We do not sell them what is attached to the ground, [it being written (Deuteronomy 7:2): "velo techanem" ("Give them no resting") in the land]; but it may be sold when it is cut off. R. Yehudah says: One may sell it to him on condition that it will be cut. We may not rent them houses in Eretz Yisrael [(a decree to forestall selling them, a Torah prohibition)]; and it goes without saying [that it is forbidden to rent] fields, [where two prohibitions obtain, "resting" in the land and releasing the land from tithes.] And in Suria [Aram Tzovah, conquered by David, and not of the sanctity of Eretz Yisrael] it is permitted to rent them houses [and we do not decree against it to forestall selling. For even if he did sell he would not be in violation of a Torah prohibition, for "Give them no resting" is written only in respect to Eretz Yisrael. But it may not be sold ab initio, in order to forestall selling in Eretz Yisrael.] But fields may not (be sold) [because two prohibitions relate to them (see above).] And [far] outside of Eretz Yisrael [where selling is not to be decreed against to forestall selling in Eretz Yisrael], houses are sold to them and fields are rented, [but fields are not sold, because two prohibitions relate to them.] These are the words of R. Meir. R. Yossi says: In Eretz Yisrael houses are rented to them, but not fields. And in Suria houses are sold and fields rented. And outside Eretz Yisrael both are sold. [The halachah is in accordance with R. Yossi, provided that he does not rent to three gentiles together, so that he not make a neighborhood of gentiles.]
Bartenura on Mishnah Avodah Zarah
אבל מוכר הוא משיקוץ – that he should not sell it to him when it is attached [to the ground] but rather after it is cut away. But not all the while that it is attached. And the Torah stated (Deuteronomy 7:2): “And give them no quarter,” nor give them no chance of acquiring property (sell them no trees in the ground – see Talmud Avodah Zarah 20a).
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English Explanation of Mishnah Avodah Zarah
Introduction
This mishnah continues to discuss things that should not be sold to non-Jews. The first section lists things that shouldn’t be sold lest they be used for idolatrous purposes. The remainder of the mishnah discusses land and things attached to the land. These should not be sold to non-Jews lest they begin to dispossess the Jews of the land of Israel.
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Bartenura on Mishnah Avodah Zarah
אין משכירין להם בתים – it is a decree because of selling which is a prohibition from the Torah.
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English Explanation of Mishnah Avodah Zarah
One should not make jewelry for an idol [such as] necklaces, ear-rings, or finger-rings. Rabbi Eliezer says, for payment it is permitted. One should not make jewelry for idolaters lest they use them to decorate their idols. Rabbi Eliezer says that one may sell jewelry to them but not give it for free. This opinion is perplexing because usually if we are concerned that the actions of the Jew might encourage idolatry, the fact that he profits does not make it more permissible. There are some versions of the mishnah that do not include this line.
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Bartenura on Mishnah Avodah Zarah
ואצ"ל שדות – for there are two levels of prohibition: acquiring property and exempting them from tithes.
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English Explanation of Mishnah Avodah Zarah
One should not sell to idolaters a thing which is attached to the soil, but when cut down it may be sold. R. Judah says, one may sell it on condition that it be cut down. The mishnah now begins to discuss selling them land and things attached to the land. One should not sell them things attached to the land, such as trees, since this might give them a stake in the land as well. Once the item has been cut down, it is permitted. Rabbi Judah is more lenient and allows something to be sold while it is attached, as long as it is stipulated that it will be cut down.
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Bartenura on Mishnah Avodah Zarah
ובסוריא – Aram Sobah which [King] David conquered and is not holy like the holiness of the Land [of Israel].
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English Explanation of Mishnah Avodah Zarah
One should not let houses to them in the land of Israel; and it is not necessary to mention fields. In Syria houses may be let to them, but not fields. Outside of the land of Israel, houses may be sold and fields let to them, these are the words of Rabbi Meir. Rabbi Yose says: in the land of Israel, one may let to them houses but not fields; In Syria, we may sell them houses and let fields; Outside of the land of Israel, both may be sold. The first half of this section is Rabbi Meir’s opinion. He holds that one should not even rent houses to non-Jews in the land of Israel, lest he come to sell them as well. This is true of houses and even more true of fields, for with fields there is the added problem of tithes. Once a Jew sells his field to a non-Jew the field’s produce is not liable for tithing. In this way, the sale reduces the holiness of the field. In Syria, which is adjacent to Israel and was conquered by David but is not considered fully a part of Israel, we can be slightly more lenient. Houses may be rented to non-Jews, but fields still may not, because the produce grown in Syria is still subject to tithes. Outside of the land, a Jew may sell houses, but he still may not sell fields, lest by habit he come to sell fields in the land of Israel as well. On all of these cases, Rabbi Yose is slightly more lenient. Inside of Israel he allows the renting of houses, but not fields. In Syria he allows the sale of houses and the renting of fields and outside of the land, both may be sold. Note that he is still consistent in that the rules are more strict with fields than with houses. The major difference is that he does not rule more strictly in cases that should be permitted (such as selling fields outside of the land) but were forbidden by Rabbi Meir lest one come to sell something that really should not be sold.
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Bartenura on Mishnah Avodah Zarah
משכירין להם בתיים – and we don’t make the decree on account of selling and for alternatively, it would come to selling but he did not violate the Torah for just as it is written to not give them the chance to acquire property in the land of Israel, it is written, but however, ab initio not selling in the land of Israel because of selling of the land of Israel.
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Bartenura on Mishnah Avodah Zarah
אבל לא שדות – because there are two levels of prohibition.
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Bartenura on Mishnah Avodah Zarah
וח"ל – because of the distance, one cannot make a decree regarding selling for from there it does not lead to sale of the land of Israel.
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Bartenura on Mishnah Avodah Zarah
מוכרין בתים ומשכירין שדות – but not the sale of fields because there are two [levels of prohibition].
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Bartenura on Mishnah Avodah Zarah
רבי יוסי אומר כו'' -And the Halakha is according to Rabbi Yosi as long as one does not lease to three idolaters together so that they will not make a neighborhood of idolaters.
