1)
(a)Rebbi Meir in our Mishnah forbids renting out a house to a Nochri in Eretz Yisrael. How about a field?
(b)What is the reason for this prohibition?
(c)What will be the equivalent Din ...
1. ... in Syria?
2. ... in Chutz la'Aretz?
(d)Rebbi Yossi permits renting a Nochri a house in Eretz Yisrael (but not a field), and in Chutz la'Aretz even selling him a field. What does he hold with regards to Syria?
1)
(a)Rebbi Meir in our Mishnah forbids renting out a house to a Nochri in Eretz Yisrael - how much more so a field (as will be explained in the Sugya) ...
(b)... in case one comes to sell it to him, which is Asur min ha'Torah (because of "Lo Sechanem", as we discussed earlier).
(c)The equivalent Din ...
1. ... in Syria will be - a field no, a house, yes.
2. ... in Chutz la'Aretz - everything is permitted, except for selling him a field.
(d)Rebbi Yossi permits renting him a house in Eretz Yisrael, and in Chutz la'Aretz even selling him a house (but not a field). With regards to Syria - he permits even selling him a house, but only renting him a field.
2)
(a)How does the Tana qualify renting a house to a Nochri, even where it is permitted?
(b)What do we learn from the Pasuk in Va'eschanan "ve'Lo Savi So'eivah el Beisecha"?
(c)Why is renting a Nochri a bathhouse never permitted?
2)
(a)The Tana qualifies renting a house to a Nochri, even where it is permitted - by confining it to non-residential use.
(b)We learn from the Pasuk "ve'Lo Savi So'eivah el Beisecha" - the Isur of renting him a house for residential purposes, because we are afraid that he will bring Avodah-Zarah into a Jewish home (in which case the owner will have contravened this Isur).
(c)Renting a Nochri a bathhouse is never permitted - because it always bears the name of the owner, and people who see it being heated up on Shabbos, will suspect that he is a Shali'ach of the owner who is doing it on his behalf.
3)
(a)Which Isur do both selling a Nochri a house and selling him a field share?
(b)Which additional Isur pertains to selling him a field?
(c)How does Rav Mesharshaya explain why, by the same token, a house does not also have the additional Isur of depriving it of the Mitzvah of Mezuzah?
(d)From which Pasuk in va'Eschanan do we learn this?
3)
(a)The Isur that both selling a Nochri a house and selling him a field share is - Chanayas Karka (a branch of "Lo Sechanem").
(b)The additional Isur that pertains to selling him a field is that - that of depriving it of the Mitzvah of Ma'asros.
(c)Rav Mesharshaya explains that by the same token, a house does not also have the additional Isur of depriving it of the Mitzvah of Mezuzah - because, unlike a field, which is Chayav to be Ma'asered (irrespective of who lives there [see Tosfos DH 'Ha'), a house that is inhabited by Nochrim, is Patur from Mezuzah.
(d)We know that - from the Pasuk in va'Eschanan "u'Chesavtam al Mezuzos Beisecha", which Chazal Darshen as 'Derech Bi'ascha' (the way you enter the house, thereby confining the Isur to the person who enters the house).
4)
(a)Rebbi Meir forbids selling a house to a Nochri in Syria in case one comes to do the same thing in Eretz Yisrael. Why does he then permit renting it to him?
(b)How do we query this answer from the Din of renting him a field in Syria?
(c)How do we answer the Kashya, based on the status of Syria?
(d)And why does Rebbi Meir then forbid selling him a field in Chutz la'Aretz, but not a house?
4)
(a)Rebbi Meir forbids selling a house to a Nochri in Syria in case one comes to do the same thing in Eretz Yisrael. He permits renting it to him however - because forbidding it would constitute a Gezeirah li'Gezeirah (1. Syria, 2. renting).
(b)We query this answer however, from the prohibition of renting a Nochri a field in Syria - which is also a 'Gezeirah li'Gezeirah'.
(c)And we answer the Kashya - by attributing the basic Isur of selling fields and houses in Syria to the fact that David ha'Melech captured it, and Rebbi Meir holds 'Kibush Yachid Sh'mei Kibush' see Tosfos DH 'Kibusg Yachid'), thereby giving Syria the Kedushah of Eretz Yisrael). Consequently, the Tana decrees renting a Nochri a field there, which is forbidden because one deprives it of the Mitzvah of Ma'asros (as we explained).
(d)And Rebbi Meir goes on to decree selling him specifically a field in Chutz la'Aretz - for the same basic reason.
5)
(a)Why does Rebbi Yossi forbid renting a Nochri a field in Eretz Yisrael, but not a house?
(b)And why in Syria, does he ...
1. ... forbid the sale of a field but permit the sale of a house?
2. ... permit renting a field in Syria? In which point does Rebbi Yossi disagree with Rebbi Meir?
(c)And why does he limit the prohibition of selling a field to Syria? Why does he not extend it to the rest of Chutz la'Aretz?
(d)Like whom does Rav Yehudah Amar Shmuel rule?
5)
(a)Rebbi Yossi forbids renting a Nochri a field in Eretz Yisrael, but not a house - because, in his opinion, Chazal only decreed there on a field, which constitutes two Isurim (as we explained), but not on a house, which only constitutes one.
(b)In Syria, he ...
1. ... forbid the sale of a field - which constitutes two Isurim but permits the sale of a house - which constitutes only one Isur.
2. ... permits renting a field in Syria, because he maintains that 'Kibush Yachid Lo Sh'mei Kibush', which renders the basic Isur in Syria de'Rabbanan, in which case forbidding renting would constitute a 'Gezeirah li'Gezeirah'.
(c)And the reason that he limits the prohibition of selling a field to Syria is - because of its proximity to Eretz Yisrael.
(d)Rav Yehudah Amar Shmuel rules like - Rebbi Yossi.
6)
(a)How does Rav Yosef qualify the Heter to sell a house to a Nochri in Syria or in Chutz la'Aretz? What is a Shechunah?
(b)Why are we not afraid that, after selling a large property to a Nochri, he will go and re-sell two-thirds of it to two more Nochrim?
(c)We learned in our Mishnah 'Af be'Makom she'Amru Le'haskir, Lo le'Beis Dirah Amru ... '. Why must the author of this S'tam Mishnah be Rebbi Meir?
6)
(a)Rav Yosef qualifies the Heter of selling a house to a Nochri in Syria or in Chutz la'Aretz - by forbidding the formation of a Shechunah (comprising three houses) of Nochrim..
(b)We are not afraid that, after selling a large property to a Nochri, he will go and re-sell it to two more Nochrim - because of the principle (that we already discussed earlier) 'a'Lifnei Mefakdinan, a'Lifnei de'Lifnei Lo Mefakdinan'.
(c)We learned in our Mishnah 'Af be'Makom she'Amru Le'haskir, Lo le'Beis Dirah Amru ... '. The author of this S'tam Mishnah be Rebbi Meir - because of the implication that there are places where renting a house to a Nochri is forbidden (in Eretz Yisrael), whereas according to Rebbi Yossi, renting him a house is permitted everywhere.
21b----------------------------------------21b
7)
(a)The author of our Mishnah forbidding renting one's bathhouse to a Nochri under any circumstances, is Rabban Shimon ben Gamliel, who elaborates in a Beraisa. What reason does he give for this prohibition?
(b)What can we extrapolate from the fact that he mentions specifically ...
1. ... a Nochri? Whom does this preclude?
2. ... doing work on Shabbos and Yom-Tov?
(c)What is the reason for the distinction between a Nochri and a Kuti? Why are we not afraid that the Kuti will heat the water on Shabbos and Yom-Tov?
7)
(a)The author of our Mishnah forbidding renting one's bathhouse to a Nochri under any circumstances, is Rabban Shimon ben Gamliel, who elaborates in a Beraisa, and his reason (based on the fact that it is still called after the owner's name) is - because the Nochri will heat it on Shabbos and Yom-Tov.
(b)We can extraplolate from the fact that he mentions specifically ...
1. ... a Nochri - that one may rent it to a Kuti.
2. ... doing work on Shabbos and Yom-Tov - that one may rent it to him on Chol-ha'Mo'ed.
(c)The reason that we are not afraid that the Kuti will heat the water on Shabbos (like we are by a Nochri) is - because we are not afraid that a Kuti (who is known to observe all Torah prohibitions meticulously) will do Melachah on Shabbos and Yom-Tov.
8)
(a)We query this however, in that why is it not nevertheless forbidden to rent him the bathhouse in case he heats it on Chol ha'Mo'ed? Why should Chol ha'Mo'ed be more stringent in this regard than Shabbos and Yom-Tov?
(b)What do we answer?
(c)Renting a field to a Nochri in Chutz la'Aretz however, is permitted. Why are we not afraid that there too, people will suspect the owner of having hired Sheluchim to work for him on Shabbos?
(d)Then why will they not say the same with regard to a bathhouse?
8)
(a)We query this however, in that why is it not nevertheless forbidden to rent him the bathhouse in case he heats it on Chol ha'Mo'ed - which is only an Isur de'Rabbanan, which the Kutim do not observe.
(b)And we answer that - it will not matter even if the Kuti does heat the water on Chol ha'Mo'ed, seeing that it is permitted on Chol-ha'Mo'ed anyway when it is Tzorech ha'Mo'ed.
(c)Renting a field to a Nochri in Chutz la'Aretz however, is permitted. We are not afraid that there too, people will suspect the owner of having hired Sheluchim to work for him on Shabbos - because they are more likely to assume the Nochri to be an Aris (a share-cropper [which is common]), who is basically working for himself.
(d)They will not say that however, with regard to a bathhouse - because people do not tend to rent out their bathhouses on Arisus.
9)
(a)On what grounds does Rebbi Shimon ben Elazar in another Beraisa forbid renting a field to a Kuti?
(b)This implies however, that one may rent it to a Nochri. Why can the reason for that not be because people will assume him to be an Aris, who is working basically for himself?
(c)Then what is the reason for the Heter with regard to a Nochri?
(d)Why do we not then say the same with regard to a Kuti?
9)
(a)Rebbi Shimon ben Elazar in another Beraisa, forbids renting a field to a Kuti - because (based on the fact that the field remains on the name of the owner) he is afraid that the Kuti will work it on Chol ha'Mo'ed (and people will suspect the owner of having hired him to do so).
(b)This implies however, that one may rent it to a Nochri, not because people will assume him to be an Aris, who is working basically for himself - since it would then be permitted to rent it to a Kuti too (as we explained earlier), but ...
(c)... because if one stipulates with the Nochri that he is not to work the field on Shabbos, Yom-Tov and Chol-ha'Mo'ed, he will abide by it.
(d)We cannot say the same with regard to a Kuti however - because when it comes to Chol-ha'Mo'ed, he will disregard any condition, claiming that he knows better (that it is permitted).