Avodah Zarah, Daf Nun Vav, Part 6
Introduction
Today s section contains a practical case that came in front of the Babylonian amora Shmuel.
ההוא עובדא דהוה בנהרדעא דדשו ישראל ועובד כוכבים לההוא חמרא ושהייה שמואל תלתא ריגלי
It happened in Nehardea that an Israelite and an idolater pressed wine together.
Shmuel delayed three festivals [before replying].
Again, according to the mishnah it would seem that Jews and idolaters can press wine together. And thus, in the Babylonian town of Nehardea they do so. But the question is put to Shmuel whether this wine it is permitted to sell or drink this wine and he delayed three festivals before answering.
מ"ט אילימא משום דקסבר דאי משכחנא תנא דאסר כרבי נתן אוסריניה אפי’ בהנאה
דתניא מדדו בין ביד בין ברגל ימכר ר’ נתן אומר ביד אסור ברגל מותר
אימר דאמר ר’ נתן ביד ברגל מי אמר
What was the reason [for the delay]?
If I say that he thought to himself, If I find a tanna who forbids its use as does R. Natan, then I will forbid it, even for deriving benefit since it has been taught: If [an idolater] measured [the quantity of wine] either by using his hand or leg, it may be sold. R. Natan says: If he used his hand it is prohibited, but if his leg it is permitted.
But say that R. Natan declared [it prohibited] when touched by the hand, but did he say so [when it was touched] by his leg!
The Talmud now tries to figure out why Shmuel had to delay three festivals before answering. The first reference point is a baraita in which R. Natan and the other sages (later assumed to be R. Shimon) argue about a case where an idolater measured the amount of wine in a vat with his arm or leg. Clearly in such a case the idolater did not intend to libate the wine. Nevertheless, R. Natan says that if he touched it with his hand, it is prohibited to derive any benefit from the wine. The sages say it may be sold, but they agree that it may not be drunk.
The problem is that even if Shmuel holds like R. Natan, it is prohibited only if he touched it with his hand. The people pressing the grapes touched it with their feet only. So even if he held like R. Natan, he should have allowed them to sell it.
אלא דאי משכחנא תנא דשרי כר"ש אישרייה אפי’ בשתייה
Rather [must he have thought to himself], If I find a teacher who permits like R. Shimon, then I will permit it even for drinking.
Shmuel was not looking for someone to support a potential stringency. He was looking for someone to support the leniency of the anonymous voice in this baraita, attributed here to R. Shimon.