ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf 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.
(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.
2. ... in Chutz la'Aretz - everything is permitted, except for selling him a
(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
(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
(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
(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.
(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.
2. ... doing work on Shabbos and Yom-Tov - that one may rent it to him over
(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).