Avodah Zarah, Daf Samekh Tet, Part 2 ▪ Fuchsberg Jerusalem Center

Avodah Zarah, Daf Samekh Tet, Part 2

Introduction

Today s section contains a series of mishnayot in which a Jew leaves his wine in the presence of a non-Jew. The question is whether we must suspect that the non-Jew touched or drank the Jew s wine.

מתני׳ עובד כוכבים שהיה מעביר עם ישראל כדי יין ממקום למקום אם היה בחזקת המשתמר מותר אם הודיעו שהוא מפליג כדי שישתום ויסתום ויגוב רשב"ג אומר כדי שיפתח את החבית ויגוף ותיגוב:

If a non-Jew was transporting jars of wine together with a Jew from place to place, and it was presumed that [the wine] was under guard, it is permitted.

But if [the Jew] informed him that he was going away [and he was absent a length of time] sufficient for the other to bore a hole [in a jar], stop it up and [the sealing clay] to become dry, [the wine is prohibited].

Rabban Shimon ben Gamaliel says: [a length of time] sufficient for him to open a cask, put a new stopper on and [the new stopper] to become dry.

If, while transporting the wine with the non-Jew the non-Jew assumes that the Jew was always watching the wine, the wine is permitted. As long as the non-Jew suspects that the Jew might catch him opening up the wine and drinking from it, the non-Jew will not do so. The Jew might even leave the wine with the non-Jew for a while, as long as the Jew does not tell him that he is doing so.

If the Jew leaves the non-Jew and tells him that he is doing so, then the non-Jew knows that he has a certain period of time in which he might be able to drink the wine without being caught. There are two opinions in the mishnah about how long this period of time must be. According to the first opinion, the non-Jew must have enough time to make a hole in the stopper of the jug (the stopper was made and sealed with clay), and then fill the hole back in, and the new seal to dry, so that the Jew will not be able to tell that it was opened when he returns. If the Jew did not tell the non-Jew that he would be away for this period of time, the wine is permitted. The second opinion is that of Rabban Shimon ben Gamaliel. He assumes that if the non-Jew merely makes a hole in the stopper and then reseals it, the Jew will see the damage. The only way the non-Jew will avoid getting caught is if he removes the whole stopper, and then closes the jug with a new stopper and then the sealing on this new stopper dries. If the Jew does not stay away for the period of time it takes to do all of this, the wine is permitted.

המניח יינו בקרון או בספינה והלך לו בקפנדריא נכנס למדינה ורחץ מותר אם הודיעו שהוא מפליג כדי שישתום ויסתום ויגוב רשב"ג אומר כדי שיפתח את החבית ויגוף ותיגוב:

If [a Jew] left his wine in a wagon or on a ship while he went along a short cut, entered a town and bathed, it is permitted.

Rabban Shimon ben Gamaliel says: [a length of time] sufficient for him to open a cask, put a new stopper on and [the new stopper] to become dry.

In this situation the Jew again leaves the non-Jew with his wine, this time to make a quick excursion into the city. Note that he uses a short cut into the city. The fact that he is going and returning quickly will make the non-Jew fear getting caught should he open the cask. Therefore the wine is permitted.

המניח עובד כוכבים בחנות אע"פ שיצא ונכנס מותר ואם הודיעו שהוא מפליג כדי שישתום ויסתום ויגוב רשב"ג אומר כדי שיפתח את החבית ויגוף ותיגוב:

If [a Jew] left a non-Jew in his shop, although he kept going in and out, [the wine there] is permitted.

Rabban Shimon ben Gamaliel says: [a length of time] sufficient for him to open a cask, put a new stopper on and [the new stopper] to become dry.

In this scenario the Jew leaves the non-Jew in the store. Although the Jew is constantly going in and out of the store, and frequently leaving the non-Jew alone with the wine, the wine is permitted. Again, as long as he doesn t tell him that he is leaving and when he is returning, the wine is permitted.

היה אוכל עמו על השולחן והניח לגינין על השולחן ולגין על הדולבקי והניחו ויצא מה שעל השולחן אסור שעל הדולבקי מותר ואם אמר לו הוי מוזג ושותה אף שעל הדולבקי אסור חביות פתוחות אסורות סתומות מותרות כדי שיפתח ויגוף ותיגוב:

If [a Jew] was eating with [a non-Jew] at a table and set some flasks upon the table and others upon a side-table and leaving them there went out, what is upon the table is prohibited and what is upon the side-table is permitted.

And should he have said to him, mix [some of the wine with water] and drink, even what is upon the side-table is prohibited.

Opened casks are prohibited, and the closed ones are permitted [except when he was absent a length of time] sufficient for [the non-Jew] to open it, put a new stopper on and [the new stopper] to become dry.

When the Jew leaves the non-Jew alone at the table with an open flask of wine, it is of course assumed that the non-Jew will drink from the wine, thereby making it forbidden. However, since it is not customary for guests to drink from the side-table , the wine there is not forbidden. This side-table is evidently somewhat like the shelf behind the bar in our time. If you leave your guest with a bottle on a table it is acceptable for him to drink from the bottle. It is much less acceptable for him to go behind the bar and take out his own drink.

If, however, the Jew told the non-Jew that he could mix some wine with water (this is how wine was always drunk during the time of the mishnah), then of course we must assume that the non-Jew will take also what is on the side-table. Although he did not specifically tell him to take from the wine on the side-table, it is as if he had done so. It is like someone today saying, help yourself to his friend sitting at his bar. Therefore all of the wine is forbidden.

If the Jew leaves the non-Jew with open casks of wine in the house, they are forbidden. The closed casks are permitted, as long as the Jew was not absent long enough for the non-Jew to open the cask, make a new stopper and then let the stopper dry.