1)

(a)We refute the suggestion ...

1. ... that selling a large animal to a Nochri is forbidden because he may work with it on Shabbos - because a Nochri is permitted to work his animal on Shabbos.

2. ... (initially) that it is forbidden because one might come to lend it or rent it to him - because the Nochri acquires the animal for the duration of the loan or the rental, in which case it is his own animal that is working, which is permitted, as we just explained.

(b)Rami b'rei de'Rav Yeiva therefore concludes that the prohibition is based on 'Nisyoni' - it might happen that the Nochri purchases the animal just as Shabbos is due to enter, and to prove the animal's worth, the owner calls it in the street, causing it walk with a load on its back, involving 'Mechamer Achar Behemto' on Shabbos, which the Torah forbids.

(c)The punishment for 'Mechamer Achar Behemto' on Shabbos - is Chatas be'Shogeg (and Kareis be'Meizid [according to some opinions] see Tosfos DH 've'Sham'ah').

2)

(a)Rav Shisha b'rei de'Rav Idi queries Rami b'rei de'Rav Yeiva from a Mishnah later which permits renting a house to a Nochri in Chutz la'Aretz, but not for residential purposes - because we are afraid that he may bring Avodah-Zarah into the house ...

(b)... from which he tries to prove that - 'Sechirus Lo Koneh' (renting does not acquire).

(c)We refute his Kashya however - based on the Pasuk in Va'eschanan "ve'Lo Savi So'eivah el Beisecha", rendering Avodah-Zarah particularly stringent, thereby justifying the prohibition even if Sechirus is Koneh.

3)

(a)The Mishnah in T'rumos rules that ...

1. ... a Yisrael who hires a cow from a Kohen - may feed it Terumah.

2. ... a Kohen who hires a cow from a Yisrael - may not ...

(b)... a clear proof - that Sechirus is not Koneh (and the animal remains in the domain of the owner).

(c)We know that She'eilah (borrowing) does not acquire either - since it is evident from the Sugya that She'eilah and Sechirus share the same status in this regard; so if Sechirus is not Koneh, She'eilah is not Koneh either.

(d)The conclusion of the Sugya is - that selling a large animal to a Nochri is forbidden - because of She'eilah, because of Sechirus and because of Nisyoni.

4)

(a)Rav Ada permitted the sale of a donkey through an agent. He was not afraid of ...

1. ... Nisyoni - because the animal would not have recognized the agent's voice in the short time that he had it.

2. ... She'eilah or Sechirus (besides the fact that the agent did not have a mandate to lend or rent out the animal) - because, since his contract was to sell the animal, he would avoid lending or hiring it out, so as to prevent its blemishes from becoming known.

(b)When Rav Chisda queried Rav Huna's sale of a cow to a Nochri - the latter replied that - one may rely on the likelihood of the Nochri having purchased it as food (and not for work) ...

(c)... and he restricts the Mishnah's prohibition of selling a large animal - either to a non-Kasher animal (which is basically designated for working and not for eating), or where the Nochri specifically mentions that he does not intend to slaughter it.

5)

(a)In the Mishnah in Shevi'is, Beis Shamai forbid selling a cow that is designated for plowing - to someone who is suspected of plowing in the Sh'mitah.

(b)Beis Hillel permit it - because one may rely on the possibility of the purchaser Shechting the cow to use as food.

(c)We cite this Mishnah - as the source for Rav Huna's previous ruling, permitting a sale which would otherwise be forbidden.

(d)Rabah (or Rava) rejects the proof from there however on the grounds that - Shevi'is is less stringent to begin with, inasmuch as there is no Isur of 'Shevisas Behemto' (a prohibition for one's animal to work) like there is on Shabbos.

6)

(a)Abaye counters Rabah's Kashya with a Beraisa (regarding the sale of a field, which, unlike a cow, is subject to 'Shevisah' in the Sh'mitah), where once again, Beis Shamai forbid the sale of a plowed field in the Sh'mitah-year - because the purchaser is then likely to plant in it.

(b)Beis Hillel permit it - because of the possibility that the purchaser will leave it fallow that year.

(c)Rav Ashi cites a Mishnah in She'vi'is, which lists a plow-share and all its accessories among the implements that one may not sell to someone who is suspected of breaking the laws of Sh'mitah - from which we see that we do not always rely on a Tzad Heter even where there is no Isur of 'Shevisah' (contrary to Rabah's S'vara).

7)

(a)Rav Ashi therefore draws the conclusion that - whenever there are good grounds to rely on a Tzad Heter, the sale is permitted, and whenever there are not, it is forbidden (irrespective of whether there is an Isur Sh'visah or not) ...

(b)... and the reason that Beis Hillel permits selling a plowed field to a suspect in the Sh'mitah is - because a field is a good investment, and a person is quite likely to purchase one that becomes available, even though he cannot make use of it until the following year.

(c)The only case out of the above, which is forbidden because there is nothing on which to rely is - that of the plowing implements in the Sh'mitah.

8)

(a)When Abaye ...

1. ... queried Rabah about his sale of a donkey to someone who was suspected of selling such items to Nochrim, he replied that - he had after all, sold it to a Yisrael.

2. ... asked him why he was not concerned that the Yisrael would sell it to a Nochri, he replied that - he might just as well sell it to a Yisrael.

(b)Abaye then queried him from a Beraisa, which ...

1. ... forbids leaving animals with Nochrim in their inns or handing them to their shepherds, irrespective of whether one leaves a male animal with a woman and a female animal with a man, or vice-versa, but ...

2. ... permits it regarding Kutim in their inns and with their shepherds ...

(c)... because whereas Nochrim are suspect of bestiality, Kutim are not.

(d)Another Beraisa permits selling a small type of animal to a Kuti, subject to Minhag - implying that one may not sell him a large animal.

9)

(a)The Beraisa forbids being alone with a Nochri and giving one's children to him for schooling or to teach them a trade - because he is suspected of murder.

(b)In addition, he forbids the latter - because they are also suspected of homosexuality.

(c)All of the above - are permitted with regard to Kutim.

10)

(a)The Tana forbids ...

1. ... selling to a Nochri weapons and their handles ...

2. ... sharpening his weapons, or selling him ...

3. ... stocks, fetters and chains.

(b)... because he is suspected of murdering Jews or trying to do them bodily harm.

(c)The Beraisa lists Kutim together with Nochrim in connection with the above prohibitions, despite the fact that Kutim are not suspect on murder (as we learned above) - because they are suspected of selling these things to Nochrim.

(d)Abaye has proved from this Beraisa - that once a person is suspected of selling, we contend with the possibility that he will sell to a Nochri, and do not rely on the fifty per cent chance that he will sell to a Yisrael (like Rabah maintained).

11)

(a)We try to refute Abaye's Kashya on Rabah however, by differentiating between Kutim and Yisre'elim who are suspect, inasmuch as - the above only pertains to Kutim, who will not do Teshuvah, but not to Yisre'elim who are suspect, who will.

(b)But we repudiate this distinction with a statement of Rav Nachman Amar Rabah bar Avuhah - who places a Yisrael who is suspect on a par with a Nochri, as regards selling to him things that are forbidden.

(c)We therefore conclude that - Rabah was not justified in selling his donkey to the suspect Yisrael.

(d)Rabah reacted to this - by running three Parsah (twelve Mil [some say one Parsah in the sand]) after the Yisrael who had purchased his donkey (to persuade him to sell it back to him) ...

(e)... but he did not succeed in catching him.

12)

(a)Rav Dimi bar Aba - compared selling to a Jewish robber to selling to a Nochri.

(b)The problem with this ruling is that - 'Mah Nafshach', if he is suspected of killing (meaning that he has killed before), then it is obvious; and if not, then why should one not sell to him?

(c)So we establish it - where he has killed before, but where he is a grab and run robber, who sometimes has to defend himself against his pursuers, and the distinct possibility exists that he will kill is constantly present.

(d)The Tana Kama in a Beraisa forbids selling a Nochri, shutters - because he may use them to defend himself and keep himself alive.

(e)It is nevertheless permitted to sell them wheat and barley (despite the fact that it too, keeps him alive) - because refusing to sell them such basic commodities is bound to lead to enmity (and revenge).

13)

(a)Yesh Omrim - permits selling them shutters.

(b)The reason the second Lashon gives for the prohibition is - because should their conventional store of weapons run out in the course of battle, they will use the shutters.

(c)According to the Yesh Omrim however, once their store of weapons runs out, they flee from the battlefield.

(d)Rav Nachman Amar Rabah bar Avuhah - rules like the Yesh Omrim.

14)

(a)Rav Ada bar Ahavah forbids selling them thick lumps of iron - for fear that they melt them down to manufacture weapons.

(b)Rav Z'vid then explained the fact that one is permitted to sell them gardening implements, such as hoes and adzes - by confining the prohibition to Indian iron, which was only used to manufacture weapons.

(c)They permitted selling all of the above to the Persians - because they would only use them to protect the town (including the jewish inhabitants) from the enemy.