1)

(a)Our Mishnah rules that a seller may redeem a house in a walled town - up to a year from the time of the sale.

(b)It resembles Ribis - because he returns the full amount that he paid for the field, without deducting anything, which makes it look as if the purchaser lived rent-free in the house, in return for the money that he lent the seller.

(c)It is not real Ribis however - since the money was not handed to the seller in the form of a loan (the Sugya will elaborate on this).

(d)The Tana rules that if ...

1. ... the seller dies - his sons may claim the house in his stead.

2. ... the purchaser dies - the seller may claim it from his children.

2)

(a)When the Tana says that we reckon the year from the time that the owner sold it, he means that - in a case where the purchaser sold it again, we reckon the year from the time of the first sale, and not of the second.

(b)We learn this - from the word "lo" (in the Pasuk "ad M'los lo Shanah ...)", which implies that the year goes after the owner's sale and not after any subsequent one).

(c)"Temimah" comes to include - the extra month of a leap-year within the year of the sale.

(d)According to Rebbi, it comes to include Shanah ve'Iburah, which means that - we add the extra eleven days of the sun-year to the year of Batei Arei Chomah.

(e)We now know the Din with regard to the sale of a house in a walled town. "li'Tzemisus" comes to incorporate - a house that one gives as a gift.

3)

(a)Our Mishnah does not go like Rebbi in a Beraisa, who learns from the fact that the Torah writes "Yamim Tih'yeh Ge'ulaso" (rather than 'Shanah') that - someone who sells a house in a walled town is not permitted to redeem it within two days of the sale.

(b)The Rabbanan learn from "Yamim" - that a year in this regard, refers to a full year from the day of the sale (and not only until Rosh Hashanah).

(c)Rebbi learns this from "Ad Tom Sh'nas Mimkaro". The Rabbanan now learn from ...

1. ... there - the same as Rebbi.

2. ... "Yamim" that - the year only concludes at the same time of day as it began (me'Es le'Es), and not with the advent of the day (the night before, when three stars appear in the sky).

(d)And Rebbi learns me'Es le'Es - from "ad Tom Sh'nas Mimkaro" (together with the D'rashah 'mi'Yom le'Yom').

(e)He cannot learn it from "Temimah" - from which he has already included the extra month of the leap-year.

4)

(a)We query our Mishnah ('Harei Zeh ke'Miyn Ribis') from a Beraisa - which states 'Harei Zu Ribis Gemurah'.

(b)Rebbi Yochanan establishes our Mishnah like Rebbi Yehudah in a second Beraisa, which discusses a case where Reuven, who owes Shimon a Manah, made his field for him a 'Mecher', meaning that - he gave it to him as a Pikadon, on the express condition that in the event that he fails to pay him the Manah within three years, the field will be his as payment for the debt.

(c)The Rabbanan permit this only as long as it is the seller who eats the fruit. Rebbi Yehudah permits it - even if the purchaser eats it.

(d)When Rebbi Yehudah cited an incident where Bitus ben Zonin made his field a Mecher, and Rebbi Elazar ben Azaryah, who oversaw the transaction, permitted the purchaser to eat the fruit - the Rabbanan retorted that Rebbi Yehudah had his facts wrong, and that it was in fact the seller who ate it.

5)

(a)The basis of their Machlokes is whether Tzad Echad be'Ribis is permitted or not, - where there is fifty per cent chance that it will never even enter the realm of Ribis (like in our case, where should the seller fail to pay by the end of three years, the field will turn out to have belonged to him retroactively, and the fruit that he ate was his own.

(b)Rebbi Yehudah now holds - 'Tzad Echad be'Ribis, Mutar', and the Rabbanan - ' ... Asur'.

(c)Consequently, the author of our Mishnah is Rebbi Yehudah, who permits the purchaser to eat the fruit from the time of the sale - because, since the seller may not redeem the field within the year, it is a clear-cut case of Tzad Echad be'Ribis.

(d)According to Rava, even Rebbi Yehudah will concede that Tzad Echad be'Ribis is forbidden - and he only argues with the Rabbanan in the Beraisa, as well as permitting the Ribis in our Mishnah, on condition that, should the seller redeem his field within the year, the purchaser will pay for the fruit that he ate.

(e)And the basis of their Machlokes is - whether Ribis al-M'nas Lehachzir (Ribis that the borrower will ultimately return) is considered Ribis (the Rabbanan) or not (Rebbi Yehudah).

6)

(a)Our Mishnah permits the son of the deceased seller of a house in a walled town, to redeem it in place of his father. We might otherwise have thought that, based on the Pasuk in B'har) "ve'Ish ki Yimkor Beis Moshav Ir Chomah", only the person who actually sold it can buy it back, but not his heirs.

(b)We might also have thought, based on the Pasuk there "la'Koneh oso" that - one can only redeem the house from the person who actually purchased it, but not from his heirs.

(c)And we now learn from the Pasuk there "ve'Haysah Ge'ulaso" - both that the heirs of the deceased seller are permitted to redeem the field from the purchaser, and that the owner may redeem it from the deceased purchaser's heirs.

7)

(a)Based on what we learned in our Mishnah, in a case where Shimon purchased a field from Reuven in Nisan and sold it to Levi in Tishri, Reuven is permitted to redeem it - up to Nisan.

(b)If Nisan arrives and Reuven has not redeemed the field, Rebbi Elazar maintains that the field now belongs to Shimon (la'Rishon Chalut) - thereby authorizing him to redeem the field until Tishri.

(c)Rebbi Yochanan on the other hand, holds la'Sheini Chalut. Despite the fact that the year is determined by the initial sale to Shimon, we ascribe Rebbi Yochanan's ruling to a statement by Rebbi Aba bar Mamal - who teaches the principle Mah Machar Rishon la'Sheini ... (that the owner sells to the purchaser all rights the he owns in the property).

8)

(a)Rebbi Aba bar Mamal rules that if Reuven sells one house in a walled town to Shimon on the fifteenth of Adar Rishon, and a second one to Levi on Rosh Chodesh Adar Sheini - Levi acquires ownership of the house on Rosh Chodesh Adar of the following year, whereas Shimon does so only on the fifteenth of the same month.

(b)Ravina queries Rebbi Aba bar Mamal however, inasmuch as Shimon might say to Levi that - seeing as he began to use his house before Levi did, it seems unfair that Levi's year should terminate before his own.

(c)And we refute Ravina's Kashya, inasmuch as Levi can answer that - if he (Shimon) chose to make his purchase in the leap-month (Adar Rishon), about which the Torah writes "Temimah" (adding the leap-month on to the twelve months of a regular year), then that is his choice. As for him, he chose to purchase it in Adar Sheini, which was not subject to this D'rashah, and there was no reason for the year not to terminate on Rosh Chodesh Adar.

9)

(a)The significance regarding "Shanah" regarding a B'chor Beheimah - is that one is obligated to bring it within a year of its birth.

(b)Based on this fact, Rebbi Aba bar Mamal repeated the previous ruling with regard to someone in whose flock two firstborn calves are born, one on the fifteenth of Adar Rishon, the other, on Rosh Chodesh Adar Sheini; Ravina asks the same Kashya and we give the same answer. The problem with Rebbi Aba bar Mamal's dual ruling is - why he found it necessary to issue the same ruling twice.

(c)And we answer that we might otherwise have thought that the answer to Ravina's Kashya will not apply in the latter case (of B'chor) - since Temimah is written by Batei Arei Chomah, but not by B'chor.

(d)Rebbi Aba bar Mamal nevertheless issued his ruling with regard to B'chor - on the basis of the Gezeirah-Shavah "Shanah" "Shanah" (from Batei Arei Chomah).

10)

(a)The Beraisa reiterates the Machlokes between Rebbi and the Rabbanan regarding whether "Temimah" implies the sun-year (Rebbi) or whether it comes to include the extra month of a leap-year (the Rabbanan). Consequently, the year of Batei Arei Chomah will end ...

1. ... in a leap-year, according to Rebbi - three hundred and sixty-five days after the sale.

2. ... in an ordinary year, according to the Rabbanan - on the same date and at the same time as the sale on the following year.

(b)It also reiterates the D'rashah from "li'Tzemisus", incorporating Matanah in the Din of Mecher (though it does so as an alternative opinion). In fact, we really need "li'Tzemisus" to teach us the basic Halachah of la'Chalutin - at the end of the twelve-month period, the house belongs to the purchaser permanently (as the Tana himself points out).

(c)And the Tana learns the second D'rashah from the fact that - the Torah could have written 'Tzamis', which would have sufficed to teach us the first D'rashah.

(d)The Rabbanan asked Rav Papa whether our (S'tam) Mishnah can go like Rebbi Meir, who holds (regarding fields reverting to their owners in the Yovel) that Matanah is not like Mecher. He answered ...

1. ... to the Rabbanan's query that - Batei Arei Chomah is different, seeing as the Torah writes "li'Tzemisus", and even Rebbi Meir will agree there that Matanah ke'Mecher.

2. ... when they asked him fur ther that regarding the Din of Yovel, Rebbi Meir issues his ruling, in spite of the Pasuk "Tashuvu", from which the Chachamim Darshen Matanah ke'Mecher - he conceded that, in that case, he will not agree with their D'rashah "li'Tzmisus" either, and our Mishnah will not go like Rebbi Meir.

11)

(a)The Beraisa rules that someone who is Makdish a house in a walled town - may redeem it any time after the moment he is Makdish it.

(b)If someone else redeems it from Hekdesh - the owner has twelve months from then in which to buy it from him.

(c)Shmuel learns from the Pasuk "la'Koneh oso" that - the same Din applies with regard to someone who purchases the house from Hekdesh, as if he would have purchased it from the owner.

(d)In the same connection, we learn from the next word "le'Dorosav" that - the house never becomes permanent Hekdesh property for however long it remains in the domain of Hekdesh (since Hekdesh does not have offspring).

(e)Rav Papa explains that, in spite of having taught us that once the year has passed, the purchaser owns the house permanently, the Torah needs to add "Lo Yetzei ba'Yovel", to teach us that - even if the Yovel falls during the first year, the house does not revert to the owner.

12)

(a)The purchasers of houses in walled towns started going into hiding on the last day of the year of purchase - in order to avoid the houses from reverting to their owners.

(b)So Hillel in our Mishnah, instituted that - the owner has only to place the redemption money in a box (that was specially put up for that purpose), enabling him to take back his house, and giving him the authority to break down the door, if necessary, and enter it.