1)

HOW MUCH IS FORBIDDEN WITH A 'NOCHRI'S' TOUCH

(a)

The spigot came off a barrel of wine. A Nochri ran and stuck his hand there to prevent the wine from spilling out.

(b)

Version #1 (Rav Papa): The wine at the level of his hand (where the spigot was) is forbidden (Rashi - to drink; Tosfos - to benefit from it, but all the wine is forbidden to drink), the rest is permitted.

(c)

Version #2 (Rav Papa): The wine at or above the level of the spigot is forbidden (because the Nochri kept it from spilling out). The rest is permitted. (end of Version #2)

(d)

(Rav Yemar) Rav Papa's law is like R. Yehudah, and unlike Chachamim.

1.

(Mishnah): If a barrel was punctured at the top, bottom or side, and a Tvul Yom (one who immersed today, he will be fully Tahor at nightfall) touched Terumah inside, all of it is Tamei;

2.

R. Yehudah says, if it was punctured at the top or bottom, it is all Tamei (for it is all considered even with his hand);

i.

If the side was punctured, what the Tvul Yom touched is Tamei, and the rest is Tahor.

(e)

(Rav Papa): If a Nochri poured wine from a bottle into a Keli held by a Yisrael, one may not benefit from the wine he poured;

1.

If a Yisrael poured wine from a bottle into a Keli held by a Nochri, it is permitted;

2.

If the Nochri shook the Keli, it is forbidden (to benefit from the wine, lest he touched it. Alternatively, one may not drink the wine, for the Nochri's Ko'ach moved it.)

(f)

(Rav Papa): If a Nochri carried a sealed pouch of wine and a Yisrael saw that he did not reach inside:

1.

If the pouch is full, the wine is permitted (the wine cannot shake inside). If it is not full, the wine is forbidden, lest he shook it.

2.

If he carried an open flask of wine (and a Yisrael supervised);

i.

If the flask is full, the wine is forbidden (perhaps the wine splashed onto his finger on top of the flask);

ii.

If it is not full, the wine is permitted (we know that he did not touch it. He would not shake it, lest it spill.)

(g)

(Rav Ashi): If he carried a sealed pouch, whether or not it is full, the wine is permitted.

(h)

Question: What is the reason?

(i)

Answer: It is not normal to be Menasech wine while carrying it.

(j)

(Rav Papi): In a Ma'atzarta (a Gas in which grapes are not stomped, they are pressed solely by a beam), if a Nochri put the beam on them, the wine is permitted;

(k)

(Rav Ashi): The wine is forbidden.

(l)

Version #1: All agree that if the Nochri's Ko'ach caused the pressing, it is forbidden;

1.

They argue about Ko'ach of his Ko'ach (he gave impetus to something that caused the pressing).

(m)

Version #2: All agree that Ko'ach of his Ko'ach does not forbid;

1.

They argue about his Ko'ach.

(n)

A case occurred with Ko'ach of his Ko'ach, and R. Yakov of Nehar Pekod forbade it.

60b----------------------------------------60b

(o)

A barrel full of wine cracked lengthwise (from top to bottom). A Nochri ran and held the barrel together so it would not split. Rafram bar Papa permitted selling the wine to Nochrim.

1.

Had the barrel cracked widthwise (across the middle), it would be permitted to drink the wine.

2.

Question: What is the reason?

3.

Answer: (Above, the barrel began splitting, the Nochri clamped the sides together, slightly shaking the wine). Here, the barrel would not have come apart (just wine would have seeped out). If a Nochri pressed down, he is merely like a weight on top.

(p)

A Nochri was found in a Ma'atzarta (the wine had already been removed).

(q)

Rav Ashi: If the Gas is Tofe'ach Lehatfi'ach (wet enough to enable something that touches it to wet something else), it must be rinsed and dried;

1.

If the Gas is only Tofe'ach (wet enough to wet something that touches it), it suffices to rinse it.

2)

WHEN ARE WE CONCERNED FOR NISUCH?

(a)

(Mishnah): If a Nochri was found by Reuven's pit of wine:

1.

If Reuven owes him money, the wine is forbidden (the Nochri feels free to be Menasech, for he can keep the wine to pay the debt).

2.

If Reuven does not owe him money, the wine is permitted.

(b)

In the following cases, the wine may be sold.

1.

A Nochri fell into a pit of wine and came up;

2.

A Nochri inserted a rod to measure the wine;

3.

A Nochri chased a wasp from the wine with a rod;

4.

A Nochri leveled off the foam on top of the wine.

5.

Each of these cases actually occurred, and Chachamim permitted selling the wine.

6.

R. Shimon says, it is permitted (to drink).

(c)

A case occurred in which a Nochri angrily threw a barrel into the pit. Chachamim permitted the wine in the pit.

(d)

(Gemara - Shmuel): The wine is forbidden only if it was collateral for Reuven's debt.

(e)

Support (Rav Ashi - Mishnah): If Reuven processed the wine of a Nochri (Tony) (to sell it to Yisraelim) and it was left in Tony's house, and Tony wrote 'I already received the money for it (from you)', the wine is permitted;

1.

A case occurred in Beis She'an. Tony did not let Reuven take it before paying, and Chachamim forbade the wine.

2.

Inference: If Tony would let Reuven take it before paying, it would be permitted, even though Reuven owes him for it (since the wine is not collateral for the debt).

(f)

(Mishnah): A Nochri fell into a pit of wine and came up.

(g)

(Rav Papa): This is only if he came up dead. If he came up alive, it is forbidden.

(h)

Question: What is the reason?

(i)

Answer (Rav Papa): On the way up, he thanks his idolatry for saving him (and he is Menasech) like on his festival.

(j)

(Mishnah): A Nochri measured the wine with a rod... all of these cases occurred, and Chachamim said that the wine must be sold;

(k)

R. Shimon permits it.

(l)

(Rav Ada bar Ahavah): R. Shimon is consistent. When he permits, he permits drinking the wine. When he forbids, he forbids all benefit.

(m)

(Rav Chisda): The Halachah follows R. Shimon.

(n)

The Halachah does not follow R. Shimon.

(o)

(Mishnah): A case occurred in which a Nochri angrily threw a barrel into the pit. Chachamim permitted it.

(p)

(Rav Ashi): If a Zav would be Metamei a person through a certain action (e.g. he touched it directly or indirectly), if a Nochri did the same to wine, it becomes Yayin Nesech.

1.

If a Zav would not Metamei through the action, if a Nochri did the same to wine, it is not Yayin Nesech.

(q)

Question (Rav Huna - Mishnah): A case occurred in which a Nochri angrily threw a barrel into a pit. Chachamim permitted the wine in the pit.

1.

Inference: Had he thrown it without anger, the wine would be forbidden (even though a Zav does not Metamei a person by throwing something at him)!

(r)

Version #1 (Rashi) Answer: He threw it into the pit from very close (but from far away, it is always permitted).

(s)

Version #2 (Tosfos) Answer: He was holding it the entire time, even when it hit the wine.

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