ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Avodah Zarah 61
AVODAH ZARAH 61 (11 Iyar) - dedicated by the Feldman family in memory of
their mother, ha'Rabbanit Sara Dvosya bas Rav Mordechai (of Milwaukee).
(a) We already discussed the Seifa of our Mishnah 'ha'Metaher Yeino shel
Akum ve'Nosno bi'Reshuso', there where the Nochri writes the Yisrael a
receipt in advance of the payment. The Reisha of the Mishnah permits the
wine, even where he did not do so - provided his house is open to the Reshus
ha'Rabim, and Jews and not just Nochrim, live in the town.
(b) He also permits the wine if a Yisrael guards the wine-press - which
means that he comes and goes unexpectedly (but not necessarily that he sits
and watches the wine-press incessantly).
(c) The problem with our Mishnah, which requires Yisre'elim to specifically
live in the town - is why it will not suffice for them to come in to town as
(d) So Shmuel establishes our Mishnah when the town-gates are kept locked -
and the town's residents generally know who is granted entry rights.
Consequently, whenever there are no Jews in town, the Nochri will not be
afraid to be Menasech the wine.
(a) When Rav Yosef compares a window that opens to a Reshus-ha'Rabim, he
might mean that the Nochri's house opens out to the Chatzer and there is a
corresponding window in the wall between the street and the Chatzer - or he
might mean that a Yisrael lives in the vicinity, whose window opens out to
the Chatzer of the Nochri.
(b) Beside a trash-heap, Rav Yosef also compares - a date-palm to a Reshus
ha'Rabim in this regard (since the Nochri will be afraid to be Menasech the
wine, in case the Yisrael is climbing his tree at that moment to pick dates
and spots him).
(c) Rav Acha and Ravina argue over a date-palm which has had its top cut
off, and there is no fruit to pick, and the reason of the one who
nevertheless permits the wine in the wine-press is - that the Nochri is
still afraid that the Yisrael might spot him being Menasech the wine, as he
climbs the tree to look for an animal that went astray.
(a) In a case where someone purchases or rents a house in a Chatzer
belonging to a Nochri, and he fills it with barrels of wine, the Beraisa
makes a distinction between whether a Yisrael lives in the same Chatzer - in
which case the wine is permitted, even if he *does not possess the key and
the seal* to the wine-press, or a neighboring one - in which case it is only
permitted if he *does*.
(b) The Beraisa adds that a Yisrael who is Metaher the wine of a Nochri in
the Nochri's domain, and a Yisrael lives in the same Chatzer as the Nochri -
the wine is permitted only if he possesses the key and the seal to the
(c) The Tana is more stringent in this case than in the previous one -
because, seeing as the wine is his own, the Nochri is less afraid to touch
(d) Rebbi Yochanan suggested to the Beraisa-expert however, to change this
latter statement to read 'Af-al-Pi she'Ein Mifte'ach ve'Chosem be'Yado,
Mutar (like in the Reisha).
(a) In the previous case, but where a Yisrael lives in a neighboring
Chatzer, the Beraisa rules - that the wine is forbidden, even if the Yisrael
possesses the key and the seal.
(b) The author of the Beraisa until now is Rebbi Meir. The Chachamim, who
require a Shomer, cannot be referring to ...
1. ... this last case - since Rebbi Meir requires a Shomer, too.
(c) In fact, the Chachamim refer to - the Seifa de'Reisha, where the wine
belongs to the Yisrael, but the Yisrael lives in a neighboring Chatzer
(which they now equate with the ruling of the Seifa de'Seifa, where the wine
belongs to the Nochri).
2. ... to the Reisha de'Seifa (where the Yisrael lives in the same
Chatzer) - since Rebbi Yochanan changed Rebbi Meir's ruling to a more
lenient one, something that he would not have done, had the Chachamim been
more strict than Rebbi Meir.
(a) The Beraisa then equates the Din of a Shomer with a 'Memuneh ha'Ba
le'Kitzin'. This cannot be correct however - because if the appointee comes
at fixed times, which the Nochri knows in advance, why on earth should the
wine be permitted?
(b) So we amend it to read - 'ad she'Yavo Memuneh she'Eino Ba le'Kitzin'.
(a) We learned in the Reisha of our Mishnah, ('ha'Metaher Yeino shel Akum
... be'Ir she'Kulah Ovdei-Kochavim'), that the Tana Kama forbids the Yisrael
to leave his wine in the Reshus of the Nochri. Rebbi Shimon ben Elazar
says - 'Reshus Ovdei-Kochavim Achas Hi'.
(b) We ask whether he comes to be more lenient than the Tana Kama or more
strict. If he is more lenient - then his statement is a rhetorical question,
which means 'Do you really think that all Nochrim are one collective
domain?'; whereas if he comes to be more strict - his words are a statement,
and what he means is that they are indeed all considered one domain.
(a) When ...
1. ... Rav Yehudah Amar Ze'iri says that Rebbi Shimon ben Elazar comes to be
more lenient, he means - that the Rabbanan forbid the wine, irrespective of
whether it is lying in the domain of the seller, or in the domain of another
(b) The reason for being strict (despite the fact that the Nisuch will take
place in a third party's house), is because of the 'S'vara' of 'Gomlin'
(today Jack will allow John to creep into his house and be Menasech the
wine, so that tomorrow, when *he* sells the Yisrael wine, he will receive
the same favor from John).
2. ... Rav Nachman Amar Ze'iri says that he comes to be more strict, he
means - that the reverse is true; it is the Rabbanan who are lenient, and
Rebbi Shimon ben Elazar who is strict.
(c) The opinion of Rav Nachman Amar Ze'iri (who maintains that Rebbi Shimon
ben Elazar is strict) has the support of a Beraisa. The Tana quotes Rebbi
Shimon ben Elazar as saying - that Rebbi Shimon ben Elazar is strict in that
he considers the domain of all Nochrim as one, because of the swindlers (who
(a) Parzak Rufila was - a man named Parzak, who was 'Rufila' (viceroy) of
***** Hadran Alach, 'Rebbi Yishmael' *****
(b) The argument of ...
1. ... the Rabbanan, who thought that, when Parzak Rufila's family deposited
wine that Jews had purchased on credit, with their Arisim, the wine was
permitted, even according to Rav Nachman, who holds 'Gomlin' was - that
seeing as it is not the way of Arisim to deposit wine with their landowners,
'Gomlin' did not apply, and there was therefore no reason to forbid the
(c) With regard to a Nochri who was found among barrels of wine belonging to
Jews (see Tosfos DH 'ha'Hu'), Rava ruled - that if he was a nonentity, who
was afraid of the judges of the town, then the wine was permitted; but if he
was an important person, then it was forbidden.
2. ... Rava, who disillusioned them and forbade the wine even according to
those who don't hold 'Gomlin' was - based on the assumption that the Arisim
would be afraid of the property owners, and would therefore cover up for
them, in the event that they sneaked in and were Menasech the wine (with or
(d) When Rava said ...
1. ... 'Chamra Shari', he meant - even to drink.
2. ... 'Chamra Asur', he meant - even be'Hana'ah.