מקץ שבע שנים תעשה שמיטה, “At the end of seven years you will institute a remission.” Several commentators including Kimchi and Ibn Ezra understand the word מקץ as “at the beginning of a seven year cycle.” They base themselves on the fact that everything has two extremities, i.e. קצוות. They cite as proof for such a meaning of the word Exodus 26,28 מן הקצה אל הקצה, “from one extremity to the other extremity.” This proves that the word קץ is applicable both to “beginning” and to “end.” Our sages in Sifri Re'ey 111 do not agree with their view and claim that the verse means “at the end of a seven year cycle.” Had the Torah written מקץ השנה השביעית, we could have understood our verse as speaking of the beginning of a cycle, i.e. at the first extremity. The wording being what it is, however, it is clear that the last extremity, i.e. the end of the cycle is meant. This is also what our sages in Erchin 28 said when they ruled that the remission of debts occurs only at the end of the seventh year. This is also how Onkelos renders our verse when he translates the word as מסוף. Our sages in Erchin 11 have a tradition that the destruction of the (1st) Temple occurred at the conclusion of the last year of the Shemittah cycle. They invoke the principle of מגלגלין זכות ליום זכאי וחובה ליום חייב, “if a day has a tradition of being a harbinger of evil tidings one arranges disasters to occur on such a day, whereas when a day has a tradition of being a day well remembered for fortuitous events, such a day is chosen to be the day on which other fortuitous events will occur. The destruction occurred on the eve of the ninth of Av. About the destruction of the second Temple we learned in Avodah Zarah 9 that this occurred 172 years before the end of the fourth millennium, seeing that the first Temple was destroyed in 3421 after the creation. (The second Temple stood 420 years.) This is the opinion of Rabbeinu Tam whose view is best supported. Even though the greater part of the year was spent in building the Temple we count the year as belonging to the period when the Temple was destroyed seeing that this was the cataclysmic event during that year. [The author now switches to the time he lived in. Ed.]. Today we are in the 52nd year of the sixth millennium. If we add these 52 years to the 172 prior to the conclusion of the fourth millennium, we have 1223 years that have elapsed since the destruction of the second Temple. If you deduct 24 Yovel years from that total, i.e. 2 years per century, seeing that this year is counted double, i.e. as belonging both to the just concluded cycle and as the first year of the new cycle, the number 23 will be expanded to 47 years resulting in the fact that 2 years from the time of writing will be a Shemittah year i.e. in the year 5053. According to the view held by Rashi that the Temple was destroyed in the year 420 (of its existence) the next Shemittah year will be in the year 5052.

The expression תעשה שמטה, “make a remission,” refers to the soil which should be permitted to have a rest. The concept of Shemittah is the same whether applied to years or to the Sabbath day. The Sabbath day is a “shemittah” of days, whereas the seventh year is a Shemittah of years. I have already explained this on Leviticus 25,2

וזה דבר השמטה, “and this is the matter of the remission;” our sages in Sheviit 10,8 explain that the lender tells the borrower who comes to him after the Shemittah year has elapsed (and he had failed to repay his loan on time), “I am releasing you from your debt.” If the borrower wants to voluntarily repay the sum he owes, the lender may accept it, seeing that the Torah did not forbid the borrower to repay his debt as opposed to loans with interest where the Torah specifically forbade both the payment of and the accepting of interest on loans between Jews (Deut. 23,8). In the case of the Shemittah, the Torah imposed restrictions only on the lender, i.e. he must not harass the borrower to pay him. The concept is that during that year we must not act as if we owned the earth but must demonstrate our awareness and agreement that the earth is the Lord’s by our behavior in practice. This is the meaning of כי קרא שמטה לה', “for he proclaimed it a Shemittah for the Lord.” Our sages in Sheviit 10,9 have said that when someone (a borrower) repays the lender what he owes him even though the Shemiitah year has elapsed, the Rabbis will relate very positively to such a person. On the other hand, if the borrower does not repay his debts even though he is legally in the clear, he risks that the lender will shame him by spreading the word that this borrower took advantage of the good nature of the lender and simply ate up his money. There is a halachic provision whereby the borrower makes a declaration (entirely voluntarily) prior to receiving a loan that he waives his right not to repay the loan if for some reason he is unable to repay it before the Shemittah year ends. We have a general rule that all mutually agreed conditions involving money matters can override what the Torah wrote. Moreover, the lender is allowed to demand repayment during any time of the Shemittah year provided the year has not come to a close. This is why the Torah writes מקץ, “at the end.” If someone who is owed money which should have been repaid prior to the Shemittah year hands over the I.O.U he is holding to a court of law asking the court to act as his collector, he cannot subsequently release the debtor from his debt seeing that the debtor is already considered as having been harassed, נגוש, so that the Torah’s warning not to harass the borrower can no longer be fulfilled. In such a situation the lender foregoes the right to ask for repayment (personally) as soon as the Shemittah year ends. (unless he had made an agreement with the borrower concerning this eventuality). Orphans who are of age (by the end of the Shemittah) and who are in possession of I.O.U.’s left to them by their father do not need to prove that the borrower had waived his right of non repayment of the debt at the end of the Shemittah year (Choshen Mishpat 67,29). These orphans are considered as if they actually had the requisite documents in their possession (Shevuot 45). The laws pertaining to the release of overdue debts in the Shemittah year apply world-wide, as opposed to the laws pertaining to the earth and orchards, etc., which apply only in the land of Israel. The Rabbis decreed this in order that the whole concept of the Shemittah legislation not be forgotten during the long years of exile of the Jewish people. The reason that the sheviit, seventh year, is capable of overriding certain oaths, is because the Torah writes here וזה דבר השמטה, using the word דבר, word, i.e. something uttered by the mouth. If someone swore to his creditor that he would pay him back the loan even though the Shemittah year would occur prior to the date of his repayment, even if he confirmed it in writing, etc., he need not keep his oath (Choshen Mishpat 67,6). There is a conceptual linkage between the shemittah of lands, etc., and shemitat kesafim (monetary debts) seeing the Torah writes the word תשמטנה; in Exodus 23,11 the Torah had already spoken of releasing land, i.e. agricultural harvests, from the claims of ownership. It is fairly clear that in our portion another kind of shemittah, i.e. monetary debts, are referred to. Seeing that the applicability of this rule in the Diaspora is only rabbinic the Rabbis permitted the פרוזבול, the writing over of the debt to the Bet Hadin, court of law, as otherwise there would not be any people ready to extend interest-free loans which would prove uncollectable also. If someone borrows a sum of money for ten years the lender does not need to forgive the loan in the first shemittah year seeing it had not become due yet; you cannot release something to which you did not have a claim yet. If the loan is unpaid when the second shemittah year comes around, its laws apply to that loan.

ואשר יהיה לך את אחיך תשמט ידך, “whatever you have a claim on, if it is in the possession of your brother, remit it.” Sifri Re'ey 113 infers from the wording “if it is in the possession of your brother” that when your brother has a claim on something which is in your possession, i.e. you have a pawn belonging to the borrower in your control, this law does not apply, i.e. you do not have to release it to him as part of the shemittah legislation.

אפס כי לא יהיה בך אביון, “However, may there be no destitute person among you.” When the Torah commanded you not to demand repayment from the borrower at the end of the Shemittah year, this will be of relevance only if you do not observe G’d’s commandments. If you do, there will not be anyone unable to repay his debts so that you would have to forego that money. Everybody will be wealthy and no one will have to borrow any money.

והעבטת גוים רבים, “you will lend to many people.” The literal meaning is: “you will take pledges from them to protect your loans;” כי לא יחדל אביון, “but the destitutes will not cease from your land, “if you fail to keep the laws of the Torah.”

כי ברך יברכך ה' אלו-היך בארץ אשר ה' אלו-היך נותן לך, “for the Lord your G’d will bless you in the land which the Lord your G’d is about to give to you.” The mystical dimension of this verse is quite clear, and is based on the fact that you are a holy nation to the Lord your G’d Who has chosen you to be His special nation. It is always this attribute of G’d, the Essence, that dispenses this blessing.

לא תאמץ את לבבך, “do not make your heart hard;” do not fail to also try and speak soothingly to those less fortunate than you. Our sages in Baba Batra 9 said that comforting someone with words is the greatest gift of all.

ולא תקפוץ את ידך, “and do not close your hand into a fist.” For he is your brother, he is destitute, and in need of everything.

כי פתוח תפתח את ידך, “you shall keep on opening your hand for him,” even a hundred times (Sifri Re'ey 116). והעבט תעביטנו If he does not want to accept handouts, give to him in the form of a loan so as to preserve his self respect. די מחסורו, “enough to cover his requirements.” You are not obligated to make him rich. אשר יחסר לו, “in accordance with what he lacks.” Even if he needs a horse to ride on or a servant to run in front of him (to maintain his standard of living). לו, even if you have to get him a wife (based on the wife of Adam being described as אעשה לו עזר כנגדו in Genesis 2,18.)

נתון תתן לו, “You shall surely give him, etc.” The reason the Torah repeats the word נתן is to tell you that if you will give the poor in adequate measure, the Lord in turn will give you in adequate measure. Our sages interpreted the words to mean that even if you are called upon 100 times to support the same individual, do not refuse. The latter demand is based on your not having given the poor enough support the first time. Concerning this subject Solomon said in Proverbs 21,26: “while the righteous man gives without stint.” Solomon means that the righteous does not allow any considerations to deflect him from giving charity. Another nuance included in the wording of the Torah נתון תתן is that one should give charity in a pleasant manner, not grudgingly. Neither should one do so in an arrogant manner. By following all these implications contained in the Torah’s wording, one may merit that one’s own wealth will endure. Concerning this Solomon said in Proverbs 13,8: “the poor never heard a reproof.” When does a man retain his own wealth? When he does not make the poor believe that his misfortune may be of his own doing, and one gives charity with a pleasant countenance. This is reflected in the story told by our sages about Rabbi Yannai who said to a wealthy man who publicly gave an alms to a poor man: “it would have been better if you had not given to this man at all instead of publicly embarrassing him” (Chagigah 5).

כי בגלל הדבר הזה “for on account of this matter, etc.” Our sages in Shabbat 151 said that the reason the Torah did not use the word למען but בגלל is an allusion to the גלגל, “the wheel of fortune,” i.e. horoscopic influences which govern the way money travels from one person to another. G’d is threatening here that “if you do not share your wealth with the poor by giving charity generously, I will give the wheel of fortune a spin so that the wealth which devolved upon you up until now will devolve upon someone else. We have a verse in Scripture on this subject in Psalms 75,8: “for G’d it is Who gives judgment, He brings down one man and He lifts up another.” Our sages on the above mentioned folio of Shabbat say that a man should pray especially concerning this attribute of G’d, [that he should not be made to suffer from it. Ed.] for even if he himself may not suffer from it his son or grandson may be made to suffer from it.

יברכך ה' אלו-היך, “the Lord your G’d will bless you;” the Torah set aside a special blessing for people who perform the commandment of being charitable. Solomon went so far as to say (Proverbs 11,24) “some people, though they appear to be wasteful with their money actually increase their wealth.” I want to urge you to appreciate another important principle concerning this most important and noble commandment which we have inherited already from our patriarch Avraham. He provided the foundation for the organized giving of charity and its mystical dimension. We must appreciate that poor people, by reason of their dissatisfaction “spread around” the presence of the attribute of Justice so that it is poised over Israel ready to strike. This is what the psalm 102,1 תפלה לעני, “prayer of the poor,” is all about. The very word תפלה [as opposed to תחנה, בקשה and similar words, Ed.] represents a struggle, a wrangling. It has a negative connotation, is used when two litigants strive against one another. This is what prompted the sages to say that a poor man is considered like a dead man (Nedarim 64). The wealthy man, by contrast, spreads around the attribute of Mercy seeing wherever he goes he reflects blessings received. He may be compared to the sun which enables the moon to at least shine with reflected light. He who dispenses charity is as if illuminating the eyes of the poor when the latter receives his blessing through the rich man. This is why the Torah warns that all the paths of Torah should be paths of loveliness and peace, that people who claim to be Torah-oriented should practice the virtues associated with Torah, and by giving charity in the manner prescribed enable the attribute of Mercy to abound on earth. By doing so he will ensure that the attribute of Mercy at least becomes an integral part of the attribute of Justice which is already poised. This is what ensures the continued existence of the universe. The world cannot exist unless both these attributes are working side by side (Bereshit Rabbah 12,15). You are aware (of the kabbalistic concept) that the performance of acts of charity on earth will have impact on the attribute tzedek in the celestial regions. According to Zohar Bechukotai 113 the tree of knowledge represents death whereas the tree of life represents life. Giving charity (for the right reasons) saves from the clutches of death and results in the opposing forces of צדק and מלכות being able to function together in harmony for the benefit of all of mankind. Isaiah 1,21 speaks of צדק ילין בה the attribute צדק which once resided in Jerusalem being replaced through the murders committed in that city. The prophet tells the people how to rectify this situation where the Shechinah cannot feel at home anymore in Jerusalem, saying בצדק תכנני “you can be rehabilitated through charity.” (Isaiah 54,14). This attribute צדק is mystically identified with the כנסת ישראל, the spiritual concept of “Israel.” It is also the “mate” of the “Sabbath” (compare Bereshit Rabbah 11,9). All of the above explains Moses’ concern with warning the people to be concerned with fulfilling this מצוה very meticulously. If someone gives charity on earth he influences the relative position of the emanation צדק=מלכות, bringing it closer to the emanation צדקה=רחמים or vice versa. Concerning this phenomenon we must understand the statement by the Kabbalists that גדולה צדקה לשמה, “that charity when performed for the appropriate reasons is a great thing.” They meant that the emanation חסד also known as גדולה will pour out blessing on the terrestrial part of the universe, i.e. the emanation מלכות. In Psalms 119,48 David phrased this as ואשא כפי אל מצותיך אשר אהבתי, “I stretch out my palms to fulfill Your commandments (charity) which I love.”

You also find a statement in Midrash Tehillim which is an allusion to this (Midrash Tehillim 17,14) on the verse אני בצדק אחזה פניך, “I will be able to behold Your ‘face’ by means of charity (performed).” The author writes: “observe the power of charity; a person donates a copper coin to a poor person and as a result he merits a vision of Shechinah,” whereas according to the norms prevailing in our world when a lady of great social standing wishes to welcome the king in her home, she makes elaborate and expensive preparations to demonstrate her regard for the honored guest. Only after such elaborate preparations will she be able to entertain the king. Jews, by comparison, only have to make a minor contribution to charity or a person in need of charity, and already they are admitted to the king’s presence. The author of the Midrash proceeds to quote verse 14 in that chapter as proof. The reason this paragraph began with the words: “in one of your gates in your land,” and the paragraph also concludes with the words “in your land,” teaches that the Torah places the major emphasis on charity performed in Eretz Yisrael. Chapter 12 already started with the words: “these are the statutes and social laws which you are to observe and carry out in the land which the Lord your G’d gave to your ancestors.” Performance of the commandments of the Torah in the Diaspora basically only serves as a preservative measure, i.e. to ensure that during the long years of exile we do not forget the Torah and its commandments. This is the way Sifri explains Deut. 11,18: “put these My words on your heart;” The Torah refers to times when G’d’s words are incapable of being carried out except with our hearts, periods when we are exiled from Eretz Yisrael. We are to continue to lay Tefillin, put a mezuzah on our houses, etc., etc., in the Diaspora to ensure that we do not forget these laws. An alternative way of understanding the words: “in your land” is: even when you are in your land. “ Even in your land where you already demonstrated that you believe that the earth is the Lord’s through releasing debtor from debts, allowing all and sundry to pick the harvest of “your” field every seventh year, the Torah still commands you to perform deeds of charity as outlined in our paragraph. If you have to perform charity even in an environment where you demonstrated the virtue which charity symbolises, then when you are in the Diaspora and you cannot demonstrate this virtue in any other way you are most certainly obliged to practice charity even more meticulously. The commandment of charity is one that is called מצות הגוף, a commandment to be performed with one’s body, i.e. personally; as such its application is world-wide regardless of whether the Temple is standing or not.”

The meaning of the subordinate clause introduced by the words (verse 9) “be on guard against yourself, etc.” i.e. that the Torah has to warn that we are urged to be meticulous with this commandment even in Eretz Yisrael, is to head off certain thoughts that might occur in your head. You might reason to yourself that seeing you have to release debtors from their debt to you, have to relinquish your field for a whole year, how could you be expected to fulfill the commandment to give charity according to the standards demanded by the Torah? Surely this will cause you to end up in the poor house yourself! In order to head off such thoughts the Torah promises that on the contrary, G’d will extend His blessing to you precisely because you have meticulously performed these commandments, not in spite of it. If you were to allow the needy to appeal to G’d (instead of to you who has denied him) then, and only then will you be guilty of a sin. The Torah concludes by saying בארצך, “in your land,” meaning “even in your land,” where you have already given up so much of what you would normally consider yours, you are not to withhold your generous contributions to the poor. It follows that your duty to be generous to the poor while you are in the Diaspora is even greater as you have fewer means to demonstrate this good virtue. In other words, the word בארצך here is not to be understood as something restrictive, applying only in Eretz Yisrael. Had the intention of the Torah been to use the word בארצך restrictively, the paragraph should have commenced with the words והיה כי תבואו אל הארץ, “it will be when you come to the land, etc.”

כי ימכר לך אחיך העברי או העבריה, “If your brother the Hebrew man or the Hebrew woman will be sold to you, etc.” Although the laws applying to Hebrew slaves (servants) have already been outlined in Exodus chapter 21,2-11, the Torah repeats the legislation here as it contains a new element telling us that a woman also leaves her employer by right at the conclusion of six years’ service. Also, the instruction to give the departing servant a stake to help him gain financial independence was not mentioned in Exodus.

הענק תעניק לו, ”make generous provisions for him, etc.” The word הענקה describes “something beautiful.” The idea is that the released servant’s new status should be visible to all so that he will enjoy a standing in the community. The word appears in the sense of jewelry in Proverbs 1,9. Alternatively, the word is related to ענקים, giants, and the meaning would be to give him great gifts.

וזכרת כי עבד היית, “You shall remember that you yourself used to be a slave;” G’d equipped you generously when you left Egypt, and when you gathered the loot at the sea.

ואף לאמתך תעשה כן, “and also to your servant maid you shall do likewise.” These words do not refer to the piercing of the ear-lobe of a female servant seeing there is no such procedure applicable to a woman. The words apply to the requirement to equip an outgoing female servant with a generous stake, not less than that of the male servant. Similarly, the words: “if he (the master) did not do either of these three things for her,” (Exodus 21,11) do not refer to the words כסות ועונה which appear next to it, but apply to the words אשר יעדה והפדה. A third example of the Torah writing words out of the immediate context is found in Exodus 22,2 אם זרחה השמש עליו, where the words שלם ישלם refer to the previous verse that four or five-fold payment has to be made, and not that payment depends on the deed having occurred in daylight.

כי משנה שכר שכיר עבדך שש שנים, “seeing that for six years he served you twice as much as a hired hand would have done.” Normally a person does not hire himself out for more than three years (compare Choshen Mishpat 333,14: it is forbidden to hire himself out for more than three years). We have an allusion to this in Isaiah 16,14: “in three years, fixed like the years of a hired laborer.” Our sages derive from our verse that the Hebrew servant serves his master both by day and by night, seeing the master is allowed to give him his gentile slave-woman for him to sire children by her [a form of service, seeing the children will not be his. Ed.]. This is why the Torah described him as having performed double duty (compare Sifri Re'ey 123).

.כל הבכור אשר יולד בבקרך ובצאנך הזכר תקדיש לה' אלו--היך, “every firstborn male animal which will be born among your cattle or sheep you shall sanctify for the Lord your G’d.” Although the firstborn animal already is holy from birth without need to be so designated, seeing the Torah makes its sanctity dependent on it being פטר רחם, “the opening of the womb,” the Torah wants the owner to also sanctify the animal by declaring it sacred with his mouth. (Erchin 29) The commandment includes use of the name of the Lord to Whom the animal is consecrated. If we find a verse (Leviticus 27,26) where the Torah writes: “a firstling which is the Lord’s cannot be consecrated by anybody,” this means that it cannot be consecrated to serve as a different kind of offering.

בשעריך) תאכלנו), “you may consume it in your cities.” The Torah refers to people who are authorized to eat it (priests). שנה בשנה, “year by year;” this does not mean that it is forbidden to eat it after it has attained its first birthday as it has been compared elsewhere to the second tithe (Deut. 14,23), but it means that preferably it is to be eaten before it has attained its first birthday. אתה וביתך, “you and your house,” i.e. the household of the priest.

בשעריך תאכלנו, “you may eat it inside your gates;” a reference to the priest who may eat it outside the Temple. הטמא והטהור. “the ritually impure together with the ritually pure,” an exclamation, referring to the word תאכלנו, “you may eat it,” telling the priest that even if he is in a state of ritual impurity he is allowed to consume this animal. If the meat of the animal is ritually impure however, eating it is forbidden on pain of the karet penalty (Ibn Ezra).

רק את דמו לא תאכל, “only its blood you may not eat.” The reason the Torah repeats this prohibition which was all inclusive anyway, is so that the priest should not think that seeing the whole subject is one dealing with something that had been originally forbidden [while the animal had been unblemished, Ed.]. becoming permitted, that this change in status included also the consumption of blood (compare Rashi).