1)RENTAL AND SALE OF HOUSES AND FIELDS

(a)(Mishnah - R. Meir): We may not (sell or) rent houses to Nochrim in Eretz Yisrael, and 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 one may 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 one may not rent to 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 Isurim are involved with fields. It gives the Nochri Chaniyah (encampment), and it annuls Ma'aseros from the field.

(g)Question: Also a house entails two Isurim. 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, so nothing is uprooted. Suggestion (f) is accepted; it answers Question (e).)

(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 forbidden only due to a decree, lest one come to sell;

1.We do not make a decree due to a decree.

(l)Question: One may not rent fields in Surya. This is a decree due to 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 valid conquest (therefore, Surya is considered like Eretz Yisrael. Therefore, renting in Surya is a decree due to selling there, which is forbidden mid'Oraisa.)

1.Chachamim decreed against renting fields, for one who sells transgresses two Isurim. They did not decree against renting houses, because one who sells transgresses only one Isur.

(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 Isurim are involved. We do not decree against selling houses.

2)R. YOSI'S OPINION

(a)(Mishnah): R. Yosi says, in Eretz Yisrael we may rent houses...

(b)Question: What is his reason?

(c)Answer: He decrees only against renting fields, because two Isurim 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.He decrees only against selling fields, for two Isurim 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): Even so, 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 lest the Nochri sell to two others, creating a neighborhood!

(m)Answer: That is a remote concern. We need not be concerned for it.

3)RENTING TO KUSIM AND NOCHRIM

(a)(Mishnah): Even where one may rent houses...

(b)Inference: There are places where one may not rent;

1.This is like R. Meir, for R. Yosi permits renting houses in all places.

21b----------------------------------------21b

(c)(Mishnah): In any place, he may not rent...

(d)(Beraisa - R. Shimon ben Gamliel): One 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 may 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 Chaniyah or Ma'aseros? Are we concerned lest people think he works for the Yisrael)?

(h)Answer: It is permitted.

(i)Question: What is the reason?

(j)Answer: People will assume that the Nochri is a sharecropper, and he works for his own sake (he gets a share of the Peros).

(k)Question: We should also permit renting a bathhouse for this 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 that one may 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 that the Nochri is a sharecropper.

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