Bar-Ilan University's Parashat Hashavua Study Center
Parashat Re'eh 5763/ August 23, 2003
Lectures on the weekly Torah reading by the faculty
of Bar-Ilan University in Ramat Gan, Israel.
A project of the Faculty of Jewish Studies,
Paul and Helene Shulman Basic Jewish Studies Center,
and the Office of the Campus Rabbi. Published on the Internet
under the sponsorship of Bar-Ilan University's
International Center for Jewish Identity.
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Publication by the Computer Center Staff at Bar-Ilan University.
Inquiries and comments to:
Dr. Isaac Gottlieb, Department of Bible,
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Parashat Re'eh 5763/ August 23, 2003
"Mikketz"-Beginning or End?
Rabbi Judah Zoldan
The Midrasha for Women
The exact phrasing of the law concerning remission of debts,
"every seventh year you shall practice remission of debts" (Deut.
15:1) raised disagreement among commentators regarding its timing. The Hebrew
expression is mikketz sheva shanim, which literally could be rendered as
"at the end of seven years." Hence, the question arises as to which
end of the year is meant - the beginning of the seventh year, or its
conclusion? Sifre on Deuteronomy, par. 111, reads:
"Every seventh year" - does that mean from
the beginning of the year, or at its end? We can argue as follows: note that
the word ketz (end) appears here and further on (Deut. 31:10). Just as
ketz in the latter instance means at the conclusion, not the beginning,
so too ketz here means at the conclusion, not the beginning.
The Talmud, too, says: "The sabbatical is at the end of
the year, for it is written, 'At the end of seven years you shall have a
remission'" (
Arakhin 28b). On the other hand, the Tosefta,
says: "When is the
prosbul written? On the eve of the New Year of
the seventh year" (
Tosefta,
Shevi'it [Lieberman ed.],
ch. 8.10). Some people, however, have the reading "the eve after the New
Year at the end of the seventh
year."
[1]
Several times in Ibn Ezra's commentaries on the Bible he
notes that the word mikketz can be interpreted either as beginning or
end. Thus he interprets the text about the spies (Numbers 13:25): "At
the end of forty days they returned from scouting the land" -
"Sometimes mikketz denotes the beginning, sometimes mikketz
is the end; it could mean at the beginning of the forty days." Regarding
Moses' return after forty days on Mount Sinai - "At the end of
those forty days and forty nights, the Lord gave me the two tablets of stone,
the Tablets of the Covenant" (Deut. 9:11) - Ibn Ezra comments:
"Upon the conclusion or the beginning of the forty days; in this case it
means that on the same day that Moses was given the Tablets the calf was
made."
In some instances Ibn Ezra is more decisive, interpreting
ketz as denoting the beginning, not the end. For example, in this
week's reading, regarding setting aside tithes (14:28):
"'After a period of three years (miqtze shalosh shanim) you
shall bring out the full tithe of your yield of that year' - at the
beginning." The same goes for the main subject of interest to us here
- remission of debts. Here is his comment on our verse:
"At the beginning of the year, as I have explained. And
the witness is: 'Gather the people'(31:12)" (Ibn Ezra on
Deut. 15:1). Ibn Ezra means to say that the law of Hakhel, gathering the people
for a festive Torah-reading once in seven years, also uses the phrase
mikketz
sheva shanim bemo'ed shnat hashemitta behag hasukkot" (31:10)
and presumably means "every seven years" (JPS) at the
beginning of the year, since it specifies "on Sukkot", which
is but two weeks after the New Year (Rosh Hashana). He repeats this
interpretation regarding the command to gather the people at Deut. 31:11, where
the Law of Hakhel appears: "'Every seventh year, the year set for
remission, at the Feast of Booths' - at the beginning of the
year."
[2]
Elsewhere Ibn Ezra proves his point from the verse, "In
the seventh year [lit.
mikketz, at the end of seven years] each of you
must let go any fellow Hebrew who may be sold to you; when he has served you six
years, you must set him free" (Jer. 34:14). According to the Torah a
Hebrew servant is released after six years, at the beginning of the seventh
year. This is Ibn Ezra's comment: "He shall work for six years and
no more, and at the beginning of the seventh year from when he was sold he shall
go free, no matter which year it is. Do not wonder about the text from
Jeremiah, saying 'at the end of seven years,' for everything has two
ends or extremes, and sometimes it is at the commencement, sometimes at the
conclusion" (Ibn Ezra's commentary on Exodus 21:2 [long
version]).
[3]
In practice remission of debts is generally agreed to be at
the end of the seventh year, and therefore those who write a
prosbul do
so towards the New Year of the eighth
year.
[4]
That remission of debts should take place at the
beginning of the seventh year, Ibn Ezra's view, accords with what
he says elsewhere. Nehemiah 5:1-5 tells of popular complaints against Jews who
exploited their fellows on account of financial debts. The context of the
people's outcry is not clear from the verses at hand. The commentary
attributed to Ibn Ezra
[5] (on Neh. 5:9) reads:
"It was during the Year of Remission (sabbatical year), and therefore the
people cried out." The masses apparently understood that the wealthy Jews
who had given loans had no intention of granting remission of the debts, as the
Torah demands, and therefore there was an outcry. It erupted during
construction of the wall around Jerusalem, which commenced on the third of
Av and concluded on the 25th of
Elul (Nehemiah 6:15). Thus, we
see, the timing was towards the end of the year. Computing the years and the
events that took place according to the Sages, we discover that indeed it was
the end of the sixth year, and the eve of the sabbatical year; now according to
Ibn Ezra, the remission of debts takes place at the beginning of the sabbatical
year.
Here is how we arrive at that conclusion: Construction of the
wall commenced with Nehemiah's arrival in Israel, in the twentieth year of
the reign of Artaxerxes (Neh. 2:1; 5:14). Earlier, in the seventh year of the
reign of the king, in the month of
Av, Ezra had returned to Israel (Ezra
7:7-9). According to Rav Ashi, the sabbatical year began to be calculated anew
upon Ezra's return (BT,
Arakhin 13a), the reckoning towards the
sabbatical year commencing at the New Year after Ezra's
arrival.
[6] The eighth year of the king's
reign was the first year in the reckoning of the sabbatical year; hence the
fourteenth year of the king's reign was the first sabbatical year during
the Second Temple period, and the twenty-first year of his reign was the second
sabbatical year of the Second Temple period. Thus we conclude that the
twentieth year, in which Nehemiah returned to Israel and in which the people
cried out against exploitation and usury, was the sixth year of the cycle, on
the eve of the sabbatical year. Bearing in mind Ibn Ezra's contention
that remission of debts took place at the beginning of the sabbatical, when the
people realized there would be no remittance, the reason for the popular outcry
becomes clear.
[1] S. Lieberman,
Tosefta
Ki-fshutah,
Zeraim 2, New York 1945, pp. 592-593, notes several
manuscripts as well as several
rishonim who had a version of the Tosefta
reading: "on the eve of the New Year of the seventh year." He also
notes that other manuscripts have the variant reading, "at the close of
the seventh year."
[2] A similar interpretation is
given in Ibn Ezra on Ex. 31:13 and in the commentaries attributed to him on
Psalms 119:96 and Esther 2:12.
[3] Certain commentators have
taken to task these remarks by Ibn Ezra, especially concerning remission of
debts. For example, Rabbi Meir Leibush (Malbim),
Ha-Torah ve-ha-Mitzvah,
Deut. 15:1, who also notes the verse from Jeremiah, but due to the proximity
there of a text about
biur ma'asrot, getting rid of tithes, Malbim
found it necessary to interpret "at the end of seven years - also
refers to the end of the period." Rabbi Barukh Ha-Levy Epstein,
Torah
Temimah, Deut. 15:1, responded to Malbim's comment and maintained that
the verse in Jeremiah does not provide any proof, since "the Sages already
sensed this in the Talmud,
Arakhin 33a, and explained that it was six for
a person who had been sold and seven for a subjugated slave." Rabbi
Jonathan Eibshutz,
Sefer Urim ve-Tumim, 67.26, interpreted Ibn Ezra as
meaning that from the onset of the seventh year the lender cannot demand
repayment of a debt, but if the borrower comes to pay back, the lender does not
have to say, "I forgo it" (following the approach of Rabbenu Asher
(Rosh),
Gittin, ch. 4, par. 18), "for Heaven forfend that we impute
to him [Ibn Ezra] even the least bit of heresy as if he took a stand in
contradiction to the Sages, who held that remission of debts is at the end of
the sabbatical year." Rabbi Israel Mishklov,
Pe'at ha-Shulhan
- Beit Yisrael, in the section on laws of
prosbul, par. 96,
rejects what is said in
Tumim: "There is not the least stain on
the reputation of the saintly Ibn Ezra, who explained the plain sense of
Scripture; and
Sifre raised this possibility at the outset." There
were, however, those who suspected Ibn Ezra of taking a position like that of
the Karaites, who held that
mi-ketz meant from the beginning. For
reference to such sources, see D. Henschke,
"Eimatai hu zmano shel
hakhel?"
Sefer Hakhel, Kefar Darom 2001, p. 454. For
further reading on Ibn Ezra's position and other commentaries in response,
see Rabbi Y. Hadari,
Shabbat u-Mo'ed ba-Shevi'it, Jerusalem
1986, pp. 71-79.
[4] Thus Maimonides ruled in
Hilkhot Shemita ve-Yovel, ch. 9, halakhah 4;
Shulhan Arukh
Hoshen Misphat, 67.30. For an overview of the sources, see Rabbi Ovadiah
Yosef,
Resp. Yehaveh Da'at, Part 4, par. 62. Some people are more
strict in this regard and make a
prosbul before the beginning of the
seventh year.
[5] Some scholars attribute the
Ibn Ezra Commentary on Ezra and Nehemiah to R. Moses Kimhi. See E. Weiser,
Perushei ha-Torah le-R. Abraham Ibn Ezra, Jerusalem, 1977, Intro., p.
15.
[6] This is based on our
understanding of Rashi's commentary on the
gemara in
Arakhin
(
loc. sit.). For a general summary of the computation of the years,
according to the systems of Rashi, Rabbenu Gershom, and Maimonides, see A.
Shulman,
Seder Shemitot ve-Yovlot, Kol Mevasser Publishing, 2001, pp.
53-60.