The Torah commands in Parashat Shoftim (Debarim 18:1) that the tribe of Levi must not be given a portion of the agricultural lands in the Land of Israel, or of spoils of war taken by the soldiers of Beneh Yisrael. The verse states that the Leviyim may not receive a “Helek” (“portion”) or “Nahala” (“estate”) with the rest of Beneh Yisrael, and the oral tradition explains that these terms refer to a share in agricultural lands (“Nahala”) and a share in spoils of war (“Helek”). The Sefer Ha’hinuch lists these prohibitions as the 504th and 505th commands in the Torah.
Explaining the prohibition against the Leviyim receiving agricultural lands, the Sefer Ha’hinuch writes that the Leviyim are denied a portion of land so they can fully devote their time and attention to the service of Hashem. The Leviyim are to remain free from the burdens of tilling the land to earn a livelihood, and so they are supported by the other tribes, allowing them to involve themselves in sacred, sublime pursuits – learning and teaching Torah, and serving in the Bet Ha’mikdash.
This Misva applies specifically to the Leviyim, and only when the Jewish People reside in the Land of Israel.
The Rambam, in Hilchot Shemita (chapter 13), writes that this command is limited to the territory that Hashem promised to Abraham, Yishak and Yaakob. If a king expands the territory of Eretz Yisrael beyond its original borders, then this prohibition would not apply to the expanded area, and the Leviyim may receive a portion of agricultural land in that additional territory. The Rambam adds, however, that this command is applicable to the lands of the Keni, Kenizi and Kadmoni tribes, whose territory Beneh Yisrael never seized. In the Messianic Era, these areas will be annexed and made part of Eretz Yisrael, and when that happens, the Rambam writes, it will be forbidden for the Leviyim to receive agricultural land in these regions.
The Rambam adds that the concept underlying this Misva is relevant for all times, even nowadays. If a person decides to relieve himself of the burden of pursuing a livelihood, in order to fully devote himself to the genuine service of Hashem, then he becomes “Kodesh Kodashim” – “the holiest of the holy,” and should be encouraged and assisted. The rest of the nation should provide him with a livelihood to enable him to pursue his lofty spiritual ambitions, and study and teach Torah. The notion of the community supporting Rabbis and Torah scholars is not a modern-day idea; it is as old as the Torah itself.
As for the prohibition against Leviyim receiving spoils of war, the Sefer Ha’hinuch writes that as they are G-d’s servants, it would be inappropriate for them to receive and benefit from such property. Although this property was not stolen, and was legitimately seized during warfare, nevertheless, it is unbecoming for the people of Levi to benefit from people’s unwanted loss of their possessions. Due to the Leviyim’s special spiritual stature, they should receive only property given to them in a peaceful manner, and not property which was taken during warfare, causing anguish to the owners, even if this war was fought rightfully and the spoils were taken lawfully.
The Sefer Ha’hinuch writes that this command applies during the times of the Bet Ha’mikdash, and is, of course, binding specifically upon the tribe of Levi. He adds that a Levi who takes the spoils of war transgresses this command, but is not liable to Malkut. For one thing, this transgression falls under the category of “Lav Ha’nitan Le’hishabon” – a violation which can be rectified through the payment of money, for which one is not liable to Malkut. The Levi can simply return the spoils that he unlawfully seized, and so he is not liable to Malkut. Secondly, it is possible to violate this prohibition without performing an action – if somebody places spoils of war in a Levi’s property, and the Levi has the intention to acquire them. In such a case, he violates the prohibition because he received spoils of war, but he did not perform an action. The Sefer Ha’hinuch maintains that if a Biblical prohibition can be violated without an action, then one is not liable to Malkut even if he transgresses that prohibition by performing an action. For this reason, too, a Levi who seizes spoils of war in violation of this command is not liable to Malkut.