(Mishnah): One may sell small animals to a gentile in a place where that is the custom. One may not do so in a place where that is not the custom (they were stringent in order to prevent selling large animals); and one should not act differently as it causes dispute.

In all places one may not sell large animals (as they are used for Melacha on Shabbos), calves and foals (lest one come to sell adult animals), whether whole or lame (lest one come to sell whole ones).

R. Yehudah permits selling a (large) lame animal; Ben Beseira permits selling a horse (since it is usually only used for riding).

(Gemara - Question): Is it permitted to give an animal to gentiles to raise? (The Mishnah in Maseches Bava Kama prohibits raising small animals in Eretz Yisrael since they will likely consume the growths in other people's fields?)

Answer (R. Ba): It is permitted in a place such as Mahir which is an area of 16 by 16 Mil (and is sufficient to supply the grazing needs of the animals. The Mishnah there permits raising small animals in the deserts of Eretz Yisrael). (Note: These two entries follow the explanation of Rav Chaim Kanievski shlita.)

The students wanted to suggest that those who hold that it is permitted to sell animals to gentiles, also hold that one could allow a gentile to be secluded with them; but those who hold that it is prohibited to sell animals to gentiles also hold that one cannot allow a gentile to be secluded with them.

Rejection (R. Yona/R. Elazar quoting Rav): Even those that permit selling them animals do not allow seclusion (as gentiles are suspected of bestiality and the Jew is causing them to stumble).

Question: What is the difference between selling and allowing seclusion (selling seemingly also causes them to sin with the animal)?

Answer: There, since he is selling it to the gentile, it becomes the animal of the gentile (and he will not wish to damage his own animal). Here, it is a Jew's animal and the gentile is suspected of sinning with it.

(The Mishnah had taught): In a place where the custom is not to sell (a small animal to a gentile), one may not sell.

Why do they refrain from selling small animals to a gentile? As the gentile removes it from the Mitzvah of Reishis HaGez (giving of the first sheerings).

And if it is a goat (where the Mitzvah does not apply)? As the gentile removes it from the Mitzvah of Bechorah (the firstborn animal).

And if it is a male goat (where the Mitzvah of Bechorah does not apply)? As the gentile removes it from the Mitzvah of Matanos (gifts to the Kohanim).

If that is the case, one should not sell him wheat as he removes it from the Mitzvah of Chalah. He should not sell him wine and oil as he removes them from the blessing that would have been made on them?!

(The Mishnah had taught): In all places one may not sell large animals.

Question: What is the difference between large and small animals?

Answer: A large animal involves a Chatas offering (as it will be used for Melacha on Shabbos), a small animal does not.

Question: Would he not milk or shear a small animal?

Answer: There, it is the gentile who is performing the Melacha (of milking or shearing) and it is permitted for him; here, it is the animal that is performing it and the Jewish owner is commanded that his animal rest on Shabbos.

Question: Since he is selling the animal to the gentile, it is a gentile's animal (so why be concerned about the animal working)?

Answer (R. Imi Bavlai quoting Rabanan): There, sometimes he sells it to him on trial and the gentile then returns it after 3 days, therefore causing that the Melacha was done on Shabbos with a Jew's animal.

Question: If so, if sold on trial it should be prohibited, if not on trial it should be permitted?

Answer: This case (not on trial) is prohibited because of this case (on trial).

If one transgressed and sold an animal, we fine him. Just as we fine people who transgressed Halacha, so we fine those that transgress a custom.

Query: What is the source for fining for transgressing a custom?

Answer: A person once sold a camel to an Aramean (gentile). The case came before R''SBL and he obligated the Jew to pay double the value in order to be able to buy it back.

(R. Yosa bar R. Bun): The case in fact, was that he was a middleman between two gentiles, and they would call him "a son that is the middleman for Arameans''.

R''SBL followed the opinion of R. Yehudah, as it states in the Mishnah in the name of R. Yehudah, "One who buys an animal from a gentile and it gives birth to a firstborn, they share it equally and give a half the money to the Kohen. If he gave him the animal as a contractor, he must give the gentile even until ten times the value; and all of the money goes to the Kohen. The Chachamim say that since the gentile has a portion in it, it is exempt from the law of the Firstborn animal.''

R''SBL follows the opinion of R. Yuda but he is more stringent; as R. Yuda said that we fine him because of the Mitzvah of Bechora (which is a Mitzvah from the Torah) but R''SBL fine's him even for selling a large animal (which is only Rabbinic).

(The Mishnah had taught): R. Yehudah permits selling a (large) lame animal.

R. Yehudah was referring to a lame animal that can never recover (so there is no concern that the gentile will make it work).

Question (Chachamim to R. Yehuda): But surely they will bring a male to mate with it (and the baby produced will later be able to work)?

Answer (R. Yehuda): I was only referring to a male lame animal that can never recover.

Question (Chachamim): Even then, they will bring a female to mate with it and give birth?

(R. Abun quoting Rabanan of Bavel): This teaches us that one may not cause one of their large animals to conceive.

(Mishnah in Bechoros): One who buys the unborn foetus of a gentile's donkey; one who transgresses and sells it to a gentile; one who receives it from a gentile or one who gives it to him, he is exempt from the Mitzvah of Bechora.

Question (R. Chagai to R. Yosi): Does this not mean that it is prohibited to supply a gentile with even foetuses?

(R. Yosi responds): R. Abun has already preceded you, as he said in the name of Rabanan of Bavel, that we learn that one may not cause one of their large animals to conceive.

(The Mishnah had taught): Ben Beseira permits selling a horse.

(R. Yuda) Ben Beseira was only referring to a male horse that causes the death of its owner in battle. Some say that it occurs when it chases after a female (bringing the owner into the hands of the enemy); some say it occurs when it stops to urinate (allowing the enemy to catch the rider).

Question: What is the practical difference between these reasons?

Answer: A neutered horse. There is no concern that it would run after a female but there is a concern that it would stop to urinate.

Question: What is the reason that the Chachamim prohibited selling a horse?

Answer (R. Acha quoting R. Tanchum bar Chiya): When the horse becomes old, the gentile will have it grind on Shabbos.

(R. Yosa bar R. Bun quoting R. Chuna): Ben Beseira and R. Nasan say the same thing, as the Beraisa states -

One who takes out a domesticated or wild animal or birds, whether alive or dead, he is liable (for the Melacha of Hotza'ah on Shabbos). R. Nasan says that he is liable for dead ones but not for live ones (as living beings carry themselves).

Question: Why do the Rabanan need to answer Ben Beseira (see (f)) that one cannot sell a horse to a gentile since it will be made to grind on Shabbos? Why not answer that the gentile will have the horse carry out birds?

Answer: They answered Ben Beseira that even according to his opinion (that a living being carries itself), it is still prohibited as the gentile will have it grind when the horse becomes old.

(Rebbe): I say that there are two reasons to prohibit it -

They will teach it to kill those that fall in battle.

They will make it work on Shabbos (like a large animal).

Support (Beraisa): A large wild animal is the same as a large domesticated animal (prohibited to sell to a gentile - as a large wild animal might be used by the gentile to kill).

This Beraisa follows Rebbi, but according to Chachamim, R. Bisna/Chanin bar Ba quoted Rav saying that there is no prohibition to cause a large domesticated animal to become a weapon - therefore, there is no prohibition to sell a large wild animal to a gentile; rather, it is like a small domesticated animal.