׁבַּשְּׁמִטָּה לֹא הֻזְהַר עַל שְׁמִטַּת כְּסָפִים, כִּי אִם הַמַּלְוֶה, וּכְמוֹ שֶׁכָּתוּב שָׁמוֹט כָּל בַּעַל מַשֵּׁה יָדוֹ אֲשֶׁר יַשֶּׁה בְּרֵעֵהוּ (דברים טו ב). אֲבָל לֹא הַלֹּוֶה, שֶׁאִם רָצָה לִפְרֹעַ הָרְשׁוּת בְּיָדוֹ הוּא, אֲבָל בְּעִנְיַן הַיּוֹבֵל שְׁנֵיהֶם הֻזְהֲרוּ עָלָיו, מוֹכֵר וְלוֹקֵחַ, וּכְמוֹ שֶׁכָּתַבְנוּ, שֶׁלִּשְׁנֵיהֶם נֶאֱמַר לֹא תִמָּכֵר לִצְמִיתוּת, כְּלוֹמַר, לֹא יַתְנוּ בֵּינֵיהֶן מוֹכֵר וְלוֹקֵחַ מְכִירַת צְמִיתוּת, כִּי לה' הָאָרֶץ, וְאֵין בְּיַד בֶּן אָדָם לְמָכְרָהּ לַחֲלוּטִין, וּמִכֵּיוָן שֶׁהַחִיּוּב עַל שְׁנֵיהֶם אֵין בְּיַד אֶחָד מֵהֶם לִמְחֹל עַל הַדָּבָר, אֲבָל עַל כָּרְחָם, יָשׁוּב הַקַּרְקַע לַאֲשֶׁר לוֹ אֲחֻזַּת הָאָרֶץ, וְאַף עַל פִּי שֶׁהִתְנוּ אֶלֶף פְּעָמִים עַל מְנָת שֶׁלֹּא יָשׁוּב בַּיּוֹבֵל, וְטַעַם נָכוֹן הוּא.
And Ramban, may his memory be blessed, explicitly wrote in his novellae (Ramban on Makkot, 3b) that [in the case of] one who stipulates, “On condition that the field will not return in the Jubilee,” his condition is not a condition and it returns in the Jubilee — even though the same is not true for the sabbatical year. As if one [loans] on condition that it will not be released by the seventh [year], it is not released by the seventh [year] — since any condition about money stands. And he gave a reason about the thing: That regarding the sabbatical year, only the lender is warned about the cancellation of debts — and as it is written (Deuteronomy 15:2), “every creditor should release his hand from that which he lent his neighbor” — but not the borrower. As if he wants to repay, the option is in his hand. But regarding the Jubilee both of them, the buyer and the seller, are warned, and as we have written. As “shall not be sold in perpetuity,” is stated to both of them, “since the land is the Lord’s,” and it is not in the hand of a person to sell it finally. And since the obligation is upon both of them, neither has the [authority] to forgive about the thing. Rather the land is forcibly returned to the one with the holding of the Land — and even if they make a thousand conditions that it should not return in the Jubilee. And it is a good reason.
וְכֵן מִדִּינֵי הַמִּצְוָה, מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (ערכין ל, א) שֶׁהַמּוֹכֵר שְׂדֵה אֲחֻזָּה וְהָיוּ לוֹ שָׂדוֹת אֲחֵרוֹת, כְּלוֹמַר, שָׂדוֹת שֶׁקָּנָה הוּא אוֹ נָתְנוּ לוֹ בְּמַתָּנָה, וּמָכַר מֵאוֹתָן שָׂדוֹת כְּדֵי לִגְאֹל שְׂדֵה אֲחֻזָּתוֹ שֶׁמָּכַר, שֶׁאֵין שׁוֹמְעִין לוֹ, דִּכְתִיב בְּפָרָשַׁת שְׂדֵה אֲחֻזָּה וּמָצָא כְּדֵי גְאֻלָּתוֹ, וּבָא הַפֵּרוּשׁ עָלָיו עַד שֶׁיִּמְצָא לוֹ דָּבָר שֶׁלֹּא הָיָה לוֹ מָצוּי בְּשָׁעָה שֶׁמָּכַר, וְכֵן אִם לָוָה וְרָצָה לִגְאֹל בְּאוֹתָהּ הַלְוָאָה אֵין שׁוֹמְעִין לוֹ, שֶׁנֶּאֱמַר וְהִשִּׂיגָה יָדוֹ, וְלֹא שֶׁיִּלְוֶה.
And also from the laws of the commandment is that which they, may their memory be blessed, said (Arakhin 30a) that one who sells a field of holding and he had other lands — that is, land that he purchased or [others] gave to him as a gift — and [then] he sells those fields to redeem his field of holding that he sold, he is not heeded. As it is written in the section of the field of holding (Leviticus 25:26), “but he finds enough to redeem” — and the explanation comes about it, that it is until he finds something that was not available to him at the time of the sale. And so [too,] if he borrowed and wished to redeem with that loan, he is not heeded — as it is stated, “and his hand reached,” and not that he borrowed.
וְעִנְיַן שְׂדוֹת אֲחֻזָּה יִקָּרְאוּ הַשָּׂדוֹת שֶׁנָּפְלוּ בִּירֻשָּׁה לְכָל אֶחָד מִיִּשְׂרָאֵל בְּחִלּוּק הָאָרֶץ, וְכֵן מִי שֶׁזָּכָה וְנוֹסְפָה אֲחֻזָּתוֹ מֵחֲמַת הַסָּעַת נַחֲלָה עַל יְדֵי בַּת יוֹרֶשֶׁת נַחֲלָה, שֶׁדָּבָר יָדוּעַ הוּא שֶׁלֹּא נֶאֱמַר (במדבר לו ז) וְלֹא תִסֹּב נַחֲלָה אֶלָּא בְּאוֹתוֹ הַדּוֹר בִּלְבַד, אֵלּוּ הֵן הַנִּקְרָאִין שְׂדוֹת אֲחֻזָּה, וְנִתְחַדֵּשׁ דִּינָם בַּתּוֹרָה מִשְּׁאָר שָׂדוֹת לְעִנְיַן הַגְּאֻלָּה, שֶׁשְּׂדֵה אֲחֻזָּה נִגְאָל עַל יְדֵי הַמּוֹכֵר אוֹ עַל יְדֵי גּוֹאֲלוֹ לְאַחַר שְׁתֵּי שָׁנִים בְּעַל כָּרְחוֹ שֶׁל לוֹקֵחַ, וּשְׁאָר שָׂדוֹת שֶׁנִּקְרָאִין שְׂדֵה מִקְנָה אֵינָם נִגְאָלִין אֶלָּא בִּרְצוֹן הַלּוֹקֵחַ, אֶלָּא שֶׁיַּעַמְדוּ בְּיַד הַלּוֹקֵחַ עַד הַיּוֹבֵל.
Fields of holding are those that came as an inheritance to each Israelite in the division of the Land, as well as anyone who merited and had his holding added to, due to shifts in the possession by a daughter that inherits possession. As it is a well-known thing that “and the possession should not move” (Numbers 36:7), was only stated about that generation alone. These are the ones called the fields of holding, and their laws are a novelty from the Torah — differing from other lands for the purposes of redemption: As a field of holding can be redeemed by the seller or its redeemer after two years, against the will of the buyer; whereas other fields — which are called a purchased field — can only be redeemed with the buyer’s consent, [or else] they stay with the buyer until the Jubilee.
וּבְחִלּוּק בָּתִּים מִשָּׂדוֹת. כְּבָר כָּתַבְנוּ לְהַלָּן (מצוה שמ) בִּמְקוֹמוֹ דִּינָם, כִּי בָּתֵּי הַחֲצֵרִים, דִּינָם כִּשְׂדֵה אֲחֻזָּה, כְּלוֹמַר, שֶׁיֵּשׁ לָהֶם גְּאֻלָּה עַל כָּרְחוֹ שֶׁל לוֹקֵחַ, כְּמוֹ שֶׁכָּתוּב בָּהֶן גְּאֻלָּה תִּהְיֶה לוֹ, וְיָפֶה כֹּחָן מִשָּׂדוֹת שֶׁהֵן נִגְאָלִין אֲפִלּוּ תּוֹךְ שָׁנָה, כְּדִין בָּתֵּי עָרֵי חוֹמָה. וְדִין בָּתֵּי עָרֵי חוֹמָה מְפֹרָשׁ בַּכָּתוּב, וּכְבָר כְּתַבְנוּהוּ לְהַלָּן גַּם כֵּן.
And regarding the difference of houses from fields, we have already written their law later in its place (Sefer HaChinukh 340) — that the law of the houses of open (unwalled) towns is like the field of holding — meaning, that they [can also be redeemed] against the buyer’s will; as it is written (Leviticus 25:31), “it may be redeemed.” And their power is greater than the fields, in that they can be redeemed even within the [first] year, like the law of houses of walled cities. And the law of houses of walled cities is also explained in Scripture, and I have already written it later as well.
וּמֵעִנְיַן הַמִּצְוָה מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (ב"מ קח, א) גַּם כֵּן, שֶׁהַלּוֹקֵחַ שְׂדֵה אֲחֻזָּה וְנָטַע בָּהּ אִילָנוֹת וְהִשְׁבִּיחָהּ כְּשֶׁהִיא חוֹזֶרֶת, שָׁמִין שֶׁבַח הָאִילָנוֹת שֶׁבְּתוֹכָהּ לַלּוֹקֵחַ, שֶׁנֶּאֱמַר וְיָצָא מִמְכַּר בַּיִת, וּבָא עָלָיו הַפֵּרוּשׁ הַמְּקֻבָּל מִמְכָּר חוֹזֵר וְאֵין שֶׁבַח חוֹזֵר. וּמָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (ערכין כט, ב) גַּם כֵּן שֶׁהַמּוֹכֵר שָׂדֵהוּ, בֵּין שְׂדֵה אֲחֻזָּה אוֹ שָׂדֶה אַחֵר אֵין רַשַּׁאי לְגָאֳלָהּ בְּפָחוֹת מִשְּׁתֵּי שָׁנִים, וַאֲפִילּוּ בִּרְצוֹן הַלּוֹקֵחַ, שֶׁהַכָּתוּב צִוָּה, שֶׁיַּעֲמֹד הַמֶּכֶר קַיָּם שְׁתֵּי שָׁנִים עַל כָּל פָּנִים, שֶׁנֶּאֱמַר בְּמִסְפַּר שְׁנֵי תְבוּאֹת יִמְכָּר לָךְ, אַזְהָרָה לַמּוֹכֵר, וְאַזְהָרָה לַלּוֹקֵחַ, מִדִּכְתִיב בְּמִסְפַּר שָׁנִים תִּקְנֶה, וּמִעוּט שָׁנִים שְׁנַיִם. וּמִן הַדּוֹמֶה שֶׁהָעִנְיָן הוּא, כְּדֵי שֶׁיִּמְכֹּר כָּל אָדָם קַרְקָעוֹ בְּקֹשִׁי, וְאַל יַחְשֹׁב כִּי לְמָחָר יָשׁוּב וְיִקָּחֶנּוּ לוֹ מִיַּד הַלּוֹקֵחַ, אֲבָל יֵדַע שֶׁאֵינוֹ יָכוֹל לֶאֱכֹל מִתְּבוּאוֹתָיו בְּשׁוּם פָּנִים, עַד שְׁתֵּי שָׁנִים מִיּוֹם לְיוֹם מֵעֵת הַמְּכִירָה. וְגַם אָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם) גַּם כֵּן שֶׁצָּרִיךְ שֶׁיֹּאכַל הַלּוֹקֵחַ שְׁתֵּי תְּבוּאוֹת בְּאוֹתָן שְׁתֵּי שָׁנִים, שֶׁנֶּאֱמַר שְׁנֵי תְּבוּאוֹת, לְפִיכָךְ אִם הָיְתָה אַחַת מִשְׁתֵּי שָׁנִים אֵלּוּ שְׁנַת שִׁדָּפוֹן וְיֵרָקוֹן אוֹ שְׁנַת שְׁבִיעִית אֵינָהּ עוֹלָה מִן הַמִּנְיָן [אֲבָל שָׁנָה בּוּרָה אָמְרוּ זִכְרוֹנָם לִבְרָכָה, שֶׁעוֹלָה הִיא מִן הַמִּנְיָן]. מְכָרָהּ בִּשְׁנַת הַיּוֹבֵל עַצְמָהּ, אֵין הַמְּכִירָה מְכִירָה, וְחוֹזְרִין הַדָּמִים לִבְעָלָיו. מָכַר הָאִילָנוֹת לְבַד אֵין נִגְאָלִין לְפָחוֹת מִשְּׁתֵּי שָׁנִים, וְאִם לֹא גְּאָלָן בְּתוֹךְ שְׁנֵי יוֹבֵל אֵינָם חוֹזְרִין בַּיּוֹבֵל, שֶׁנֶּאֱמַר וְשָׁב לַאֲחֻזָּתוֹ וְלֹא לָאִילָנוֹת. מָכַר שָׂדֵהוּ לָרִאשׁוֹן וְרִאשׁוֹן לְשֵׁנִי וְשֵׁנִי לִשְׁלִישִׁי וַאֲפִלּוּ מֵאָה אוֹ יוֹתֵר הַשָּׂדֶה חוֹזֶרֶת בַּיּוֹבֵל לָרִאשׁוֹן, שֶׁנֶּאֱמַר לַאֲשֶׁר לוֹ אֲחֻזַּת הָאָרֶץ (ויקרא כז כד) וְיֶתֶר פְּרָטֶיהָ, בְּסוֹף עֲרָכִין [הלכות שמיטה פי"א].
And from the content of the commandment is that which they, may their memory be blessed, also said (Bava Metzia 108a) that if one purchased a field of holding and planted trees on it and thereby enhanced [the field]; when it returns, we evaluate the enhancement that is in it for the buyer. As it is stated (Leviticus 25:33), “the sale of the house shall go out,” — and the traditional received explanation comes about it [that] the house goes back, but the enhancement does not go back. And that which they, may their memory be blessed, also said (Arakhin 29b) that if one sells his field — whether it is a field of holding or another field — he is not permitted to redeem it in less than two years, even with the permission of the buyer. As Scripture commands that the sale stay intact for two years regardless, from that which it is written (Leviticus 25:15), “for the number of years of harvests shall he sell it to you” — that is the warning to the seller; the warning to the buyer is from that which it is written, “In the number of years shall you buy”; and the minimum of [what can be referred to as] “years” is two. It seems that the matter is so that no one will sell his land without difficulty, and he should not think that he will return and buy it from the hand of the buyer tomorrow. Rather he should know that he will not be able to eat from its produce in any way for two full years from the time of the sale. And they, may their memory be blessed, also said (Arakhin 29b) that the buyer must consume two harvests during those two years, as it is stated, “years of harvests.” Therefore, if one of these two years is a year of blight or plant-disease, or a [sabbatical year], it does not count in the tally. [But they, may their memory be blessed, said that a fallow year is counted.] If he sold it in the Jubilee year itself, the sale is not a sale, and the money is returned to its owner. If he sold just the trees, they may [also] not be redeemed in less than two years. But if they are not redeemed during the Jubilee [cycle], they do not return in the Jubilee — as it is stated (Leviticus 27:25), “and return to his holding,” but not to the trees. If he sold it to the first one and the first one [sold it] to the second one and the second one to the third one — and even if there were one hundred or more [buyers] — the field returns to the [original] owner at the Jubilee, as it is stated (Leviticus 27:24), “to he who has a holding of the land.” And the rest of its details are at the end of Arakhin. (See Mishneh Torah, Laws of Sabbatical Year and the Jubilee 10.)
וְנוֹהֶגֶת בִּזְכָרִים וּנְקֵבוֹת בְּאֶרֶץ יִשְׂרָאֵל בִּזְמַן שֶׁיּוֹשְׁבֶיהָ עָלֶיהָ, כִּי כָּל עִנְיְנֵי הַיּוֹבֵל אֵינָם אֶלָּא בִּזְמַן שֶׁיּוֹשְׁבֶיהָ עָלֶיהָ, כְּמוֹ שֶׁכָּתַבְנוּ לְמַעְלָה. וְהָעוֹבֵר עַל זֶה וּמָכַר שָׂדֵהוּ לִצְמִיתוּת, וְכֵן הַלּוֹקֵחַ מִמֶּנּוּ בְּעִנְיָן זֶה שְׁנֵיהֶם לוֹקִין אַף עַל פִּי שֶׁלֹּא הוֹעִילוּ דִּבְרֵיהֶם, וְהוּא שֶׁעָשׂוּ מַעֲשֶׂה בַּדָּבָר, שֶׁאֵין לוֹקִין בְּלָאו שֶׁאֵין בּוֹ מַעֲשֶׂה, זֶה דַּעַת הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה. אֲבָל לְדַעַת הָרַמְבַּ"ן זִכְרוֹנוֹ לִבְרָכָה, אֵין בָּזֶה מַלְקוּת כְּלָל, כְּמוֹ שֶׁכָּתַבְתִּי בְּרֹאשׁ הַמִּצְוָה.
And [it] is practiced by males and females in the Land of Israel when its inhabitants are upon it; as all the matters of the Jubilee are only [applied] at the time when its inhabitants are upon it, as we wrote above. One who transgressed it and sold his field in perpetuity — and likewise one who purchased it from him in this way — is lashed, even though their words are not effective. And that is if they performed some act in the thing, as we do not administer lashes for a negative commandment that does not [involve] an act. This is the opinion of Rambam, may his memory be blessed. But according to the opinion of Ramban, may his memory be blessed, there are no lashes in this at all, as I wrote at the beginning of the commandment.