Ask A Question on the daf

Previous daf

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;

1. In Surya we may rent (but not sell) houses, but not fields;
2. In Chutz la'Aretz we may (even) sell houses and rent fields.

(b) R. Yosi says, in Eretz Yisrael we may rent (but not sell) houses, but not fields;

1. In Surya we may sell houses and rent fields;
2. In Chutz la'Aretz we may sell houses and 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 idolatry;

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 fields'?
(f) Suggestion: Two prohibitions are involved with fields: it gives the Nochri Chaniyah, and it annuls Ma'aseros from the field.
(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 Eretz Yisrael).

1. (Therefore, renting in Surya is a decree on account of selling, which is forbidden mid'Oraisa.)
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.

(n) (Mishnah): In Chutz la'Aretz we may sell houses and rent fields.

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 houses...
(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 fields.

(g) (Mishnah): In Chutz la'Aretz we may sell houses and fields.
(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?
2. Answer (Beraisa): A neighborhood is at least three people.

(l) Question: We should be concerned that the Nochri will sell to two others, creating a neighborhood!
(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