POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Avodah Zarah 21
1) RENTAL AND SALE OF HOUSES AND FIELDS
(a) (Mishnah - R. Meir): We may not (sell or) rent houses to
Nochrim in Eretz Yisrael, all the more so fields;
2) R. YOSI'S OPINION
1. In Surya we may rent (but not sell) houses, but not
(b) R. Yosi says, in Eretz Yisrael we may rent (but not sell)
houses, but not fields;
2. In Chutz la'Aretz we may (even) sell houses and rent
1. In Surya we may sell houses and rent fields;
(c) Even when it is permitted to rent houses, it cannot be
for the Nochri to live in, for he would bring in his
2. In Chutz la'Aretz we may sell houses and fields.
1. This is forbidden - "V'Lo Savi So'evah El Beisecha".
(d) In all places it is forbidden to rent him a bathhouse,
for people call it the Yisrael's bathhouse (and they will
think that he authorized heating the water on Shabbos).
(e) (Gemara) Question: Why does it say 'all the more so
(f) Suggestion: Two prohibitions are involved with fields: it
gives the Nochri Chaniyah, and it annuls Ma'aseros from
(g) Question: Also regarding a house, it gives the Nochri
Chaniyah, and it uproots the Mitzvah of Mezuzah!
(h) Answer (Rav Mesharshiya): The Mezuzah is a Mitzvah
incumbent on the one living there (it is not a Mitzvah on
the house, nothing is uprooted).
(i) (Mishnah): In Surya we may rent houses...
(j) Question: Selling is forbidden, presumably this is a
decree lest one sell in Eretz Yisrael;
1. We should likewise forbid renting!
(k) Answer: Renting is only forbidden on account of a decree,
lest one come to sell;
1. We do not make a decree on account of a decree.
(l) Question: But it is forbidden to rent fields in Surya,
this is a decree on account of a decree!
(m) Answer: No, the Tana holds that Kivush Yachid (Rashi -
territory conquered without consulting Hash-m or without
all of Yisrael; Tosfos - anything conquered improperly,
i.e. before conquering all of Eretz Yisrael) is
considered conquest (therefore, Surya is considered like
1. (Therefore, renting in Surya is a decree on account
of selling, which is forbidden mid'Oraisa.)
(n) (Mishnah): In Chutz la'Aretz we may sell houses and rent
2. Chachamim decreed against renting fields, because
one who sells transgresses two prohibitions; they
did not decree against renting houses, because one
who sells transgresses only one prohibition.
1. We only decree against selling fields, because (in
Eretz Yisrael) two prohibitions are involved, not
against selling houses.
(a) (Mishnah): R. Yosi says, in Eretz Yisrael we may rent
3) RENTING TO KUSIM AND NOCHRIM
(b) Question: What is his reason?
(c) We only decree against renting fields, because two
prohibitions are involved with (selling) fields.
(d) (Mishnah): In Surya we may sell houses...
(e) Question: What is his reason?
(f) Answer: He holds that Kivush Yachid is not considered
conquest (Surya is not part of Eretz Yisrael);
1. We only decree against selling fields, because two
prohibitions are involved (in Eretz Yisrael) with
(g) (Mishnah): In Chutz la'Aretz we may sell houses and
(h) Question: What is his reason?
(i) Answer: Since it is far from Eretz Yisrael, we do not
decree at all.
(j) (Rav Yehudah): The Halachah follows R. Yosi.
(k) (Rav Yosef): Still, one may not sell to a Nochri if it
will create a neighborhood of Nochrim.
1. Question: What is considered a neighborhood?
(l) Question: We should be concerned that the Nochri will
sell to two others, creating a neighborhood!
2. Answer (Beraisa): A neighborhood is at least three
(m) Answer: That is a remote concern, we need not be
concerned for it.
(a) (Mishnah): Even when it is permitted to rent houses...
(b) Inference: This implies that there are places where it is
forbidden to rent;
1. This is like R. Meir, for R. Yosi permits renting
houses in all places.
(c) (Mishnah): In any place, he may not rent...
(d) (Beraisa - R. Shimon ben Gamliel): A person may not rent
his bathhouse to a Nochri, for people call it the
Yisrael's bathhouse, and they will think that the Yisrael
asked the Nochri to work on Shabbos and Yom Tov.
(e) Question: May one rent it to a Kusi?
(f) Answer: It is permitted;
1. Granted, Kusim (do even forbidden) work on Chol
ha'Mo'ed - but even a Yisrael is permitted to heat
water for bathing on Chol ha'Mo'ed!
(g) Question: May one rent his field to a Nochri (in Chutz
la'Aretz, where we are not concerned for Chyaniyah or
Ma'aseros, are we concerned that people will think he
works for the Yisrael)?
(h) Answer: Yes.
(i) Question: What is the reason?
(j) Answer: People will assume that the Nochri is a
sharecropper, he works for his own sake (he gets a share
of the produce).
(k) Question: We should also permit renting a bathhouse for
the same reason!
(l) Answer: People do not make such arrangements regarding
bathhouses (they simply pay a daily wage).
(m) (Beraisa - R. Shimon ben Elazar): One may not rent his
field to a Kusi, for people call it the Yisrael's, and
the Kusi will work on Chol ha'Mo'ed.
(n) Question: May we infer, it is permitted to rent it to a
Nochri, because people will assume that the Nochri is a
sharecropper working for his own sake?
1. If so, we should also permit renting to a Kusi for
the same reason!
(o) Answer: R. Shimon ben Elazar does not assume that people
will say the Nochri is a sharecropper