Arachim 29: Selling a Field - Halacha of Land Ownership

In this final Perek of Massekhet Arachin, the rabbis move from discussion about who sanctified his field in ha'Aretz to the general real estate sales.  These are not holy acts, of course, but the rabbis explore the differences and similarities with sacred sales.  The Torah tells us that one who sells an ancestral field should redeem it from the purchaser.  It will be returned to the original owner after the 50 year Jubilee cycle.  All purchases of land are viewed as short term sales.  Purchasing land involves subtracting eh years that the field was in the hand of the purchaser and paying the owner the remainder of the price of the field.

A Mishna teaches us that the seller must give the field to the purchaser for at least two years before he can redeem it. In the Sefer HaChinnuch, we learn that the Torah wanted to discourage the original over from selling an ancestral field too easily.  A field can be sold on any day if it will be easy to get it back.  Gifting the field would result I a return of the field at any time.

The Ramban rules that once the two years are op, the original owner can force the purchaser to sell the field, even if he does not want to do so.  Relatives are allowed to redeem it on his behlalf, as well.