Avodah Zarah, Daf Tet Zayin, Part 2
Introduction
This section opens with a mishnah that teaches that one is forbidden to assist a non-Jew in any way that may injure the public.
מתני׳ אין מוכרין להם דובין ואריות וכל דבר שיש בו נזק לרבים
One should not sell them bears, lions or anything which may injure the public.
A Jew is not allowed to sell bears or lions to non-Jews, lest the non-Jew not take proper care of the animal and the animal cause damage to the public. This section may also be understood as referring to the gladiator exhibitions which often involved lions and bears. The Rabbis were opposed to these violent exhibitions and to the culture that encouraged the enjoyment of bloodshed. A Jew should certainly not attend such events nor sell animals to non-Jews that might be used in these events.
אין בונין עמהם בסילקי גרדום איצטדייא ובימה
One should not join them in building a basilica, a scaffold, a stadium, or a platform.
A Jew may not join non-Jews in building any of the structures listed in this section. The basilica served as a courtroom. The scaffold was used for executions. The platform was used for judges to make speeches. We can see from this mishnah that the Jews had a deep distrust for the non-Jewish law system. This law system is considered damaging to the public and therefore a Jew should not aid in building this system.
אבל בונין עמהם בימוסיאות ובית מרחצאות הגיע לכיפה שמעמידין בה עבודת כוכבים אסור לבנות:
But one may join them in building public or private bathhouses.
When however he reaches the cupola in which the idol is placed he must not build.
A Jew is allowed to join non-Jews in building bathhouses, since bathhouses are for the public good. Indeed in other Talmudic sources the Romans are praised for building bathhouses, marketplaces, roads and bridges. From other stories in the Talmud and a famous story that will appear in our tractate, it is clear that Jews and non-Jews shared public bathhouses.
[Note: the version of the mishnah upon which my interpretation is based is dimasaot and not bimasaot , as recommended by Albeck.]
A Jew may not aid in building the cupola of the bathhouse since that is the place where the idol is placed. As we have learned already in the previous mishnayoth, a Jew may not perform any action which would aid in idolatrous practice.
גמ׳ אמר רב חנין בר רב חסדא ואמרי לה אמר רב חנן בר רבא אמר רב: חיה גסה הרי היא כבהמה דקה לפירכוס אבל לא למכירה ואני אומר אף למכירה מקום שנהגו למכור מוכרין שלא למכור אין מוכרין
GEMARA. R. Hanin son of R. Hisda said (and some say R. Hanan b. Rava said in the name of Rav): A large wild animal has the same rule as a small beast as regards struggling but not as regards selling. But in my opinion this applies to selling also, so that in such places where it is the custom to sell, such sale is permitted, but where the custom is not to sell, it is forbidden.
Struggling refers to an animal that was dying before it was slaughtered. If after it was slaughtered it struggles then we can assume that it was alive and the animal may be eaten. R. Hanin here is discussing the status of large wild animals. All agree that their status vis a vis struggling is the same as that of a small beast. But when it comes to selling them to non-Jews, there is a dispute. The first opinion holds that large wild animal may never be sold. In contrast, R. Hanin holds that like small beasts, it depends on the custom.
תנן אין מוכרין להן דובין ואריות ולא כל דבר שיש בו נזק לרבים. טעמא דאית ביה נזק לרבים הא לית ביה נזק לרבים שרי
Our Mishnah says: One should not sell them bears, lions, or anything which may injure the public. The reason is because they might injure the public, but if they will not injure the public it should be permitted?
The Talmud raises a difficulty on anyone who says it is prohibited to sell them large wild beasts. Large wild beasts may not be sold only if they present a danger to the public. But if they are not dangerous, then they may be sold to them.
אמר רבה בר עולא בארי שבור ואליבא דרבי יהודה
רב אשי אמר סתם ארי שבור הוא אצל מלאכה
Rabbah b. Ulla said: [Our Mishnah may refer] to a mutilated lion in accordance with the opinion of R. Judah.
R. Ashi said: Generally, any lion may be regarded as maimed in regard to work.
Rabbah b. Ulla explains that the Mishnah prohibits selling a mutilated lion which is not fit for work, and it follows the opinion of R. Judah from the previous mishnah who forbade selling maimed animals. But an unmaimed large wild animal would be prohibited, even according to the other rabbis, even if it does not present a danger to the public.
R. Ashi says that all lions are considered maimed when it comes to work. After all, a lion cannot be put to work. Thus a lion that does not present a danger could be sold. But a different wild animal that can do work cannot be sold under any circumstance.
מיתיבי כשם שאין מוכרין להן בהמה גסה כך אין מוכרין להן חיה גסה ואפילו במקום שמוכרין להן בהמה דקה חיה גסה אין מוכרין להן
תיובתא דרב חנן בר רבא תיובתא
They objected: Just as it is forbidden to sell them large cattle, so it is forbidden to sell them large wild animals; and even in such places where they do sell them small cattle, large wild animals should not be sold to them. This is a refutation of R. Hanan b. Rava.
The baraita quoted here clearly prohibits selling them large wild animals. This rejects R. Hanan b. Rava who said that it depends on custom.