Avodah Zarah, Daf Tet Vav, Part 1

 

Introduction

The mishnah prohibits selling large cattle to idolaters. The question is why?

 

בכל מקום אין מוכרין בהמה גסה כו’:

מ"ט נהי דלרביעה לא חיישינן מעביד ביה מלאכה חיישינן וניעביד כיון דזבנה קנייה

 

In all places it is forbidden to sell them large animals etc. What is the reason for this?

While we may not fear bestiality, maybe there is the fear of his making the animal work [on Shabbat]? Then let him make it work; since he has bought it, he owns it!

 

There are several issues that may arise with selling a large animal to an idolater, but none of them seem to really make sense. We already said that idolaters do not engage in bestiality with their own animals, so that s not a concern (phew!). Second, we might be concerned that they would make the animal work on Shabbat. But only animals owned by Jews must rest on Shabbat. Not animals owned by non-Jews. So what is the problem?

 

גזירה משום שאלה ומשום שכירות. שאלה קנייה ואגרא קנייה!

 

The prohibition is because of lending and because of renting.

[But, surely] when he borrows it he owns it, or when he rents it he owns it [during that period]!

 

Theoretically, the prohibition of selling them a large animal may be because this could lead to loaning or renting them an animal. In such a case the Jew owns the animal and therefore there is a problem with the animal doing work.

But, halakhically speaking, when a person borrows or rents an animal he owns it (this is so he will be responsible for damages that happen to the animal). Therefore, the problem returns. Why shouldn t a Jew sell his animal to an idolater?

 

אלא אמר רמי בריה דר’ ייבא גזירה משום נסיוני. דזמנין דזבנה לה ניהליה סמוך לשקיע’ החמה דמעלי שבתא וא"ל תא נסייה ניהליה ושמעה ליה לקליה ואזלא מחמתיה וניחא ליה דתיזל והוה ליה מחמר אחר בהמתו בשבת והמחמר אחר בהמתו בשבת חייב חטאת

 

Then said Rami the son of R. Yeba: The prohibition is because of trying [the animal out]. For sometimes it might happen that he sells it to him close to sunset on the eve of Shabbat and he might say to him, Come let me try it out, and hearing the owner’s voice it will walk because of him, and he indeed desires it to walk, so that he acts as a driver of his beast on the Sabbath and he who drives his beast on Shabbat is liable for a sin-offering.

 

Rami son of R. Yeba explains that this entire prohibition is because the Jewish owner might actually own the animal right when Shabbat begins. During the process of selling the animal, the Jew might give the owner a few moments to try the animal out. And then the animal would hear the owner s voice and while carrying a load walk a bit. This is prohibited because one is not allowed to make his animal work on Shabbat carrying is work. Lest this scenario occur, the rabbis prohibited selling to idolaters large animals that can carry a load.

 

מתקיף לה רב שישא בריה דרב אידי ושכירות מי קניא והתנן אף במקום שאמרו להשכיר לא לבית דירה אמרו מפני שמכניס לתוכו עבודת כוכבים ואי ס"ד שכירות קניא האי כי קא מעייל לביתי’ קא מעייל

 

R. Shisha the son of R. Idi objected: But does renting cause an acquisition? Have we not learned, Even in a place where they said it was permitted to rent [a house to an idolater], they did not say it in regard to a dwelling house, because he will bring idols into it.

Now, if you were to think that renting causes acquisition, then whatever he brings into his home, he brings into his own house!

 

R. Shisha argues that renting something to an idolater does not mean that the idolater has acquired the place. For if that were true, then it should be permitted to rent a dwelling house to an idolater. Even if he brings his idols into there, the house is his!

 

שאני עבודת כוכבים דחמירא דכתיב (דברים ז, כו) ולא תביא תועבה אל ביתך

It is different with idols, for this is a strict matter, as it is written, And you shall not bring abomination into your house (Deuteronomy 7:26).

 

The answer is that when it comes to renting your house to an idolater, the rules are stricter due to the verse quoted. The Torah does not need to prohibit bringing an abomination into one s own home obviously that is prohibited. What it prohibits is to even allow a pagan to bring an idol into a home rented to him by a Jew. Thus renters do own what they are renting. Nevertheless, it is still prohibited to rent living quarters to an idolater (in the land of Israel).