Yerushalmi Avodah Zarah 1:9 ירושלמי עבודה זרה א׳:ט׳

MISHNAH: In the Land of Israel²¹⁸As defined in Ševi‘it6:1. one does not lease houses to them and certainly not fields. In Syria²¹⁹All territory ruled over by David but not included in the Land proper; cf. Peah7:6 Note 119. one leases houses to them but not fields. Outside the Land one sells houses to them and leases fields, the words of Rebbi Meïr. Rebbi Yose says, also in the Land of Israel one leases houses to them but not fields; in Syria one sells houses and leases fields; outside the Land one sells both²²⁰The opinion of R. Yose is preeminent..

HALAKHAH: “One does not lease houses to them,” etc. ²²¹Babli 19b/20a. The entire theory built on Deut. 7:2 is Amoraic even though in the Babli it is supported by a baraita. Rebbi Ze‘ira in the name of Rebbi Yose ben Ḥanina, Rebbi Abba, Rebbi Ḥiyya²²²These are two parallel traditions, one in the name of R. Yose bar Ḥanina, the other in the name of R. Joḥanan. in the name of Rebbi Joḥanan: לֹא תְחָנֵּֽם²²³Deut. 7:2. The verse refers only to the original Canaanite inhabitants. do credit them with charm; לֹא תְחָנֵּֽם do not give them free gifts; לֹא תְחָנֵּֽם do not give them encampment in the Land²²⁴The different interpretations are based on reading the word as derived from the roots חנן, חנם, חנה. They will be discussed in the inverse order of the first quote.. But did we not state, “Rebbi Yose says, also in the Land of Israel one leases houses to them”? A house is not a source of blessing; a field is a source of blessing²²⁵Cf. Babli Menaḥot66b Tosaphot s. v.מירוח.. Rebbi Yose ben Rebbi Abun instructed that it is forbidden to let them lease a grave in the Land of Israel because of “do not give them encampment in the Land.²²⁶Since a permanent irrevocable lease is the equivalent of a sale.”

לֹא תְחָנֵּֽם do not give them free gifts. But was it not stated²²⁷Tosephta Pesaḥim2:15; Babli Eruvin64b, Lev. rabba37(3). There it is stated that he went from Acco to Akzib near the Lebanese border riding on a donkey and implied that it was the day after the end of Passover.: “It happened that Rabban Gamliel was walking on the road and saw a loaf of bread¹³²Greek κόλλιξ. thrown on the road. He said to his slave Tabi, pick up this loaf. He saw a Gentile coming towards him and said to him, Mabgai²²⁸Levy reads the name as derived from paganus, “village dweller”. It is possible to see here the root بجّ “to fatten animals” said of pasture., take this loaf. Rebbi Illai ran after him and asked him, what is your name? He told him, Mabgai. From where are you? He told him, from the guard-tower²²⁹From Latin burgus, watch lower at a limes, Greek πυργός “tower”. villages. Did Rabban Gamliel ever come to know you?, He told him, no. Rabban Gamliel had it right by the Holy Spirit. We learned from him three things. We learned that one does not pass over food. And that leavened matter of a Gentile is permitted immediately after Passover. And that one follows the majority of travelers²³⁰Since Tabi was circumcised and the time was just after the end of Passover, Rabban Gamliel riding on a donkey could not have asked his slave walking beside him to pick up a loaf of bread, and therefore acquiring it as ownerless, if he could not assume that it was lost by a Gentile since most of the travelers on that road were Gentiles. The road itself is described in Ševi‘it(6:1 Note 21) as being the border between Jewish Galilee to the East and pagan Phoenicia to the West. If the leavened bread had been the property of a Jew during Passover its usufruct would be permanently forbidden to Jews..” Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: That is, in earlier times. But today we pass over edibles because of sorcery²³¹Since abandoned food may be a health hazard, one is justified not to touch it..

²³²Found in the same sources as the preceding paragraph, Note 227.“When he was leaving Akzib there came a person to ask about his vow²³³Which according to Pharisaic tradition can be dissolved by an ordained rabbi; cf. Introduction to Tractate Nedarim, p. 422; Nedarim3:1 Note 7.. He asked his travel companion, would you say that we drank a quartarius²³⁴About 135 ml. of Italian wine? He said to him, yes. He told the person who asked, walk with us until we dissipate our wine. When they came to the Tyrian Ladder²³⁵Modern Rosh Hanniqra on the Lebanese border. Rabban Gamliel dismounted, covered himself²³⁶Wrapped himself in his toga., sat down, and dissolved his vow. From his words we learned that a quartarius of wine intoxicates and that travelling dissipates the wine. Also that one does not ask about vows and gives no instruction after drinking wine²³⁷For priests officiating in the Temple this is a biblical prohibition, Lev. 10:9–10.. Also one does not dissolve vows while walking but covered and sitting.” Rebbi Joḥanan said, so he opened for him: Some blurt out unthinkingly like sword piercing²³⁸Prov. 12:18. etc. For example, one who made a vow not [to eat] a loaf. Woe if he eats, woe if he does not eat. If he eats he violates his vow. If he does not eat he sins against himself²³⁹The nazir who vows to abstain from wine at the end of his period of abstinence has to bring a purification offering usually reserved for sinners. His sin is that he voluntarily deprived himself of permitted enjoyments; cf. Nedarim1:1 Note 95, Qiddušin4:12 Note 272.. What should he do? He should go to the Sages who will dissolve his vow as is written, but the sayings of the Sages are healing.

לֹא תְחָנֵּֽם do not credit them with charm. ²⁴⁰Babli 20a/b. A parallel (not a copy) is in Berakhot9:2, Notes 79–81. But was it not stated: It happened that Rabban Gamliel while walking on the Temple Mount saw a beautiful Gentile woman and recited a blessing over her. Does Rabban Gamliel usually look at women? It was a curved road, like a pswros²⁴¹The word is unexplained; perhaps ἐπίσυρμα “trail or track made by something dragged.” (E. G.), he looked at her because he could not avoid her. But did not Rebbi Ze‘ura in the name of Rebbi Yose ben Ḥanina, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan say: לֹא תְחָנֵּֽם do not credit them with charm? What did he say? He did not say ἀβάσκαντα²⁴²Greek “free from harm” Berakhot9:2, Note 79. but “praised be He Who has beautiful creatures in His world,” because even if one saw a beautiful donkey, a beautiful camel, a beautiful horse, one says “praised be He Who has such beautiful creatures in His world.”

Rebbi Simeon, Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: a Jewish braider should not braid a Gentile because of “do not give on them charm.” Also a Jew should not be a Gentile’s best man because of do not contract marriage with them.²⁴³Deut. 7:3. Rebbi Isaac from Gufta asked before Rebbi Mana: It is forbidden to go to their wedding feasts, not a fortiori to become his best man? He told him, to put a biblical prohibition on it²⁴⁵However the verse refers only to Canaanites, not Gentiles in general. The prohibition remains rabbinic..

²⁴⁶From here intermittently through fol. 43a line 7 there is a Geniza (G) text, in many places very fragmentary, edited by L. Ginzberg (New York 1909). From fol. 41d line 42 there exists a second Geniza text from the Antonin collection edited by J.N. Epstein (E), Tarbiz3 (1932) pp. 15–26, in addition to the Leiden ms. (L).
The present paragraph is a copy from Demay6:1 (ד) Notes 15–18. In the readings, a reference (G) means that the word is not completely preserved in G. Rabbi Simon had vineyard planters on King’s Mountain²⁴⁷A region conquered by King Yannai and part of the later Hasmonean kingdom, not settled by the earlier returnees from Babylonia. Cf. Demay5 Note 115, Ševi‘it9 Note 63. In Amoraic times it was settled only by Gentiles.
The text of the other two sources, “fields” is preferable over “vineyard planters”.. He asked Rebbi Joḥanan who told him, let them lie fallow and do not lease them to a Gentile. He asked Rebbi Joshua [ben Levi]²⁴⁸Added from ד and G, missing in L, required by the context., may one lease them to a Gentile? Rebbi Joshua [ben Levi]²⁴⁸Added from ד and G, missing in L, required by the context. permitted it at a place where no Jews could be found as for example Syria. About Syria we can understand from the following: Rebbi Ḥaggai went to Homs. Those of Bar Ashtor came and asked him: Since we cannot find Jews we lease to Gentiles;l do we have to tithe through them²⁴⁹The Gentile is not required to tithe. If he pays his rent in produce, is the landlord required to tithe? Produce in Syria has to be tithed only by rabbinic decree, twice removed from biblical duty. Since the Gentile acts on his own, not on behalf of the owner of the land, what he pays as rent is exempt Gentile produce.? He sent and asked Rebbi Ze‘ira. Rebbi Ze‘ira asked Rebbi Immi (and said to him, rabbi, does one have to tithe?)²⁵⁰Delete with ד and G. He told him, one does not have to tithe because of them. From this you (Rebbi Simeon)²⁵⁰Delete with ד and G. [understand]²⁵¹Add as reading of ד and G. to lease following Rebbi Yose. In addition, from what Rebbi Ḥanina (Rebbi Abbahu)²⁵⁰Delete with ד and G. the son of Rebbi Abbahu said, my father had a case. He sent and asked Rebbi Ḥiyya, Rebbi Yasa²⁵²Missing in G., Rebbi Immi, and they instructed him to lease following Rebbi Yose. Therefore one does not tithe through them²⁵³As explained in Note 249 there is no need to tithe. The only question is whether one should require them to tithe anyhow as a fine for leasing land to Gentiles, but since the lease is legitimate following R. Yose there is no reason for such a fine. The Babli agrees, 21a..