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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Avodah Zarah 31
2) WHEN ARE WE CONCERNED FOR "NOCHRIM" TOUCHING?
(a) (Rav Asi): There are three laws of wine:
1. Wine that was offered to idolatry - it is forbidden
to benefit from it, an olive's worth of it is
Metamei (even people and vessels, if they touch or
move it (Rambam; Rashi - even if they are in the
same Ohel with it));
(b) Question (Mishnah): If Reuven deposited produce by a
Nochri, (we are concerned that the Nochri switched it
with his own produce), Reuven must consider it
(doubtfully) like the Nochri's produce regarding
Ma'aseros and Shemitah.
2. Wine of Nochrim (perhaps it was offered to idolatry)
- it is forbidden to benefit from it, a Revi'is of
it can receive Tum'ah like a liquid (Rashi; Tosfos -
a Revi'is is Tamei);
3. If Reuven deposited wine by a Nochri - it is
forbidden to drink (what he takes back), it is
permitted to benefit from it.
(c) Answer: Rav Asi's law is when they specified a corner in
which the wine will be kept (Rashi - and Reuven received
the key to that area, or the container was sealed).
(d) Question: If so, it should be permitted to drink it!
1. (R. Tanchum citing Bar Kapara): If one deposits wine
by a Nochri, it is permitted to drink it.
(e) Answer (R. Zeira): Rav Asi's law is according to
Chachamim, the Mishnah is like R. Eliezer.
2. Question (R. Yochanan): "Mekom She'Yipol ha'Etz Sham
Yehu" - after a Tzadik dies, he is not there!
3. Answer (R. Yochanan): Rather, after he dies, the
people of his area perpetuate his teachings.
1. (Beraisa - R. Eliezer): If Reuven bought or rented a
house in a Nochri's Chatzer and filled the house
with wine, and Reuven has the key or a seal on it,
the wine is permitted;
(f) (Rav or Ze'iri): The Halachah follows R. Eliezer.
2. Chachamim forbid the wine.
(g) Version #1 (R. *Elazar* (the Amora)): One seal suffices
for everything except for wine.
(h) (R. Yochanan): One seal suffices for everything, even for
1. Version #1A: They do not argue (about what the
Tana'im said); R. Elazar holds like Chachamim, R.
Yochanan holds like R. Eliezer.
(i) Version #2 (R. Elazar): Two seals suffice for everything
except for wine.
2. Version #1B: They do not argue (about the Halachah,
all agree that it is like R. Eliezer); R. Elazar
explains Chachamim, R. Yochanan explains R. Eliezer.
(j) (R. Yochanan): Two seals suffice for everything, even for
1. Both hold like Chachamim; R. Elazar explains that
Chachamim argue even regarding two seals, R.
Yochanan explains that they only argue about one
(k) Question: What is the case of two seals?
(l) Answer (Rava): A bucket is plastered on top of the
barrel, or a basket fit snugly over a corked barrel, or a
wine pouch tied shut upside down in a sealed sack, or if
one ties the pouch shut, presses the (tied opening)
inside the pouch and ties again from the outside.
(m) (Beraisa): Originally, wine of Ein Kushi (and Barkesa...,
cities of Kusim) was forbidden on account of Biras Serika
(and Kefar Parsha'i..., nearby cities of Nochrim); later,
Chachamim said that open barrels are forbidden, closed
barrels are permitted.
(n) Question: Why did they originally forbid all wine, and
why did they retract?
(o) Answer: Originally, they thought that Kusim never guard
wine from being touched by Nochrim;
1. Later, they reasoned that they do not guard open
barrels, but they guard sealed barrels (because they
intend to sell them to Yisraelim).
(p) Question: But even sealed barrels are forbidden!
3) BEER OF NOCHRIM
1. (Beraisa): One who sends a barrel of wine with a
Kusi, or fish brine (with or without the innards
mixed in) - if he recognizes the seal, it is
permitted; if not, not.
(q) Answer #1 (R. Zeira): A Kusi guards (his own wine) in the
city, he does not guard (another's wine) on the road.
(r) Objection (R. Yirmeyah): Wine in the city also was
(s) Answer #2 (R. Yirmeyah): He guards when everyone is
making wine, for then many people are around, he fears
that people will see a Nochri touch it.
(a) Question: Why is beer of Nochrim forbidden?
(b) Answer #1 (Rami bar Chama): This is a decree to distance
from Nochrim, lest we come to intermarry with them.
(c) Answer #2 (Rav Nachman): Because they leave it exposed
(perhaps there is venom inside).
(d) Question: At what stage of the process of making beer are
we concerned for exposure??
1. If after it is finished - also we leave it exposed!
(e) Answer: It is forbidden in a place where they leave the
water (used for beer) exposed to become clear.
2. If while it is fermenting in the barrel - also we
leave it exposed!
(f) Question: If so, old beer should be permitted!
1. (Rav): If (wine or beer) was exposed, and it was
aged, it is permitted - if it contained venom, it
would not age properly;
(g) Answer: We decree against old beer on account of new
2. If grape juice was exposed, and it fermented, it is
permitted - if it contained venom, it would not
(h) They would take beer out of a Nochri's house, and Rav
Papa would drink on the porch;
(i) They would bring beer from a Nochri's house to Rav
Achai's house, he would drink in his house.
1. Both agree that it is forbidden (to drink in the
Nochri's house) on account of intermarriage; Rav
Achai chose to distance himself further.
(j) Rav Shmuel bar Bisna came to Margo'an (a city of
Yisraelim in which they were not concerned if Nochrim
touch wine). They brought him wine, he did not drink it;
they brought him beer, he did not drink it.
(k) Question: We understand why he did not drink the wine,
lest a Nochri touched it - but why did he not drink the
(l) Answer: This was a personal stringency, lest he drink
(m) (Rav): Beer of Nochrim is permitted; my son Chiya may not
(n) Question: Either it is permitted to everyone, or
forbidden to everyone!
(o) Answer: Rav holds that it is forbidden because they leave
it exposed; the bitterness of the hops burns the venom;
1. Someone who is already sick, this will aggravate his
condition; my son is sick.
(p) (Shmuel): All Sheratzim (creeping creatures) have venom;
snake venom kills, venom of other Sheratzim does not
(q) (Shmuel citing Rav): Nochrim do not die from drinking
exposed liquids (even if snakes injected venom), because
their bodies are hot from eating Shekatzim and Remashim
(insects and swarming creatures), this nullifies the
(r) (Rav Yosef): Beer vinegar of Nochrim is forbidden, for
they mix dregs of their wine with it;
(s) (Rav Ashi): If one sees it taken straight from the (large
storage) barrel, it is permitted - they would not mix in
wine, this would make it spoil quickly.