Avodah Zarah, Daf Lammed Tet, Part 5
Introduction
Today s section begins with a new mishnah which lists food produced by non-Jews which a Jew is allowed to eat.
מתני׳ ואלו מותרין באכילה:
1. חלב שחלבו עובד כוכבים וישראל רואהו
2. והדבש
3. והדבדבניות אע"פ שמנטפין אין בהן משום הכשר משקה
4. וכבשין שאין דרכן לתת לתוכן יין וחומץ
5. וטרית שאינה טרופה
6. וציר שיש בה דגה
7. ועלה של חילתית
8. וזיתי גלוסקאות המגולגלין
ר’ יוסי אומר השלחין אסורין
9. החגבים הבאים מן הסלולה אסורין מן ההפתק
מותרין וכן לתרומה:
The following are permitted to be eaten [by an israelite]:
1) milk which a non-Jew milked with a Jew watching him;
2) honey,
3) grape-clusters even though these secrete moisture the law which renders food susceptible to defilement by a liquid does not apply to them
4) preserves into which they are not accustomed to put wine or vinegar,
5) pickled herring which has not been minced,
6) brine containing fish,
7) a leaf of asafoetida,
8) and rolled olive-cakes.
Rabbi Yose says: those olives having pits ready to drop out are prohibited.
9) Locusts which come out of [a shopkeeper s] basket are prohibited, but if from storage they are permitted.
The same rule applies to terumah.
1) As we explained in the previous mishnah, the concern with milk is that the non-Jew might mix milk which comes from a kosher animal with milk that comes from a non-kosher animal (such as a camel). If the Jew is watching over the non-Jew we have no such concern and the milk is therefore permitted.
2) Mixing foreign substances with honey would spoil the honey. Therefore we can assume that the non-Jew did not put anything into the honey and it is permitted.
3) Even though some grape juice may be dripping from the cluster of grapes, we are not concerned that the non-Jew used this juice in idol worship and it would be forbidden. The mishnah also notes that the liquid that comes out of grapes is not the type of liquid which makes a food susceptible to impurities. As we have learned before (Eduyoth 4:6) food cannot become impure until it is made wet by seven types of liquids. Grape juice is not one of them.
4) Preserved foods into which it is not customary to put wine or vinegar are permitted.
5) If one can see that the fish in the brine is actually herring, it is permitted, unlike the minced fish which was discussed above.
6) In the previous mishnah we learned that it was forbidden to eat pieces of the asa foetida, since the same knife used to cut this plant might have been used to cut non-kosher food. In this mishnah we learn that since they don t cut the leaves of the as foetida with this type of knife, it is permitted.
7) Olives that have been rolled out into cakes are permitted, since no wine is used in them. According to Rabbi Yose, if the olives have become so soft that the pits fall out, wine might have been put on them to soften them. Therefore, they are forbidden.
8) Some types of locusts are kosher. When a seller sells them, he brings them from his storehouse and puts them in a small basket, onto which he mixes a little wine. Due to the addition of this wine, locusts that come from this basket are forbidden. The locusts that come from the storehouse are permitted since the wine has not yet been put upon them.
The mishnah points out that the same is true with regards to terumah. If a kohen sells locusts from the little basket, we must suspect that he has dripped wine on them, and that the wine might be terumah, which is strictly forbidden to non-priests. If, however, the locusts come from storage, we can be sure that there is no terumah-wine mixed in with them.
גמ׳ תנינא להא דת"ר יושב ישראל בצד עדרו של עובד כוכבים ועובד כוכבים חולב לו ומביא לו ואינו חושש.
GEMARA. We have already taught this, as the rabbis have taught elsewhere: If an Israelite is sitting near a non-Jew’s flock and the non-Jew milks and brings some to him, he need have no concern [and is allowed to drink it].
This baraita teaches something very similar to our mishnah.
היכי דמי אי דליכא דבר טמא בעדרו פשיטא!
ואי דאיכא דבר טמא בעדרו אמאי?
לעולם דאיכא דבר טמא וכי קאי חזי ליה וכי יתיב לא חזי ליה מהו דתימא כיון דיתיב לא חזי ליה ניחוש דלמא מייתי ומערב ביה קמ"ל כיון דכי קאי חזי ליה אירתותי מירתת ולא מיערב ביה:
How is this to be understood? If there is no unclean animal in the flock, it is obvious; but if there is an unclean animal in the flock why [should he be permitted to drink the milk]!
It does indeed deal with a case when there is an unclean animal, but [the Israelite is in such a position that] when he stands up he can see the non-Jew and when sitting he is unable to see him. What might you have thought? Since he cannot see him when sitting, he should be concerned that he might bring him [milk in which something forbidden] has been mixed; therefore it teaches us that since he is able to see him when standing, the non-Jew would be afraid to mix anything with the milk.
The Talmud tries to figure out what exactly the scenario is in the baraita. If there are no forbidden animals in the flock, then obviously one can drink the milk. And if there are forbidden animals, then why is the milk kosher how do we know where the milk comes from?
The answer is that there are indeed forbidden animals in the flock, but the Jew can see the non-Jew at least when he is standing. Although he cannot see him while sitting, the fact that he can see him some time, will cause the non-Jew, who knows that the Jew will not drink from milk from forbidden animals, will not take the milk from there.