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Avodah Zarah 21

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Summary

Can one sell or rent property to non-Jews in Israel, Syria, or outside of Israel entirely? What are the issues involved? What is at the root of this prohibition? How is it that people sell property anyway? What explanations did later authorities provide to explain this? Is it applicable to all non-Jews, or only to the seven nations, or only to idol worshippers?

An additional issue is raised with renting a field or bathhouse to a non-Jew who will use it on Shabbat. In what situations is it permitted, and in what situations is it forbidden? What is the difference between a non-Jew and a Cuti (Samaritan)?

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Avodah Zarah 21

מַשְׂכִּירִין לָהֶם בָּתִּים אֲבָל לֹא שָׂדוֹת, וּבְחוּצָה לָאָרֶץ מוֹכְרִין לָהֶם בָּתִּים וּמַשְׂכִּירִין שָׂדוֹת, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יוֹסֵי אוֹמֵר: בְּאֶרֶץ יִשְׂרָאֵל מַשְׂכִּירִין לָהֶם בָּתִּים אֲבָל לֹא שָׂדוֹת, וּבְסוּרְיָא מוֹכְרִין בָּתִּים וּמַשְׂכִּירִין שָׂדוֹת, וּבְחוּצָה לָאָרֶץ מוֹכְרִין אֵלּוּ וָאֵלּוּ.

one may rent houses to gentiles, but one may not rent fields. And outside of Eretz Yisrael one may sell houses and rent fields to gentiles; this is the statement of Rabbi Meir. Rabbi Yosei says: In Eretz Yisrael one may rent houses to gentiles but one may not rent fields. And in Syria one may sell houses to them and rent fields, and outside of Eretz Yisrael one may sell both these, houses, and those, fields.

אַף בְּמָקוֹם שֶׁאָמְרוּ לְהַשְׂכִּיר, לֹא לְבֵית דִּירָה אָמְרוּ, מִפְּנֵי שֶׁהוּא מַכְנִיס לְתוֹכוֹ עֲבוֹדָה זָרָה, שֶׁנֶּאֱמַר: ״לֹא תָבִיא תוֹעֵבָה אֶל בֵּיתֶךָ״, וּבְכׇל מָקוֹם לֹא יַשְׂכִּיר לוֹ אֶת הַמֶּרְחָץ, מִפְּנֵי שֶׁהוּא נִקְרָא עַל שְׁמוֹ.

Even in a place with regard to which the Sages said that it is permitted for a Jew to rent a house to a gentile, they did not say that one may rent it for use as a residence, because the gentile will bring objects of idol worship into it, as it is stated: “You shall not bring an abomination into your house” (Deuteronomy 7:26), and this is still considered the house of a Jew. And for the same reason, in every place, one may not rent a bathhouse to a gentile, since it is called by the name of the owner, and onlookers will think that the Jew is operating it on Shabbat.

גְּמָ׳ מַאי ״אֵין צָרִיךְ לוֹמַר שָׂדוֹת״? אִילֵּימָא מִשּׁוּם דְּאִית בַּהּ תַּרְתֵּי: חֲדָא, חֲנָיַית קַרְקַע; וַחֲדָא, דְּקָא מַפְקַע לַהּ מִמַּעֲשֵׂר.

GEMARA: What is the meaning of the mishna’s statement: Needless to say one may not allow gentiles to rent fields? Why is the halakha with regard to fields more obvious than the halakha of houses? If we say that it is because allowing a gentile to rent a field entails two problems, one of which is aiding gentiles in encamping in the land, and the other one is that doing so releases the land from the mitzva of separating tithe, this cannot be correct.

אִי הָכִי, בָּתִּים נָמֵי אִיכָּא תַּרְתֵּי: חֲדָא, חֲנָיַית קַרְקַע; וַחֲדָא, דְּקָא מַפְקַע לַהּ מִמְּזוּזָה! אָמַר רַב מְשַׁרְשְׁיָא: מְזוּזָה חוֹבַת הַדָּר הוּא.

The Gemara explains why that cannot be the reason: If that is so, the same can be said about the prohibition against renting houses, as it also involves two problems: One is aiding gentiles in encamping in the land, and the other one is that it releases the house from the mitzva of mezuza. Rav Mesharshiyya says in response: Affixing a mezuza is the obligation of the resident, rather than an obligation that applies to the house. Therefore, if no Jew lives in a house, it is not subject to the mitzva of mezuza. This means that by renting a house to a gentile one is not removing the right to perform the mitzva from the house.

בְּסוּרְיָא מַשְׂכִּירִין בָּתִּים כּוּ׳. מַאי שְׁנָא מְכִירָה דְּלָא? מִשּׁוּם מְכִירָה דְּאֶרֶץ יִשְׂרָאֵל. אִי הָכִי, מִשְּׂכִירוּת נָמֵי נִגְזוֹר! הִיא גּוּפַהּ גְּזֵרָה, וַאֲנַן נֵיקוּם וְנִיגְזוֹר גְּזֵרָה לִגְזֵרָה?

The mishna teaches: In Syria one may rent houses but not fields to gentiles. The Gemara asks: What is different about selling houses that it is not permitted to sell houses in Syria? The Gemara answers that it is prohibited due to a concern that this will ultimately result in the selling of houses in Eretz Yisrael. The Gemara challenges: If that is so, let us also issue a decree prohibiting renting houses to gentiles in Syria, lest it lead to renting to gentiles in Eretz Yisrael. The Gemara explains: The prohibition against renting houses to gentiles in Eretz Yisrael is itself a rabbinic decree lest one come to sell the houses, and shall we arise and issue one decree to prevent the violation of another decree?

וְהָא שְׂכִירוּת שָׂדֶה דִּבְסוּרְיָא, דִּגְזֵרָה לִגְזֵרָה הִיא, וְקָא גָזְרִינַן! הָתָם לָאו גְּזֵרָה הוּא, קָסָבַר: כִּיבּוּשׁ יָחִיד שְׁמֵיהּ כִּיבּוּשׁ.

The Gemara challenges: But the prohibition against renting a field that is in Syria is also a decree whose purpose is to prevent the violation of another decree, as the prohibition against allowing a gentile to rent one’s field in Eretz Yisrael is a rabbinic decree, and yet we still issue the decree. The Gemara explains: According to Rabbi Meir, there, with regard to selling houses and fields in Syria to gentiles, the prohibition is not merely a decree intended to prevent the violation of the decree with regard to Eretz Yisrael. Rather, Rabbi Meir holds that the conquest of an individual is called a conquest. Once Syria was conquered by King David, who is considered an individual in this regard, the sanctity of Eretz Yisrael applied to it.

שָׂדֶה דְּאִית בֵּיהּ תַּרְתֵּי — גְּזַרוּ בֵּיהּ רַבָּנַן, בָּתִּים דְּלֵית בְּהוּ תַּרְתֵּי — לָא גְּזַרוּ בְּהוּ רַבָּנַן.

Therefore, concerning a field, which has two problems, as one releases the land from the mitzva of separating tithes and aids gentiles in acquiring land in Eretz Yisrael, the Sages issued a decree as a preventative measure, prohibiting the renting of fields just as in Eretz Yisrael. But concerning houses, which do not have two problems, the Sages did not issue such a decree.

בְּחוּצָה לָאָרֶץ וְכוּ׳. שָׂדֶה דְּאִית בֵּיהּ תַּרְתֵּי — גְּזַרוּ בְּהוּ רַבָּנַן, בָּתִּים דְּלֵית בְּהוּ תַּרְתֵּי — לָא גְּזַרוּ בְּהוּ רַבָּנַן.

The mishna teaches that according to Rabbi Meir, outside of Eretz Yisrael one may sell houses and rent fields, but one may not sell fields to gentiles. The Gemara explains: Concerning a field, which has two problems when it is in Eretz Yisrael, the Sages issued a decree preventing its sale even outside of Eretz Yisrael. Concerning houses, which do not have two problems, the Sages did not issue a decree prohibiting their sale.

רַבִּי יוֹסֵי אוֹמֵר: בְּאֶרֶץ יִשְׂרָאֵל מַשְׂכִּירִין לָהֶם בָּתִּים וְכוּ׳. מַאי טַעְמָא? שָׂדוֹת דְּאִית בְּהוּ תַּרְתֵּי — גְּזַרוּ בְּהוּ רַבָּנַן, בָּתִּים דְּלֵית בְּהוּ תַּרְתֵּי — לָא גְּזַרוּ בְּהוּ רַבָּנַן.

The mishna further teaches that Rabbi Yosei says: In Eretz Yisrael one may rent houses but not fields to gentiles. The Gemara explains: What is the reason that one may rent houses but not fields? Concerning fields, which have two problems, the Sages issued a decree as a preventive measure prohibiting the renting of fields in Eretz Yisrael. But concerning houses, which do not have two problems, the Sages did not issue a decree prohibiting renting houses to gentiles.

וּבְסוּרְיָא מוֹכְרִין וְכוּ׳. מַאי טַעְמָא? קָסָבַר: כִּיבּוּשׁ יָחִיד לָא שְׁמֵיהּ כִּיבּוּשׁ, וְשָׂדֶה דְּאִית בַּהּ תַּרְתֵּי — גְּזַרוּ בַּהּ רַבָּנַן, בָּתִּים דְּלֵית בְּהוּ תַּרְתֵּי — לָא גְּזַרוּ בְּהוּ רַבָּנַן.

The mishna teaches that Rabbi Yosei rules: And in Syria one may sell houses and rent fields to gentiles, but one may not sell fields. The Gemara asks: What is the reason that one may sell houses but not fields? The Gemara answers: Rabbi Yosei holds that the conquest of an individual is not called a conquest, and therefore there is no prohibition by Torah law against selling houses in Syria. And concerning a field, which has two problems, the Sages issued a decree as a preventive measure prohibiting the sale of fields in Syria. Concerning houses, which do not have two problems, the Sages did not issue a decree prohibiting their sale.

וּבְחוּצָה לָאָרֶץ מוֹכְרִין וְכוּ׳. מַאי טַעְמָא? כֵּיוָן דִּמְרַחַק, לָא גָּזְרִינַן.

The mishna continues: And outside of Eretz Yisrael one may sell houses and fields. The Gemara asks: What is the reason for this? The Gemara answers: Since this land is at a distance from Eretz Yisrael, the Sages do not issue a decree, unlike Syria, which is near Eretz Yisrael.

אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: הֲלָכָה כְּרַבִּי יוֹסֵי. אָמַר רַב יוֹסֵף: וּבִלְבַד שֶׁלֹּא יַעֲשֶׂנָּה שְׁכוּנָה. וְכַמָּה שְׁכוּנָה? תָּנָא: אֵין שְׁכוּנָה פְּחוּתָה מִשְּׁלֹשָׁה בְּנֵי אָדָם.

In conclusion, Rav Yehuda says that Shmuel says: The halakha is in accordance with the opinion of Rabbi Yosei, that it is permitted to sell houses outside of Eretz Yisrael to gentiles. Rav Yosef says: And this is the halakha provided that one does not make it into a gentile settlement. And how many people constitute a settlement? The Sage taught: There is no settlement that consists of fewer than three people.

וְלֵחוּשׁ דִּלְמָא אָזֵיל הַאי יִשְׂרָאֵל וּמְזַבֵּין לְחַד גּוֹי, וְאָזֵיל הַאיְךְ וּמְזַבֵּין לַהּ לִתְרֵי! אָמַר אַבָּיֵי: אַ״לִּפְנֵי״ מִפַּקְּדִינַן, אַ״לִּפְנֵי״ דְּ״לִפְנֵי״ לָא מִפַּקְּדִינַן.

The Gemara challenges: But let us be concerned that perhaps this Jew will go and sell to one gentile, and the other owners of the adjacent houses will go and sell to two other gentiles, resulting in a gentile settlement. Abaye said: We are commanded about placing a stumbling block before the blind (see Leviticus 19:14), but we are not commanded about placing a stumbling block before someone who may place it before the blind. In other words, this prohibition applies only when one causes another to sin by his direct action, not in a situation such as this, where the prohibition is two stages removed from the Jew’s action.

אַף בְּמָקוֹם שֶׁאָמְרוּ לְהַשְׂכִּיר. מִכְּלָל דְּאִיכָּא דּוּכְתָּא דְּלָא מוֹגְרִי.

§ The mishna teaches that even in a place with regard to which the Sages said that it is permitted for a Jew to rent a house to a gentile, they did not say that one may rent it for use as a residence. The Gemara points out: By inference, this means that there is a place where one may not rent any house to a gentile.

וּסְתָמָא כְּרַבִּי מֵאִיר, דְּאִי רַבִּי יוֹסֵי, בְּכׇל דּוּכְתָּא מוֹגְרִי.

And this unattributed opinion in the mishna is in accordance with the opinion of Rabbi Meir. As, if you say that this ruling is in accordance with the opinion of Rabbi Yosei, that cannot be, since he holds that in every place one may rent a house to a gentile, including Eretz Yisrael.

וּבְכׇל מָקוֹם לֹא יִשְׂכּוֹר וְכוּ׳. תַּנְיָא: רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: לֹא יִשְׂכּוֹר אָדָם מֶרְחָצוֹ לְגוֹי, מִפְּנֵי שֶׁנִּקְרָא עַל שְׁמוֹ, וְגוֹי זֶה עוֹשֶׂה בּוֹ מְלָאכָה בְּשַׁבָּתוֹת וּבְיָמִים טוֹבִים.

§ The mishna teaches: And in every place, one may not rent a bathhouse to a gentile, as it is called by the name of the owner. The Gemara notes that it is taught in a baraita that Rabban Shimon ben Gamliel says: A person may not rent his bathhouse to a gentile, because it is called by the name of the owner, and this gentile uses it for performing prohibited labor on Shabbatot and on Festivals.

אֲבָל לְכוּתִי, מַאי? שְׁרֵי. כּוּתִי אֵימַר עָבֵיד בֵּיהּ מְלָאכָה בְּחוּלּוֹ שֶׁל מוֹעֵד! בְּחוּלּוֹ שֶׁל מוֹעֵד אֲנַן נָמֵי עָבְדִינַן.

The Gemara asks: It is prohibited to rent one’s bathhouse to a gentile, but with regard to a Samaritan, what is the halakha? It can be inferred from the lack of mention of a Samaritan that it is permitted. The Gemara asks: Why not say that a Samaritan will perform work in the bathhouse during the intermediate days of a Festival? The Gemara answers: During the intermediate days of a Festival we too perform work and heat bathhouses.

אֲבָל שָׂדֵהוּ לְגוֹי, מַאי? שְׁרֵי. מַאי טַעְמָא? אֲרִיסָא אֲרִיסוּתֵיהּ קָעָבֵיד. מֶרְחָץ נָמֵי אָמְרִי: אֲרִיסָא אֲרִיסוּתֵיהּ קָעָבֵיד? אֲרִיסָא דְּמֶרְחָץ לָא עָבְדִי אַנְשֵׁי.

The Gemara further infers: It is prohibited to rent one’s bathhouse to a gentile; but with regard to renting one’s field to a gentile, what is the halakha? Evidently, it is permitted. What is the reason for this? People know that a gentile sharecropper works for his tenancy, not for the Jewish owner. The Gemara asks: But if so, in the case of a bathhouse as well, why not say that the gentile sharecropper works for his tenancy, and therefore a Jew should be permitted to rent them to gentiles. The Gemara answers: People do not usually make this type of arrangement whereby a second party works as a sharecropper of a bathhouse. Consequently, it will be assumed that the gentile is a hired worker who is working for the Jew.

תַּנְיָא, רַבִּי שִׁמְעוֹן בֶּן אֶלְעָזָר אוֹמֵר: לֹא יַשְׂכִּיר אָדָם שָׂדֵהוּ לְכוּתִי, מִפְּנֵי שֶׁנִּקְרֵאת עַל שְׁמוֹ, וְכוּתִי זֶה עוֹשֶׂה בּוֹ מְלָאכָה בְּחוּלּוֹ שֶׁל מוֹעֵד. אֲבָל גּוֹי מַאי? שְׁרֵי, דְּאָמְרִי: אֲרִיסָא אֲרִיסוּתֵיהּ עָבֵיד. אִי הָכִי, כּוּתִי נָמֵי אָמְרִי: אֲרִיסָא אֲרִיסוּתֵיהּ עָבֵיד!

The Gemara cites a similar discussion. It is taught in a baraita that Rabbi Shimon ben Elazar says: A person may not rent his field to a Samaritan, since it is called by the name of the owner and this Samaritan will perform work in it during the intermediate days of a Festival. The Gemara infers: It is prohibited to rent one’s field to a Samaritan, but with regard to a gentile, what is the halakha? Evidently, it is permitted, as we say that the gentile sharecropper works for his tenancy and not for the Jewish owner. The Gemara asks: If that is so, in the case of a Samaritan as well, why not say that the sharecropper works for his tenancy?

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I start learning Daf Yomi in January 2020. The daily learning with Rabbanit Michelle has kept me grounded in this very uncertain time. Despite everything going on – the Pandemic, my personal life, climate change, war, etc… I know I can count on Hadran’s podcast to bring a smile to my face.
Deb Engel
Deb Engel

Los Angeles, United States

I graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Sigal Spitzer Flamholz

Bronx, United States

In my Shana bet at Migdal Oz I attended the Hadran siyum hash”as. Witnessing so many women so passionate about their Torah learning and connection to God, I knew I had to begin with the coming cycle. My wedding (June 24) was two weeks before the siyum of mesechet yoma so I went a little ahead and was able to make a speech and siyum at my kiseh kallah on my wedding day!

Sharona Guggenheim Plumb
Sharona Guggenheim Plumb

Givat Shmuel, Israel

Since I started in January of 2020, Daf Yomi has changed my life. It connects me to Jews all over the world, especially learned women. It makes cooking, gardening, and folding laundry into acts of Torah study. Daf Yomi enables me to participate in a conversation with and about our heritage that has been going on for more than 2000 years.

Shira Eliaser
Shira Eliaser

Skokie, IL, United States

I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Sarene Shanus
Sarene Shanus

Mamaroneck, NY, United States

I began learning with Rabbanit Michelle’s wonderful Talmud Skills class on Pesachim, which really enriched my Pesach seder, and I have been learning Daf Yomi off and on over the past year. Because I’m relatively new at this, there is a “chiddush” for me every time I learn, and the knowledge and insights of the group members add so much to my experience. I feel very lucky to be a part of this.

Julie-Landau-Photo
Julie Landau

Karmiel, Israel

After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!

Stacey Goodstein Ashtamker
Stacey Goodstein Ashtamker

Modi’in, Israel

See video

Susan Fisher
Susan Fisher

Raanana, Israel

Years ago, I attended the local Siyum HaShas with my high school class. It was inspiring! Through that cycle and the next one, I studied masekhtot on my own and then did “daf yomi practice.” The amazing Hadran Siyum HaShas event firmed my resolve to “really do” Daf Yomi this time. It has become a family goal. We’ve supported each other through challenges, and now we’re at the Siyum of Seder Moed!

Elisheva Brauner
Elisheva Brauner

Jerusalem, Israel

My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others.  Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life.  Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.

Rina Goldberg
Rina Goldberg

Englewood NJ, United States

I started last year after completing the Pesach Sugiyot class. Masechet Yoma might seem like a difficult set of topics, but for me made Yom Kippur and the Beit HaMikdash come alive. Liturgy I’d always had trouble connecting with took on new meaning as I gained a sense of real people moving through specific spaces in particular ways. It was the perfect introduction; I am so grateful for Hadran!

Debbie Engelen-Eigles
Debbie Engelen-Eigles

Minnesota, United States

I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.

Jodi Gladstone
Jodi Gladstone

Warwick, Rhode Island, United States

Jill Shames
Jill Shames

Jerusalem, Israel

Avodah Zarah 21

מַשְׂכִּירִין לָהֶם בָּתִּים אֲבָל לֹא שָׂדוֹת, וּבְחוּצָה לָאָרֶץ מוֹכְרִין לָהֶם בָּתִּים וּמַשְׂכִּירִין שָׂדוֹת, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יוֹסֵי אוֹמֵר: בְּאֶרֶץ יִשְׂרָאֵל מַשְׂכִּירִין לָהֶם בָּתִּים אֲבָל לֹא שָׂדוֹת, וּבְסוּרְיָא מוֹכְרִין בָּתִּים וּמַשְׂכִּירִין שָׂדוֹת, וּבְחוּצָה לָאָרֶץ מוֹכְרִין אֵלּוּ וָאֵלּוּ.

one may rent houses to gentiles, but one may not rent fields. And outside of Eretz Yisrael one may sell houses and rent fields to gentiles; this is the statement of Rabbi Meir. Rabbi Yosei says: In Eretz Yisrael one may rent houses to gentiles but one may not rent fields. And in Syria one may sell houses to them and rent fields, and outside of Eretz Yisrael one may sell both these, houses, and those, fields.

אַף בְּמָקוֹם שֶׁאָמְרוּ לְהַשְׂכִּיר, לֹא לְבֵית דִּירָה אָמְרוּ, מִפְּנֵי שֶׁהוּא מַכְנִיס לְתוֹכוֹ עֲבוֹדָה זָרָה, שֶׁנֶּאֱמַר: ״לֹא תָבִיא תוֹעֵבָה אֶל בֵּיתֶךָ״, וּבְכׇל מָקוֹם לֹא יַשְׂכִּיר לוֹ אֶת הַמֶּרְחָץ, מִפְּנֵי שֶׁהוּא נִקְרָא עַל שְׁמוֹ.

Even in a place with regard to which the Sages said that it is permitted for a Jew to rent a house to a gentile, they did not say that one may rent it for use as a residence, because the gentile will bring objects of idol worship into it, as it is stated: “You shall not bring an abomination into your house” (Deuteronomy 7:26), and this is still considered the house of a Jew. And for the same reason, in every place, one may not rent a bathhouse to a gentile, since it is called by the name of the owner, and onlookers will think that the Jew is operating it on Shabbat.

גְּמָ׳ מַאי ״אֵין צָרִיךְ לוֹמַר שָׂדוֹת״? אִילֵּימָא מִשּׁוּם דְּאִית בַּהּ תַּרְתֵּי: חֲדָא, חֲנָיַית קַרְקַע; וַחֲדָא, דְּקָא מַפְקַע לַהּ מִמַּעֲשֵׂר.

GEMARA: What is the meaning of the mishna’s statement: Needless to say one may not allow gentiles to rent fields? Why is the halakha with regard to fields more obvious than the halakha of houses? If we say that it is because allowing a gentile to rent a field entails two problems, one of which is aiding gentiles in encamping in the land, and the other one is that doing so releases the land from the mitzva of separating tithe, this cannot be correct.

אִי הָכִי, בָּתִּים נָמֵי אִיכָּא תַּרְתֵּי: חֲדָא, חֲנָיַית קַרְקַע; וַחֲדָא, דְּקָא מַפְקַע לַהּ מִמְּזוּזָה! אָמַר רַב מְשַׁרְשְׁיָא: מְזוּזָה חוֹבַת הַדָּר הוּא.

The Gemara explains why that cannot be the reason: If that is so, the same can be said about the prohibition against renting houses, as it also involves two problems: One is aiding gentiles in encamping in the land, and the other one is that it releases the house from the mitzva of mezuza. Rav Mesharshiyya says in response: Affixing a mezuza is the obligation of the resident, rather than an obligation that applies to the house. Therefore, if no Jew lives in a house, it is not subject to the mitzva of mezuza. This means that by renting a house to a gentile one is not removing the right to perform the mitzva from the house.

בְּסוּרְיָא מַשְׂכִּירִין בָּתִּים כּוּ׳. מַאי שְׁנָא מְכִירָה דְּלָא? מִשּׁוּם מְכִירָה דְּאֶרֶץ יִשְׂרָאֵל. אִי הָכִי, מִשְּׂכִירוּת נָמֵי נִגְזוֹר! הִיא גּוּפַהּ גְּזֵרָה, וַאֲנַן נֵיקוּם וְנִיגְזוֹר גְּזֵרָה לִגְזֵרָה?

The mishna teaches: In Syria one may rent houses but not fields to gentiles. The Gemara asks: What is different about selling houses that it is not permitted to sell houses in Syria? The Gemara answers that it is prohibited due to a concern that this will ultimately result in the selling of houses in Eretz Yisrael. The Gemara challenges: If that is so, let us also issue a decree prohibiting renting houses to gentiles in Syria, lest it lead to renting to gentiles in Eretz Yisrael. The Gemara explains: The prohibition against renting houses to gentiles in Eretz Yisrael is itself a rabbinic decree lest one come to sell the houses, and shall we arise and issue one decree to prevent the violation of another decree?

וְהָא שְׂכִירוּת שָׂדֶה דִּבְסוּרְיָא, דִּגְזֵרָה לִגְזֵרָה הִיא, וְקָא גָזְרִינַן! הָתָם לָאו גְּזֵרָה הוּא, קָסָבַר: כִּיבּוּשׁ יָחִיד שְׁמֵיהּ כִּיבּוּשׁ.

The Gemara challenges: But the prohibition against renting a field that is in Syria is also a decree whose purpose is to prevent the violation of another decree, as the prohibition against allowing a gentile to rent one’s field in Eretz Yisrael is a rabbinic decree, and yet we still issue the decree. The Gemara explains: According to Rabbi Meir, there, with regard to selling houses and fields in Syria to gentiles, the prohibition is not merely a decree intended to prevent the violation of the decree with regard to Eretz Yisrael. Rather, Rabbi Meir holds that the conquest of an individual is called a conquest. Once Syria was conquered by King David, who is considered an individual in this regard, the sanctity of Eretz Yisrael applied to it.

שָׂדֶה דְּאִית בֵּיהּ תַּרְתֵּי — גְּזַרוּ בֵּיהּ רַבָּנַן, בָּתִּים דְּלֵית בְּהוּ תַּרְתֵּי — לָא גְּזַרוּ בְּהוּ רַבָּנַן.

Therefore, concerning a field, which has two problems, as one releases the land from the mitzva of separating tithes and aids gentiles in acquiring land in Eretz Yisrael, the Sages issued a decree as a preventative measure, prohibiting the renting of fields just as in Eretz Yisrael. But concerning houses, which do not have two problems, the Sages did not issue such a decree.

בְּחוּצָה לָאָרֶץ וְכוּ׳. שָׂדֶה דְּאִית בֵּיהּ תַּרְתֵּי — גְּזַרוּ בְּהוּ רַבָּנַן, בָּתִּים דְּלֵית בְּהוּ תַּרְתֵּי — לָא גְּזַרוּ בְּהוּ רַבָּנַן.

The mishna teaches that according to Rabbi Meir, outside of Eretz Yisrael one may sell houses and rent fields, but one may not sell fields to gentiles. The Gemara explains: Concerning a field, which has two problems when it is in Eretz Yisrael, the Sages issued a decree preventing its sale even outside of Eretz Yisrael. Concerning houses, which do not have two problems, the Sages did not issue a decree prohibiting their sale.

רַבִּי יוֹסֵי אוֹמֵר: בְּאֶרֶץ יִשְׂרָאֵל מַשְׂכִּירִין לָהֶם בָּתִּים וְכוּ׳. מַאי טַעְמָא? שָׂדוֹת דְּאִית בְּהוּ תַּרְתֵּי — גְּזַרוּ בְּהוּ רַבָּנַן, בָּתִּים דְּלֵית בְּהוּ תַּרְתֵּי — לָא גְּזַרוּ בְּהוּ רַבָּנַן.

The mishna further teaches that Rabbi Yosei says: In Eretz Yisrael one may rent houses but not fields to gentiles. The Gemara explains: What is the reason that one may rent houses but not fields? Concerning fields, which have two problems, the Sages issued a decree as a preventive measure prohibiting the renting of fields in Eretz Yisrael. But concerning houses, which do not have two problems, the Sages did not issue a decree prohibiting renting houses to gentiles.

וּבְסוּרְיָא מוֹכְרִין וְכוּ׳. מַאי טַעְמָא? קָסָבַר: כִּיבּוּשׁ יָחִיד לָא שְׁמֵיהּ כִּיבּוּשׁ, וְשָׂדֶה דְּאִית בַּהּ תַּרְתֵּי — גְּזַרוּ בַּהּ רַבָּנַן, בָּתִּים דְּלֵית בְּהוּ תַּרְתֵּי — לָא גְּזַרוּ בְּהוּ רַבָּנַן.

The mishna teaches that Rabbi Yosei rules: And in Syria one may sell houses and rent fields to gentiles, but one may not sell fields. The Gemara asks: What is the reason that one may sell houses but not fields? The Gemara answers: Rabbi Yosei holds that the conquest of an individual is not called a conquest, and therefore there is no prohibition by Torah law against selling houses in Syria. And concerning a field, which has two problems, the Sages issued a decree as a preventive measure prohibiting the sale of fields in Syria. Concerning houses, which do not have two problems, the Sages did not issue a decree prohibiting their sale.

וּבְחוּצָה לָאָרֶץ מוֹכְרִין וְכוּ׳. מַאי טַעְמָא? כֵּיוָן דִּמְרַחַק, לָא גָּזְרִינַן.

The mishna continues: And outside of Eretz Yisrael one may sell houses and fields. The Gemara asks: What is the reason for this? The Gemara answers: Since this land is at a distance from Eretz Yisrael, the Sages do not issue a decree, unlike Syria, which is near Eretz Yisrael.

אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: הֲלָכָה כְּרַבִּי יוֹסֵי. אָמַר רַב יוֹסֵף: וּבִלְבַד שֶׁלֹּא יַעֲשֶׂנָּה שְׁכוּנָה. וְכַמָּה שְׁכוּנָה? תָּנָא: אֵין שְׁכוּנָה פְּחוּתָה מִשְּׁלֹשָׁה בְּנֵי אָדָם.

In conclusion, Rav Yehuda says that Shmuel says: The halakha is in accordance with the opinion of Rabbi Yosei, that it is permitted to sell houses outside of Eretz Yisrael to gentiles. Rav Yosef says: And this is the halakha provided that one does not make it into a gentile settlement. And how many people constitute a settlement? The Sage taught: There is no settlement that consists of fewer than three people.

וְלֵחוּשׁ דִּלְמָא אָזֵיל הַאי יִשְׂרָאֵל וּמְזַבֵּין לְחַד גּוֹי, וְאָזֵיל הַאיְךְ וּמְזַבֵּין לַהּ לִתְרֵי! אָמַר אַבָּיֵי: אַ״לִּפְנֵי״ מִפַּקְּדִינַן, אַ״לִּפְנֵי״ דְּ״לִפְנֵי״ לָא מִפַּקְּדִינַן.

The Gemara challenges: But let us be concerned that perhaps this Jew will go and sell to one gentile, and the other owners of the adjacent houses will go and sell to two other gentiles, resulting in a gentile settlement. Abaye said: We are commanded about placing a stumbling block before the blind (see Leviticus 19:14), but we are not commanded about placing a stumbling block before someone who may place it before the blind. In other words, this prohibition applies only when one causes another to sin by his direct action, not in a situation such as this, where the prohibition is two stages removed from the Jew’s action.

אַף בְּמָקוֹם שֶׁאָמְרוּ לְהַשְׂכִּיר. מִכְּלָל דְּאִיכָּא דּוּכְתָּא דְּלָא מוֹגְרִי.

§ The mishna teaches that even in a place with regard to which the Sages said that it is permitted for a Jew to rent a house to a gentile, they did not say that one may rent it for use as a residence. The Gemara points out: By inference, this means that there is a place where one may not rent any house to a gentile.

וּסְתָמָא כְּרַבִּי מֵאִיר, דְּאִי רַבִּי יוֹסֵי, בְּכׇל דּוּכְתָּא מוֹגְרִי.

And this unattributed opinion in the mishna is in accordance with the opinion of Rabbi Meir. As, if you say that this ruling is in accordance with the opinion of Rabbi Yosei, that cannot be, since he holds that in every place one may rent a house to a gentile, including Eretz Yisrael.

וּבְכׇל מָקוֹם לֹא יִשְׂכּוֹר וְכוּ׳. תַּנְיָא: רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: לֹא יִשְׂכּוֹר אָדָם מֶרְחָצוֹ לְגוֹי, מִפְּנֵי שֶׁנִּקְרָא עַל שְׁמוֹ, וְגוֹי זֶה עוֹשֶׂה בּוֹ מְלָאכָה בְּשַׁבָּתוֹת וּבְיָמִים טוֹבִים.

§ The mishna teaches: And in every place, one may not rent a bathhouse to a gentile, as it is called by the name of the owner. The Gemara notes that it is taught in a baraita that Rabban Shimon ben Gamliel says: A person may not rent his bathhouse to a gentile, because it is called by the name of the owner, and this gentile uses it for performing prohibited labor on Shabbatot and on Festivals.

אֲבָל לְכוּתִי, מַאי? שְׁרֵי. כּוּתִי אֵימַר עָבֵיד בֵּיהּ מְלָאכָה בְּחוּלּוֹ שֶׁל מוֹעֵד! בְּחוּלּוֹ שֶׁל מוֹעֵד אֲנַן נָמֵי עָבְדִינַן.

The Gemara asks: It is prohibited to rent one’s bathhouse to a gentile, but with regard to a Samaritan, what is the halakha? It can be inferred from the lack of mention of a Samaritan that it is permitted. The Gemara asks: Why not say that a Samaritan will perform work in the bathhouse during the intermediate days of a Festival? The Gemara answers: During the intermediate days of a Festival we too perform work and heat bathhouses.

אֲבָל שָׂדֵהוּ לְגוֹי, מַאי? שְׁרֵי. מַאי טַעְמָא? אֲרִיסָא אֲרִיסוּתֵיהּ קָעָבֵיד. מֶרְחָץ נָמֵי אָמְרִי: אֲרִיסָא אֲרִיסוּתֵיהּ קָעָבֵיד? אֲרִיסָא דְּמֶרְחָץ לָא עָבְדִי אַנְשֵׁי.

The Gemara further infers: It is prohibited to rent one’s bathhouse to a gentile; but with regard to renting one’s field to a gentile, what is the halakha? Evidently, it is permitted. What is the reason for this? People know that a gentile sharecropper works for his tenancy, not for the Jewish owner. The Gemara asks: But if so, in the case of a bathhouse as well, why not say that the gentile sharecropper works for his tenancy, and therefore a Jew should be permitted to rent them to gentiles. The Gemara answers: People do not usually make this type of arrangement whereby a second party works as a sharecropper of a bathhouse. Consequently, it will be assumed that the gentile is a hired worker who is working for the Jew.

תַּנְיָא, רַבִּי שִׁמְעוֹן בֶּן אֶלְעָזָר אוֹמֵר: לֹא יַשְׂכִּיר אָדָם שָׂדֵהוּ לְכוּתִי, מִפְּנֵי שֶׁנִּקְרֵאת עַל שְׁמוֹ, וְכוּתִי זֶה עוֹשֶׂה בּוֹ מְלָאכָה בְּחוּלּוֹ שֶׁל מוֹעֵד. אֲבָל גּוֹי מַאי? שְׁרֵי, דְּאָמְרִי: אֲרִיסָא אֲרִיסוּתֵיהּ עָבֵיד. אִי הָכִי, כּוּתִי נָמֵי אָמְרִי: אֲרִיסָא אֲרִיסוּתֵיהּ עָבֵיד!

The Gemara cites a similar discussion. It is taught in a baraita that Rabbi Shimon ben Elazar says: A person may not rent his field to a Samaritan, since it is called by the name of the owner and this Samaritan will perform work in it during the intermediate days of a Festival. The Gemara infers: It is prohibited to rent one’s field to a Samaritan, but with regard to a gentile, what is the halakha? Evidently, it is permitted, as we say that the gentile sharecropper works for his tenancy and not for the Jewish owner. The Gemara asks: If that is so, in the case of a Samaritan as well, why not say that the sharecropper works for his tenancy?

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