1)

A 'NOCHRI' WHO DID NOT INTEND TO TOUCH WINE

(a)

Question: Why did he wait?

1.

Suggestion: He wanted to see if there was another Tana who forbids benefit from it, like R. Noson. (If so, he would forbid benefit from it.)

i.

(Beraisa): If a Nochri measured (the depth of) wine by sticking in his hand or foot, one may sell the wine;

ii.

R. Noson says, if he stuck his hand in, one may not benefit from it. If he used his foot, one may sell it.

2.

Rejection: R. Noson forbids benefit only when he used his hand, but not when he used his foot!

(b)

Answer: He wanted to see if there was another Tana who permits drinking it, like R. Shimon (in the Mishnah (60b). If so, he would permit drinking it.)

(c)

A Nochri climbed a date tree and took a Lulav. On his way down, the end of the Lulav (our text; R. Tam - he) accidentally touched wine.

(d)

Rav: The wine may be sold to Nochrim.

(e)

Rav Kahana and R. Asi: You yourself said that a one day old Nochri makes Yayin Nesech (if he touches wine, even though he has no intention)!

(f)

Rav: I meant only that one may not drink it, but one may benefit from it.

2)

WHICH 'NOCHRIM' MAKE 'YAYIN NESECH?'

(a)

Question (against Rav - Rav Simi bar Chiya - Beraisa): If one bought slaves from a Nochri and they were circumcised but did not yet immerse, and similarly Bnei Shifchos (children of a Yisrael's female slave; she did not yet immerse to become a Shifchah Kena'anis) that were circumcised but did not yet immerse:

1.

Their spit and Medrasan (what they step on) are Teme'im (mid'Rabanan, they are like Zavim, even) in the market;

2.

Some say, their spit and Medrasan are Tehorim (the slaves are like Safek Zavim, therefore, they are not Metamei in Reshus ha'Rabim);

3.

Adults make Yayin Nesech, but children do not;

i.

'Adult' refers to one who knows idolatry well. 'Child' is one who does not.

4.

Summation of question: It says that adults make Yayin Nesech, but children do not!

(b)

Answer: The Seifa (that distinguishes children from adults) discusses Bnei Shifchos. (They will be raised in the Yisrael's house. Rav taught that a Stam Nochri child, who will be raised in a Nochri's house, makes Yayin Nesech.)

(c)

Question: It says similarly (Bnei Shifchos... This implies that the law is the same as for slaves who did not yet immerse, i.e. Nochrim)!

(d)

Answer #1: Their law is the same regarding Tum'ah (of their spit and Medrasan).

(e)

Question: This is like the opinion that they (spit and Medrasan of Nochrim) are Teme'im;

1.

However, according to the opinion that they are Tehorim, how can we answer? (All the more so, spit and Medrasan of Bnei Shifchos are Tehorim, so the Beraisa need not teach this. Rather, 'similarly' teaches about Yayin Nesech!)

(f)

Answer #2: It teaches that slaves born to Nochrim have the same law as Bnei Shifchos. They make Yayin Nesech before immersing, but not afterwards.

1.

This is unlike Rav Nachman.

2.

(Rav Nachman): If one buys slaves from a Nochri, even after they are circumcised and immerse, they make Yayin Nesech until their (previous) connection to idolatry is forgotten.

3.

Question: How long is this?

4.

Answer (R. Yehoshua ben Levi): It is 12 months. (R. Tam (57b DH Le'afukei) - R. Yehoshua ben Levi said so about a different matter, and the same applies here.)

(g)

Question (against Rav Nachman - Rabah - Beraisa): If one bought slaves from a Nochri and they were circumcised but did not yet immerse, and similarly Bnei Shifchos that were circumcised but did not yet immerse:

1.

Their spit and Medrasan are Teme'im in the market;

57b----------------------------------------57b

2.

Some say, they are Tehorim;

3.

Adults make Yayin Nesech, but children do not;

i.

'Adult' refers to one who knows idolatry well. 'Child' is one who does not.

4.

Summation of question: It says that slaves who were circumcised but did not yet immerse make Yayin Nesech, but not after immersion!

(h)

Answer: This refers to Bnei Shifchos (they were born in the Yisrael's house. Regular slaves make Yayin Nesech for a year after immersion.)

(i)

Question: It says similarly (Bnei Shifchos... This implies that the law is the same as for regular slaves!)

(j)

Answer #1: The law is the same regarding Tum'ah;

(k)

Question: This is like the opinion that their spit and Medrasan are Teme'im;

1.

However, according to the opinion that they are Tehorim, what can we answer?

(l)

Answer #2: It teaches that regular slaves (before immersing) have the same law as Bnei Shifchos. Only adults make Yayin Nesech, but children do not.

1.

This argues with Rav.

2.

(Rav): A one-day old Nochri makes Yayin Nesech.

3)

SHAKING WITHOUT INTENT FOR 'NISUCH'

(a)

A case occurred in which a Nochri entered Reuven's store and asked to buy wine.

1.

Reuven: We do not have wine.

2.

There was wine in a bucket. The Nochri inserted his hand, shook it and said 'this is not wine?!' Reuven angrily took it away and poured it into a barrel (containing more wine).

(b)

Rava: (All) the wine may be sold to Nochrim.

(c)

Rav Huna bar Chinena and Rav Huna brei d'Rav Yehoshua: One may not benefit from it!

1.

Rava's Talmidim permitted it. The Talmidim of Rav Huna bar Chinena and Rav Huna brei d'Rav Yehoshua forbade it.

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