Monday, March 12, 2012

A short Insight into MELACHIM 1, Chapter 9 By Rabbi Nisson Dov Miller

(PLEASE LEARN FOR A REFUA SHELAMA FOR THE GEDOLIM Rav Elyashiv -Yosef Sholom ben Chaya Musha, Rav Shteinman - Aaron Yehuda Leib ben Gitel Feiga, Rav Weiss - Yitzchak Tuvia ben Rikal, Rav Belsky - NAME ADDDED Chaim Yisroel ben Chana Tzirtel, Rav Yosef - Yaakov Chai ben Margalit And Telzer Rosh Yeshiva, Yitzchok Izak ben Trina Rivka Vizhnitzer Rebbe-Moshe Yehoshua ben Margulios for a refuah shleima b’soch kol cholei am Yisrael.) In Devarim (2,7) we are commanded “lo s’chaneim.” Two of the laws that we derive from this verse are: 1) In general we are not allowed to give a non-Jew a piece of land in Israel (chaniyah = encampment). 2) In general we are not allowed to give a gift to a non –Jew (chinam – free). Although this verse is addressing the seven nations of the land of Canaan, nonetheless, Tosfos in tractate Avodah Zara (20a “D’ammar”), the Rambam and the Chinuch all state that this prohibition applies to all non-Jews. Tosfos quotes the Tosefta which qualifies the prohibition. The Tosefta says that if the non-Jew is someone who he is acquainted with it is permitted to give him a gift. The Tosefta says this gift is not really “free”. It is the equivalent of a sale. After all, either before or after the receiving of the gift, the non-Jew will undoubtedly have done/do a favor for the Jew in return – the equivalent of a sale.

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