339. Long-term Lease: The prohibition against selling land in Israel permanently
The land may not be sold in perpetuity because the land in Mine… (Leviticus 25:23)
A field in Israel may not be sold in perpetuity. Rather, it is leased based on the amount of time remaining until the next Jubilee year, when land reverts to its hereditary owners. The buyer and seller have no legal authority to circumvent this law in order to sell a field forever. Attempting to stipulate counter to this reality would be a violation of this mitzvah. (Ramban – Nachmanides – understands this mitzvah to prohibit selling land in Israel to non-Jews, who actually would retain the land permanently. They may, however, be leased the land according to the same terms as Jews.)
The reason for this mitzvah is what we have said before regarding Yoveil (Mitzvah #330) – and it’s stated outright in our verse! “The land is Mine; you are passers-by and residents with Me.” In other words, the land is not ours to do with as we please. Ultimately, it’s God’s, and He’s considerate enough to let us use it. But we shouldn’t take advantage of His hospitality by trying to sell it from out from under Him. That would be like being a guest in someone’s home and putting it up for sale! “Make yourself at home” has limits!
Only fields leased for an undefined term automatically revert at the Jubilee. If a person sold a field for 75 years (for example), Yoveil would come and go but the field would not revert. Nevertheless, such a transaction would not violate this mitzvah since the terms of the contract are not in perpetuity (see Talmud Baba Metzia 79a).
This prohibition applies specifically to fields; the law for cities is discussed in the Mitzvah #341.
This mitzvah applies to both men and women but only in Israel at a time when all the Tribes live there (since it is dependant upon the Jubilee year being observed). It is discussed in the Talmud in tractates Baba Metzia (79a) and Arachin (33a). It is codified in the Mishneh Torah in the eleventh chapter of Hilchos Shemittah and is #227 of the 365 negative mitzvos in the Rambam’s Sefer HaMitzvos.