Saturday, December 12, 2009

Halachos on the Daf - Bava Basra 72

An Ancestral Field

S’dei Achuzah is a field in Israel that was inherited throughout the generations, from the time of Yehoshua. If it has the specific parameters, which will be elaborated below, then there are unique laws when someone consecrates this type of field. Usually, a field that is hekdesh, may be redeemed at full value (if redeemed by the owner, then he must pay an additional fifth of the value). However a S’dei Achuzah, has a specific price tag.

Dimension: 75,000 square amos of land, which can be planted upon. This size enables one to plant a chomer (30 se’ah) of barley.

Price: 50 shekalim for the entire 50 years of Yovel. This price is for each chomer. If the field is the size of ten chomers, then the price would be 500 shekalim for the entire 50 years. This is the amount one pays, regardless of the field’s real value.

As mentioned, the price of 50 shekalim is for the entire 50 years. This means, in a case where person redeemed the field, within the first year after Yovel, then he has to pay that amount. However, if for example there are only 8 years left to Yovel, then he has to pay 8 shekalim. If there are 4 years left, then he has to pay 4.

He cannot pay a shekel a year; rather, he must pay the entire amount when he redeems the field.

One may not redeem the field within the last year before Yovel, nor on Yovel. One may not consecrate the field on Yovel.

If there are trees on the field, although they are also hekdesh, they must be redeemed separately, at their own price. If there are 3 trees in a beis se’ah, and he did not specify that he is only consecrating the trees, then he consecrated the trees, the ground and the little trees in between, and they are part of the S’dei Achuzah. Meaning, they don’t need to be redeemed separately; rather, they are included in the 50 shekalim. However, if the 3 trees were planted closer or further apart (i.e. each tree has either more or less space than 250 square amos), or he consecrated the 3 trees one after another, then the halachah is that the ground and the little trees in between are not hekdesh, and the trees are redeemed at their regular value.