Avodah Zarah 21b — the Talmud in English

And

it follows that the concluding clause of the Mishna is taught

an unattributed [Mishna] according to Rabbi Meir.

For according to his view, there are places where it is permitted to rent out, but not in all places, for in the Land of Israel it is forbidden to rent out houses.

For if [it is] Rabbi Yosei, [then] everywhere,

even in the Land of Israel,

renting out,

it is permitted to rent out houses; and why did the Mishna state the wording, “and in a place where they said to rent out”?

Rather, it follows that our Mishna is an unattributed Mishna, and [it is] according to Rabbi Meir.

We learned in our Mishna:

“And in every place, he may not rent out the bathhouse to him, because it is called by his name.”

And the Gemara brings a beraita dealing with renting a bathhouse to a gentile.

It was taught: Rabban Shimon ben Gamliel says: A person may not rent out

[rent]

his bathhouse to a gentile. Because

the bathhouse

is called by his name

of the Jew,

and this gentile—

performs work in it on Shabbatot and festivals.

And one who sees the bathhouse attendants heating water on Shabbat will say that they are the agents of the Jew.

And the Gemara infers from the fact that Rabban Shimon ben Gamliel prohibited renting it to a “gentile,” but did not also prohibit renting it to a “Kuti” — that Rabban Shimon ben Gamliel holds that it is permitted to rent a bathhouse to a “Kuti”—

The Kutim, as explained, are a people who lived in the Land of Israel, and according to several tannaim they converted, and their status is like that of Jews, although they did not observe the laws of Israel in every respect, but only partially.

But with regard to a Kuti, what [is the law]?

What is the law?—

It is permitted.

It is permitted to rent a bathhouse to him, because

a Kuti, say

when

does he perform work in it? On the intermediate days of the festival—

For the Kutim are not suspected of heating water on Shabbat; and if they were suspected of transgressing the labors of Shabbat, it would indeed be forbidden to rent a bathhouse to them. It is only that the Kutim do not heed the exposition that the Sages expounded to prohibit performing certain labors on the intermediate days of the festival. Therefore, the entire concern not to rent a bathhouse to them is lest they come to heat it on the intermediate days of the festival. But there is no concern about this, for this matter is permitted, since

on the intermediate days of the festival—

we too perform [it],

we, too, the children of Israel, are permitted to heat bathhouses on the intermediate days of the festival; therefore, it is permitted to rent it to them.

And they further infer from the words of Rabban Shimon ben Gamliel:

From the fact that he prohibited a “bathhouse,” it follows:

but

to rent out

his field to a gentile,

[such as outside the Land of Israel, where renting out a field was not prohibited on account of “You shall not show them favor,”]

what [is the law]?

What does Rabban Shimon ben Gamliel hold?—

It is permitted

It is permitted.

For he prohibited only a “bathhouse,” and not a “field.”

What is the reason?

Why is it permitted to rent out a field to him? Yet the gentile performs work in it on Shabbat, and it is called by the name of the Jew, and they will suspect him that his agents are working the field on Shabbat?

The reason is that they will not suspect the Jew, because

the sharecropper,

the gentile who rents the field and is a “sharecropper” in it, and receives a portion of the produce of the field—

performs his sharecropping

he performs his work for himself, for the portion due to him, and he does not work for the Jew .

And we raise an objection: If so, why did they prohibit [it] in the case of a bathhouse?—

A bathhouse, too,

when the gentile rents it,

they will say

those who see [it] will say:

the sharecropper performs his sharecropping,

that the gentile works for himself, and not for the Jew?

And why did they prohibit [it] in the case of a bathhouse and permit [it] in the case of a field?

And we answer:

People do not make a sharecropper for a bathhouse,

people are not accustomed to rent out a bathhouse to others, and it remains under the name of the Jew; therefore, it is forbidden.

And now the Gemara brings another beraita concerning renting out a field to a “Kuti.”

It was taught: Rabbi Shimon ben Elazar says: A person may not rent out his field to a Kuti, because

the field

is called by his name

of the Jew,

and this Kuti performs work in it on the intermediate days of the festival,

and it is forbidden to perform field work on the intermediate days of the festival.

And the Gemara infers from the words of Rabbi Shimon ben Elazar, when he said “Kuti,” that it follows:

but

to rent out to a

gentile

[in a place where there is no prohibition or decree concerning renting out a field to gentiles]

what [is the law],

what does Rabbi Shimon ben Elazar hold?

It is permitted,

it is permitted.

And the reason is because

when

those who see the gentile working in the field,

they will say

they will say:

a sharecropper—

he performs his sharecropping,

he works the field for himself as a sharecropper.

And we raise an objection:

If so,

if this is the reason to permit [it], why did he prohibit [it] with a Kuti? Is it not that

a Kuti, too—

they will say

those who see [it] will say:

a sharecropper—

he performs his sharecropping?

And what is the reason for distinguishing between a gentile and a Kuti?