Avodah Zarah, Daf Yod Daled, Part 6
Introduction
Today s section begins with another mishnah. This mishnah discusses the prohibition of a Jew from selling animals to non-Jews, lest the non-Jews use them for work on the Sabbath.
מתני׳ מקום שנהגו למכור בהמה דקה לעובדי כוכבים מוכרין מקום שנהגו שלא למכור אין מוכרין ובכל מקום אין מוכרין להם בהמה גסה עגלים וסייחים שלמין ושבורין ר’ יהודה מתיר בשבורה ובן בתירא מתיר בסוס:
In a place where it is the custom to sell small domesticated animals to non-Jews, such a sale is permitted; but where the custom is not to sell, such a sale is not permitted.
In no place however is it permitted to sell large animals, calves or foals, whether whole or maimed.
Rabbi Judah permits in the case of a maimed one.
And Ben Bateira permits in the case of a horse.
The Torah teaches on several occasions that an animal must rest on the Sabbath (see for instance Exodus 20:9). Our mishnah extends this prohibition and prohibits a Jew from selling an animal to a non-Jew, lest the non-Jew use the animal for work on the Sabbath. This is similar yet somewhat different from the issue which the mishnah discussed previously, selling potentially idolatrous objects to the non-Jew. In both cases it is forbidden to sell something to a non-Jew. However, in this case, Jews are not enjoined to prevent non-Jews from working on the Sabbath. Rather Jews are prohibited from putting Sabbath observant animals into the position where they will have to break the Sabbath. In other words this prohibition concerns the animal and not the non-Jew himself.
Not all animals are used for work. Small animals, such as sheep and goats are not used for work. Therefore in a place where it is customary to sell them to non-Jews it is permitted to do so. In other places it was customary not to sell even small animals to non-Jews, lest the Jew become confused and sell them large animals, which is prohibited in all places.
It is forbidden in all places to sell large animals, such as oxen and horses, to non-Jews since they will be used to perform work on the Sabbath. This prohibition includes calves and foals, even though they do not usually perform work.
Rabbi Judah allows one to sell injured animals to non-Jews since they are clearly being purchased for their meat and not in order to do work.
Ben Bateira allows the sale of a horse since horses are used for riding, which is not considered by the Rabbis to be work. Pulling plows, a work performed by oxen is considered work.
גמ׳ למימרא דאיסורא ליכא מנהגא הוא דאיכא היכא דנהיג איסור נהוג היכא דנהיג היתר נהוג.
ורמינהי אין מעמידין בהמה בפונדקאות של עובדי כוכבים מפני שחשודין על הרביעה
GEMARA. This is to say that there is no actual prohibition, but that it is only a matter of custom; so that where the custom is to prohibit, it is to be followed, and where the custom is to permit it is to be followed? But this contradicts the following [Mishnah]: One should not place cattle in inns kept by idolaters, because they are suspected of bestiality!
The first clause of the mishnah implies that it is not actually prohibited to sell small animals to idolaters. But there is another mishnah that would prohibit selling any animal to them whatsoever, out of fear that they would have carnal relations with it.
אמר רב מקום שהתירו למכור התירו לייחד מקום שאסרו לייחד אסרו למכור
Rav said: In places where it is permitted to sell, it is permitted to leave them together alone, but in places where leaving them together alone is forbidden, it is also forbidden to sell.
Rav would say that the two prohibitions go together. If it is a place where it is forbidden to sell them an animal, then it is also forbidden to let them be alone with an animal. But in places where it is permitted to sell, it also permitted to let them alone with the animal.
ור"א אומר אף במקום שאסרו לייחד מותר למכור
מאי טעמא עובד כוכבים חס על בהמתו שלא תעקר
But R. Elazar said: Even in a place where it is forbidden to leave them together it is permitted to sell. Why? The idolater cares that his beast will not become sterile.
R. Elazar would say that it is always permitted to sell them an animal. Once they buy the animal, they will not engage in bestiality with it because this could cause the animal to become sterile. In other words, idolaters will have sex with animals, but not at cost to their own property.
ואף רב הדר ביה דאמר רב תחליפא א"ר שילא בר אבימי משמיה דרב עובד כוכבים חס על בהמתו שלא תעקר:
And Rav too changed his opinion for R. Tahlifa said in the name of R. Shila b. Abimi, who said in the name of Rav: An idolater cares that his beast will not become sterile.
According to this tradition, Rav actually agrees with R. Elazar. Thus all tannaim agree that once that once an animal is sold to the idolater, we need not be concerned that he will have relations with it.