Halakhah su Deuteronomio 7:5

However, return of liberated territories for considerations other than preservation of life raises an entirely different set of halakhic considerations. On the basis of Avodah Zarah 20b, Rambam, Hilkhot Avodat Kokhavim 10:3-4, rules that it is forbidden for a Jew to sell houses or fields in Erez Yisra'el to a non-Jew.³⁶It is generally accepted that the prohibitions flowing from lo teḥanem apply to all non-Jews and not only to the Seven Nations. This is stated explicitly by Tosafot, Avodah Zarah 20a; Sefer ha-Eshkol, III, 123; Maharam Schick al Taryag Miẓvot, no. 426; and Ḥazon Ish, Shevi‘it 24:1 and Hilkhot Avodat Kokhavim 65:1. In this instance, Rambam departs from his usual practice of not supplying the underlying rationale upon which the halakhah is predicated. Rambam poses the question, "And why may one not sell [houses and fields] to them? For it is written, 'lo teḥanem'—Do not give them permanent encampment in real property, for if they will not possess real property, their residence is transient." If non-Jews are not given an opportunity to acquire real estate their presence in the Holy Land will be temporary and transient in nature. A person who does not own land, who does not own a home and who possesses neither fields nor orchards, is a person who has no roots. Such a person's domicile is inherently transitory. An individual acquires permanence and stability within a given geographic locale only when he requires property. Hence, the Torah forbids the sale of real estate in Erez Yisra'el to non-Jews lest through acquisition of land their domicile become permanent in nature.³⁷Ḥazon Ish, Shevi‘it 24:1 and Hilkhot Avodat Kokhavim 65:1, opines that the ultimate rationale underlying the prohibition against sale of real property in Ereẓ Yisra’el to a non-Jew is identical with the reason for the prohibition against permitting idolaters to dwell in Ereẓ Yisra’el. In the latter case, the reason is explicitly stated in Scripture: “They shall not dwell in your land lest they cause you to sin against me” (Exodus 23:33). Both commandments, according to Ḥazon Ish, are akin to the commandment concerning eradication of paganism in the Land of Israel recorded in Deut. 7:5 and Deut. 12:2-3. This analysis was earlier advanced by Sefer Miẓvot Gadol, no. 48. Although Ḥazon Ish’s inference is from the terminology employed by Rambam in Hilkhot Avodat Kokhavim 10:3, it would seem that this thesis is more readily substantiated by Rambam’s comments in 10:4 in which he describes sale of real estate as leading to permanent residence and then, in the very same halakhah, proceeds to state, “Similarly it is forbidden to praise them … for this causes [Jews] to cleave to them and to learn from [their] evil deeds” (italics mine). Rambam appears to predicate both proscriptions upon the identical rationale. It is the divine plan that ultimately Erez Yisra'el in its entirety become the exclusive inheritance of the community of Israel.

That is that He commanded us to destroy idolatry and all of its houses with all types of destruction, annihilation, breaking, burning, demolishing and cutting - every type according to what will be most enhanced and quickest in the destruction. And the intention is that we should not leave a trace of them. And that is His, may He be exalted, saying, "You must surely destroy all the sites at which they worshiped, etc. And tear down their altars" (Deuteronomy 12:2-3); and His also saying, "you shall tear down their altars" (Deuteronomy 7:5). And because in the Gemara, Sanhedrin (Sanhedrin 89b), it mentions their saying, "the positive commandment of idolatry," they said by way of wonder, "What positive commandment is there in idolatry? Rabbi Hisda explained, 'And tear down.'" And the language of the Sifrei (Sifrei Devarim 60:1) is, "From where [do we know] that if he cut down [idolatry] even ten times and it grew again, he must cut it down? [Hence] we learn to say, 'You must surely destroy.'" And they say there (Sifrei Devarim 60:10), "'And you shall destroy their name [from that place]' - In the Land of Israel, you are commanded to pursue it (its complete destruction); but you are not commanded to pursue it outside of the Land." (See Parashat Ki Tissa; Mishneh Torah, Foreign Worship and Customs of the Nations 7.)