Avodah Zarah, Daf Kaf Aleph, Part 1

 

Introduction

Today s section is the last mishnah of the chapter. It discusses selling houses and fields to idolaters in the land of Israel and in the surrounding areas.

 

 

מתני׳ אין משכירין להם בתים בארץ ישראל ואין צריך לומר שדות ובסוריא משכירין להם בתים אבל לא שדות ובחו"ל מוכרין להם בתים ומשכירין שדות דברי רבי מאיר

 

One should not let houses to them in the land of Israel; and it is not necessary to mention fields.

In Syria houses may be let to them, but not fields.

Outside of the land of Israel, houses may be sold and fields let to them, these are the words of Rabbi Meir.

 

Rabbi Meird holds that one should not even rent houses to non-Jews in the land of Israel, lest he come to sell them as well. This is true of houses and even truer with regard to fields, for with fields there is the added problem of tithes. Once a Jew sells his field to a non-Jew the field s produce is not liable for tithing. In this way, the sale reduces the holiness of the field.

In Syria, which is adjacent to Israel and was conquered by David but is not considered fully a part of Israel, we can be slightly more lenient. Houses may be rented to non-Jews, but fields still may not, because the produce grown in Syria is still subject to tithes. Outside of the land, a Jew may sell houses, but he still may not sell fields, lest by habit he come to sell fields in the land of Israel as well.

 

רבי יוסי אומר בארץ ישראל משכירין להם בתים אבל לא שדות ובסוריא מוכרין בתים ומשכירין שדות ובחוץ לארץ מוכרין אלו ואלו

 

Rabbi Yose says: in the land of Israel, one may let to them houses but not fields;

In Syria, we may sell them houses and let fields;

Outside of the land of Israel, both may be sold.

 

In all of these cases, Rabbi Yose is slightly more lenient. Inside of Israel he allows the renting of houses, but not fields. In Syria he allows the sale of houses and the renting of fields and outside of the land, both may be sold. Note that he is still consistent in that the rules are stricter with fields than with houses. The major difference is that he does not rule more strictly in cases that should be permitted (such as selling fields outside of the land) but were forbidden by Rabbi Meir lest one come to sell something that really should not be sold.

 

אף במקום שאמרו להשכיר לא לבית דירה אמרו מפני שהוא מכניס לתוכו עבודת כוכבים שנאמר (דברים ז, כו) לא תביא תועבה אל ביתך

 

Even in such a place where the letting of a house has been permitted, they did not say [that this was permitted if it was] for the purpose of a residence, since the idolater will bring idols into it; for it says, you shall not bring an abomination into your house (Deut. 7:26).

 

Although in the previous mishnah we learned that in certain places it is permitted to let a house to an idolater (in Syria according to Rabbi Meir, and in the land of Israel according to Rabbi Yose), this permission is not granted if the idolater is renting the house as a residence. Since the idolater will bring his idols into the house, this would violate the prohibition of allowing idols into one s home. The idolater may only rent the house from the Jew to use for storage or other non-residential usage. [The Jerusalem Talmud rules that outside of the land of Israel it is permitted to sell or let houses to idolaters even for the purpose of residence. Although in this case too the idolater will bring idols into the house and seemingly thereby cause the Jew to violate the commandment in Deut. 7:26, the essential meaning of the verse is that it is forbidden for a Jew to bring idols into his own house. The halacha is more strict inside the land of Israel and in bordering areas because it is incumbent upon Jews to cleanse the land of idol worship.]

 

ובכל מקום לא ישכיר לו את המרחץ מפני שהוא נקרא על שמו:

 

In no place may one let a bath-house to an idolater, as it is called by the name of the owner.

 

In no place, even outside the land of Israel, may one let a bath-house to an idolater. Since the bath-house will continue to be called by the name of the Jewish owner, and the idolater will surely bring idols into the warehouse, this is forbidden.