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Kollel Iyun Hadaf, Jerusalem

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Avodah Zarah 21



(a) Rebbi Meir in our Mishnah forbids renting to Nochrim a house in Eretz Yisrael - a decree on account of selling it to him, which is Asur min ha'Torah (because of "Lo Sechanem", as we discussed earlier).

(b) And one may certainly not rent him a field (as we will see shortly).

(c) The equivalent Din ...

1. ... in Syria will be - a field no, but a house, yes.
2. ... in Chutz la'Aretz - everything is permitted, except for selling him a field.
(d) Rebbi Yossi permits renting him a house in Eretz Yisrael, and in Chutz la'Aretz even selling him a field. With regards to Syria - he permits even selling him a house, but only renting him a field.
(a) The Tana qualifies renting a house to a Nochri, even where it is permitted - by confining it to non-residential use.

(b) We learn from the Pasuk "ve'Lo Savi So'eivah el Beisecha" - the current prohibition, because we are now afraid that, should he take up residence there, he will bring Avodah-Zarah into a Jewish home (and the owner will have contravened this Isur).

(c) Renting a Nochri a bathhouse is never permitted - because it always carries the name of the owner, and people who see it being heated up on Shabbos, will suspect that it is a Sheli'ach of the owner who is doing it on his behalf.

(a) The Isur that both selling a Nochri a house and selling him a field share is - Chanayas Karka (a branch of "Lo Sechanem" [as we learned above]).

(b) The additional Isur that pertains to selling him a field is - that of depriving the field of Ma'asros being taken from it.

(c) Rav Mesharshaya explains that by the same token, a house does not also have the additional Isur of depriving it of the Mitzvah of Mezuzah - because, unlike a field which is intrinsically Chayav to be Ma'asered (irrespective of who lives there [see Tosfos DH 'Ha'), a house which is inhabited by Nochrim, is Patur from Mezuzah.

(d) We know that - from the Pasuk "u'Chesavtam al Mezuzos *Beisecha*", which Chazal Darshen as 'Derech Bi'ascha' (the way you enter the house).

(a) Rebbi Meir forbids selling a house to a Nochri in Syria on account of the prohibition of doing so in Eretz Yisrael. He does not also forbid renting it to him for the same reason - because it would be a 'Gezeirah li'Gezeirah' (1. Syria, 2. renting), or so we initially think.

(b) The problem with this answer is the prohibition of renting him a field there - which is also a 'Gezeirah li'Gezeirah'.

(c) We therefore answer the original Kashya - by basing the basic Isur of selling fields and houses in Syria on the fact that David Hamelech captured it (and Rebbi Meir holds 'Kibush Yachid Sh'mei Kibush', thereby giving Syria the Kedushah of Eretz Yisrael). Consequently, the Tana decrees renting a Nochri a field, which constitutes two Isurim (as we explained), but not a house, which only constitutes one.

(d) And Rebbi Meir goes on to decree selling him a field in Chutz la'Aretz - for the same basic reason.

(a) Rebbi Yossi on the other hand, forbids renting a Nochri a field in Eretz Yisrael, but not a house - because, in his opinion, Chazal only decreed on a field, which constitutes two Isurim, but not on a house, which only constitutes one.

(b) In his opinion - 'Kibush Yachid Lo Sh'mei Kibush', which renders the basic Isur in Syria de'Rabbanan. Consequently, he decrees on the sale of a field (which constitutes two Isurim [precluding renting it him, which would constitute a 'Gezeirah li'Gezeirah']), but not of a house, on which Chazal did not decree (because it only constitutes one Isur).

(c) Rebbi Yossi confines the decree to Syria - because of its proximity to Eretz Yisrael, but not to Chutz la'Aretz, which is far.

(d) Rav Yehudah Amar Shmuel rules like - Rebbi Yossi.

(a) Rav Yosef qualifies the Heter of selling a house to a Nochri in Syria or in Chutz la'Aretz - by forbidding the formation of a Shechunah of Nochrim. A Shechunah comprises three houses.

(b) We are not afraid that, after selling a large property to a Nochri, he will go and re-sell it to two more Nochrim - because of the principle ('a'Lifnei Mefakdinan, a'Lifnei de'Lifnei Lo Mefakdinan'[that we already learned earlier]).

(c) We learned in our Mishnah 'Af be'Makom she'Amru Le'haskir, Lo le'Beis Dirah Amru ... '. The author of this S'tam Mishnah be Rebbi Meir - because of the implication that there are places where renting a house to a Nochri is forbidden (i.e. in Eretz Yisrael), whereas according to Rebbi Yossi, renting him a house is permitted everywhere.




(a) The author of our Mishnah forbidding renting one's bathhouse to a Nochri under any circumstances, is Raban Shimon ben Gamliel, who elaborates on the Mishnah in a Beraisa, and his reason (based on the fact that it is still called after the owner's name) is - because the Nochri will heat it on Shabbos and Yom-Tov.

(b) We infer from the fact that he mentions specifically ...

1. ... a Nochri - that one may rent it to a Kuti.
2. ... doing work on Shabbos and Yom-Tov - that one may rent it to him over Chol-ha'Mo'ed.
(c) The reason that we are not afraid that the Kuti will heat the water on Shabbos (like we are by a Nochri) is - because a Kuti (who is known to observe all Isurei d'Oraysa) will not work on Shabbos.
(a) We ask on this however, why it should not be forbidden to rent to a Kuti on Chol ha'Mo'ed - because Kutim only keep what is written expressly in the Torah, but not what is only learned from a D'rashah (such as Chol-ha'Mo'ed).

(b) And we answer - that seeing as the Melachah in question here is heating the water in the bathhouse, it would not matter even if he did, since that is permitted on Chol-ha'Mo'ed anyway.

(c) Renting a field to a Nochri in Chutz la'Aretz however, is permitted. We are not afraid that there too, people will suspect the owner of having hired Sheluchim to work for him (on Shabbos) - because they are more likely to assume the Nochri to be an Aris (a share-cropper [which common enough]), who is basically working for himself.

(d) They will not say that however, with regard to a bathhouse - because people do not tend to rent out their bathhouses on Arisus.

(a) Rebbi Shimon ben Elazar in another Beraisa forbids renting a field to a Kuti - because (based on the fact that the field remains on the name of the owner) he is afraid that the Kuti will work it on Chol ha'Mo'ed (and people will suspect the owner of having hired him to do so).

(b) This implies however, that one may rent it to a Nochri, not because people will assume him to be an Aris, who is working basically for himself - because then, it would be permitted to rent it to a Kuti too, but ...

(c) ... because if one stipulates with the Nochri that he is not to work the field on Shabbos, Yom-Tov and Chol-ha'Mo'ed, he will abide by it.

(d) We cannot say the same with regard to a Kuti however - because when it comes to Chol-ha'Mo'ed, he will disregard any condition, claiming that he knows better (that it is permitted).

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