Monday 5 February 2018

Avodah Zara 21: Renting, Selling, Gentiles, Kutim, Mezuzot, Houses, Fields

A new Mishna teaches that we may not sell or rent houses to Gentiles wishing Eretz Yisrael, and all the more so, fields are off limits.  In Surya it is permitted to rent houses only.  Outside of haAretz we may rent or sell houses and rent fields.  Rabbi Yosi says that in Erez Yisrael we are permitted to rent but not sell houses and we may not even rent fields.  Further, in Surya we are permitted to sell houses and rent fields, and outside of HaAretz we are permitted to sell houses and fields.  When we rent houses, we are forbidden to rent to Gentiles who would bring idols with them.  Finally, in all places we are not permitted to rent bathhouses to Gentiles, for they are called "the Yisrael's bathhouse" and thus Gentiles will think that Jews authorized heating water on Shabbat.

The gemara considers the mitzvah of mezuzah.  It is only required by Jews who live in a home; a mezuza is not a mitzvah on the house.  Thus no laws are uprooted if a Gentile lives in a house owned by a Jew with or without a mezuza.  Forbidding renting to a Gentile might be a decree rather than a halacha.  The rabbis note that we should note whether we are potentially uprooting one or two forbidden practices when we consider questions of sale and rental.  We also learn that a neighbourhood is considered to be an area including at least three people.  The rabbis are wary of promoting a Gentile neighbourhood on Jewish land.

The rabbis speak about the concept of renting and selling.  Some rabbis agree that one should never rent to a Gentile, regardless of the place.  Others, like Rabbi Yosi, permit Jews to rent houses in any place.

In their discussion of bathhouse rentals, the rabbis question whether or not we are permit to rent to Kutim.  The quick answer is yes, for Kutim work on chol haMo'ed and even Jews heat water for bathing on those intermediate days of the Festivals.  

At the end of our daf, the rabbis express their concern about people believing that Jews are breaking halachot if Gentiles or Kutim are permitted to work their fields, live in their houses, etc.  The creation of halachot through interpretation of verses is also informed by the rabbis' fear of both violence and assimilation.  Judaism is exclusionary.  Talmudic debate that is concerned with Jewish continuity has strengthened that isolationist leaning.

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