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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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Leeza Hirt Wilner

New York, United States

My family recently made Aliyah, because we believe the next chapter in the story of the Jewish people is being written here, and we want to be a part of it. Daf Yomi, on the other hand, connects me BACK, to those who wrote earlier chapters thousands of years ago. So, I feel like I’m living in the middle of this epic story. I’m learning how it all began, and looking ahead to see where it goes!
Tina Lamm
Tina Lamm

Jerusalem, Israel

I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.

Gila Loike
Gila Loike

Ashdod, Israel

When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.

Hannah Lee
Hannah Lee

Pennsylvania, United States

I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you

Dena Heller
Dena Heller

New Jersey, 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

Retirement and Covid converged to provide me with the opportunity to commit to daily Talmud study in October 2020. I dove into the middle of Eruvin and continued to navigate Seder Moed, with Rabannit Michelle as my guide. I have developed more confidence in my learning as I completed each masechet and look forward to completing the Daf Yomi cycle so that I can begin again!

Rhona Fink
Rhona Fink

San Diego, United States

I started learning at the beginning of this cycle more than 2 years ago, and I have not missed a day or a daf. It’s been challenging and enlightening and even mind-numbing at times, but the learning and the shared experience have all been worth it. If you are open to it, there’s no telling what might come into your life.

Patti Evans
Patti Evans

Phoenix, Arizona, United States

I saw an elderly man at the shul kiddush in early March 2020, celebrating the siyyum of masechet brachot which he had been learning with a young yeshiva student. I thought, if he can do it, I can do it! I began to learn masechet Shabbat the next day, Making up masechet brachot myself, which I had missed. I haven’t missed a day since, thanks to the ease of listening to Hadran’s podcast!
Judith Shapiro
Judith Shapiro

Minnesota, United States

I began my Daf Yomi journey on January 5, 2020. I had never learned Talmud before. Initially it struck me as a bunch of inane and arcane details with mind bending logic. I am now smitten. Rabbanit Farber brings the page to life and I am eager to learn with her every day!

Lori Stark
Lori Stark

Highland Park, United States

I heard about the syium in January 2020 & I was excited to start learning then the pandemic started. Learning Daf became something to focus on but also something stressful. As the world changed around me & my family I had to adjust my expectations for myself & the world. Daf Yomi & the Hadran podcast has been something I look forward to every day. It gives me a moment of centering & Judaism daily.

Talia Haykin
Talia Haykin

Denver, United States

After experiences over the years of asking to join gemara shiurim for men and either being refused by the maggid shiur or being the only women there, sometimes behind a mechitza, I found out about Hadran sometime during the tail end of Masechet Shabbat, I think. Life has been much better since then.

Madeline Cohen
Madeline Cohen

London, United Kingdom

When the new cycle began, I thought, If not now, when? I’d just turned 72. I feel like a tourist on a tour bus passing astonishing scenery each day. Rabbanit Michelle is my beloved tour guide. When the cycle ends, I’ll be 80. I pray that I’ll have strength and mind to continue the journey to glimpse a little more. My grandchildren think having a daf-learning savta is cool!

Wendy Dickstein
Wendy Dickstein

Jerusalem, Israel

I was inspired to start learning after attending the 2020 siyum in Binyanei Hauma. It has been a great experience for me. It’s amazing to see the origins of stories I’ve heard and rituals I’ve participated in my whole life. Even when I don’t understand the daf itself, I believe that the commitment to learning every day is valuable and has multiple benefits. And there will be another daf tomorrow!

Khaya Eisenberg
Khaya Eisenberg

Jerusalem, Israel

Avodah Zarah 21

ΧžΦ·Χ©Χ‚Φ°Χ›ΦΌΦ΄Χ™Χ¨Φ΄Χ™ΧŸ ΧœΦΈΧ”ΦΆΧ Χ‘ΦΌΦΈΧͺִּים ΧΦ²Χ‘ΦΈΧœ לֹא Χ©Χ‚ΦΈΧ“Χ•ΦΉΧͺ, Χ•ΦΌΧ‘Φ°Χ—Χ•ΦΌΧ¦ΦΈΧ” לָאָר֢Χ₯ ΧžΧ•ΦΉΧ›Φ°Χ¨Φ΄Χ™ΧŸ ΧœΦΈΧ”ΦΆΧ Χ‘ΦΌΦΈΧͺִּים Χ•ΦΌΧžΦ·Χ©Χ‚Φ°Χ›ΦΌΦ΄Χ™Χ¨Φ΄Χ™ΧŸ Χ©Χ‚ΦΈΧ“Χ•ΦΉΧͺ, Χ“ΦΌΦ΄Χ‘Φ°Χ¨Φ΅Χ™ Χ¨Φ·Χ‘ΦΌΦ΄Χ™ ΧžΦ΅ΧΦ΄Χ™Χ¨. Χ¨Φ·Χ‘ΦΌΦ΄Χ™ Χ™Χ•ΦΉΧ‘Φ΅Χ™ ΧΧ•ΦΉΧžΦ΅Χ¨: בְּא֢ר֢Χ₯ Χ™Φ΄Χ©Χ‚Φ°Χ¨ΦΈΧΦ΅Χœ ΧžΦ·Χ©Χ‚Φ°Χ›ΦΌΦ΄Χ™Χ¨Φ΄Χ™ΧŸ ΧœΦΈΧ”ΦΆΧ Χ‘ΦΌΦΈΧͺִּים ΧΦ²Χ‘ΦΈΧœ לֹא Χ©Χ‚ΦΈΧ“Χ•ΦΉΧͺ, וּבְבוּרְיָא ΧžΧ•ΦΉΧ›Φ°Χ¨Φ΄Χ™ΧŸ Χ‘ΦΌΦΈΧͺִּים Χ•ΦΌΧžΦ·Χ©Χ‚Φ°Χ›ΦΌΦ΄Χ™Χ¨Φ΄Χ™ΧŸ Χ©Χ‚ΦΈΧ“Χ•ΦΉΧͺ, Χ•ΦΌΧ‘Φ°Χ—Χ•ΦΌΧ¦ΦΈΧ” לָאָר֢Χ₯ ΧžΧ•ΦΉΧ›Φ°Χ¨Φ΄Χ™ΧŸ ΧΦ΅ΧœΦΌΧ•ΦΌ Χ•ΦΈΧΦ΅ΧœΦΌΧ•ΦΌ.

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 Χ‘ΦΌΦ°ΧžΦΈΧ§Χ•ΦΉΧ Χ©ΧΦΆΧΦΈΧžΦ°Χ¨Χ•ΦΌ ΧœΦ°Χ”Φ·Χ©Χ‚Φ°Χ›ΦΌΦ΄Χ™Χ¨, לֹא ΧœΦ°Χ‘Φ΅Χ™Χͺ Χ“ΦΌΦ΄Χ™Χ¨ΦΈΧ” ΧΦΈΧžΦ°Χ¨Χ•ΦΌ, ΧžΦ΄Χ€ΦΌΦ°Χ Φ΅Χ™ שׁ֢הוּא ΧžΦ·Χ›Φ°Χ Φ΄Χ™Χ‘ לְΧͺΧ•ΦΉΧ›Χ•ΦΉ Χ’Φ²Χ‘Χ•ΦΉΧ“ΦΈΧ” Χ–ΦΈΧ¨ΦΈΧ”, שׁ֢נּ֢אֱמַר: ״לֹא Χͺָבִיא ΧͺΧ•ΦΉΧ’Φ΅Χ‘ΦΈΧ” א֢ל Χ‘ΦΌΦ΅Χ™Χͺ֢ךָ״, Χ•ΦΌΧ‘Φ°Χ›Χ‡Χœ ΧžΦΈΧ§Χ•ΦΉΧ לֹא Χ™Φ·Χ©Χ‚Φ°Χ›ΦΌΦ΄Χ™Χ¨ ΧœΧ•ΦΉ א֢Χͺ Χ”Φ·ΧžΦΌΦΆΧ¨Φ°Χ—ΦΈΧ₯, ΧžΦ΄Χ€ΦΌΦ°Χ Φ΅Χ™ שׁ֢הוּא נִקְרָא גַל Χ©ΧΦ°ΧžΧ•ΦΉ.

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: β€œYou 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.

Χ’ΦΌΦ°ΧžΦΈΧ³ ΧžΦ·ΧΧ™ Χ΄ΧΦ΅Χ™ΧŸ Χ¦ΦΈΧ¨Φ΄Χ™ΧšΦ° ΧœΧ•ΦΉΧžΦ·Χ¨ Χ©Χ‚ΦΈΧ“Χ•ΦΉΧͺΧ΄? ΧΦ΄Χ™ΧœΦΌΦ΅Χ™ΧžΦΈΧ ΧžΦ΄Χ©ΦΌΧΧ•ΦΌΧ דְּאִיΧͺ Χ‘ΦΌΦ·Χ”ΦΌ ΧͺΦΌΦ·Χ¨Φ°ΧͺΦΌΦ΅Χ™: חֲדָא, Χ—Φ²Χ ΦΈΧ™Φ·Χ™Χͺ Χ§Φ·Χ¨Φ°Χ§Φ·Χ’; וַחֲדָא, דְּקָא מַ׀ְקַג ΧœΦ·Χ”ΦΌ ΧžΦ΄ΧžΦΌΦ·Χ’Φ²Χ©Χ‚Φ΅Χ¨.

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 Χ”ΦΈΧ›Φ΄Χ™, Χ‘ΦΌΦΈΧͺִּים Χ ΦΈΧžΦ΅Χ™ אִיכָּא ΧͺΦΌΦ·Χ¨Φ°ΧͺΦΌΦ΅Χ™: חֲדָא, Χ—Φ²Χ ΦΈΧ™Φ·Χ™Χͺ Χ§Φ·Χ¨Φ°Χ§Φ·Χ’; וַחֲדָא, דְּקָא מַ׀ְקַג ΧœΦ·Χ”ΦΌ ΧžΦ΄ΧžΦΌΦ°Χ–Χ•ΦΌΧ–ΦΈΧ”! אָמַר Χ¨Φ·Χ‘ ΧžΦ°Χ©ΧΦ·Χ¨Φ°Χ©ΧΦ°Χ™ΦΈΧ: ΧžΦ°Χ–Χ•ΦΌΧ–ΦΈΧ” Χ—Χ•ΦΉΧ‘Φ·Χͺ Χ”Φ·Χ“ΦΌΦΈΧ¨ 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.

בְּבוּרְיָא ΧžΦ·Χ©Χ‚Φ°Χ›ΦΌΦ΄Χ™Χ¨Φ΄Χ™ΧŸ Χ‘ΦΌΦΈΧͺִּים Χ›ΦΌΧ•ΦΌΧ³. ΧžΦ·ΧΧ™ שְׁנָא ΧžΦ°Χ›Φ΄Χ™Χ¨ΦΈΧ” Χ“ΦΌΦ°ΧœΦΈΧ? ΧžΦ΄Χ©ΦΌΧΧ•ΦΌΧ ΧžΦ°Χ›Φ΄Χ™Χ¨ΦΈΧ” דְּא֢ר֢Χ₯ Χ™Φ΄Χ©Χ‚Φ°Χ¨ΦΈΧΦ΅Χœ. אִי Χ”ΦΈΧ›Φ΄Χ™, ΧžΦ΄Χ©ΦΌΧ‚Φ°Χ›Φ΄Χ™Χ¨Χ•ΦΌΧͺ Χ ΦΈΧžΦ΅Χ™ Χ Φ΄Χ’Φ°Χ–Χ•ΦΉΧ¨! הִיא Χ’ΦΌΧ•ΦΌΧ€Φ·Χ”ΦΌ Χ’ΦΌΦ°Χ–Φ΅Χ¨ΦΈΧ”, Χ•Φ·ΧΦ²Χ Φ·ΧŸ נ֡יקוּם Χ•Φ°Χ Φ΄Χ™Χ’Φ°Χ–Χ•ΦΉΧ¨ Χ’ΦΌΦ°Χ–Φ΅Χ¨ΦΈΧ” ΧœΦ΄Χ’Φ°Χ–Φ΅Χ¨ΦΈΧ”?

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 Χ©Χ‚Φ°Χ›Φ΄Χ™Χ¨Χ•ΦΌΧͺ Χ©Χ‚ΦΈΧ“ΦΆΧ” דִּבְבוּרְיָא, Χ“ΦΌΦ΄Χ’Φ°Χ–Φ΅Χ¨ΦΈΧ” ΧœΦ΄Χ’Φ°Χ–Φ΅Χ¨ΦΈΧ” הִיא, וְקָא Χ’ΦΈΧ–Φ°Χ¨Φ΄Χ™Χ Φ·ΧŸ! Χ”ΦΈΧͺָם ΧœΦΈΧΧ• Χ’ΦΌΦ°Χ–Φ΅Χ¨ΦΈΧ” הוּא, Χ§ΦΈΧ‘ΦΈΧ‘Φ·Χ¨: כִּיבּוּשׁ Χ™ΦΈΧ—Φ΄Χ™Χ“ Χ©ΧΦ°ΧžΦ΅Χ™Χ”ΦΌ 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.

Χ©Χ‚ΦΈΧ“ΦΆΧ” דְּאִיΧͺ Χ‘ΦΌΦ΅Χ™Χ”ΦΌ ΧͺΦΌΦ·Χ¨Φ°ΧͺΦΌΦ΅Χ™ β€” Χ’ΦΌΦ°Χ–Φ·Χ¨Χ•ΦΌ Χ‘ΦΌΦ΅Χ™Χ”ΦΌ Χ¨Φ·Χ‘ΦΌΦΈΧ Φ·ΧŸ, Χ‘ΦΌΦΈΧͺִּים Χ“ΦΌΦ°ΧœΦ΅Χ™Χͺ Χ‘ΦΌΦ°Χ”Χ•ΦΌ ΧͺΦΌΦ·Χ¨Φ°ΧͺΦΌΦ΅Χ™ β€” לָא Χ’ΦΌΦ°Χ–Φ·Χ¨Χ•ΦΌ Χ‘ΦΌΦ°Χ”Χ•ΦΌ Χ¨Φ·Χ‘ΦΌΦΈΧ Φ·ΧŸ.

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.

Χ‘ΦΌΦ°Χ—Χ•ΦΌΧ¦ΦΈΧ” לָאָר֢Χ₯ Χ•Φ°Χ›Χ•ΦΌΧ³. Χ©Χ‚ΦΈΧ“ΦΆΧ” דְּאִיΧͺ Χ‘ΦΌΦ΅Χ™Χ”ΦΌ ΧͺΦΌΦ·Χ¨Φ°ΧͺΦΌΦ΅Χ™ β€” Χ’ΦΌΦ°Χ–Φ·Χ¨Χ•ΦΌ Χ‘ΦΌΦ°Χ”Χ•ΦΌ Χ¨Φ·Χ‘ΦΌΦΈΧ Φ·ΧŸ, Χ‘ΦΌΦΈΧͺִּים Χ“ΦΌΦ°ΧœΦ΅Χ™Χͺ Χ‘ΦΌΦ°Χ”Χ•ΦΌ ΧͺΦΌΦ·Χ¨Φ°ΧͺΦΌΦ΅Χ™ β€” לָא Χ’ΦΌΦ°Χ–Φ·Χ¨Χ•ΦΌ Χ‘ΦΌΦ°Χ”Χ•ΦΌ Χ¨Φ·Χ‘ΦΌΦΈΧ Φ·ΧŸ.

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.

Χ¨Φ·Χ‘ΦΌΦ΄Χ™ Χ™Χ•ΦΉΧ‘Φ΅Χ™ ΧΧ•ΦΉΧžΦ΅Χ¨: בְּא֢ר֢Χ₯ Χ™Φ΄Χ©Χ‚Φ°Χ¨ΦΈΧΦ΅Χœ ΧžΦ·Χ©Χ‚Φ°Χ›ΦΌΦ΄Χ™Χ¨Φ΄Χ™ΧŸ ΧœΦΈΧ”ΦΆΧ Χ‘ΦΌΦΈΧͺִּים Χ•Φ°Χ›Χ•ΦΌΧ³. ΧžΦ·ΧΧ™ טַגְמָא? Χ©Χ‚ΦΈΧ“Χ•ΦΉΧͺ דְּאִיΧͺ Χ‘ΦΌΦ°Χ”Χ•ΦΌ ΧͺΦΌΦ·Χ¨Φ°ΧͺΦΌΦ΅Χ™ β€” Χ’ΦΌΦ°Χ–Φ·Χ¨Χ•ΦΌ Χ‘ΦΌΦ°Χ”Χ•ΦΌ Χ¨Φ·Χ‘ΦΌΦΈΧ Φ·ΧŸ, Χ‘ΦΌΦΈΧͺִּים Χ“ΦΌΦ°ΧœΦ΅Χ™Χͺ Χ‘ΦΌΦ°Χ”Χ•ΦΌ ΧͺΦΌΦ·Χ¨Φ°ΧͺΦΌΦ΅Χ™ β€” לָא Χ’ΦΌΦ°Χ–Φ·Χ¨Χ•ΦΌ Χ‘ΦΌΦ°Χ”Χ•ΦΌ Χ¨Φ·Χ‘ΦΌΦΈΧ Φ·ΧŸ.

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.

וּבְבוּרְיָא ΧžΧ•ΦΉΧ›Φ°Χ¨Φ΄Χ™ΧŸ Χ•Φ°Χ›Χ•ΦΌΧ³. ΧžΦ·ΧΧ™ טַגְמָא? Χ§ΦΈΧ‘ΦΈΧ‘Φ·Χ¨: כִּיבּוּשׁ Χ™ΦΈΧ—Φ΄Χ™Χ“ לָא Χ©ΧΦ°ΧžΦ΅Χ™Χ”ΦΌ כִּיבּוּשׁ, Χ•Φ°Χ©Χ‚ΦΈΧ“ΦΆΧ” דְּאִיΧͺ Χ‘ΦΌΦ·Χ”ΦΌ ΧͺΦΌΦ·Χ¨Φ°ΧͺΦΌΦ΅Χ™ β€” Χ’ΦΌΦ°Χ–Φ·Χ¨Χ•ΦΌ Χ‘ΦΌΦ·Χ”ΦΌ Χ¨Φ·Χ‘ΦΌΦΈΧ Φ·ΧŸ, Χ‘ΦΌΦΈΧͺִּים Χ“ΦΌΦ°ΧœΦ΅Χ™Χͺ Χ‘ΦΌΦ°Χ”Χ•ΦΌ ΧͺΦΌΦ·Χ¨Φ°ΧͺΦΌΦ΅Χ™ β€” לָא Χ’ΦΌΦ°Χ–Φ·Χ¨Χ•ΦΌ Χ‘ΦΌΦ°Χ”Χ•ΦΌ Χ¨Φ·Χ‘ΦΌΦΈΧ Φ·ΧŸ.

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.

Χ•ΦΌΧ‘Φ°Χ—Χ•ΦΌΧ¦ΦΈΧ” לָאָר֢Χ₯ ΧžΧ•ΦΉΧ›Φ°Χ¨Φ΄Χ™ΧŸ Χ•Φ°Χ›Χ•ΦΌΧ³. ΧžΦ·ΧΧ™ טַגְמָא? Χ›ΦΌΦ΅Χ™Χ•ΦΈΧŸ Χ“ΦΌΦ΄ΧžΦ°Χ¨Φ·Χ—Φ·Χ§, לָא Χ’ΦΌΦΈΧ–Φ°Χ¨Φ΄Χ™Χ Φ·ΧŸ.

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 Χ¨Φ·Χ‘ Χ™Φ°Χ”Χ•ΦΌΧ“ΦΈΧ” אָמַר Χ©ΧΦ°ΧžΧ•ΦΌΧΦ΅Χœ: Χ”Φ²ΧœΦΈΧ›ΦΈΧ” Χ›ΦΌΦ°Χ¨Φ·Χ‘ΦΌΦ΄Χ™ Χ™Χ•ΦΉΧ‘Φ΅Χ™. אָמַר Χ¨Φ·Χ‘ Χ™Χ•ΦΉΧ‘Φ΅Χ£: Χ•ΦΌΧ‘Φ΄ΧœΦ°Χ‘Φ·Χ“ שׁ֢לֹּא Χ™Φ·Χ’Φ²Χ©Χ‚ΦΆΧ ΦΌΦΈΧ” שְׁכוּנָה. Χ•Φ°Χ›Φ·ΧžΦΌΦΈΧ” שְׁכוּנָה? Χͺָּנָא: ΧΦ΅Χ™ΧŸ שְׁכוּנָה Χ€ΦΌΦ°Χ—Χ•ΦΌΧͺΦΈΧ” ΧžΦ΄Χ©ΦΌΧΦ°ΧœΦΉΧ©ΧΦΈΧ” Χ‘ΦΌΦ°Χ Φ΅Χ™ 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.

Χ•Φ°ΧœΦ΅Χ—Χ•ΦΌΧ©Χ Χ“ΦΌΦ΄ΧœΦ°ΧžΦΈΧ ΧΦΈΧ–Φ΅Χ™Χœ הַאי Χ™Φ΄Χ©Χ‚Φ°Χ¨ΦΈΧΦ΅Χœ Χ•ΦΌΧžΦ°Χ–Φ·Χ‘ΦΌΦ΅Χ™ΧŸ ΧœΦ°Χ—Φ·Χ“ Χ’ΦΌΧ•ΦΉΧ™, Χ•Φ°ΧΦΈΧ–Φ΅Χ™Χœ Χ”Φ·ΧΧ™Φ°ΧšΦ° Χ•ΦΌΧžΦ°Χ–Φ·Χ‘ΦΌΦ΅Χ™ΧŸ ΧœΦ·Χ”ΦΌ לִΧͺΦ°Χ¨Φ΅Χ™! אָמַר אַבָּי֡י: ΧΦ·Χ΄ΧœΦΌΦ΄Χ€Φ°Χ Φ΅Χ™Χ΄ ΧžΦ΄Χ€ΦΌΦ·Χ§ΦΌΦ°Χ“Φ΄Χ™Χ Φ·ΧŸ, ΧΦ·Χ΄ΧœΦΌΦ΄Χ€Φ°Χ Φ΅Χ™Χ΄ Χ“ΦΌΦ°Χ΄ΧœΦ΄Χ€Φ°Χ Φ΅Χ™Χ΄ לָא ΧžΦ΄Χ€ΦΌΦ·Χ§ΦΌΦ°Χ“Φ΄Χ™Χ Φ·ΧŸ.

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 Χ‘ΦΌΦ°ΧžΦΈΧ§Χ•ΦΉΧ Χ©ΧΦΆΧΦΈΧžΦ°Χ¨Χ•ΦΌ ΧœΦ°Χ”Φ·Χ©Χ‚Φ°Χ›ΦΌΦ΄Χ™Χ¨. ΧžΦ΄Χ›ΦΌΦ°ΧœΦΈΧœ דְּאִיכָּא Χ“ΦΌΧ•ΦΌΧ›Φ°Χͺָּא Χ“ΦΌΦ°ΧœΦΈΧ ΧžΧ•ΦΉΧ’Φ°Χ¨Φ΄Χ™.

Β§ 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.

Χ•ΦΌΧ‘Φ°Χͺָמָא Χ›ΦΌΦ°Χ¨Φ·Χ‘ΦΌΦ΄Χ™ ΧžΦ΅ΧΦ΄Χ™Χ¨, דְּאִי Χ¨Φ·Χ‘ΦΌΦ΄Χ™ Χ™Χ•ΦΉΧ‘Φ΅Χ™, Χ‘ΦΌΦ°Χ›Χ‡Χœ Χ“ΦΌΧ•ΦΌΧ›Φ°Χͺָּא ΧžΧ•ΦΉΧ’Φ°Χ¨Φ΄Χ™.

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.

Χ•ΦΌΧ‘Φ°Χ›Χ‡Χœ ΧžΦΈΧ§Χ•ΦΉΧ לֹא Χ™Φ΄Χ©Χ‚Φ°Χ›ΦΌΧ•ΦΉΧ¨ Χ•Φ°Χ›Χ•ΦΌΧ³. Χͺַּנְיָא: Χ¨Φ·Χ‘ΦΌΦΈΧŸ Χ©ΧΦ΄ΧžΦ°Χ’Χ•ΦΉΧŸ Χ‘ΦΌΦΆΧŸ Χ’ΦΌΦ·ΧžΦ°ΧœΦ΄Χ™ΧΦ΅Χœ ΧΧ•ΦΉΧžΦ΅Χ¨: לֹא Χ™Φ΄Χ©Χ‚Φ°Χ›ΦΌΧ•ΦΉΧ¨ אָדָם ΧžΦΆΧ¨Φ°Χ—ΦΈΧ¦Χ•ΦΉ ΧœΦ°Χ’Χ•ΦΉΧ™, ΧžΦ΄Χ€ΦΌΦ°Χ Φ΅Χ™ שׁ֢נִּקְרָא גַל Χ©ΧΦ°ΧžΧ•ΦΉ, Χ•Φ°Χ’Χ•ΦΉΧ™ Χ–ΦΆΧ” Χ’Χ•ΦΉΧ©Χ‚ΦΆΧ” Χ‘ΦΌΧ•ΦΉ ΧžΦ°ΧœΦΈΧΧ›ΦΈΧ” בְּשַׁבָּΧͺΧ•ΦΉΧͺ Χ•ΦΌΧ‘Φ°Χ™ΦΈΧžΦ΄Χ™Χ Χ˜Χ•ΦΉΧ‘Φ΄Χ™Χ.

Β§ 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.

ΧΦ²Χ‘ΦΈΧœ ΧœΦ°Χ›Χ•ΦΌΧͺΦ΄Χ™, ΧžΦ·ΧΧ™? שְׁר֡י. Χ›ΦΌΧ•ΦΌΧͺΦ΄Χ™ ΧΦ΅Χ™ΧžΦ·Χ¨ Χ’ΦΈΧ‘Φ΅Χ™Χ“ Χ‘ΦΌΦ΅Χ™Χ”ΦΌ ΧžΦ°ΧœΦΈΧΧ›ΦΈΧ” Χ‘ΦΌΦ°Χ—Χ•ΦΌΧœΦΌΧ•ΦΉ שׁ֢ל ΧžΧ•ΦΉΧ’Φ΅Χ“! Χ‘ΦΌΦ°Χ—Χ•ΦΌΧœΦΌΧ•ΦΉ שׁ֢ל ΧžΧ•ΦΉΧ’Φ΅Χ“ אֲנַן Χ ΦΈΧžΦ΅Χ™ Χ’ΦΈΧ‘Φ°Χ“Φ΄Χ™Χ Φ·ΧŸ.

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.

ΧΦ²Χ‘ΦΈΧœ Χ©Χ‚ΦΈΧ“Φ΅Χ”Χ•ΦΌ ΧœΦ°Χ’Χ•ΦΉΧ™, ΧžΦ·ΧΧ™? שְׁר֡י. ΧžΦ·ΧΧ™ טַגְמָא? אֲרִיבָא אֲרִיבוּΧͺΦ΅Χ™Χ”ΦΌ Χ§ΦΈΧ’ΦΈΧ‘Φ΅Χ™Χ“. ΧžΦΆΧ¨Φ°Χ—ΦΈΧ₯ Χ ΦΈΧžΦ΅Χ™ ΧΦΈΧžΦ°Χ¨Φ΄Χ™: אֲרִיבָא אֲרִיבוּΧͺΦ΅Χ™Χ”ΦΌ Χ§ΦΈΧ’ΦΈΧ‘Φ΅Χ™Χ“? אֲרִיבָא Χ“ΦΌΦ°ΧžΦΆΧ¨Φ°Χ—ΦΈΧ₯ לָא Χ’ΦΈΧ‘Φ°Χ“Φ΄Χ™ אַנְשׁ֡י.

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.

Χͺַּנְיָא, Χ¨Φ·Χ‘ΦΌΦ΄Χ™ Χ©ΧΦ΄ΧžΦ°Χ’Χ•ΦΉΧŸ Χ‘ΦΌΦΆΧŸ ΧΦΆΧœΦ°Χ’ΦΈΧ–ΦΈΧ¨ ΧΧ•ΦΉΧžΦ΅Χ¨: לֹא Χ™Φ·Χ©Χ‚Φ°Χ›ΦΌΦ΄Χ™Χ¨ אָדָם Χ©Χ‚ΦΈΧ“Φ΅Χ”Χ•ΦΌ ΧœΦ°Χ›Χ•ΦΌΧͺΦ΄Χ™, ΧžΦ΄Χ€ΦΌΦ°Χ Φ΅Χ™ שׁ֢נִּקְר֡אΧͺ גַל Χ©ΧΦ°ΧžΧ•ΦΉ, Χ•Φ°Χ›Χ•ΦΌΧͺΦ΄Χ™ Χ–ΦΆΧ” Χ’Χ•ΦΉΧ©Χ‚ΦΆΧ” Χ‘ΦΌΧ•ΦΉ ΧžΦ°ΧœΦΈΧΧ›ΦΈΧ” Χ‘ΦΌΦ°Χ—Χ•ΦΌΧœΦΌΧ•ΦΉ שׁ֢ל ΧžΧ•ΦΉΧ’Φ΅Χ“. ΧΦ²Χ‘ΦΈΧœ Χ’ΦΌΧ•ΦΉΧ™ ΧžΦ·ΧΧ™? שְׁר֡י, Χ“ΦΌΦ°ΧΦΈΧžΦ°Χ¨Φ΄Χ™: אֲרִיבָא אֲרִיבוּΧͺΦ΅Χ™Χ”ΦΌ Χ’ΦΈΧ‘Φ΅Χ™Χ“. אִי Χ”ΦΈΧ›Φ΄Χ™, Χ›ΦΌΧ•ΦΌΧͺΦ΄Χ™ Χ ΦΈΧžΦ΅Χ™ ΧΦΈΧžΦ°Χ¨Φ΄Χ™: אֲרִיבָא אֲרִיבוּΧͺΦ΅Χ™Χ”ΦΌ Χ’ΦΈΧ‘Φ΅Χ™Χ“!

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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