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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].

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