Kiddushin, Daf Lammed Het, Part 4

 

Introduction

In yesterday s section R. Elazar b. R. Shimon stated that all mitzvoth that are connected to the land are observed only in the Land with two exceptions. One of those exceptions is the commandment to release debts at the sabbatical year. But this is a personal obligation, not connected to the Land. So why state that it is an exception? It would seem to simply follow the rule.

 

השמטת כספים חובת הגוף היא

לא נצרכא אלא לכדתניא דתניא רבי אומר (דברים טו, ב) וזה דבר השמיטה שמוט בשתי שמיטות הכתוב מדבר אחת שמיטת קרקע ואחת שמיטת כספים בזמן שאתה משמט קרקע אתה משמט כספים בזמן שאי אתה משמט קרקע אי אתה משמט כספים

 

But the release of debts is a personal obligation? It is necessary [to state it] only because of what was taught. For it was taught: Rabbi said: And this is the manner of release: release (Deuteronomy 15:2): the verse speaks of two releases, the release of land and the release of debt. At the time when you release land, you release debts; and at the time when you do not release land, you do not release debts.

 

The reason that the R. Elazar had to state that the release from debt is observed outside of the Land is that there is some connection between this mitzvah and the land, since Rabbi connected it to the release of the land (the prohibition of working the land during the sabbatical year). Rabbi says that as long as the mitzvah of letting the land rest is observed, the mitzvah of release from debt is observed in all places. In other words, release of debt is observed outside the Land even though it is tied to the Land.

 

ואימא במקום שאתה משמט קרקע אתה משמט כספים ובמקום שאין אתה משמט קרקע אין אתה משמט כספים ת"ל (דברים טו, ב) כי קרא שמיטה לה’ מכל מקום

 

But say [it means the following]: in the place that you must release the land, you must release debts; but in the place where you do not release the land, you do not release debts?

Scripture says, Because the Lord s release has been proclaimed, (Deuteronomy 15:2)–under all circumstances.

 

The Talmud now asks indeed why we don t read the verse another way not with regard to time, but with regard to place. This would mean that the mitzvah to release debt applies only inside the Land.

The Talmud reads the verse as implying that the mitzvah does apply in all places.

Thus in the end, the release of debts is practiced in all places, but only if the mitzvah to release the land (not work the land) is practiced in the land. Today both of these mitzvoth are still observed, but their status is considered derabanan, of rabbinic origin.