פירוש על פסחים 4:3

מקום שנהגו שלא למכור – since they were stringent upon themselves perhaps they would come to see a large [animal].

Introduction This mishnah discusses the prohibition of a Jew from selling animals to non-Jews, lest the non-Jews use them for work on the Sabbath. [This same mishnah appeared in Avodah Zarah 1:6. ]

ובכל מקום אין מוכרים להם בהמה גסה – since the Rabbis made a decree lest a person lend out or rent his animal to idolaters, and a person is commanded on resting of his animal. Alternatively, sometimes that he sells it on the eve of the Sabbath (i.e., Friday) at dusk and the Jew cries to it (i.e., the animal) in order that it should go before the purchaser and she reis animal on Shabbat recognizes his (i.e., the former owner’s) voice and she goes from his anger, and it is found that he directs a laden beast’s motions by walking behind it on Shabbat.

In a place where it is the custom to sell small domesticated animals to non-Jews, such sale is permitted; but where the custom is not to sell, such sale is not permitted. The Torah teaches on several occasions that an animal must rest on the Sabbath (see for instance Exodus 20:9). Our mishnah prohibits a Jew from selling an animal to a non-Jew, lest the non-Jew use the animal for work on the Sabbath. Small animals, such as sheep and goats, are not used for work. Therefore in a place where it is customary to sell them to non-Jews it is permitted to do so. In other places it was customary not to sell even small animals to non-Jews, lest the Jew become confused and sell them large animals, which is prohibited in all places.

עגלים וסייחין – small, even though they are not doing work, they are exchanged through the sale of larger animals and broken animals are exchanged with the sale of whole animals.

In no place however is it permitted to sell large animals, calves or foals, whether whole or maimed. It is forbidden in all places to sell large animals, such as oxen and horses, to non-Jews since they will be used to perform work on the Sabbath. Even though once the non-Jew buys the animal it is no longer a “Jewish” animal and hence the Shabbat prohibitions apply to it, the mishnah still prohibits the sale because sometimes a Jew might give the animal for a trial period and then the non-Jew might return it. In such a situation, the animal still belongs to the Jew and should not work on Shabbat. The prohibition of selling animals includes calves and foals, even though they do not usually perform work.

רבי יהודה מתיר בשבורה – that is never capable of working ever. But calves and foals, he admits, that since when they grow, they are capable of working. But the Halakha is not according to Rabbi Yehuda.

Rabbi Judah permits in the case of a maimed one. Rabbi Judah allows one to sell injured animals to non-Jews since they are clearly being purchased for their meat and not in order to do work.

בן בתירא מתיר בסוס – since it stands for riding and the living carries itself, but the Halakha is not according to Ben Beteyra. But via middleman, it is permitted to sell it to an idolater when the owners are not found there at the time of the sale, for one should not suspect lest he lend it out or rent it for it is not his. And lest she should go on the strength of his voice and he is found that he directs a laden beast’s motions for that also, one should not suspect, for she doesn’t recognize his voice.

And Ben Bateira permits in the case of a horse. Ben Bateira allows the sale of a horse since horses are used for riding, which is not considered by the Rabbis to be work. Pulling plows, a work performed by oxen is considered work.