did it on his own. And that's the she'eilah, is this called conquering that it should turn into Eretz Yisrael? Because like this the din is that when a king of Eretz Yisrael conquers any land and annexes it to Eretz Yisrael, it has a din of Eretz Yisrael in all dinim. It's completely becomes Eretz Yisrael. Chayav in terumah u'maaser, everything. In this case, David HaMelech he conquered סוריא on his own. That is only if you do it together with the Sanhedrin and with the אורים ותומים, and you do it, you know, with the with the חושן and they ask questions and the Aibershter gives an answer with the navi. But if you do it on your own, it's a different din. So there is a question whether סוריא which he annexed to Eretz Yisrael, whether it has din of Eretz Yisrael or not. That's how Rashi learns the pshat. This is just by the way, Tosafos learns that the problem of סוריא was not that. The problem of סוריא was that he conquered סוריא before they conquered all of Eretz Yisrael. There was a area that Hashem said this is going to be Eretz Yisrael. So the first thing you have to do, you conquer that. When you conquer that, then the halachah is that anything the king will later conquer will be annexed and will be also Eretz Yisrael. But he conquered סוריא before he conquered יבוסי. And that's why this is a discussion. That's why the סוריא is a special case. So the

Gemara, the ברייתא says that סוריא is equal to Eretz Yisrael in three ways and equal to chutz la'aretz in three ways. עפרה טמא כחוץ לארץ, the earth of סוריא is tamei, because the Chachamim made a din that the earth of chutz la'aretz, of outside of Eretz Yisrael, is tamei, anybody who touches it becomes tamei. Eretz Yisrael the land is not tamei, Syria is tamei. המוכר עבדו לסוריא כמוכר בחוץ לארץ, another din, if you sell if a Yid owns a גויישע עבד and he sells it to Syria, the eved goes out free. The Chachamim said that if anybody sells an eved from Eretz Yisrael to outside of Eretz Yisrael, to chutz la'aretz, goes out free. Syria is the same din if you sell to Syria. והמביא גט מסוריא כמביא מחוץ לארץ. If you bring a get If I sell an eved to someone outside Eretz Yisrael Chachamim force the guy to free him. Why would anybody buy an eved? Then you don't know the din. You don't know the din. Yeah, but if that guy got to be crazy to buy, you know, can happen. Yeah, can happen. Sometimes better. Thought they didn't know the Well, the Gemara in Hasholeach goes into the whole the Gemara in Hasholeach goes into the whole thing, what happens there when they force the first guy, who loses the money, it's all kinds of things. Oh, he goes free. But he goes free, Chachamim. So Syria is the same. And

also, if you bring a get from Syria, is the same din like chutz la'aretz, that you have to say בפני נכתב ובפני נחתם. Then the Gemara, ובשלשה כארץ ישראל, in three ways it's similar to Eretz Yisrael: חייבת במעשר ובשביעית, in the land of Syria, the area of Syria, you have to take off ma'aser, anything that grows you have to take off ma'aser, and there's a din of shemittah, all dinim of Eretz Yisrael. And also הרוצה ליכנס בטהרה נכנס, that if you want to enter the airspace of Syria without touching the ground, it's tahor. You go with a box, the Gemara says later, or according to Tosafot ride a horse, as long as you didn't touch the ground, with a vehicle, so then it's like Eretz Yisrael. And the main thing we're going to get to is the last one: והקונה שדה בסוריא כקונה בפרוורא דירושלים. If you buy a field in Syria, it's as good as if you bought it in the outskirts of Yerushalayim. What does it mean by cuts the land outside of? You're tamei. Chutz la'aretz. Spread body, yeah. We are all tamei anyway, so it makes no difference. So you just walk outside of Eretz Yisrael Walk outside, you're טמא, טומאת ארץ העמים. Where is Syria? And Huh? Where is Syria? It's north north of Eretz Yisrael. Is it where Syria is today? Around, somewhere around there, yeah, but it's bigger than that area. So if you buy, the third thing is that if you buy a field in Syria, it's like you bought it in the outskirts of Yerushalayim. And the Gemara continues later and says, למאי הלכתא? What do you mean? It's as holy, you get Gan Eden, like what what does it mean that if you buy a field in Syria it's like you bought it in Yerushalayim, outskirts of Yerushalayim? אמר Rav Sheshet, Rav Sheshet said, לומר, it means to tell you, שכותבין עליו אונו ואפילו בשבת, that if you're going to buy a land in Syria, a field in Syria from a goy, and it happens to be Shabbos, and the goy is not going to be available on Sunday after Shabbos, so you're allowed to buy it on Shabbos and even write a document on Shabbos. So the

Gemara asks: b'Shabbos?! סלקא דעתך? You mean write a document on Shabbos, are you all right?! But the Gemara says, כדאמר רבא, like Rava said, דאומר לעכו״ם ועושה, הכא נמי אומר לעכו״ם ועושה, that the case is that you are allowed to tell a goy to write the document. ואף על גב דאמירה לעכו״ם שבות, even though normally it's a shevut, meaning it's an aveirah to tell a goy to do a melachah for you, if miderabbanan, even though normally miderabbanan if you are if there is any melachah that you are not allowed to do on Shabbos, you are not allowed to tell a goy to do, משום ישוב ארץ ישראל לא גזרו רבנן, because here by buying it from the goy, you're doing the mitzvah of yishuv Eretz Yisrael, settling Eretz Yisrael. And for settling Eretz Yisrael, the chachamim took off their issur of אמירה לעכו״ם, of the issur called אמירה לעכו\"ם שבות of telling a goy on Shabbos is an aveirah, for this mitzvah they took it off. That's what the Gemara says. How do you get the property legally recorded afterwards? So later when they squeeze... Surya? So you become... you buy a lot outside of Eretz Yisrael... In Surya, not outside, in Surya only. We're talking about Surya. Surya is tamei also, we said. So you're tamei? So you're tamei. Yeah. But if you buy a field in Surya, you're allowed to have a goy sign it on Shabbos. And the reason is because for the mitzvah Even though normally you are not allowed to tell a goy to sign for you and do a melachah for you, that's called, now I'm going to say the words again so later on after we don't translate it every time, אמירה לעכו\"ם שבות. That's the words that means that you're not If you tell a goy to do a melachah for you is an aveirah, it's an issur derabbanan. But for this purpose of buying land in Eretz Yisrael, it's called for the mitzvah of yishuv ha'aretz, the mitzvah of settling Eretz Yisrael. The chiddush is, the chiddush here is that even סוריא, even though because סוריא is similar to Eretz Yisrael in this way. Okay. Is there a mitzvah today of ישוב ישוב ארץ ישראל? It's a big machloket in the Acharonim. It's a big machloket. Rabbi Chaim Kanievsky says not, and this, it's a It's a big machloket. But in Eretz Yisrael... What's the basic basis for it being as being as holy as as Eretz Yisrael? So I said, because it because David Hamelech conquered it. And the reason the Gemara says before why it's חייב בתרומה ומעשר ובשביעית, why is it חייב מעשר ושביעית? So the Gemara says because קסבר this תנא, the one that said this din holds כיבוש יחיד שמיה כיבוש. And the fact that David Hamelech conquered it, even though it's a problem, because it's called כיבוש יחיד, he conquered it, according to Rashi, on his own without the other Yidden, according to Tosafot he conquered it the problem was before the other parts of Eretz Yisrael, but he holds שמיה כיבוש. It's called conquering, it has the the din of conquering. So therefore, you're chayav in maaser, in shevi'it. And also, if you buy there, you're allowed to have it signed on Shabbos by a goy. So if you buy in Eretz Yisrael... Vadai you're allowed to have it signed. Yeah, yeah, that's for sure, yeah. It's always happened, like nowhere... No, if there's a goy. If you have If a goy happens to own land in Eretz Yisrael, and he's leaving, and you won't get it tomorrow. See, this is what Rashi says, he's leaving. Some mefarshim say different, it's not נוגע to our shiur, that even if he's not leaving you're allowed to, because you don't trust him, he'll change his mind tomorrow. So if if he's מסכים on Shabbos, do it on Shabbos. But Rashi says if you know he's leaving. Okay, but that's not נוגע. But the עיקר is that the חכמים took away the איסור of אמירה לעכו\"ם שבות because of ישוב ארץ ישראל, because of this mitzvah, even by סוריא. Okay. Now, this דין that if you want to buy land in ארץ ישראל and it's Shabbos, you're allowed to have a גוי sign the document even though normally אמירה לעכו\"ם שבות, and the same thing in סוריא, the Rambam פסק'נס also. The Rambam פסק'נס like it says in this Gemara. In Shulchan Aruch פסק'נס like that, too, הלכות שבת. The Alter Rebbe Shulchan Aruch פסק'נס like that, too. The only difference is the Rambam also says סוריא. The Rambam says ממש like the whole Gemara. If you buy a piece of land in ארץ ישראל, you're allowed to have a גוי sign on Shabbos, same thing in סוריא. In Shulchan Aruch, סוריא is not mentioned. He just says ארץ ישראל. The Alter Rebbe Shulchan Aruch also just mentions ארץ ישראל, doesn't mention סוריא. The

Magen Avraham on the Shulchan Aruch asks a קשיא on the Rambam: How could the Rambam say that if you buy a field in סוריא you're allowed to have it signed on Shabbos through a גוי because the mitzvah of ישוב ארץ ישראל, and and it's all based on this Gemara? He says, how could the Rambam base it on this Gemara? This Gemara, we just said, goes according to the opinion that כיבוש יחיד שמיה כיבוש, that the conquering of of David Hamelech is considered conquering. The Rambam himself pask'ns כיבוש יחיד לא שמיה כיבוש. The Rambam himself pask'ns that סוריא it's is not called a כיבוש, and conquering of David Hamelech does not count, and it's not annexed to Eretz Yisrael. So if the Rambam pask'ns it's not, so obviously he holds this Gemara he doesn't go according, he holds like the other מאן דאמר. So how could he pask'en half of the Gemara? So the other half he doesn't pask'en, and this half where it says that in סוריא you're allowed to have it signed, how does he pask'en? So the Magen Avraham answers, even though the Rambam pask'ns כיבוש יחיד לא שמיה כיבוש, אולי, he says, קצת מצוה יש בקניית בתים. There's still a little bit of a mitzvah. קניית what? בתים. So buying the houses is still a shtikel mitzvah, even though that's what the Rambam holds. Which basically is like the Chasdei David says on the Tosefta. In the Tosefta in Keilim there's a Chasdei David, it's a mefaresh on the Tosefta. He says like this. He says that the Rambam learns, that's the peshat in the Gemara, the Rambam learns that when the Gemara says that this Tanna holds כיבוש יחיד שמיה כיבוש, that is only concerning one din. The fact that he pask'ns that סוריא is חייב במעשר ובשביעית, that is because he holds כיבוש יחיד שמיה כיבוש. The other din, that you're allowed to have a goy sign the document on Shabbos in Surya, has nothing to do with כיבוש יחיד שמיה כיבוש. That's independent. That's even if you'll hold כיבוש יחיד לא שמיה כיבוש. Even if you'll hold that Surya doesn't have a din of conquering, David conquering, but לגבי this din that you're buying and you're allowed to, even there too. Which is basically like the Magen Avraham says, that even though the Rambam holds כיבוש יחיד לא שמיה כיבוש, but קצת מצוה יש. What is this mitzvah? But we have to understand what is this mitzvah that the Rambam, that the Magen Avraham says, is. Well, obviously, by the way, the Alter Rebbe does not hold like the Magen Avraham. Probably that's why the Alter Rebbe doesn't bring Surya. See, I mentioned that the Rambam brings Surya also, the Alter Rebbe skips Surya. Why? Because the Alter Rebbe דוקא holds that we פסקנ'ן כיבוש יחיד לא שמיה כיבוש, it's not called conquering, and therefore Surya is not considered. That's and and so does the Shulchan Aruch. So does the Shulchan Aruch, which is different than the Mishnah Berurah. It says in the Shulchan Aruch that even though he doesn't say Surya, means Surya also. But from the Alter Rebbe it's mashma that since he holds from the Shulchan Aruch that it's not, he holds Surya not, obviously because he holds the kushya, because if you hold that the conquering is not counted, the kushya. But the kushya is on the Rambam the way the Magen Avraham מורה on the Rambam, the Rambam who says that כיבוש יחיד לא שמיה כיבוש, not, and nevertheless he paskens that in Surya you're allowed to do it on Shabbos. So the question is, ela mai the answer is because this has nothing to do. But the question is, if לא שמיה כיבוש then what's the inyan here? What is the pshat that there is stam some mitzvah? That's one thing here. Another nekudah

here is there's a machloket in Tosafot here between Tosafot and the Behag, Behag, the Baal Halachot Gedolot. Tosafot brings the Behag. When the Gemara says here that normally there's a din of אמירה לעכו״ם שבות, you can't tell a goy to do a melacha, but because of this mitzvah of ישוב הארץ, the mitzvah of settling Eretz Yisrael, you're allowed, what about other mitzvot? So first Tosafot says אבל משום מצוה אחרת לא היינו מתירין עכו״ם אמירה לעכו״ם במלאכה דאורייתא. Tosafot brings re'ayot, only because of this mitzvah. Yeah, only by a melacha that's writing, all by a מלאכה דאורייתא only because of the mitzvah of ישוב הארץ, not because of other mitzvot. Comes to a mitzvah, he brings a mashal, מצות מילה, and you have to in order to do the milah, you have to do some melacha, you can't tell a goy to do a melacha, because the isur of אמירה לעכו״ם שבות is even against even if it means not to do a mitzvah. The only time it's מותר Tosafot says if it's shevut d'Shevut, if to tell a goy to do something that's only אסור מדרבנן. The milah itself, but if you need hot water to cook in order to do the milah before you did it, after it's סכנת נפשות. Before, sharpen the knife, if it's a melachah, the cutting itself you're allowed, but the other things you're not. So you can't cook water in order to prepare the milah. So what about telling a goy? So he brings re'ayah from the Gemara that whatever, that's how he, the way Tosafos will פשט in the Gemara that you can't. If to tell a goy to do a מלאכה דרבנן, something that's only forbidden מדרבנן, that you're allowed, because then it's שבות דשבות and it's two derabbanan's. To tell a goy to do is a דרבנן and you're going to tell him to do a מלאכה דרבנן. But to do a מלאכה דאורייתא or to do any of and by any you can't do even to any mitzvah. This is a separate mitzvah. Then he brings אבל מיהו בהלכות גדולות משמע, the Bahag, the Ba'al Halachos Gedolos comes and holds דאפילו איסור דאורייתא שרי על ידי עכו״ם לצורך מילה. He says when it comes to any mitzvah, if it's for the sake of a mitzvah, you're allowed to tell a goy to do a melachah for the sake of a mitzvah. Even for milah, for instance, and he brings re'ayah, פשט the Gemara different than Tosafos. No, there is settling the land. So the mitzvah is settling the land. Later, but this mitzvah is only one, settling the land. We'll see, we'll get into this in a second. So obviously there is a machloket here between Tosafos and the Bahag whether this mitzvah is a special mitzvah. If this mitzvah is a special mitzvah, then how could you learn out from here to there? The Gemara doesn't say anywhere that you're allowed to tell a goy to do a melachah for the sake of a mitzvah. The only place the Gemara says this is here. So here it's only by ישוב הארץ. If ישוב הארץ is a special mitzvah, then obviously we can't learn out to other mitzvot. How do you know? Maybe only a special mitzvah. If ישוב הארץ is a mitzvah like other mitzvot, then there's no reason why this should be special, so then if it says here by ישוב הארץ you're allowed to tell a goy to do a מלאכה, it could be other mitzvot. So basically there is a machloket between Tosafot and the Bahag whether this mitzvah is a special mitzvah. What does that depend on? What is the reason behind this machloket whether it's a special mitzvah or not? And this is what we're going to explain. בנוגע the first ענין, בנוגע the Rambam, that the Rambam, the kushya on the Rambam that the Magen Avraham asks, how does the Rambam פסקנ'ן that even in Surya, which is כיבוש יחיד, even in Surya you're allowed to tell a goy, and we disregard the issur of telling a גוי אמירה לעכו״ם שבות even though the Rambam holds לא שמיה כיבוש? So the Magen Avraham says that עפעס סתם מצוה there is.

There is this famous letter written by the Rabbi Rashab. It was originally called the the Kuntres Kollel Chabad. Actually, it was written at the time there was big, big politics going on between should be in Chevron, should the main office be in Yerushalayim, גאנץ... דער Rabbi Rashab came out with a thick kuntres, printed now, most of it, in the Igrot Kodesh of the Rabbi Rashab. And in that kuntres, there's parts, we call politics going on, מסביר די ענין, and a big chelek is פשוט למדות, נגלה there. And he talks about this Gemara because there a lot of things had to do with the cases of ישוב הארץ. And he talks about this Gemara and the Rambam, and he says like this: that when we say that we, it's a mitzvah to buy from a גוי a field, this mitzvah here that you to buy from a גוי the field in ארץ ישראל is so important that we push away the the issur of אמירה לעכו\"ם שבות, he says there are two possible reasons why it is, and he wants to say it's a machloket between Rashi and the Rambam. One reason is because of לא תחנם. לא תחנם is a pasuk in the Torah which says, לא תחנם means לא תתן להם חניה בקרקע. We're not allowed to give a גוי a piece of land in ארץ ישראל, it's a issur. It's forbidden to have a land, a גוי own a land in ארץ ישראל. Then there's another thing. Then there's the inyan of קדושת ארץ ישראל. ארץ ישראל is a holy place, so that's why we want to live in ארץ ישראל. And he wants to say like this: that Rashi learns that the peshat in this Gemara, why you're allowed to sign this on have a גוי sign this on שבת, and the Gemara said it's because of ישוב ארץ ישראל, it's only because of the lav of לא תחנם. It's because of this aveirah that the גוי is not allowed to have, so you're getting it away from a גוי. And he's medayek in Rashi, interesting. Rashi says, משום ישוב ארץ ישראל, that you're allowed to do it for the settlement of ארץ ישראל, Rashi says לגרש עכו\"ם ולהושיב ישראל בה, to chase out the goyim and to settle Yidden. What does Rashi mean chase out the goyim? So he says because of לא תחנם. Then he says the other aveirah, the other inyan of settling it, so but the kedushah has nothing to do with goyim. That's even if there would be no goyim in ארץ ישראל, it would be empty, we have to settle. Settling itself is not to get rid of the goyim. See, getting rid of the goyim is one thing, we're not allowed to have a goy have a chelek in ארץ ישראל. Then there's another thing, we have to live there because of the kedushah. So Rashi learns that the whole reason here is because of לא תחנם. That's one reason. Huh? Again, what is לא תחנם? That a goy is not allowed to own any land in ארץ ישראל. Don't give him חניה, a settlement in ארץ ישראל. And that's why Rashi says to kick out goyim. The Rambam learns it's because of the other, of yishuv, kedushah. Now, he says, he brings ראיות that the Rambam holds that there is no real mitzvah of ישוב ארץ ישראל מדאורייתא. There's no mitzvah. The whole mitzvah that everyone says ישוב ארץ ישראל, the Rambam holds there's no mitzvah like that. Nevertheless, even though there is no mitzvah, but kedushah of ארץ ישראל there is, there is a kedushah. And it's for this kedushah of ארץ ישראל, that's why the Gemara allows you to have a goy sign it on Shabbos, because of the kedushah of Eretz Yisrael. And he says because of that, Surya also has a little bit of kedushah. Even if you hold שכיבוש יחיד לא שמיה כיבוש and it's not, but since it was annexed by David to Eretz Yisrael, a certain level of kedushah it has. And this is the reason He annexed officially? Yeah, he did. He did? Yeah. Yeah. I

thought the annexation doesn't There's an argument whether the annexation applies if it's So the it's 100% kedushah. The she'eilah is does it apply 100% or not, but there is something there for sure he has even if you hold לא שמיה כיבוש. And therefore, the Rambam holds that even in Surya you're allowed to tell a goy to write. Why? Because the Rambam learns that what the Gemara says that the reason you're allowed to do it is not because of לא תחנם, לא תחנם does not apply to Surya. But the inyan of kedushah is there. So according to Rashi, if you hold כיבוש יחיד לא שמ-, if you hold כיבוש יחיד שמיה כיבוש it'll apply, but if you hold כיבוש יחיד לא שמיה כיבוש you couldn't do it. But the Rambam holds that it's not because of לא תחנם, the Rambam holds it's because of the kedushah of Eretz Yisrael, that's why Surya also applies. So b'pashtut this is what the Magen Avraham means, the pshat in the Rambam. Huh? The kedushah is Yeah. for yishuv. There's no mitzvah of yishuv. I know it to actually yishuv in it. No, no. If you live there you're you're there is a ישוב ארץ ישראל, but there is no mitzvah. So the Rambam, there are two negatives: there's no מצוה בכלל of ישוב ארץ ישראל, and כיבוש יחיד לא שמיה כיבוש, by Surya it's a double. But still there is some level of kedushah there. How can you say Like you're saying, that לא שמיה כיבוש is doesn't take away the complete kedushah. So כיבוש יחיד is not a כיבוש? Not a כיבוש. And yet? And yet there is some level of kedushah, yes. Annexing it you're Doing some, yeah, but it's not, but it doesn't have a din of Eretz Yisrael, you're not חייב במעשר. It doesn't have all the dinim of Eretz Yisrael, but there is something there enough to say that there is a certain level of kedushah that you're allowed, that it's important to buy it, and therefore Surya also. If you hold לא תחנם, and you then for לא תחנם, if לא שמיה כיבוש, you wouldn't apply, according to Rashi, but according to the Rambam it does. How can you say the kedushah is spread out and it's so thin? No, that's how we got there. Yeah, but that's not what I was saying. I was saying here because lefo'al he made it it's This is how the Rabbi Rashab learns pshat in the Gemara, this is how he learns pshat in the Rambam. He wanted to say a different pshat to answer the Rambam. He wanted to say that the Rambam, when he because consider talks about Surya also, is talking when you tell the goy on Friday. You're not telling him on Shabbos to do it. So, it's not a real It's a shevus d'shevus, it's not a real אמירה לעכו״ם. That's why the Rambam mentions Surya also. Shulchan Aruch doesn't mention Surya, because Shulchan Aruch is talking about Shabbos. So, to tell on Shabbos, that you can't in Surya. But the Rambam is talking about Friday. Then he writes, you could write this בנוגע to Shulchan Aruch, בנוגע the Alter Rebbe you can't say it, because the Alter Rebbe quotes the לשון of the Rambam. Just skip Surya, but he quotes the לשון, so obviously he's talking about the same case. So, you can't say that's So, obviously the Rambam is also talking about Shabbos. Ela mai? Because of קדושה. And now we understand why the Alter Rebbe skips it, because the Alter Rebbe holds that the קדושה of of of סוריא is not enough to be able to tell you this דין, but the Rambam holds that the קדושה is enough, but at least we understand the Rambam. So, this explains פשט באלטר רבי'ן. But what I want to say is, based on this, we come out from here that there are two פשטים in why the Gemara says you're allowed to tell a גוי to write on Shabbos when you buy in ארץ ישראל. Is it because of the because לא תחנם is such is an עבירה? You have to get it away from the גוים? Or is it because of of of the of the קדושה of ארץ ישראל? So, I

want to say that the מחלוקת between Tosafos and the Bahag is this מחלוקת what the פשט in the Gemara is. Tosafos learns, I I mean the Bahag learns that the reason why you're allowed to is because of לא תחנם. Now, לא תחנם is a לאו, an עבירה like all עבירות. It's a לאו, you're not allowed to have a גוי here, you're not allowed to do this. It's a mitzvah like all mitzvot. So, the Bahag says in our Gemara, if the Gemara says that because of לא תחנם we took away our איסור from אמירה לעכו״ם, שבות, so you're allowed to tell the גוי to do, so why not for other mitzvot? What's this mitzvah of לא תחנם is a special mitzvah? לא תחנם is a mitzvah. You're not allowed to have a goy here and you're not a lav. But if you learn like like the Rambam, you learn that the reason is because of kedushah, oh, then this is a special mitzvah. Adrabah, it's not because of this the chomer how strict the mitzvah is. Farkert, we're saying that the Rambam holds that there is no ישוב ארץ ישראל מצוה anyway, and Surya is כיבוש יחיד לא שמיה כיבוש, but the kedushah has something special that because of kedushah the chachamim allowed this. So, if the reason is because of kedushah, then how could you say that the same thing would apply by others? That's what I said in the beginning. The machloket between the BaHaG and Tosafot is, is this a mitzvah, when the Gemara tells us בנוגע this mitzvah, is this a special mitzvah, that if it's a special mitzvah, how could we learn out for others? If it's not, then we could learn out for others. So, Tosafot learns this is a special mitzvah. Why is this a special mitzvah? Because Tosafot learned like the Rambam that this is the reason is because of kedushah. So, it's not a not because of mitzvah. And if it's kedushah, so only by the mitzvah of kedushah you're allowed, but stam a mitzvah, who says you're allowed to tell a goy to do melachah for you? But the BaHaG will learn that this is because of לא תחנם. If it's לא תחנם, then that's by every mitzvah. What is the difference? That's why he says by every mitzvah. סור מרע, עשה טוב. Huh? סור מרע, עשה טוב, the BeHaG says סור מרע, לא תחנם. It's not could bring more kedushah, you have a positive positive mitzvah. Okay. שילוח הקן has kedushah in it, right? Yeah, but a different type. Because you tell a goy, you can't tell a goy To write on Shabbos? No, you can't. It's all דרבנן, it's a לאו, which is not like doing, it's only שבות דשבות. Yeah, yeah. Ad'rabah! Ad'rabah, you're right. Farkert, this makes it even better. They're not doing a לאו. This makes it even better. If you, because of לא תחנם, you're allowed, and it's what you're not even going to do a לאו, and still you're allowed, so why shouldn't you be able to do this for other mitzvot? Here, all you you're not עובר לא תחנם. When are you עובר לא תחנם? If he sells property to a goy, then you're עובר לא תחנם. Here, you're not עובר. Ela mai? You're going to try to undo the problem. So, it's not even that strict. Nevertheless, the chachamim said it's so important because it's a mitzvah and you're allowed to tell a goy, so a regular mitzvah, vadai you're allowed. That's exactly what the BeHaG learns. Yeah, and that's how he holds it. You can tell a goy for any mitzvah. Yeah, he holds We don't פסקן that, the Alter Rebbe paskens that you can't, he פסקנס like Tosafos. But that's what he holds. מה שאין כן, אבער תוספות will learn that it's all is because of kedushah, and kedushah is special. That's So, by the way, he holds only for a לאו or is it No, any mitzvah. In פרק ב? Yeah. For מילה, for instance, which is not a lav, it's an aseh. Be'emet, so this is the explanation of the machloket between Tosafot and the Bahag. Be'emet, you could go a step further and explain the machloket between Tosafot and the Bahag in a further, a different way. Not בהמשך, in a different way. We could say like this: now we're saying that the machloket is Now we're saying that the machloket is whether the reason of this Gemara was why you're allowed to do this is because of לא תחנם or because of kedushah. We

could say differently: be'emet they both hold of it because of לא תחנם. And the she'eilah will be a different thing. In that same קונטרס the Rabbi Rashab brings that there is a machloket, what is the reason for לא תחנם? He brings that the Rambam says that the reason for לא תחנם is because שלא ילמדו ממעשיהם. You're not allowed to allow, you shouldn't allow a goy to live in Eretz Yisrael, so we shouldn't learn from his and start doing like he does. Huh? Yeah. You shouldn't. Then he brings the Semag. The Semag says it's a גזירת הכתוב. It's not, nothing. It's just a din like that, like any dinim, it's not not because of this reason. So here we could say pashut. If you're learning, you both learned side the Bahag and side Tosafot learn it's לא תחנם. They argue, what is the reason for לא תחנם? If you learn לא תחנם is like the Semag, that it's pashut an aveirah like all aveirot, that's what the Bahag is going to learn. The Bahag will learn like the Semag, that the reason is like it's an, it's a גזירת הכתוב, it's a din. So if the Gemara says that because of this din you're allowed to אמירה לעכו״ם שבות, why can't you by other other mitzvot? Tosafot learns this is a special mitzvah. Why this a special mitzvah? This is pashut a mitzvah that'll keep you away from learning from the goyim how to do. So for such a mitzvah, that's why you're allowed. But is that a re'iyah when it comes to סתם מצות that you're allowed? Therefore Tosafot learns, no, that it's because that you can't learn out from here, and it's only in this mitzvah. What about other mitzvot that keep you from a goy? What are other mitzvot? We'll see, let's see. What are other mitzvot keep you away that it's... It's all derabbanan. Lechatchilah, no, it's lechatchilah allowed. It's אמירה לעכו״ם שבות, ah? Ah? Marrying your daughter to them. That's, yeah, nope. That's not allowed because ילמדו ממעשיהם, that's you're not allowed to marry them. ילמדו ממעשיהם is a special din. Don't be an eved to עבודה זרה. Now we can go a step further, and say that the machloket is, both agree that it's because of לא תחנם, both agree that לא תחנם is in order not to learn from the ma'asim, and the machloket is totally dependent on something else. Depends on this: What are we saying here? We're matir the issur of אמירה לעכו״ם שבות, we allow to do this עבירה, אמירה לעכו״ם שבות, for the sake of ישוב הארץ. Okay. What is the reason for the issur of אמירה לעכו״ם שבות? Why is it that you cannot tell a goy to do a melachah on Shabbos? What's the reason? So, the אלטר רבי

brings two reasons. One reason he brings, because if we're going to if we're going to do we're going to ask a goy, we're if we're going to be allowed to ask a goy to do a melachah on Shabbos, we might come to do it ourselves. We might come to do it ourselves, שלא יבוא לעשות בעצמו. If then there's another reason he says, because of shlichut. That if you שלוחו של אדם כמותו, so if you tell a goy to do it, it's like you did it yourself. And the Alter Rebbe asks, not not asks, reports, אף על פי אין שליח לדבר עבירה, when you make a shaliach an aveirah it's not like you did it. Also, the klal is אין שליחות לעכו״ם, you can't make a goy into a shaliach. So what do we care if you tell the goy, he's not your shaliach. First of all, it's for an aveirah, and it's a goy. So he says, but יש שליחות לעכו״ם לחומרא מדרבנן. The Rabbanan said that lechumra, we're machmir, and we consider a goy as if he is your shaliach. And since he's like your shaliach, when you ask him to do a melachah, it's as if you did it yourself. That's the reason why you can't tell a goy to do it. But then the other reason is, because you might come to do it yourself. So I

want to say like this: that the machloket between Tosafot and the Behag is which of the two reasons in אמירה לעכו״ם שבות is the is the ikar reason or the the the the reason. If the reason is because it's a shlichut, the goy is a shaliach, never and and nevertheless, for this mitzvah you're allowed to do it, so never for every mitzvah you're allowed to tell a goy to do it even though you're making him into a shaliach, but the chachamim said for a mitzvah... So lulav of of an אשרה, שביטלו or not, that remains the question of Reish Lakish remains.