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Translation:Shulchan Aruch/Orach Chaim/246

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2938424Translation:Shulchan AruchOrach Chaim 246WikisourceYosef Karo

246: Laws of Lending and Renting and to a Heathen on Shabbat.

1 It's permissible to lend and to rent tools to a heathen, and even though he does work with them on Shabbat, because we're not commanded on the resting of vessels. And some say that tools that work is done with them, such as a plow, etc., it is forbidden to rent to a heathen on Shabbat Eve. And on the 5th day it is permissible to rent to him, and only as long as he won't take Shabbat rent, rather it is subsumed by the rest. For example, that he should rent to him for a month or a week. And to lend to him is permissible even on Shabbat Eve. Gloss: And so is the main opinion like the last reasoning. And it's permissible to lend to him on Shabbat Eve (Tur; and Sma"g; and Sma"k; and Tosefos, first chapter of Shabbat) even though he stipulates that the heathen will return and lend to him, we don't say in such a case that it's like renting. (Hagahos Maimoni, Chapter 7).

2 It is forbidden to lend any tool to a heathen on Shabbat, and even on Shabbat Eve if it's so close to dark, that there is no time to take it out from the opening of the lender's house before dark, because one who sees thinks that the Jew commanded him to take it out.
3 It is forbidden to rent or to lend his animal to a heathen such that he will do work with it on Shabbat because a person is commanded regarding the Shabbat of his animal. Gloss: But he is able to rent it or to lend it and to stipulate that he will return it to him before the Shabbat. But it doesn't help if he stipulates with the heathen that it will rest on Shabbat because the heathen isn't believed about this. [Sma"g; and Book of the Heave-Offering; and Mordechai, first chapter of Shabbat]. And if he lent it or rented it to a heathen and stipulated with him to return it to him before the Shabbat, and he delayed it on Shabbat, he should make it ownerless between him and himself before the Shabbat, or he should say, "my animal is acquired to the heathen" in order that he will be saved from the Torah prohibition. Gloss: And if he wants, he can make it ownerless in front of 3 people like the other laws of ownerlessness. And still, no one is allowed to acquire it, for certainly, his intention is only in order to remove from himself the prohibition of Shabbat (Tur). And this is specifically for Shabbat, but regarding holidays, a person is not commanded regarding the Shabbat of his animal on a holiday. (Beis Yosef, Chapter 305, in the name of Shibulei HaLeket).

4 A Jew that rented out oxen to a heathen to plow with them, and he plows with them: there are those who permit if the heathen accepted on himself responsibility in case of death, and robbery and theft, and rise and decrease of value. And some say that since the heathen cannot sell it he shall want to, it is called the animal of the Jew [and see below in this siman].

5 If a Jew and a heathen are partners in the ownership of an animal, the heathen is permitted to do work with it on Shabbat through stipulating with the heathen in the beginning when they bought it that the heathen will take on Shabbat and the Jew on a weekday. And if they didn't stipulate in the beginning, it is forbidden even if they stipulated afterwards. And if he will lend it to the heathen as an absolute loan, that permission should be in his hand to take it out, if he'll want, without permission of the Jew, and he'll settle the money on the heathen and the responsibility of the oxen is on the heathen, it is permissible. And there are those who permit even if there won't be permission in the hand of the heathen to take them out, through settling the money on the heathen as a loan, and then, the heathen should make them a mortgage (explanationː here it should stand; meaningː you should not have payment except from this) for the Jew or should y'harhen them [explanationː "pledge" in the language of Ishmael is rahan) with him, and only provided that should not tell him "from now". And there are those who permit through the Jew warning the heathen that he should not do work with it on Shabbat, and if he'll violate and he'll do, the responsibility will be on him, even from the unavoidable circumstances, and he should write as such in their courts, because now, if he comes to do work with it on Shabbat, it's not the animal of the Jew, for the heathen acquired it to be obligated in its unavoidable circumstances. Glossː And all these sides of permissions are the halacha, and he can do whichever one of them that he'll want. And even if the entire animal is the Jew's, its law is as if it was in partnership with the heathen. Just he should publicize that he did in a permissible way.