340. Return to Sender: The obligation to return land to its hereditary owners in the Jubilee

All types of land had to be returned to the original, hereditary owners: fields, houses, vineyards, orchards, etc. In the previous mitzvah, we discussed how land was not permitted to be sold in perpetuity. If one attempted to make a sale permanent, the land automatically reverted to its original owners in the Jubilee year. (We will discuss the law of houses within cities in the next mitzvah.)

A house in an unwalled city enjoys the benefits of both cities and fields. If a person sold a house in an unwalled city, he may redeem it immediately (like a house in a walled city) or later, even after a year (like a field).

The reason for this mitzvah is what we said in the previous mitzvah: the land really belongs to God, not us. He lets us use it but that doesn’t give us the right to sell it.

This mitzvah applies to both men and women but only in Israel at a time when the Jubilee is observed. In the Talmud, it is discussed in the last chapter of tractate Arachin, beginning on page 29b. It is codified in the Mishneh Torah in the eleventh chapter of Hilchos Shemittah and is #138 of the 248 positive mitzvos in the Rambam’s Sefer HaMitzvos.