POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Avodah Zarah 40
AVODAH ZARAH 40 (20 Nisan) - Today's Daf has been sponsored by Martin Fogel
of Carlsbad, California in memory of his father, Yaakov ben Shlomo Fogel, on
the day of his Yahrzeit.
1) WHEN ARE FISH PERMITTED
(a) (Mishnah): Tiryas that is not diced.
2) WHEN ARE FISH PERMITTED (cont.)
(b) (Beraisa): Tiryas is not considered diced if the head and
spine are recognizable;
1. Brine in which there is a fish - this is when a
Kilbis (Rashi - a small Tamei fish; R. Chananel - a
Tahor fish) or two are swimming in it. (This is a
sign that the brine is from Tahor fish.)
(c) Question: If it is permitted when one is inside, there is
no need to say when two are inside!
(d) Answer: An open barrel must have two, a closed barrel is
permitted with one (Rashi; Tosfos - vice-versa).
(e) (Rav Huna): The head and spine must be recognizable.
(f) (Rav Nachman): The head *or* spine must be recognizable.
(g) Question (Rav Ukva - Mishnah): Any fish with fins and
scales is permitted (implying, there are no other (Tosfos
- external) signs of Kashrus)!
(h) Answer (Abaye): Ara and Falmuda (two species of Tahor
fish) are only permitted by seeing their fins and scales,
for their heads resemble those of Tamei fish.
(i) (Rav Yehudah): Rav Huna and Rav Nachman only argue about
the brine, both agree that the fish itself is forbidden
unless the head and spine are both recognizable.
(j) R. Zeira: I used to eat the brine even if only the head
or spine was recognizable (I thought that they only
argued about the fish itself) - now that I heard Rav
Yehudah's teaching, I will not!
(k) (Rav Papa): The Halachah is, the head and spine of every
fish must be recognizable.
(l) Question (Beraisa): If some (or even one) fish pieces
have a sign of Kashrus, all the pieces are permitted;
1. A case occurred, a Nochri brought a barrel of
pieces; one had a sign of Kashrus, R. Shimon ben
Gamliel permitted all of them.
(m) Answer (Rav Papa): The pieces were recognizably all from
the same fish.
(n) Question: If so, obviously they are permitted!
(o) Answer: One might have thought, we are concerned that by
coincidence, they appear to all be from the same fish,
but really are not - the Beraisa teaches, we are not
(p) A boat laden with Chilak came to Sichra. Rav Huna bar
Chinena saw scales on the walls of the boat, he permitted
(q) Rava: We must be concerned that some of the fish are
1. Rava forbade what Rav Huna bar Chinena had
(r) (R. Yirmeyah of Difti citing Rav Papi): Rav Huna bar
Chinena only permitted the brine, not the fish itself.
(s) (Rav Ashi citing Rav Papa): Rav Huna even permitted the
1. Rav Ashi: I will not forbid the fish, because I
heard from Rav Papa that they are permitted;
2. I will not permit (even the brine), for Rav Yehudah
said that Rav Huna and Rav Nachman argue about the
brine, the fish may not be eaten unless its head and
spine are recognizable.
(a) (Rav Chinena bar Idi): A Nochri brought a boat of barrels
of brine, one barrel had Kilbis in it (one or two, enough
to permit it) - all the open barrels are permitted (we
assume, they had Kilbis, it jumped out), closed barrels
(without Kilbis) are forbidden.
(b) Question (Rav Ada bar Ahavah): How do you know this?
(c) Answer (Rav Chinena): I have three great sources - Rav,
Shmuel and R. Yochanan.
(d) (Rav Berona): Fish innards and fish eggs may only be
bought from a Mumcheh (Rashi - one who is skilled to
discern; Ramban - reliable Yisrael).
(e) Question (Ula): This implies that we are concerned that
the eggs may be from a Tamei fish;
1. Tamei fish give birth to fish, they do not lay eggs!
(f) Answer #1 (R. Dosta'i d'Min Biri): We must delete 'fish
eggs' from Rav Berona's teaching.
(g) Answer #2 (R. Zeira): The teaching is correct - Tamei
fish also lay eggs, just their eggs hatch inside the
mother, Tahor eggs hatch outside the mother.
1. Question: Why must fish eggs be bought from a
Mumcheh - one can check the signs!
(h) Answer (Rava): The case is, the eggs are mashed, the
signs cannot be checked.
2. (Beraisa): The signs of Tahor fish are like the
signs of Tahor eggs.
3. Objection: That cannot be! The signs of Tahor fish
are fins and scales!
4. Correction: Rather, the signs of Tahor fish eggs are
like the signs of Tahor eggs:
i. In Tahor eggs, one end is round, the other is
pointy; In Tamei eggs, both ends are round or
both are pointy.
ii. In Tamei eggs, the yolk is outside, the white
is inside; in Tahor eggs, the yolk is inside,
the white is outside.
iii. If the yolk and white are mixed together, this
is a rodent's egg.
(i) Question: R. Dosta'i deleted 'fish eggs' from the
teaching because he says that Tamei fish do not lay eggs;
3) OTHER PERMITTED FOODS
1. (Beraisa): The signs of Tahor fish eggs are like the
signs of Tahor eggs...(implying that Tamei fish also
(j) Answer: The Beraisa did not say that, that was R. Zeira's
1. R. Dosta'i can correct the Beraisa to say 'the signs
of Tahor fish innards are like the signs of Tahor
(k) Question: If there is no Mumcheh, what should one do?
2. Question: If so, it says that in Tahor innards, one
end is round, the other is pointier - where do we
3. Answer: In the bladder of a fish.
(l) Answer #1 (Rav Yehudah): If the seller says 'I salted
them myself', one may rely on him (he would be afraid to
(m) Answer #2 (Rav Nachman): The seller must say 'These are
the fish, these are the innards'.
1. Rav Yehudah authorized Ada Daila to rely on a seller
who says 'I salted them myself'.
(a) (Mishnah): A leaf of Chiltis.
***** PEREK KOL HA'TZELAMIM *****
(b) Question: Obviously, this is permitted!
(c) Answer: The Mishnah permits even small pieces attached to
the leaves (Ran; Rashi - or in the vessel);
1. Version #1 (Rashi): One might have thought, we are
concerned that the Nochri cut them with his knife -
the Mishnah teaches, this is not so, we assume that
they fell off with the leaves.
(d) (Mishnah): Clumps of soft olives.
2. Version #2 (Ran): One might have thought, we are
concerned that the Nochri cut them with his knife -
the Mishnah teaches, this is not so, for if so they
would not cling to the leaves.
(e) Question: Obviously, this is permitted!
(f) Answer: The case is, they are very soft;
1. One might have thought, this is because wine was put
on them - the Mishnah teaches, this is not so (their
oil made them soft).
(g) (Mishnah): R. Yosi says, Shelachin (olives) are
(h) Question: What are Shelachin?
(i) Answer (R. Yosi bar Chanina): One holds it with one hand,
and the pit comes out.
(j) (Mishnah): Grasshoppers from...
(k) (Beraisa): Grasshoppers, caper fruits and leeks from the
storehouse, pile or boat are permitted,
1. Those sold in the market in front of the vendor are
forbidden, because they sprinkle wine on them.
(l) Similarly - apple wine of Nochrim from the storehouse,
pile or basket it is permitted,
1. What is sold in the market in front of the vendor is
forbidden, because they mix wine with it.
(m) (Beraisa): Rebbi had a stomach ache; he asked if anyone
knew whether or not apple wine of Nochrim is permitted.
1. R. Yishmael b'Rebbi Yosi: Once my father had a
stomach ache; they brought him 70 year old apple
wine of Nochrim, it cured him.
(n) (Mishnah): And similarly regarding Terumah.
2. Rebbi found a Nochri with 300 barrels of 70 year old
apple wine, it cured him. He praised Hash-m for His
(o) Question: What does this mean?
(p) Answer (Rav Sheshes): Similarly, if a Kohen is suspected
of selling Terumah in the guise of Chulin, what is in
front of him is forbidden;
1. What he takes from the storehouse, pile or basket is
permitted - he would not bring Terumah, lest
Chachamim find out and make it all Hefker.
4) WHICH IMAGES ARE FORBIDDEN?
(a) (Mishnah - R. Meir): All images are forbidden, because
they are served once a year;
(b) Chachamim say, the only forbidden images are those
holding a staff, bird or ball;
(c) R. Shimon ben Gamliel says, any image holding anything is
(d) (Gemara) Question: If they are served once a year, why do
Chachamim permit them?
(e) Answer (R. Yitzchak bar Yosef): In R. Meir's region, all
images were served once a year;
1. R. Meir is concerned for the minority, he decrees in
all places on account of his place;
(f) Version #1 - Rashi - Answer #2 (Rav Yehudah): R. Meir and
Chachamim argue about statues of kings.
2. Chachamim are not concerned for the minority, they
do not decree in other places.
(g) Version #2 - Tosfos - Answer #2 (Rav Yehudah): The
Mishnah discusses statues of kings (and Chachamim permit
them if they are not holding anything).
(h) Version #3 - Rashba - Answer #2 (Rav Yehudah): They argue
about statues (R. Meir forbids every statue, lest it is a
statue of a king, even though this is the minority,
Chachamim are not concerned unless it holds something).
(End of Version #3)
1. (Rabah bar bar Chanah): The case is, the statues are
at the entrance to the city.