Kiddushin

All precepts which the Israelites were commanded [to practise] before their entry into the Land1 are operative both within and without the Land; after their entry into the Land, are operative only within the Land, except release of money [debts] and liberation of slaves:2 though they were commanded concerning these after their entry into the Land,is they are practised both within and without the Land. But the release of debts is a personal duty?3 — It is necessary [to state it] Only because of what was taught. Rabbi said: And this is the manner of release: release [thou] [every creditor, etc.]4 the Writ speaks of two releases, the release of soil and the release of debt.5 At the time when you release soil, you release debts; and at the time when you do not release soil, you do not release debts.6 But perhaps it means thus: in the place that you must release soil [sc. Palestine], you must release debts; but in the place where you do not release soil [sc. in the Diaspora], you do not release debts?7 Therefore it is stated, because the Lord's release hath been proclaimed,8 teaching, under all circumstances.9 [Again], liberation of slaves is a personal obligation? — I might have thought, since it is written, and ye shall proclaim liberty throughout the land,10 it holds good only in the Land, but not without; therefore it is stated, it is a jubilee,11 implying, under all circumstances. If so, what is taught by ‘the land’? — When liberation [of slaves] is in force in the Land, it is in force without; when it is not in force in the Land,12 it is not in force without. We learnt elsewhere: Hadash is forbidden by Scriptural law everywhere; [the prohibition of] ‘orlah [without palestine] is a halachah, and [that of] kil'ayim is from the words of the Scribes.13 What is meant by halachah? — Rab Judah said in Samuel's name: It is a law of the country.14 ‘Ulla said in R. Johanan s name: It is a halachah of Moses from Sinai.15 Said ‘Ulla to Rab Judah: On my view that it is a halachah of Moses from Sinai,16 it is well; therefore we distinguish between doubtful ‘orlah and doubtful kil'ayim. For we learnt: Doubtful ‘orlah17 is forbidden in the Land, permitted in Syria,18 whilst outside the Land one may enter [a Genthe's field] and make a purchase,19 providing, however, that he does not see him [the Gentile] gather [‘orlah].20 Whereas in respect to kil'ayim we learnt: If a vineyard is planted with vegetables,21 and vegetables are sold outside it:22 in the Land they are forbidden; in Syria, permitted; in the Diaspora he [the Gentile owner of the vineyard] may enter and gather them,23 providing, however, that he [the Jew] does not personally24 gather [them]25 But on your view, the Gemara below. the wilderness, when they had no land, and therefore debt release was inoperative too, though it is a personal obligation. David's conquest (technically called the conquest of an individual) conferred the full sanctity of Palestine upon it. This Tanna holds that it did not; consequently the law of ‘orlah is not so stringent there, and so doubtful ‘orlah is permitted. Yet one may not procure it in the first place, since Syria is not absolutely distinct from Palestine in sanctity.