342. Variance Denied: The prohibition against altering the Levites’ land

Unlike the other Tribes, the Levites did not have a territory in Israel. Instead, they were given 48 cities, including the six cities of refuge (see Mitzvah #520). Each of these cities had an open area of land around them. This was to be a permanent arrangement; the fields could not be turned into cities and the cities could not be turned into fields, and neither of those could be turned into the open spaces surrounding the cities.

The simple reading of the verse would seem to prohibit selling the land but the land of Levites actually could be sold, as described in verses 25:32-33. Unlike the land of other Tribes, the houses and cities of the Levites could be redeemed at any time and would revert back to the Levites in the Jubilee. The Torah tells us the reason for this outright: this is all the land the Levites have, so they can’t afford to lose any!

The real estate arrangement with the Tribe of Levi benefitted everyone. Since they relied on tithes instead of being occupied with agriculture, the Levites were free to serve in the Temple and tend to the spiritual needs of the people. Additionally, the Leviim maintained the cities of refuge, which filled an important communal need. So, in reality, it’s in everyone’s best interest to ensure that the Levites retain their hereditary property.

This mitzvah applies to everyone, not just Levites, but only in Israel at a time when the Jews reside there. It is discussed in the Talmud in tractate Arachin (33b). It is codified in the Mishneh Torah in the thirteenth chapter of Hilchos Shemittah and is #228 of the 365 negative mitzvos in the Rambam’s Sefer HaMitzvos.