To not change the open areas of the Levites: Not to change the open areas of the cities of the Levites and their fields — meaning to say, that a city may not be made into an open area, nor an open area into a city, a field into an open area, nor an open area into a field. And the law is the same about an open area (another textual variant: field) into a city and a city into an open area (another textual variant: field) — that one may not change anything about their content. And this matter is well-known, as the Torah commanded (Numbers 35:2-7) that the other tribes cede certain cities to the tribe of Levi; and these are forty-eight cities, with the six cities of refuge that were among them. And it also commanded that there be in these cities a thousand ells of open area — meaning a place open for space and beauty for the city; and two thousand ells beyond that for the sake of fields and vineyards, and this is also of the beauty of the city and from that which it needs, as it is explained in Sotah 27b. And this prevention comes about this, that these matters never be changed. And concerning this it states (Leviticus 25:34), “And the fields of open areas of their cities shall not be sold” — meaning, shall not be changed. As it is not speaking about actual selling, since it is explicitly written in Scripture (Leviticus 25:32), “a perpetual redemption shall there be for the Levites” — which implies that they are permitted to sell them.
It is from the roots of the commandment [that it is] because the cities of the Levites were prepared for the needs of all the other tribes; as it was the tribe that was selected for the service of God — and all of their efforts were about wisdom, as they were not preoccupied with the working of the land like the rest of the tribes of Israel. And about them is it stated (Deuteronomy 33:10), “They shall teach Your statutes to Yaakov and Your law to Israel.” And because of this — that wisdom was within them — the dealings of all of Israel were constantly with them; besides that there were among their cities, the cities of refuge for [those charged with manslaughter]. And from this also, the eyes of all of Israel were upon their cities, as a man cannot tell what [tomorrow will bring]. Hence it was appropriate that these cities — that the hand of all is equal with them and the heart of all is upon them — be of the utmost beauty and loveliness. And there is glory for all of Israel with this. And because of this, the command came about them, not to change any of their contents; for the Master of Wisdom established them, set them up and decided on their boundaries. And He saw that this was good, and [so] any reversal after His word is only detrimental and a disparagement.
From the laws of the commandment is that which, they, may their memory be blessed, said (Makkot 12a) [that] beyond these three thousand ells that we said above that is of open space, fields and vineyards, we give to each city a cemetery, as it is stated (Numbers 35:3), “and their open spaces shall be for their beasts and their property and all their animals (chayatam)” — and the explanation came about this, that it was was given for the living (chayim), and not for burial. And that which they also said (Arakhin 33b) [about] priests or Levites that sold one of their fields or a house even in a walled city, [it can] always be redeemed, even from the hand of what is consecrated, as it is stated (Leviticus 25:33), “a perpetual redemption shall there be for the Levites.” And [in the case of] an Israelite who inherits [property] from his mother’s father who was a Levite, behold he may redeem like the Levites. And the rest of its details are elucidated at the end of Arakhin.
And this commandment is practiced in the Land of Israel at the time when Israel is there — whether by Levites or by Israelites — by males and females, as all are obligated never to change the three places spoken about: the city; the open space; and the fields and vineyards. And it would seem that anyone who did change them with witnesses and a warning would be liable for lashes. But I did not know the measure of this change — how much it would be for him to be liable for it. Be wise, my son, and know it. And Rambam, may his memory be blessed, wrote concerning this commandment (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 13:12), “Why did the Levites not merit [a portion] in the possession of the Land of Israel and in the spoils of war, with his brethren? Because they were set aside to serve God, may He be blessed, and minister unto Him and to instruct His just paths. And therefore they were set apart from the ways of the world: They do not wage war like the remainder of the Israelites, nor do they [receive an inheritance], nor do they acquire [things] for themselves through the power of their bodies. Instead, they are God’s legion — as it is stated (Deuteronomy 13:11), ‘May the Lord bless His legion’ — and He provides for them, as it is stated (Numbers 18:20), ‘I am your portion and your possession.’ And it is not only the tribe of Levi that is included in this, but each and every man that comes to the world whose spirit has moved him to be separated and to stand in front of God and to serve Him, to know His straight and righteous paths and to teach them to others — the yoke of the many calculations that people seek out is lifted from upon his neck. And behold, he is sanctified to become holy of holies, and God will be his possession for ever and ever. And he will acquire the thing that he needs in this world, just as the tribe of Levi acquired [it]. And so David states (Psalms 16:5), ‘The Lord is my appointed portion and my cup, You sustain my fate.’”
שֶׁלֹּא לְשַׁנּוֹת מִגְרְשֵׁי הַלְוִיִּם – שֶׁלֹּא לְשַׁנּוֹת מִגְרְשֵׁי עָרֵי הַלְוִיִּם וּשְׂדוֹתֵיהֶן. כְּלוֹמַר, שֶׁלֹּא יַחְזִירוּ הָעִיר מִגְרָשׁ, וְלֹא מִגְרָשׁ עִיר, וְלֹא הַשָּׂדֶה מִגְרָשׁ, וְלֹא הַמִּגְרָשׁ שָׂדֶה, וְהוּא הַדִּין מִגְרָשׁ (נ"א שָׂדֶה) עִיר אוֹ עִיר מִגְרָשׁ, (נ"א שָׂדֶה) שֶׁאֵין לְשַׁנּוֹת בְּעִנְיָנָם דָּבָר. וְהָעִנְיָן הַזֶּה יָדוּעַ, כִּי הַתּוֹרָה צִוְּתָה (במדבר לה ב ז) שֶׁיִּתְּנוּ שְׁאָר הַשְּׁבָטִים עָרִים יְדוּעִים לְשֵׁבֶט לֵוִי, וְהֵם אַרְבָּעִים וּשְׁמֹנֶה עִיר עִם שֵׁשׁ עָרֵי מִקְלָט שֶׁהָיוּ בָּהֶן, וְצִוְּתָה גַּם כֵּן לִהְיוֹת בְּאוֹתָן עָרִים אֶלֶף אַמָּה מִגְרָשׁ. כְּלוֹמַר מָקוֹם פָּנוּי לִרְוָחָה וְנוֹי לָעִיר, וְאַלְפַּיִם אַמָּה חוּץ לָהּ לְצֹרֶךְ שָׂדוֹת וּכְרָמִים, וְזֶה גַּם מִנּוֹיֵי הָעִיר וּמִמָּה שֶׁצָּרִיךְ לָהּ כְּמוֹ שֶׁמְּפֹרָשׁ בְּסוֹטָה (כז, ב), וּבָאָה הַמְּנִיעָה בָּזֶה שֶׁלֹּא לְשַׁנּוֹת עִנְיָנִים אֵלֶּה לְעוֹלָם, וְעַל זֶה נֶאֱמַר וּשְׂדֵה מִגְרַשׁ עָרֵיהֶם לֹא יִמָּכֵר, שֶׁכֵּן בָּא הַפֵּרוּשׁ עַל לְשׁוֹן מְכִירָה זוֹ, כְּלוֹמַר, לֹא יְשֻׁנֶּה, דְּאִלּוּ בִּמְכִירָה מַמָּשׁ, לָא קָאָמַר, שֶׁהֲרֵי בְּפֵרוּשׁ כָּתוּב גְּאֻלַּת עוֹלָם תִּהְיֶה לַלְוִיִּם, מִכְּלָל שֶׁרְשׁוּת יֵשׁ לָהֶם לִמְכֹּר.
To not change the open areas of the Levites: Not to change the open areas of the cities of the Levites and their fields — meaning to say, that a city may not be made into an open area, nor an open area into a city, a field into an open area, nor an open area into a field. And the law is the same about an open area (another textual variant: field) into a city and a city into an open area (another textual variant: field) — that one may not change anything about their content. And this matter is well-known, as the Torah commanded (Numbers 35:2-7) that the other tribes cede certain cities to the tribe of Levi; and these are forty-eight cities, with the six cities of refuge that were among them. And it also commanded that there be in these cities a thousand ells of open area — meaning a place open for space and beauty for the city; and two thousand ells beyond that for the sake of fields and vineyards, and this is also of the beauty of the city and from that which it needs, as it is explained in Sotah 27b. And this prevention comes about this, that these matters never be changed. And concerning this it states (Leviticus 25:34), “And the fields of open areas of their cities shall not be sold” — meaning, shall not be changed. As it is not speaking about actual selling, since it is explicitly written in Scripture (Leviticus 25:32), “a perpetual redemption shall there be for the Levites” — which implies that they are permitted to sell them.
מִשָּׁרְשֵׁי הַמִּצְוָה. לְפִי שֶׁעָרֵי הַלְוִיִּם הָיוּ נְכוֹנִים לְצָרְכֵי כָּל שְׁאָר הַשְּׁבָטִים, כִּי הוּא הַשֵּׁבֶט הַנִּבְחָר לַעֲבוֹדַת הַשֵּׁם, וְכָל עִסְקָם הָיָה בַּחָכְמָה שֶׁלֹּא הָיוּ טְרוּדִים בַּעֲבוֹדַת הָאֲדָמָה כִּשְׁאָר שִׁבְטֵי יִשְׂרָאֵל, וַעֲלֵיהֶם נֶאֱמַר (דברים לג י) יוֹרוּ מִשְׁפָּטֶיךָ לְיַעֲקֹב וְתוֹרָתְךָ לְיִשְׂרָאֵל. וּמִתּוֹךְ כָּךְ שֶׁהַחָכְמָה בְּתוֹכָם, הָיָה עֵסֶק כָּל יִשְׂרָאֵל תָּמִיד עִמָּהֶם, מִלְּבַד שֶׁהָיוּ בְּתוֹךְ עָרֵיהֶם, עָרֵי מִקְלַט הָרוֹצֵחַ, וּמִתּוֹךְ כָּךְ גַּם כֵּן הָיוּ עֵינֵי כָּל יִשְׂרָאֵל עַל עָרֵיהֶם, כִּי לֹא יֵדַע הָאָדָם מַה יֵּלֶד יוֹם וְלָכֵן הָיָה בְּדִין לִהְיוֹת אוֹתָן הֶעָרִים אֲשֶׁר יַד הַכֹּל שָׁוָה בָּהֶן וְלֵב הַכֹּל עֲלֵיהֶן, לִהְיוֹתָן בְּתַכְלִית הַיֹּפִי וְהַחֶמְדָּה, וְשֶׁבַח כָּל עַם יִשְׂרָאֵל בְּכָךְ, וּמִפְּנֵי כֵן בָּאָה הַצַּוָּאָה עֲלֵיהֶם שֶׁלֹּא לְשַׁנּוֹת בְּעִנְיָנָם דָּבָר, כִּי אֲדוֹן הַחָכְמָה יִסְּדָן וְתִקְּנָן וְהִגְבִּיל גְּבוּלָם, וַיַּרְא כִּי כֵן טוֹב וְכָל חִלּוּף אַחַר דְּבָרוֹ אֵינוֹ אֶלָּא גֵּרוּעַ וּגְנַאי.
It is from the roots of the commandment [that it is] because the cities of the Levites were prepared for the needs of all the other tribes; as it was the tribe that was selected for the service of God — and all of their efforts were about wisdom, as they were not preoccupied with the working of the land like the rest of the tribes of Israel. And about them is it stated (Deuteronomy 33:10), “They shall teach Your statutes to Yaakov and Your law to Israel.” And because of this — that wisdom was within them — the dealings of all of Israel were constantly with them; besides that there were among their cities, the cities of refuge for [those charged with manslaughter]. And from this also, the eyes of all of Israel were upon their cities, as a man cannot tell what [tomorrow will bring]. Hence it was appropriate that these cities — that the hand of all is equal with them and the heart of all is upon them — be of the utmost beauty and loveliness. And there is glory for all of Israel with this. And because of this, the command came about them, not to change any of their contents; for the Master of Wisdom established them, set them up and decided on their boundaries. And He saw that this was good, and [so] any reversal after His word is only detrimental and a disparagement.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (מכות יב א) מִלְּבַד אֵלּוּ הַשְּׁלֹשָׁה אֶלֶף אַמָּה שֶׁאָמַרְנוּ, שֶׁהֵן בֵּין מִגְרָשׁ וְשָׂדוֹת וּכְרָמִים, נוֹתְנִין לְכָל עִיר בֵּית הַקְּבָרוֹת חוּץ לִתְחוּם זֶה שֶׁנֶּאֱמַר (במדבר לה ג) וּמִגְרְשֵׁיהֶם יִהְיוּ לִבְהֶמְתָּם וְלִרְכֻשָׁם וּלְכֹל חַיָּתָם, וּבָא הַפֵּרוּשׁ בָּזֶה, לְחַיִּים נִתְּנוּ וְלֹא לִקְבוּרָה. וּמָה שֶׁאָמְרוּ (ערכין לג ב) גַּם כֵּן, שֶׁכֹּהֲנִים וּלְוִיִּם שֶׁמָּכְרוּ שָׂדֶה מִשְּׂדוֹתֵיהֶם, אוֹ בַּיִת אֲפִלּוּ בְּעִיר חוֹמָה נִגְאָלִין לְעוֹלָם, וַאֲפִלּוּ מִיַּד הֶקְדֵּשׁ, שֶׁנֶּאֱמַר (ויקרא כה לג) גְּאֻלַּת עוֹלָם תִּהְיֶה לַלְוִיִּם. וְיִשְׂרָאֵל שֶׁיָּרַשׁ אֲבִי אִמּוֹ לֵוִי הֲרֵי זֶה גּוֹאֵל כַּלְּוִיִּם וְיֶתֶר פְּרָטֶיהָ, מְבֹאָרִים בְּסוֹף עֲרָכִין.
From the laws of the commandment is that which, they, may their memory be blessed, said (Makkot 12a) [that] beyond these three thousand ells that we said above that is of open space, fields and vineyards, we give to each city a cemetery, as it is stated (Numbers 35:3), “and their open spaces shall be for their beasts and their property and all their animals (chayatam)” — and the explanation came about this, that it was was given for the living (chayim), and not for burial. And that which they also said (Arakhin 33b) [about] priests or Levites that sold one of their fields or a house even in a walled city, [it can] always be redeemed, even from the hand of what is consecrated, as it is stated (Leviticus 25:33), “a perpetual redemption shall there be for the Levites.” And [in the case of] an Israelite who inherits [property] from his mother’s father who was a Levite, behold he may redeem like the Levites. And the rest of its details are elucidated at the end of Arakhin.
וְנוֹהֶגֶת מִצְוָה זוֹ בְּאֶרֶץ יִשְׂרָאֵל בִּזְמַן שֶׁיִּשְׂרָאֵל שָׁם, בֵּין בִּלְוִיִּם בֵּין בְּיִשְׂרְאֵלִים, בִּזְכָרִים וּנְקֵבוֹת, שֶׁהַכֹּל חַיָּבִים שֶׁלֹּא לְשַׁנּוֹת שְׁלֹשָׁה מְקוֹמוֹת הָאֲמוּרִים לְעוֹלָם הָעִיר, וְהַמִּגְרָשׁ, וּמְקוֹם הַשָּׂדוֹת וְהַכְּרָמִים. וּמִן הַדּוֹמֶה, כִּי כָּל מִי שֶׁשִּׁנָּה בָּהֶן בְּעֵדִים וְהַתְרָאָה חַיָּב מַלְקוּת, וְלֹא יָדַעְתִּי שִׁעוּר לְשִׁנּוּי זֶה כַּמָּה יִהְיֶה וְיִתְחַיֵּב עָלָיו, חֲכַם בְּנִי וְדָעֵהוּ. וְכָתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (שמיטה ויובל יג יב, יג) עַל מִצְוָה זוֹ, לָמָּה לֹא זָכָה לֵוִי בְּנַחֲלַת אֶרֶץ יִשְׂרָאֵל וּבְבִזָּתָם עִם אֶחָיו? מִפְּנֵי שֶׁהֻבְדַּל לַעֲבֹד הַשֵּׁם יִתְבָּרַךְ וּלְשָׁרְתוֹ וּלְהוֹרוֹת דְּרָכָיו הַיְּשָׁרִים, וּלְפִיכָךְ הֻבְדְּלוּ מִדַּרְכֵי הָעוֹלָם, לֹא עוֹרְכִין מִלְחָמָה כִּשְׁאָר יִשְׂרָאֵל, וְלֹא נוֹחֲלִין, וְלֹא זוֹכִין לְעַצְמָן בְּכֹחַ גּוּפָן, אֶלָּא חֵיל יְיָ, שֶׁנֶּאֱמַר בָּרֵךְ יְיָ חֵילוֹ וְגוֹ', וְהוּא, בָּרוּךְ הוּא, זִכָּה לָהֶם חֶלְקוֹ שֶׁנֶּאֱמַר אֲנִי חֶלְקְךָ וְנַחֲלָתְךָ וְגוֹ'. וְלֹא שֵׁבֶט לֵוִי בִּלְבַד בִּכְלַל זֶה, אֶלָּא כָּל אִישׁ וָאִישׁ מִבָּאֵי הָעוֹלָם, אֲשֶׁר נָדְבָה רוּחוֹ לְהִבָּדֵל וְלַעֲמֹד לִפְנֵי יְיָ לְעָבְדוֹ לָדַעַת דְּרָכָיו הַיְּשָׁרִים וְהַצַּדִּיקִים וּלְלַמְּדָם לַאֲחֵרִים, פּוֹרֵק מֵעַל צַוָּארוֹ עֹל חִשְּׁבֹנוֹת הָרַבִּים אֲשֶׁר בִּקְשׁוּ בְּנֵי הָאָדָם, וַהֲרֵי זֶה נִתְקַדֵּשׁ לִהְיוֹת קֹדֶשׁ קָדָשִׁים וְיִהְיֶה יְיָ נַחֲלָתוֹ לְעוֹלְמֵי עוֹלָמִים, וְיִזְכֶּה בָּעוֹלָם הַזֶּה בְּדָבָר הַמַּסְפִּיק לוֹ כְּמוֹ שֶׁזָּכָה שֵׁבֶט לֵוִי, וְכֵן דָּוִד הוּא אוֹמֵר (תהלים טז, ה) "יְיָ מְנָת חֶלְקִי וְכוֹסִי אַתָּה תּוֹמִיךְ גּוֹרָלִי".
And this commandment is practiced in the Land of Israel at the time when Israel is there — whether by Levites or by Israelites — by males and females, as all are obligated never to change the three places spoken about: the city; the open space; and the fields and vineyards. And it would seem that anyone who did change them with witnesses and a warning would be liable for lashes. But I did not know the measure of this change — how much it would be for him to be liable for it. Be wise, my son, and know it. And Rambam, may his memory be blessed, wrote concerning this commandment (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 13:12), “Why did the Levites not merit [a portion] in the possession of the Land of Israel and in the spoils of war, with his brethren? Because they were set aside to serve God, may He be blessed, and minister unto Him and to instruct His just paths. And therefore they were set apart from the ways of the world: They do not wage war like the remainder of the Israelites, nor do they [receive an inheritance], nor do they acquire [things] for themselves through the power of their bodies. Instead, they are God’s legion — as it is stated (Deuteronomy 13:11), ‘May the Lord bless His legion’ — and He provides for them, as it is stated (Numbers 18:20), ‘I am your portion and your possession.’ And it is not only the tribe of Levi that is included in this, but each and every man that comes to the world whose spirit has moved him to be separated and to stand in front of God and to serve Him, to know His straight and righteous paths and to teach them to others — the yoke of the many calculations that people seek out is lifted from upon his neck. And behold, he is sanctified to become holy of holies, and God will be his possession for ever and ever. And he will acquire the thing that he needs in this world, just as the tribe of Levi acquired [it]. And so David states (Psalms 16:5), ‘The Lord is my appointed portion and my cup, You sustain my fate.’”