- Renting houses or fields to idolators in Eretz Yisroel
In the next Mishnah, Rebbe Meir says: אין משכירין להם בתים בארץ ישראל – we may not rent houses to them in Eretz Yisroel, ואין צריך לומר שדות – and it goes without saying that fields may not be rented to them there. Rebbe Yose says we may rent houses to them in Eretz Yisroel, but not fields. Rebbe Meir’s language indicates that the prohibition against renting fields is more severe than that of renting houses. This is because renting fields may lead to selling them, which would involve two transgressions: חדא חניית קרקע – one, giving the עכו"ם a holding in the land, וחדא דקא מפקע לה ממעשר – and another, that it removes [the field] from maaser obligations. The Gemara objects that selling a house also involves a second transgression, by removing the house from its mezuzah obligation!? Rav Mesharshiya answers: מזוזה חובת הדר הוא – mezuzah is the obligation of the one living in the house, not an obligation on the house, so the עכו"ם’s purchase does not remove any obligation. Rebbe Yose only prohibits renting them fields, whose selling involve two prohibitions, but permits renting houses, which involves only one.
- Selling and renting properties in סוריא
In the Mishnah, Rebbe Meir permits renting out houses in סוריא, but not selling them (and prohibits renting fields). Renting in Eretz Yisroel itself is only Rabbinically prohibited (to avoid selling there), so renting in סוריא would be a גזירה לגזירה – a second decree protecting a first decree, which we do not do. The Gemara asks why Rebbe Meir prohibits renting fields in סוריא, which is also presumably a גזירה לגזירה!? It answers that Rebbe Meir holds כיבוש יחיד שמיה כיבוש – an individual’s conquest is a legal conquest, i.e., Dovid’s discretionary conquest of סוריא gave it a status of Eretz Yisroel. Therefore, selling property in סוריא is forbidden מדאורייתא, and renting is a single גזירה. Rebbe Meir only makes this גזירה for renting houses, whose selling would involve two transgressions. Rebbe Yose permits selling houses and renting fields in סוריא. He holds כיבוש יחיד is not considered כיבוש. Therefore, selling fields there is only forbidden as a גזירה, and renting is permitted. Selling houses, which would only carry one transgression in Eretz Yisroel, is permitted in סוריא.
- The prohibition to rent a מרחץ to an עכו"ם because of מלאכה on Shabbos
In a Baraisa, Rabban Shimon ben Gamliel says: לא ישכור אדם מרחצו לעובד כוכבים – a person may not rent his bathhouse to an idolator, מפני שנקרא על שמו – because it is known by his name (i.e., people know it belongs to the Jew), and the עכו"ם will do מלאכה in it on Shabbos and Yom Tov, which people will assume the Jewish owner instructed him to do for him. The Gemara infers that one may rent his field to an idolator, because people who see him doing מלאכה in the field on Shabbos will (mistakenly) assume אריסא אריסותיה קעביד – he is a sharecropper performing his sharecropping obligations. This arrangement would be permitted, although the Jew would benefit from the field’s produce, since the עכו"ם is working for his own benefit (his share of the crop). Renting a bathhouse is prohibited, because sharecropping arrangements are not commonly made with a bathhouse, so people will assume the עכו"ם is a hired worker. Rebbe Shimon ben Elazar does not hold people will assume an עכו"ם working in a field is an אריס. Still, he permits renting a field to an עכו"ם, because he can be told not to work in it on Shabbos and will obey.