Avodah Zarah, Daf Samekh Aleph, Part 2

 

Introduction

According to the mishnah, if the city is all non-Jews, then unless the wine left in the non-Jew s domain is guarded it is prohibited.

 

גמ׳ בעיר שכולה עובדי כוכבים נמי והאיכא רוכלין המחזירין בעיירות

 

GEMARA. In a city where consisting of all non-Jews reside it should also [be permitted without a guardian] since there are [Jewish] spice-sellers going about the cities!

 

Even if the city s residents are only non-Jews, there are still Jewish peddlers roaming around. These peddlers would inhibit the non-Jew from touching the Jew s wine. So why is the wine not permitted without a guardian in all case.

 

אמר שמואל בעיר שיש לה דלתים ובריח

 

Shmuel said: [The Mishnah refers] to a city which has doors and bolts.

 

If the city is locked up and Jewish merchants cannot come in, then the non-Jew will be able to drink the Jew s wine with impunity. This would mean that it is prohibited. By implication, if the city is not locked, then the Jew s wine is permitted.

אמר רב יוסף וחלון כרה"ר דמי ואשפה כרה"ר דמי ודיקלא כרה"ר דמי

 

R. Joseph said: If there is a window it is the equivalent [of the house being in] a public domain; or if there is a rubbish-heap it is the equivalent [of the house being in] a public domain; and similarly a date-palm makes it the equivalent of [the house being in] a public domain.

 

If the wine were in the public domain, we can assume that the non-Jew would not drink it. If the house has a window, then people can see in. If there is a rubbish-heap then people could stand on it and peer into the person s house (I know this is strange). They might also be able to see in when they climb up a date-palm.

 

פסיק רישיה פליגי בה רב אחא ורבינא חד אסר וחד שרי מאן דאסר למה ליה דסליק התם ומאן דשרי זימנא דאבדה ליה בהמה וסליק לעיוני בתרה:

 

If the top [of the date-palm] had been cut off: R. Aha and Rabina disagree, one prohibits [the wine] and the other permits it.

He who prohibits it assumes that the owner will have no reason to climb it; and the one who permits it thinks that it could happen that [the Israelite’s] beast will become lost and he will climb it to look for it.

 

If the top of the date-palm is cut off then there would seem to be no reason for anyone to climb to the top. For this reason, one rabbi prohibits it. But the one that permits thinks that someone might just climb the tree in any case.