Avodah Zarah, Daf Nun Zayin, Part 1

 

Introduction

This week s daf opens with a story in which an idolater accidently touches some wine with the tip of a palm branch. Can a Jew still use this wine?

 

ההוא עובדא דהוה בבירם דההוא עובד כוכבים דהוה קא סליק בדיקלא ואייתי לוליב’ בהדי דקא נחית נגע בראשה דלוליבא בחמרא שלא בכוונה שרייה רב לזבוניה לעובדי כוכבים

 

It happened at Biram that an idolater climbed a palm-tree and took one of its branches. While descending he unintentionally touched a [cask of] wine with the branch. Rav permitted it to be sold to idolaters.

 

According to Rav, this wine cannot be drunk by a Jew. But it can be sold to non-Jews. In other words Jews may derive benefit from it. This is a mid-level of prohibition. Generally, wine that has been touched by non-Jews is prohibited to Jews, even from deriving benefit. The reason that the Jew can sell it (derive benefit from it) is that the idolater touched it accidently.

 

אמרו ליה רב כהנא ורב אסי לרב והא מר הוא דאמר תינוק בן יומו הוא עושה יין נסך

אמר להו אימור דאמרי אנא בשתייה בהנאה מי אמרי

 

R. Kahana and R. Assi said to him: But was it not the Master who declared that a child only a day old can make yayin nesekh!

He replied: Say that I said it is prohibited to drink, did I say it is prohibited to derive benefit from it.

 

R. Kahana and R. Assi, good talmudists they are, compare this ruling with another ruling by Rav. In another context Rav said that if a day old child (non-Jewish) touches wine he makes it yayin nesekh, forbidden to a Jew, even though the child clearly had no control over his limbs. His touch too was by definition accidental.

Rav explains that in that case as well he said that it is forbidden for the Jew to drink the wine. It is not forbidden for the Jew to derive benefit from the wine.

The Talmud will continue to explore the issue of a one day old child who touches Jewish wine.