Avodah Zarah 017

1:
Let us carefully distinguish between the two parts of our mishnah. The first part deals with jewellery while the second part deals with real estate. The first part deals with idols while the second part deals with idolaters.

2:
Our mishnah forbids a Jew to make jewellery that will end up beautifying an idol. In view of everything that we have learned so far this makes perfect sense. What is problematic is the statement attributed to Rabbi Eli'ezer that it is permitted to make jewellery for idols if payment is exacted! In the Gemara [AZ 19b] the Tosafists have this to say:

We should perhaps note that the phrase does not appear in the text of the Mishnah as given in the Talmud of Eretz-Israel nor is the ruling cited in the great halakhic codes.

3:
Before we move on to the second part of our mishnah we should, perhaps, clarify why Jews are forbidden to make anything that will beautify non-Jewish religious practices. The source is in two Hebrew words in the Torah [Deuteronomy 7:1-2]:

This instruction was, of course, never carried out as intended. But that is of no consequence to our present discussion. The Hebrew words 'show them no kindness' are explained by the sages in two senses, and each sense underlies each of the parts of our present mishnah. One interpretation by the sages derives the Hebrew words from a root meaning 'gracious'. According to this interpretation the Torah forbids Jews from making non-Jews and their idols beautiful. This clearly is the Torah basis for the first part of our mishnah: "grant them no terms and do not beautify them".

4:
The other interpretation of the Hebrew words is connected with a root meaning 'to camp'. According to this interpretation the Torah forbids Jews from granting non-Jews any rights in real-estate (camping) in Eretz-Israel. This will be explained later in this shiur.

5:
In Eretz-Israel a Jew may not sell to a non-Jew produce that is not yet reaped. This is because the Jew is required to donate a considerable amount of his produce to the priests, the Levites and the indigent. (For a detailed study of this issue see our study of Tractate Pe'ah.) A non-Jew is not so required. So if a Jew sells his produce to a non-Jew before it has been reaped he is depriving the needy of their fair share of God's bounty. The opinion of Rabbi Yehudah is recognised as halakhah: a Jew may make an advanced sale of his produce to a non-Jew on the understanding that the produce will not be delivered until it has been reaped and all dues required by Jewish law have been duly delivered to their appropriate addresses.

6:
We now come to the heart of our mishnah, the part that forbids granting non-Jews any rights in real estate in Eretz-Israel. A Jew is forbidden to transfer to a non-Jew any real estate in Eretz-Israel. This applies both to houses and to land, regardless of whether it was against payment or as a gift. It is interesting that this ruling is completely ignored by Rabbi Yosef Karo in his great halakhic compendium Shulĥan Arukh. In his great code, Mishneh Torah, Rambam does relate to it:

We should note firstly that Rambam limits this rule of the Torah to the original Canaanite inhabitants of Eretz-Israel and not to other non-Jews. (Rabbi Karo probably agrees with Rambam on this point and omits the ruling because it now has no practical application.)

In a later paragraph [AZ 10:4] Rambam explains that a Jew may not rent an apartment or a field to one of these Canaanites because he, the pagan, will inevitably bring his idols into the house which still belongs to the Jew. And a Jew may not sell his property to a Canaanite because the Torah forbids us to 'grant them camping rights'.

7:
"Syria" in our mishnah apparently refers to what is now called the Golan Heights. This territory was considered a kind of halfway house between Eretz-Israel and outside Eretz-Israel. Some of the laws which apply to Eretz-Israel are applied to these territories while others are not. And those that are applied are often applied in a less stringent manner. Thus the ruling becomes that in Eretz-Israel no real estate may be conveyed to a non-Jew neither by sale nor by lease; but in "Syria" houses may be leased out but not sold and fields may neither be leased out nor sold.

8:
However, the final halakhah is according to Rabbi Yosé who permits the leasing of houses in Eretz-Israel but not fields; in Syria houses may be sold and fields only leased; and outside Eretz-Israel these laws do not apply at all because the Torah said "When God brings you to the land."

9:
In modern times many people have sought to apply this rule to today's political situation: they claim that the Torah forbids ceding Jewish sovereignty over any part of Eretz-Israel to Arabs because of the law against granting real estate rights. However, it does seem that there is no real halakhic justification for this since Rambam makes it clear that the ruling applies only to "the seven Canaanite nations" and they are no longer in existence. Furthermore, all the great poskim (decisors) hold that the modern Moslem is not an idolater – as we have already seen on a couple of occasions. (My comment here has no political intention: it concerns only the halakhic basis of a political claim.)