Can a Jew Rent or Sell an Apartment to a Non-Jew in Israel? Issues in Israeli Society, CRNE 2018

(8) One may not make jewelry for purposes of idolatry: necklaces, nose rings, or rings. Rabbi Eliezer says: It is permissible to do so for a salary. One may not sell them produce that is connected to the ground. But it may be sold once it is picked. Rabbi Yehuda says: One may sell [unpicked produce] with an agreement that it will be picked. One may not rent them houses in the Land of Israel, and we need not even mention fields [which are certainly forbidden to rent]; and in Syria [conquered land North of Israel, treated like Israel only with regard to some laws], one may rent them houses, but not fields; and outside of the Land one may sell them houses and rent them fields; these are words of Rabbi Meir. Rabbi Yosei says: In the Land of Israel it is permitted to rent them houses but not fields; and in Syria it is permitted to sell them houses and rent them fields; and outside of the Land, one may sell them either one.

(9) Even in the cases in which they permitted renting out [to a non-Jew], they did not say this regarding permanent residence, for he will bring an idol into it, as it is said (Devarim 7:26): You shall not bring an abomination into your house. And one is always forbidden to rent him a [private] bathhouse, because it will still be called by his [the Jew's] name.

The source is that the verse states: “You should not show them mercy [lo teḥonnem]” (Deuteronomy 7:2), which is understood as meaning: You should not give them a chance to encamp [ḥanayah] in, i.e., to acquire land in, Eretz Yisrael.

The Gemara implies that this applies to all Nochrim, as the Gemara later also implies.

This is difficult. Lo Techanem is specifically referring to the seven nations who lived in Eretz Yisrael in Biblical times, as the Pasuk says, "And many nations will fall before you, the Chiti etc... Do not make a covenant with them and do not show them any favor, and do not marry with them." In Yevamos (76a), the Pasuk establishes this Pasuk as referring to the seven nations, who one cannot marry even if they convert....

Regarding all of these Pesukim, there is a good reason why they cannot be discussing any nation other than the seven nations. "Do not let any of these souls live" clearly cannot be referring to any nation other than the seven nations, as regarding the other nations that are captured the Pasuk says, "They will be to you for taxes, and they will serve you."

However, regarding giving them free presents and compliments, there is no reason to differentiate between other Nochrim and the seven nations.

However, there is a difficulty. Making a covenant with the Nochrim, stated next to "Do not show them favor," does not seem to be discussing the other nations. The Pasuk says regarding Shlomo and Chiram, King of Tzur, that they made a covenant with each other.

Additionally, the implication is that regarding all other nations, Bnei Yisrael were not warned regarding making a covenant. Regarding the Givonim the Pasuk states, "In my midst you sit. How can I make a covenant with you?" This implies that with other nations (who do not sit in Eretz Yisrael) it would be permitted!

"Do not make a covenant" is only referring to the seven nations.

There is a good reason for this, as indicated by the Pesukim. The Pasuk says, "And nations who are many and more mighty than you will fall before you, kill them, do not make a covenant with them." Being that when Eretz Yisrael was being captured by Bnei Yisrael, they are included in the prohibition, "Do not let live etc." when Eretz Yisrael is not being captured they are still included in not making a covenant with them.

Alternatively, these nations are heavily involved with idolatry (and we are therefore warned never to make a covenant with them), as opposed to idolaters from other nations

Do not give them place on your land. This means that one does not sell them houses or fields in Israel so that they will not acquire land. For if they do not acquire land their dwelling will only be temporary.

But this refers to the seven nations, as is the simple reading of the previous verse...And so too with the derashot that follow. But the Tosafot wrote that only the prohibition of making a covenant applies to the seven nation. But the other prohibitions are equal for all idolaters. They wrote this based on their own reasoning, but I think this is a very difficult interpretation. For there is no doubt that this verse deals with the seven nations as I wrote. And from it we can derive that all of the derashot are as well.

(7) A Ger Toshav -- He who has accepted the Seven Mitzvot of the sons of Noah, as we have explained -- it is prohibited to drink his wine, but it is permitted to derive benefit from it. And one may leave wine with him briefly, but not for a long time. And so too any Gentile who does not worship the stars and the constellations, such as the Ishmaelites, their wine may not be drunk, but one may derive benefit from it. And such instructed all the Geonim. But those who worship the stars and the constellations, one may not derive benefit from their wine.

And he should be careful from partnering with the Non-Jews (kutim); perhaps (the Kuti) will be forced to take an oath (agains him) and (the Jew) will violate, "(The names of other gods) should not be heard through your mouth." Rama: And some are lenient with partnering with Kusim these days because the Kusim of these times do not swear by idol worship. And even though they mention the foreign idol, nevertheless their intention is to the Creator of heaven and earth, except that they join the name of Heaven and (foreign gods). And we do not find that there is in this (a violation by the Jew of) "Before a blind person you shall not place a stumbling block," because the kusim are not enjoined regarding partnership (of God with idols).

(11) There are other things included in blasphemy (חילול השם) although they are not of themselves either among the mandatory or prohibitive commandments, as for example, when a great man, famed for his learning and piety, will do something that the public will suspect him on account thereof, even though such deeds be not transgressions, yet he has committed blasphemy, as for example: if he makes a purchase and does not pay for it at once,¹⁰Yoma, 86a. C. Baba Mezia, 83b. G. although he has the money and the vendors are claiming it and he delays them; or if he indulges in frivolity, or doth eat and drink with and among the ignorant,¹¹Pesahim, 49a. C. or if his speech with his fellow men be not polite, or if he does not receive them pleasantly, but acts as one looking for strife and shows anger. In such and like matters, all measured by the standard of the greatness of such scholar, he must take particular care, and act exceedingly better than the law requires. Conversely, if the scholar restrains himself, speaks politely to his fellow men, and when among them acts like one of them, and receives them pleasantly, takes abuse from them but never gives abuse to them in return, respects them, even those who do not respect him, acts in business honestly, does not remain in company with the unlearned, nor visits their assemblies, and is rarely seen otherwise than to be engaged in the study of the Torah, wrapt in the prayer-garment and adorned with phylacteries, and performs his duties exceedingly more than the law requires, provided he does not go to extremes and does not act so ridiculously, so that all praise him and love him and crave to imitate his actions, behold he doth sanctify the Lord (קידוש השם), and concerning him, the verse speaks, saying: "And He said unto me, thou art my servant, Israel, in whom I am glorified." (Is. 49.3).