Avodah Zarah, Daf Lammed Het, Part 5
ת"ר הכוספן של עובדי כוכבים שהוחמו חמין ביורה גדולה אסור ביורה קטנה מותר
ואיזו היא יורה קטנה א"ר ינאי כל שאין צפור דרור יכול ליכנס בתוכה ודלמא אדמויי אדמוה ועיילוה אלא כל שאין ראש צפור דרור יכול ליכנס בתוכה
Our Rabbis taught: Date-husks belonging to a non-Jew: when boiled in a large cauldron are prohibited, but if in a small cauldron they are permitted.
Which is a small cauldron? R. Yannai said: One into which a swallow cannot enter.
But perhaps it is cut up in pieces and placed in it [to be cooked]!
Rather one into which the head of a swallow cannot enter.
These date-husks were probably being cooked in order to make beer. The issue with the large cauldron is that we can assume that it had been used to cook unkosher food. The taste of the forbidden food that is in the walls of the cauldron will go into the brew. Therefore the date husks are prohibited. But the assumption with a small cauldron is that it is not used with unkosher food. Therefore, the date-husk beer is permitted.
והתניא אחת יורה גדולה ואחת יורה קטנה מותר. לא קשיא הא כמ"ד נותן טעם לפגם אסור הא כמ"ד נותן טעם לפגם מותר
But it has been taught: Whether it be a large or small cauldron [the brew] is permitted!
There is no contradiction: [The one who forbids when cooked in a large cauldron] he is in agreement with the view that when [the forbidden element of a mixture] imparts a worsening flavor it is prohibited, while [the one who permits even when cooked in a large cauldron] is in agreement with the view that when [the forbidden element] imparts a worsening flavor the mixture is permitted.
Another baraita teaches that even if the date-husks are cooked in a large cauldron, the mixture is permitted. This is because the taste that the cauldron imparts to the brew is considered to be a worsening taste, one that does not improve the flavor of the brew. This baraita holds that in such a case the mixture is permitted. [Note that the reason that the flavor is considered to be worsening is that the cauldron has not been used for 24 hours. After 24 hours any taste imparted is legally considered to be bad taste]. The other baraita holds that even though the taste is bad, the mixture is still prohibited.
אמר רב ששת האי מישחא שליקא דארמאי אסור
אמר רב ספרא למאי ניחוש לה אי משום איערובי מיסרא סרי אי משום בישולי עובדי כוכבים נאכל הוא כמו שהוא חי אי משום גיעולי עובדי כוכבים נותן טעם לפגם הוא ומותר
R. Sheshet said: The cooked oil of a Gentile is prohibited.
R. Safra said: Why should we be concerned about it? If because of the possibility that he may have mixed in it [forbidden wine], the effect would be to turn it rancid!
If it is on account of [the prohibition against] all things cooked by a non-Jew, it is something which is eatable in its raw state!
If on account of the rule that vessels used by non-Jews must be scoured before they may be used by a Jew, it is an instance where a worsened flavour is imparted and it should therefore be permitted!
R. Sheshet wants to prohibit oil cooked by a non-Jew, but R. Safra will have none of it. He rejects three potential reasons for why it should be prohibited. If there had been gentile wine in it, the wine would have ruined the oil.
If the concern is that it was cooked by a non-Jew, oil can be eaten without being cooked and therefore should be permitted.
And if the issue is that the vessels were previously used by a non-Jew, the taste would be a worsening taste, and therefore this too is not a reason to prohibit.
בעו מיניה מרבי אסי הני אהיני שליקי דארמאי מאי חוליי לא תיבעי לך דודאי שרו מרירי לא תיבעי לך דודאי אסירי כי תיבעי לך מציעאי מאי אמר להו מאי תיבעי להו דרבי אסר ומנו לוי
They asked R. Assi: What of dates cooked by a Gentile? As regards the sweet species the question does not arise since they are certainly permitted; as regards the bitter species the question also does not arise since they are certainly prohibited; but there is a question about the moderate species? What is the rule? He replied: Why do you ask me this question seeing that my teacher has declared them prohibited! And who is he? Levi.
Sweet dates can be eaten raw. Therefore they are permitted even when cooked by a non-Jew. Bitter dates cannot be eaten raw and therefore they are certainly prohibited. The question was asked about dates that are moderately bitter and then improve in taste when cooked. The answer is that they are prohibited
