Sefer HaChinuch ספר החינוך

To not change the open areas of the Levites: Not to change the open areas of the cities of the Levites and their fields — meaning to say, that a city may not be made into an open area, nor an open area into a city, a field into an open area, nor an open area into a field. And the law is the same about an open area (another textual variant: field) into a city and a city into an open area (another textual variant: field) — that one may not change anything about their content. And this matter is well-known, as the Torah commanded (Numbers 35:2-7) that the other tribes cede certain cities to the tribe of Levi; and these are forty-eight cities, with the six cities of refuge that were among them. And it also commanded that there be in these cities a thousand ells of open area — meaning a place open for space and beauty for the city; and two thousand ells beyond that for the sake of fields and vineyards, and this is also of the beauty of the city and from that which it needs, as it is explained in Sotah 27b. And this prevention comes about this, that these matters never be changed. And concerning this it states (Leviticus 25:34), “And the fields of open areas of their cities shall not be sold” — meaning, shall not be changed. As it is not speaking about actual selling, since it is explicitly written in Scripture (Leviticus 25:32), “a perpetual redemption shall there be for the Levites” — which implies that they are permitted to sell them.

It is from the roots of the commandment [that it is] because the cities of the Levites were prepared for the needs of all the other tribes; as it was the tribe that was selected for the service of God — and all of their efforts were about wisdom, as they were not preoccupied with the working of the land like the rest of the tribes of Israel. And about them is it stated (Deuteronomy 33:10), “They shall teach Your statutes to Yaakov and Your law to Israel.” And because of this — that wisdom was within them — the dealings of all of Israel were constantly with them; besides that there were among their cities, the cities of refuge for [those charged with manslaughter]. And from this also, the eyes of all of Israel were upon their cities, as a man cannot tell what [tomorrow will bring]. Hence it was appropriate that these cities — that the hand of all is equal with them and the heart of all is upon them — be of the utmost beauty and loveliness. And there is glory for all of Israel with this. And because of this, the command came about them, not to change any of their contents; for the Master of Wisdom established them, set them up and decided on their boundaries. And He saw that this was good, and [so] any reversal after His word is only detrimental and a disparagement.

From the laws of the commandment is that which, they, may their memory be blessed, said (Makkot 12a) [that] beyond these three thousand ells that we said above that is of open space, fields and vineyards, we give to each city a cemetery, as it is stated (Numbers 35:3), “and their open spaces shall be for their beasts and their property and all their animals (chayatam)” — and the explanation came about this, that it was was given for the living (chayim), and not for burial. And that which they also said (Arakhin 33b) [about] priests or Levites that sold one of their fields or a house even in a walled city, [it can] always be redeemed, even from the hand of what is consecrated, as it is stated (Leviticus 25:33), “a perpetual redemption shall there be for the Levites.” And [in the case of] an Israelite who inherits [property] from his mother’s father who was a Levite, behold he may redeem like the Levites. And the rest of its details are elucidated at the end of Arakhin.

And this commandment is practiced in the Land of Israel at the time when Israel is there — whether by Levites or by Israelites — by males and females, as all are obligated never to change the three places spoken about: the city; the open space; and the fields and vineyards. And it would seem that anyone who did change them with witnesses and a warning would be liable for lashes. But I did not know the measure of this change — how much it would be for him to be liable for it. Be wise, my son, and know it. And Rambam, may his memory be blessed, wrote concerning this commandment (Mishneh Torah, Laws of Sabbatical Year and the Jubilee 13:12), “Why did the Levites not merit [a portion] in the possession of the Land of Israel and in the spoils of war, with his brethren? Because they were set aside to serve God, may He be blessed, and minister unto Him and to instruct His just paths. And therefore they were set apart from the ways of the world: They do not wage war like the remainder of the Israelites, nor do they [receive an inheritance], nor do they acquire [things] for themselves through the power of their bodies. Instead, they are God’s legion — as it is stated (Deuteronomy 13:11), ‘May the Lord bless His legion’ — and He provides for them, as it is stated (Numbers 18:20), ‘I am your portion and your possession.’ And it is not only the tribe of Levi that is included in this, but each and every man that comes to the world whose spirit has moved him to be separated and to stand in front of God and to serve Him, to know His straight and righteous paths and to teach them to others — the yoke of the many calculations that people seek out is lifted from upon his neck. And behold, he is sanctified to become holy of holies, and God will be his possession for ever and ever. And he will acquire the thing that he needs in this world, just as the tribe of Levi acquired [it]. And so David states (Psalms 16:5), ‘The Lord is my appointed portion and my cup, You sustain my fate.’”