By April 8, 2008 Read More →

Mishnah Gittin 5:6: Restoring the Land to the Jewish People

Roman HelmetThe Mishnah records a number of rulings designed to aid in the reestablishment of the Jewish community of Palestine after the Great Revolt of 66-73 C.E. and the attendant destruction of the land.

The law of the sikarikon 66 did not apply in the days of the war [against Titus] in Judah, 67 but after the war and following it applied. What was this law? [If a Jew] bought land from a sikarikon and subsequently bought the land from its original [Jewish] owner, the sale is void. 68 If he bought the land from the original owner and then paid the sikarikon, the sale is valid. [Similarly, if a Jew] bought land belonging to a woman from her husband and subsequently bought it from her, the sale is void. 69 [If he bought it] from the woman and then from the husband, the sale is valid.

This is the teaching of the earlier Rabbis. A later Rabbinic court said- Whoever buys land from a sikarikon must pay the original owner a fourth [of the value of the land]. 70 When is this? When they [the original Owners] do not have [the sum of the value of the land] in their possession, but if they do have [the sum of the value of the land] in their possession they precede any man [in the right to buy back the land]. Rabbi [Judah the Prince 71 convened his court [to discuss this law] and they decided that if the land was in the possession of the sikarikon for twelve months, whoever bought the land first has the rights to it, but he must pay the original owners a fourth.

65. Trans. Hadassah Schiffman Levy.

66. Sikarikon is a Greek word meaning “thief.” The sikarikon referred to here is Roman soldier who acquired land from Jews in exchange for sparing their lives. He then sold the land in order to make a profit.

67. 66-73 C.E.

68. Since the original owner sold it out of fear of the sikarikon and did not intend the sale to be final.

69. Since she can say that she only sold it in order not to upset her husband, and not because she wanted to sell it.

70. Since the sikarikon generally sold the land for three quarters of its value, the buyer
was required to pay the original owner the rest of the actual value.

71. The editor of the Mishnah, d. ca. 225.

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