Avodah Zarah, Daf Nun Het, Part 3

 

Introduction

This is a continuation of the earlier sugya. Abaye continues to cite support that it is prohibited to even derive benefit from wine touched by a non-Jew even if he did not touch it to drink it.

 

מתניתא דאגרדמים עובד כוכבים שקדח במינקת והעלה או שטעם מן הכוס והחזירו לחבית זה היה מעשה ואסרוהו

מאי לאו בהנאה

 

A tannaitic teaching: A non-Jewish market inspector who drilled a hole in [a cask of wine] with a tube and drew off [some wine], or he tasted some of it in a glass and returned [the remainder] to the cask. This happened and [the Rabbis] declared it forbidden.

Is it not that it is prohibited to derive benefit from it?

 

The market inspector was not drinking wine for his own benefit. He was testing it to see what it was, perhaps its quality. Nevertheless, the rabbis prohibited not only the wine that he actually touched, but the entire cask that he threw the wine back into. This is a proof against Rava.

 

לא בשתייה

אי הכי ליתני ימכר כדקתני סיפא חרם עובד כוכבים שהושיט ידו לחבית וכסבור של שמן היא ונמצאת של יין זה היה מעשה ואמרו ימכר תיובתא דרבא תיובתא

 

No, it is prohibited to drink it [but it is not prohibited to sell it].

If so, let it teach: He may sell it, as it teaches in the last clause: If a non-Jewish oppressor put his hand into a cask, thinking that it contained oil, but it chanced to contain wine , this actually happened and [the rabbis] said that it may be sold!"

This is a refutation of Rava! It is a refutation.

 

Rava tries to answer that it is prohibited only to drink the wine, but not to sell it. The problem is that the second half of this baraita uses the word it may be sold to rule that while it is prohibited to drink the wine, it is not prohibited to sell the wine. Thus, when the first half states it is prohibited the implication is that is prohibited to even sell the wine.

As far as the difference between the first half of the baraita and the second half, the rule seems to be that if the non-Jew knew it was wine, we must be concerned that he libated it, even if this is very unlikely. But if he thought it was oil, then we can be sure that he did not libate it, and thus the wine can be sold. Note that the rule is still strict with regard to drinking the wine. Even though the non-Jew touched it not even knowing if its wine, it is still prohibited.