2) HALACHAH: THE LAW OF "NITZOK CHIBUR" WITH REGARD TO "YAYIN NESECH"
OPINIONS: The Gemara records different opinions regarding whether the principle of "Nitzok Chibur" applies to Yayin Nesech. "Nitzok Chibur" means that the column of flowing liquid creates a Halachic connection between the liquid in the first container with the liquid in the second container. Rav Huna (on 72a) proves that when one pours wine into a barrel containing Yayin Nesech, all of the wine in the first container also becomes Yayin Nesech when the first drops of wine being poured touch the Yayin Nesech in the second barrel. Rav Nachman refutes Rav Huna's proof. What is the Halachah?

(a) The RAMBAN quotes RABEINU CHANANEL who rules that Nitzok is a Chibur; it does create a connection. He explains that Rav Nachman himself never directly argues with Rav Huna; he merely refutes his proof. Moreover, Rav Chisda (72b) told people who would pour wine for Nochrim to do so by stopping the stream of wine from the top of the pitcher before the first droplets of wine reach the bottom vessel (which is easier to do when pouring from a distance), or to throw the wine into the vessels of the Nochrim. Both ways indicate that Rav Chisda was wary of the fact that Nitzok is a Chibur. This is also the opinion of TOSFOS (DH Kocho), the RAMBAM (Hilchos Ma'achalos Asuros 12:12), and many other Rishonim.

RASHI (DH d'Gava'i) also writes that the Halachah is that Nitzok is a Chibur. The Gemara states that when one pours wine from a barrel into a pit, the wine that drips off of the barrel is forbidden. Rav Ashi explains that this case refers to a Nochri who pours wine. Rav Ashi understands that Nitzok is a Chibur, and no one afterwards argues with his statement. This indicates that the Halachah follows the opinion that Nitzok is a Chibur. Since the Nochri's effect on the wine creates only an Isur d'Rabanan (as he does not touch the actual wine), he prohibits only the wine that drips or pours out of the barrel, but not the wine inside the barrel.

The RITVA, RAN, RAMBAN and others ask that Rashi's words are difficult to understand. Rashi says, in the same sentence, that the Halachah is that Nitzok is a Chibur, and that whatever is not poured and remains inside the barrel is not forbidden! How can both statements be true? Once the part of the wine poured outside the barrel becomes Yayin Nesech, that wine automatically connects the rest of the contents of the barrel with the wine that was poured out and it should all become Yayin Nesech!

The Ritva and Ran answer that since the wine outside the barrel is forbidden only because of an Isur d'Rabanan, the Rabanan were lenient and ruled that in such a case the law of Nitzok does not forbid what remains inside the barrel, but only what drips outside of the barrel.

The RA'AVAD and RABEINU YITZCHAK (quoted in SEFER HA'YASHAR #719) also rule that Nitzok is a Chibur. However, they argue that Rav Ashi is not of this opinion, because if he maintains that Nitzok is a Chibur, then all of the wine in the barrel should be forbidden.

(b) The Rishonim quote the RABOSEINU HA'TZARFASIM who rule that Nitzok is not a Chibur. This is also the opinion of RABEINU TAM. In the discussion between Rav Huna and Rav Nachman, the Gemara concludes that Rav Huna's proof is not conclusive. Just as Rebbi Chiya was unsure of the Halachah in this case, Rav Huna himself may have been unsure as well. This is supported by the Gemara earlier (56b) that first assumes that Rav Huna ruled a certain way because he maintains "Nitzok Chibur," and then the Gemara says that the case there is different and it is not a case of "Nitzok Chibur." If, however, the Gemara here is certain that Rav Huna maintains "Nitzok Chibur," then why does the Gemara earlier not interpret Rav Huna's statement to be in accordance with his view that Nitzok is a Chibur?

There seems to be a strong proof for this opinion in the Gemara later which discusses the "Kanishkanin," wide jugs with two or three reed-straws that protrude from their sides and that reach the height of the jug. (Those straws would fill up when the jugs were filled with wine, enabling a number of people to drink from the jugs at one time.) The Gemara states that Mar Zutra and Rabah permitted Jews to drink from the Kanishkanin together with a Nochri, as long as the Nochri did not stop drinking. The jug of wine becomes forbidden only when the Nochri stops drinking, because the wine he stopped drinking goes back down into the jug, making the rest of the wine forbidden. According to one version of the Gemara, Rabah himself drank wine in such a manner. According to the opinion that Nitzok is a Chibur, why is this permitted? As soon as the Nochri begins to drink, the jug should become forbidden, because all of the wine is connected to the wine that the Nochri is drinking! It is this Gemara which persuades the RAMBAN to conclude that Nitzok is not a Chibur.

The Ritva answers that it is possible that the decree of Nitzok applies only when one pours something with his hand. In the case of Kanishkanin, the Nochri's contact with the wine involves only his lips. Since most Nochrim who pour wine for Avodah Zarah do not do so with their lips alone, the Rabanan did not apply their decree of "Nitzok Chibur" in such a case. (See also the answer of the Ran in the name of the Ra'avad.) (Y. Montrose)