Mitzvah —
232
Not to sell the cherem
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אַךְ־כׇּל־חֵ֡רֶם אֲשֶׁ֣ר יַחֲרִם֩ אִ֨ישׁ לַֽה׳ מִכׇּל־אֲשֶׁר־ל֗וֹ מֵאָדָ֤ם וּבְהֵמָה֙ וּמִשְּׂדֵ֣ה אֲחֻזָּת֔וֹ לֹ֥א יִמָּכֵ֖ר וְלֹ֣א יִגָּאֵ֑ל כׇּל־חֵ֕רֶם קֹֽדֶשׁ־קׇדָשִׁ֥ים ה֖וּא לַה׳׃ - פָּרָשַׁת בְּחֻקּתַי
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Leviticus 27:28 - "However, anything that a man devotes to the L-rd from any of his property whether a person, an animal, or part of his inherited field shall not be sold, nor shall it be redeemed, [for] all devoted things are holy of holies to the L-rd."
This Mitzvah's Summary
מִצְוָה עֲשֵׂה - Positive Commandment
מִצְוָה לֹא תַעֲשֶׂה - Negative Commandment
Justice / Courts – דִּינִים
It is forbidden to sell property that has been devoted as cherem to Hashem.
This mitzvah prohibits the sale of any property consecrated as cherem. Once devoted, the property is removed entirely from personal use and cannot be transferred or treated as ordinary possessions.
The Torah establishes cherem as irreversible — it may not be redeemed, sold, or reclaimed. This preserves the sanctity of offerings devoted wholly to Hashem and ensures that what is consecrated remains beyond human control.
Commentary & Classical Explanation:
- Rambam (Hilchot Arachin V’Charamim 6:2): States that once property is declared cherem, it is forever withdrawn from personal ownership and cannot be sold.
- Sefer HaChinuch (Mitzvah 380): Explains that the root of this mitzvah is to strengthen reverence for Hashem’s sanctity by removing devoted objects from commerce and personal gain.
- Talmud (Arachin 28a): Notes that the prohibition prevents individuals from treating cherem lightly, as though it could be bartered or traded.
- Rashi (Leviticus 27:28): Highlights that “it shall not be sold” underscores the absolute nature of cherem.
Commentaries
(Source: Chabad.org)
Applying this Mitzvah Today
Notes on this Mitzvah's Fundamentals
Faith – אֱמוּנָה
- Rambam (Hilchot Arachin V’Charamim 6:2) explains that once property is consecrated as cherem, it leaves human ownership entirely. Faith is expressed by accepting that the devoted object belongs solely to Hashem and cannot be reclaimed.
Holiness – קְדֻשָּׁה
- Rashi (Leviticus 27:28) comments that “it shall not be sold” teaches that cherem attains the highest level of sanctity. Its holiness is permanent and untouchable, beyond ordinary human transactions.
Justice – צֶדֶק
- Sefer HaChinuch (Mitzvah 380) notes that prohibiting the sale of cherem preserves fairness and integrity. It prevents a person from profiting after devoting something to Hashem and ensures that sanctity is honored consistently.
Speech – דָּבָר
- The sanctity of cherem begins with a spoken declaration. By forbidding its sale, the Torah upholds the binding power of speech — words of devotion must stand permanently.
Vows / Oaths – נְדָרִים / שְׁבוּעוֹת
- Talmud (Arachin 28a) teaches that this mitzvah reinforces the seriousness of vows. Once a person declares cherem, the vow cannot be undone through commerce, highlighting the unbreakable nature of sacred pledges.
Community – קְהִלָּה
- Sefer HaChinuch emphasizes that devoted property often entered the Temple treasury or supported kohanim. By removing cherem from the marketplace, the mitzvah ensures such offerings serve communal holiness, not private dealings.
Priests – כֹּהֲנִים
- Rambam and Talmud sources note that certain types of cherem are given to kohanim. The prohibition on selling ensures that what belongs to the priestly class for sacred service is never diverted for profit.
Bein Adam L’Makom – בֵּין אָדָם לְמָקוֹם
- Ultimately, the mitzvah reflects complete devotion to Hashem. By forbidding any sale, the Torah teaches that cherem is an offering beyond human control, strengthening reverence for the Divine.
