Shemitah and Shared Ownership: Torah in the Public Domain

but in the seventh you shall let it rest and lie fallow. Let the needy among your people eat of it, and what they leave let the wild beasts eat. You shall do the same with your vineyards and your olive groves.

(1) And the LORD spoke unto Moses in mount Sinai, saying: (2) Speak unto the children of Israel, and say unto them: When ye come into the land which I give you, then shall the land keep a sabbath unto the LORD. (3) Six years thou shalt sow thy field, and six years thou shalt prune thy vineyard, and gather in the produce thereof. (4) But in the seventh year shall be a sabbath of solemn rest for the land, a sabbath unto the LORD; thou shalt neither sow thy field, nor prune thy vineyard. (5) That which groweth of itself of thy harvest thou shalt not reap, and the grapes of thy undressed vine thou shalt not gather; it shall be a year of solemn rest for the land. (6) And the sabbath-produce of the land shall be for food for you: for thee, and for thy servant and for thy maid, and for thy hired servant and for the settler by thy side that sojourn with thee; (7) and for thy cattle, and for the beasts that are in thy land, shall all the increase thereof be for food.

'והיתה שבת הארץ וגו‎‎‎‎ AND THE SABBATH OF THE LAND SHALL BE [FOOD FOR YOU] — Although I have forbidden them (the fruits of the sabbatical year) to you by stating “thou shalt not harvest etc.”, I do not mean to forbid them to you as food or to be used for any other beneficial purpose but what I meant was that you should not comport yourself in respect of them as the exclusive owner but all must be equal as regards it (the Sabbatical year’s produce) — you and your hired servant and your sojourner

(24) It is a positive commandment to annul [ownership of] everything that comes out of the ground in the seventh year as it says "and in the seventh [year], annul it and forsake it" and anyone who locks up his vineyard or fences in his field in the seventh year has violated a positive commandment, and similarly someone who harvest all his fruits and brings them inside. Rather everything should be seen as ownerless and everyone has equal claim...

And Rav Yosef says: Even with regard to a rabbi who forgoes his honor, his honor is forgone, as it is stated: “And the Lord went before them by day” (Exodus 13:21). God Himself, the Teacher of the Jewish people, had forgone the honor due Him and took the trouble to guide the people. Rava said: How can these cases be compared? There, with regard to the Holy One, Blessed be He, the world is His and the Torah is His, and therefore He can forgo His honor. By contrast, here, is it his Torah, that the teacher can forgo its honor? Rava then said: Yes, if he studies, it is his Torah, as it is written: “For his delight is the Torah of the Lord, and in his Torah he meditates day and night” (Psalms 1:2). This indicates that at first it is “the Torah of the Lord,” but after he studies, it becomes “his Torah.”

Moses received the Torah at Sinai and transmitted it to Joshua, Joshua to the elders, and the elders to the prophets, and the prophets to the Men of the Great Assembly...

Blessed are You, Adonoy our God, King of the Universe Who chose us from among all the peoples and gave us His Torah. Blessed are You, Adonoy, Giver of the Torah!

§ The Gemara discusses the ruling of Rabbi Yoḥanan: From where is this matter derived? Abaye says: As the verse states: “God has spoken once, twice I have heard this; that strength belongs to God” (Psalms 62:12). Abaye explains: One verse is stated by God and from it emerge several explanations, but one explanation does not emerge from several verses. Alternatively, the school of Rabbi Yishmael taught that the verse states: “Is not My word like as fire? says the Lord; and like a hammer that breaks the rock in pieces” (Jeremiah 23:29). Just as this hammer breaks a stone into several fragments, so too, one verse is stated by God and from it emerge several explanations.

§ The Sages taught: There was an incident involving Rabbi Yoḥanan ben Beroka and Rabbi Elazar ben Ḥisma, when they went to greet Rabbi Yehoshua in Peki’in. Rabbi Yehoshua said to them: What novel idea was taught today in the study hall? They said to him: We are your students and we drink from your water, i.e., all of our Torah knowledge comes from you, and therefore how can we tell you something you have not already learned? He said to them: Even so, there cannot be a study hall without a novelty. He asked them: Whose week was it, i.e. who was the lecturer this week? They said to him: It was Rabbi Elazar ben Azarya’s week. He inquired: And on what subject was the lecture today? They said to him: He spoke about the portion of the mitzva of assembly. Rabbi Yehoshua persisted: And what verse did he interpret homiletically with regard to this mitzva? They said to him that Rabbi Elazar ben Azarya interpreted the following verse: “Assemble the people, the men and the women and the little ones” (Deuteronomy 31:12). This verse is puzzling: If men come to learn, and women, who might not understand, come at least to hear, why do the little ones come? They come in order for God to give a reward to those who bring them, i.e., God credits those who bring their children to the assembly. Rabbi Yehoshua said to them: This good pearl of wisdom was in your hands, and you tried to conceal it from me?