Transfer of land to non-Jewish:
Two times it became concern in history:
1) Shmitah year in 1888-89. 88-89 was a shmita year.
- Shmita prohibitions:
a. Cannot work the land
b. cannot fully harvest the land:
Process of Shichicha and Leket- do two tim
- Is Christianity Idolatery?
Rambam (Spain)- Christians are Avdai Avodah Zara because of the trinity.
Tosfos (Ashkenaz)- It is not really idolatrous for them- it is shituf/partnership. They
worship the same G-d as us but they were also worshipping the son
1) Devarim 7:1-11 (on sheet): When Hashem will bring you the land, he will expel many
nations before you. These nations will stronger than you.
(Q: Are the 7 nations the only ones he will expel? Or other nations that live there to?)
Mishnah Rabbi Yossi:
- Renting houses to them in Eretz Yisrael is a not a problem but renting land is.
There is a problem with them settling the land. Just because someone rents there, it
doesnt mean they are rooted there.
- In Suria, you can rent them la
The Legal Sources of Jewish Law:
(1) The term =the rabbinic term in Aramaic meaning min hatorah. It is
used by the chachamim as Revealed Law. We believe that Hashem revealed law
to Moshe at Har Sinai and after.
A. Written Law: He instructed Moshe to gi
8) Rambam (page 4 of big sourcesheet):
- Directly related to lo tichrot lahem brit
- It is not permissible to enter into a treaty with the denier of the faith and thereby assure
them of the validity of their faith. This is the 7 nations. This is what Hash
The Literary Sources of Jewish Law
1. The Bible
a. The torah: authoritative because Hashem told Moshe
b. Neviim: The Neviim dont have the authority to make law. It is only a
law if it is from the torah sehbichtav.
- The Torah itself authorized the con
This debate was had based on international law, Jewish law, Jewish theology and ethics,
and socio-economic/political grounds.
A) With regard to international law:
1) There was a commonly held position that under international law, the nation