Arakhin 9:3-4
משנה ערכין ט:ג-ד
Seder: Kodashim | Tractate: Arakhin | Chapter: 9
📖 Mishna
Mishna 9:3
משנה ט:ג
Hebrew:
הַמּוֹכֵר בַּיִת בְּבָתֵּי עָרֵי חוֹמָה, הֲרֵי זֶה גוֹאֵל מִיָּד, וְגוֹאֵל כָּל שְׁנֵים עָשָׂר חֹדֶשׁ, הֲרֵי זֶה כְּמִין רִבִּית וְאֵינָהּ רִבִּית. מֵת הַמּוֹכֵר, יִגְאַל בְּנוֹ. מֵת הַלּוֹקֵחַ, יִגְאַל מִיַּד בְּנוֹ. אֵינוֹ מוֹנֶה לוֹ שָׁנָה אֶלָּא מִשָּׁעָה שֶׁמָּכַר לוֹ, שֶׁנֶּאֱמַר (שם), עַד מְלֹאת לוֹ שָׁנָה תְמִימָה. וּכְשֶׁהוּא אוֹמֵר תְּמִימָה, לְהָבִיא חֹדֶשׁ הָעִבּוּר. רַבִּי אוֹמֵר, יִתֵּן לוֹ שָׁנָה וְעִבּוּרָהּ:
English:
One who sells a house from among the houses of walled cities may redeem the house immediately, even without the consent of the buyer, and he may redeem the house during the entire twelve months following the sale, but not after that. When he redeems the house within the twelve-month period, he returns the sale price to the buyer, and this is ostensibly like a form of interest, as the buyer has effectively resided in the house for free in exchange for the fact that the buyer’s money was in the possession of the seller. It is not considered interest, because the buyer owned the house during the period in which he resided in it. If the seller died, his son may redeem the house from the buyer. If the buyer died, the seller may redeem it from the possession of the buyer’s son. If the buyer sold the house to another, one calculates the year only from the time that the owner sold the house to the first buyer, as it is stated: “until the passage of a full year for him.” When it says: “A full year,” this serves to include the intercalated month if it was a leap year. Rabbi Yehuda HaNasi says: The word “full” serves to give the seller a year and its addition, i.e., the solar year of 365 days.
קלאוד על המשנה:
The mishna now turns to houses in walled cities (בתי ערי חומה)—a unique category with different rules than fields.
The One-Year Window: Unlike fields (which return at Jubilee), houses in walled cities have only a 12-month redemption period. After one year, the sale becomes permanent—no Jubilee return. This reflects urban versus rural economics: city property was more commercial, less tied to ancestral inheritance.
The Interest Question: The mishna addresses a fascinating legal fiction. The seller receives money, the buyer lives in the house, then the seller returns ONLY the original money—no rent paid! This looks like interest (the seller had free use of the money while the buyer lived for free).
The resolution: during the 12 months, the buyer truly OWNED the house. Their residence wasn’t “rent-free use of the seller’s property”—it was enjoying their own property. The subsequent redemption is a new transaction, not unwinding of interest.
Inheritance of Rights: If the seller dies, their heir can redeem. If the buyer dies, the seller can still redeem from the buyer’s heir. The rights pass to the next generation on both sides.
How Long is “A Year”?
First Tanna: A full lunar year, including the intercalated month if it’s a leap year (~384 days in a leap year).
Rabbi Yehuda HaNasi: A solar year of 365 days—“a year and its addition” beyond the standard 354-day lunar year.
This dispute has practical impact: in a leap year, Rabbi’s view gives the seller less time; the first view gives more.
Key Terms:
- בתי ערי חומה (Batei Arei Chomah) = Houses of walled cities
- ריבית (Ribit) = Interest; forbidden profit on loans
- שנה תמימה (Shanah Temimah) = A full year; complete year
- חודש העיבור (Chodesh HaIbbur) = Intercalated month; 13th month in leap year
- עיבורה (Ibburah) = Its addition; extra days
Mishna 9:4
משנה ט:ד
Hebrew:
הִגִּיעַ יוֹם שְׁנֵים עָשָׂר חֹדֶשׁ וְלֹא נִגְאַל, הָיָה חָלוּט לוֹ, אֶחָד הַלּוֹקֵחַ וְאֶחָד שֶׁנִּתַּן לוֹ מַתָּנָה, שֶׁנֶּאֱמַר לַצְּמִיתוּת. בָּרִאשׁוֹנָה הָיָה נִטְמָן יוֹם שְׁנֵים עָשָׂר חֹדֶשׁ, שֶׁיְּהֵא חָלוּט לוֹ. הִתְקִין הִלֵּל הַזָּקֵן, שֶׁיְּהֵא חוֹלֵשׁ אֶת מְעוֹתָיו בַּלִּשְׁכָּה, וִיהֵא שׁוֹבֵר אֶת הַדֶּלֶת וְנִכְנָס. אֵימָתַי שֶׁיִּרְצֶה הַלָּה, יָבֹא וְיִטֹּל אֶת מְעוֹתָיו:
English:
If the final day of the twelve-month period arrived and the house was not redeemed, the house has become the property of the buyer in perpetuity. This is the halakha with regard to both one who buys a house in a walled city and one to whom it is given as a gift, as it is stated: “in perpetuity.” At first, the buyer would conceal himself on the final day of the twelve-month period, in order to ensure that it would become his in perpetuity. Hillel the Elder instituted that the seller would place his money in the chamber of the court and that he will break the door and enter the house, and when the other individual, the buyer, will wish to do so, he may come to the chamber and take his money.
קלאוד על המשנה:
This mishna describes one of Hillel the Elder’s famous takanot (legal reforms) addressing a loophole that bad-faith buyers exploited.
Perpetual Ownership After One Year: Unlike fields that return at Jubilee, walled city houses become permanently owned (חלוט) if not redeemed within 12 months. The word “לצמיתות” (in perpetuity) in Leviticus 25:30 establishes this.
The Same Rule for Gifts: Even if someone received the house as a gift rather than a purchase, the original seller has the same 12-month redemption right. The one-year clock runs regardless of how the current holder acquired it.
The Problem: Hide-and-Seek: Unscrupulous buyers realized they could guarantee permanent ownership by simply hiding on day 365. The seller would wander around looking for them, unable to tender payment, and the deadline would pass. The buyer emerges, house is now permanently theirs.
This was legal but morally repugnant—using technical compliance to defeat the Torah’s intent.
Hillel’s Solution: Two steps:
- Deposit money in the court chamber: The seller places the full redemption payment with the court
- Break in and enter: The seller may physically break down the door and take possession
The buyer can collect their money whenever they want—it’s sitting in court. But they cannot game the system by hiding.
This takanah demonstrates how the Sages used legal creativity to preserve the Torah’s spirit when its letter was being exploited. The buyer’s right to the money is protected; their ability to abuse the system is eliminated.
Key Terms:
- חלוט (Chalut) = Becomes permanent; irrevocable ownership
- לצמיתות (LaTzmitut) = In perpetuity; forever
- נטמן (Nitman) = Concealed himself; hid
- התקין (Hitkin) = Instituted; enacted reform
- הלל הזקן (Hillel HaZaken) = Hillel the Elder; famous sage
- לשכה (Lishkah) = Chamber; court deposit room
- חולש (Cholesh) = Places; deposits