Avodah Zara 16
Summary
- The sugya addresses whether one may sell shields and raw iron to ovdei kochavim, distinguishing between defensive items and items readily weaponized, and rules leniently on shields while forbidding raw iron uniquely suited for weapons, with a heter for selling to state forces that protect Jews. Rishonim analyze the Gemara’s “i efshar,” debate lifnei d’lifnei in providing materials later formed into weapons, and dispute whether that heter extends to animals, with the Ramban denying such an extension due to Shabbat-based concerns. The Mishnah and baraitot treat selling a shevurah and a horse, with Rabbi Yehuda permitting a shevurah, Ben Beteira permitting a horse, Rebbe forbidding a horse for two reasons, and halacha following Ben Beteira, while R. Akiva Eiger infers a precise formulation about “not chayav chatat” tied to a de’oraita 12 mil techum without a chatat. The Gemara queries selling a fattened ox, adduces practice from Beit Rabbi’s staged efforts to avoid idolatrous use, and acknowledges an ox can slim and become highly productive, with Rishonim framing the doubt based on buyer type and intention. The Mishnah then forbids selling dangerous animals and building public-harm venues but allows constructing general-use facilities except the avodah zarah chamber, with reasons grounded in lifnei iveir and lo ta’amod al dam re’echa. Finally, the status of a chayah gasah is set: for pirchus it is like a beheimah dakah, while for sale it aligns with a beheimah gasah, supported by a beraita and practical examples, and the chain of transmission for the pirchus ruling is traced to Rav Chama bar Guria in the name of Rav, with “pasya uchma” noted as a compliment.
- The baraita prohibits selling shields, and a yesh omrim permits selling terisin. The Gemara rejects equating defensive items with life-sustaining goods and distinguishes shields from wheat and barley, and it presents a rationale that terisin can become weapons when other arms run out. Rav Nachman amar Rabba bar Avuha rules like the yesh omrim that one may sell terisin because when arms are depleted the soldiers flee rather than weaponize shields.
- # Rishonim on “I Efshar,” Lifnei D’Lifnei, and the State-Force Heter
- Tosafot apply the heter to sell weapons to ovdei kochavim today because police and armies protect Jews, while the Mahari Shapira narrows it to institutional procurement rather than private sales. The Rambam (Hilchot Rotzeach 12) codifies that it is permitted to sell klei zayin to the state’s army because they protect Israel. The Ba’al HaMa’or extends this heter to selling horses and mules, and the Ramban rejects the extension since the issur of selling animals stems from Shabbat concerns, not the violence rationale that governs weapons.
- The Mishnah forbids selling calves and young donkeys, and a baraita states that Rabbi Yehuda permits a shevurah because it will not recover to live productively, while the Sages object that it could be used for breeding; Rabbi Yehuda answers it is not mekabelet zachar. Tosafot link shevurah to treifah but clarify that Rabbi Yehuda can hold a treifah is yoledet, whereas the Ritva separates shevurah from treifah by reading “lehitrappot velichyot” as healing of the wound rather than survival, and the Netziv questions equating shevurah with treifah.
- # Selling a Fattened Ox
- Rav Ashi cites Zvida bar Tura that once slimmed, the ox can work “one against two,” showing realistic future melachah potential. Tosafot, following Rabbeinu Tam’s assumption that stam sales to non-Jews are for shechitah, frame the doubt either because such an ox has extraordinary work potential (Ri), or the case is where the buyer explicitly seeks to fatten it (Rabbeinu Tam), and the Ritva limits the doubt to a buyer who is not a butcher.
- The Mishnah forbids selling bears, lions, and any public menace to ovdei kochavim, and it forbids building a basilki, gardom, itztadya, or bimah, while permitting construction of general-use structures like yomse’ot and bathhouses but prohibiting the avodah zarah chamber. The HaRam miLunil grounds the building prohibition in lifnei iveir due to bloodshed among non-Jews and also in lo ta’amod al dam re’echa because Jews could be harmed, and Rashi and the Ran emphasize preventing Jewish capture.
- # Large Wild Animal: Sale Status and Pirchus Standard
- A beraita states explicitly that just as one may not sell a beheimah gasah, so too one may not sell a chayah gasah, even where beheimah dakah is sold, which is a tiyuvta against Rav Chanan’s leniency on sale. Ravina frames and resolves the contradiction between the Mishnah and the beraita using the ari shevur and Rabbi Yehuda, while a suggestion that an ari might be a chayah dakah is neutralized by Rav Ashi’s close reading. Abaye reports that a wild donkey was used to grind in Bei Mar Yochani, proving a chayah gasah can perform melachah and thus is restricted like a beheimah gasah for sale.
- Rav Zeira relates that he received the rule “a chayah gasah is like a beheimah dakah for pirchus” from a “great man,” later finding it taught in the name of Shmuel and also in the name of Rav. Rav Asi then reports it explicitly from Rav Chama bar Guria in the name of Rav, and the two lines of transmission are reconciled into a complete chain. “Pasya uchma” is used by Rav Asi as a compliment to a talmid chacham whose constant toil in Torah shows in his blackened garments, as Rashi explains.
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