Arakhin 9:5-6
משנה ערכין ט:ה-ו
Seder: Kodashim | Tractate: Arakhin | Chapter: 9
📖 Mishna
Mishna 9:5
משנה ט:ה
Hebrew:
כֹּל שֶׁהוּא לִפְנִים מִן הַחוֹמָה, הֲרֵי הוּא כְבָתֵּי עָרֵי חוֹמָה, חוּץ מִן הַשָּׂדוֹת. רַבִּי מֵאִיר אוֹמֵר, אַף הַשָּׂדוֹת. בַּיִת הַבָּנוּי בַּחוֹמָה, רַבִּי יְהוּדָה אוֹמֵר, אֵינוֹ כְבָתֵּי עָרֵי חוֹמָה. רַבִּי שִׁמְעוֹן אוֹמֵר, כֹּתֶל הַחִיצוֹן הִיא חוֹמָתוֹ:
English:
The halakhic status of any area that is located within the city wall is like that of the houses of walled cities in terms of its redemption, except for the fields located therein. Rabbi Meir says: Even the fields are included in this category. With regard to a house that is built in the wall itself, Rabbi Yehuda says: Its halakhic status is not like that of the houses of walled cities. Rabbi Shimon says: The outer wall of the house is considered the city wall, and therefore it has the status of a house in a walled city.
קלאוד על המשנה:
This mishna defines the boundaries of “walled city” status and addresses edge cases.
Inside the Wall = Walled City Status: Anything within the walls—houses, shops, structures—follows walled city rules (12-month redemption, then permanent). The wall creates a legal boundary.
The Field Exception: First Tanna: Fields inside walls are NOT walled city property. They follow regular field rules (return at Jubilee). Why? Fields are agricultural; the walled city rules are for urban property. A field happens to be inside a wall but remains fundamentally agricultural.
Rabbi Meir: Even fields inside walls get walled city status. The wall is the determinative factor, not the use of the land.
House Built INTO the Wall: Some houses were constructed using the city wall as one of their walls—literally built into the fortification.
Rabbi Yehuda: Not walled city status. The house isn’t truly “inside” the wall; it’s part of the wall. It lacks the enclosed urban character.
Rabbi Shimon: It IS walled city status. The house’s outer wall (which IS the city wall) defines its location. Since the outer wall is the city’s fortification, the house is “within” a walled city.
This dispute hinges on perspective: Is the house inside, outside, or neither? Rabbi Shimon sees the fortification wall as enclosing the house; Rabbi Yehuda sees the house as ON the boundary, not within it.
Key Terms:
- לפנים מן החומה (Lifnim Min HaChomah) = Within the wall; inside the fortification
- שדות (Sadot) = Fields; agricultural land
- בית הבנוי בחומה (Bayit HaBanui BaChomah) = House built in the wall
- כותל החיצון (Kotel HaChitzon) = The outer wall; external wall of the house
Mishna 9:6
משנה ט:ו
Hebrew:
עִיר שֶׁגַּגּוֹתֶיהָ חוֹמָתָהּ, וְשֶׁאֵינָהּ מֻקֶּפֶת חוֹמָה מִימוֹת יְהוֹשֻׁעַ בִּן נוּן, אֵינָהּ כְּבָתֵּי עָרֵי חוֹמָה. וְאֵלּוּ הֵן בָּתֵּי עָרֵי חוֹמָה, שָׁלשׁ חֲצֵרוֹת שֶׁל שְׁנֵי שְׁנֵי בָתִּים, מֻקָּפוֹת חוֹמָה מִימוֹת יְהוֹשֻׁעַ בִּן נוּן, כְּגוֹן קַצְּרָה הַיְשָׁנָה שֶׁל צִפּוֹרִים, וְחַקְרָה שֶׁל גּוּשׁ חָלָב, וְיוֹדְפַת הַיְשָׁנָה, וְגַמְלָא, וּגְדוֹד, וְחָדִיד, וְאוֹנוֹ, וִירוּשָׁלַיִם, וְכֵן כַּיּוֹצֵא בָהֶן:
English:
The halakhic status of a house in a city whose houses are attached and their rooftops constitute the top of its wall, and likewise a city that is not surrounded by a wall from the era of Joshua, son of Nun, even if a surrounding wall was constructed during a later period, is not like that of the houses of walled cities. And these are the houses of walled cities: Any city in which there are at least three courtyards, each containing two houses, and which is surrounded by a wall from the era of Joshua, son of Nun, e.g., the ancient fort of Tzippori, and the fortress of Gush Chalav, and ancient Yodfat, and Gamla, and Gedod, and Chadid, and Ono, and Jerusalem, and likewise other similar cities.
קלאוד על המשנה:
This mishna establishes the technical requirements for “walled city” status—and reveals that the designation is surprisingly ancient and limited.
What Doesn’t Qualify:
-
Rooftop walls: If houses are built together with their roofs forming a continuous “wall,” this isn’t a true walled city. The wall must be a deliberate fortification, not an accidental byproduct of construction.
-
Newer walls: A city that built walls AFTER Joshua’s conquest doesn’t qualify—even if those walls are thousands of years old by now! The Torah’s laws apply only to cities walled since the original conquest of Canaan.
The Joshua Requirement: Why must the walls date to Joshua? The Torah describes these laws for cities “which have a wall” (אשר לא חומה)—using present tense during the original lawgiving. Only cities walled at that founding moment qualify permanently.
Minimum Size: A walled city must have at least three courtyards with two houses each—a minimum of six houses. Smaller clusters don’t constitute a “city.”
The Historical List: The mishna preserves a remarkable list of qualifying cities:
- Tzippori (Sepphoris): Major city in Lower Galilee
- Gush Chalav: Identified with Jish in Upper Galilee
- Yodfat (Jotapata): Site of famous siege in Jewish-Roman War
- Gamla: Fortified city in the Golan
- Chadid and Ono: Cities near modern Tel Aviv area
- Jerusalem: The holy city itself
This list, preserved from Temple times, reflects actual legal determinations about which cities qualified for these special property laws.
Key Terms:
- גגותיה חומתה (Gagoteha Chomatah) = Its rooftops are its wall
- מימות יהושע בן נון (Mimot Yehoshua Bin Nun) = From the era of Joshua son of Nun
- חצרות (Chatzerot) = Courtyards
- קצרה (Katzra) = Fort; fortified area
- חקרה (Chakra) = Fortress