1)

A MOUSE THAT FELL INTO VINEGAR

(a)

Question: If a mouse fell into vinegar, what is the law?

(b)

Answer #1 (Rav Hilel): A case occurred, and Rav Kahana forbade the vinegar.

(c)

Rejection (Rav Ashi): He forbade because the mouse was decimated into tiny pieces. One who ingests the vinegar would eat those pieces. (However, if the mouse was whole, perhaps the vinegar is permitted!)

(d)

(Ravina): (Even though mice have a strong taste), we are not more stringent than when Terumah falls into Chulin. If the (volume of) the vinegar is 100 times (that of) the mouse, it is permitted.

(e)

Rejection (Rav Tachlifa bar Giza): Perhaps the mouse is considered like spices of Terumah in a pot. They are not Batel in 100 times their volume (because a small amount of spices gives much taste. They are Batel if they cannot be tasted - Tosfos.)

(f)

Rav Achai permits if the (volume of) the vinegar is 50 times the mouse. (Normally, we require 60 times as much Heter. Since vinegar is strong, things do not impart taste to it so easily.)

(g)

Rav Shmuel brei d'Rav Ika required 60 times as much when it fell into beer.

(h)

The Halachah is, whether a mouse fell into beer or vinegar, 60 times is needed, like (standard) Isurim of the Torah.

2)

CONCERN LEST A 'NOCHRI' OPENED A BARREL OF WINE

(a)

(Mishnah): If a Nochri was transporting barrels of wine with a Yisrael:

1.

If the barrels are in Chezkas ha'Mishtamer (the status of being guarded) and the Yisrael went away, the wine is permitted;

2.

If the Yisrael told the Nochri that he will not return for a period of time enough to pierce (Rashi - the plug; Rambam - the lid), seal it and for the sealing to dry, it is forbidden.

3.

R. Shimon ben Gamliel says, if it is enough to break open (the seal on) the lid (Rambam; Rashi - the plug (surely, it will break), make a new plug and) seal it, and for the sealing to dry, it is forbidden.

(b)

If a Yisrael left a Nochri on a wagon or ship with barrels of wine, and took a shortcut;

1.

Even if the Yisrael entered the city and bathed in a bathhouse, the wine is permitted;

2.

If he told him that he will not return for the time to pierce, seal and dry, it is forbidden;

3.

R. Shimon ben Gamliel says, if it is enough to open, seal and dry, it is forbidden.

(c)

If a Yisrael left a Nochri in a store with barrels of wine, even if he goes in and out, the wine is permitted;

1.

If he told him that he will not return for the time to pierce, seal and dry, it is forbidden;

2.

R. Shimon ben Gamliel forbids if it is enough time to open, seal and dry.

(d)

If a Yisrael ate with a Nochri, and left flasks of wine on the table and Dulbaki (a small table), wine on the table is forbidden. Wine on the Dulbaki is permitted;

1.

If he said 'dilute (the wine; it was normal to do so before drinking) and drink', even the wine on the Dulbaki is forbidden;

2.

Open barrels of wine (in the house) are forbidden. Closed barrels are forbidden if he was away long enough to open, seal and dry.

(e)

(Gemara) Question: What is Chezkas ha'Mishtamer?

(f)

Answer (The Yisrael could return suddenly, therefore the Nochri fears to touch.) It is like we establish the following Beraisa.

1.

(Beraisa): If Reuven's workers (ignoramuses, who do not properly observe laws of Tum'ah) were carrying Taharos, even if he went more than a Mil (about a kilometer; one walks a Mil in 18 minutes) away, the Taharos are Tehorim;

i.

If he told him 'go, I will come after you', once they leave his view, the Taharos are (assumed to be) Teme'im.

2.

Question: Why is the law different in the two cases?

3.

Answer (R. Yitzchak): In the Reisha, Reuven was Metaher his workers (he insisted that they immerse).

4.

Question: We should assume that he was Metaher them also in the Seifa! (The only difference is what he told his workers.)

5.

Answer: Ignoramuses do not stop other ignoramuses from touching Taharos. (Perhaps the workers allowed another ignoramus, who did not immerse, to touch them.)

6.

Question: Also in the Reisha we should be Metamei for this reason!

7.

Answer (Rava): The case is, there is a crooked path on which Reuven could return suddenly. (The workers fear to let others touch.)

69b----------------------------------------69b

8.

Question: If so, we should be Metaher also in the Seifa!

9.

Answer: Since Reuven said that he will come later, they are not afraid.

(g)

(Mishnah): If a Yisrael left a Nochri on a wagon or ship... If a Yisrael left a Nochri in a store...

(h)

The Tana needed to teach all these cases.

1.

Had he taught only about transporting barrels, one might have thought that there, the Nochri fears lest the Yisrael see him, but on a wagon or ship, the Nochri can take it far away;

2.

Had he taught only about a wagon or ship, one might have thought that there, the Nochri fears lest the Yisrael take a different path and see him, but in a store, he can close the door and do like he pleases.

(i)

(Rabah bar bar Chanah): Chachamim argue with R. Shimon ben Gamliel when the cork is made of plaster, but if it is made of mud, they agree that we are concerned only for opening it, and not making a hole. (Mud does not turn white until it dries for a day. It would be evident that he made a hole and sealed it.)

(j)

Question (Beraisa): R. Shimon ben Gamliel said to Chachamim: If he will make a hole (and seal it), this will be evident above and below!

1.

If they argue about mud, we understand why it is evident above (it did not whiten) and below (he cannot totally seal it below).

2.

However, if they argue about plaster, this is evident below, but not above!

(k)

Answer: R. Shimon ben Gamliel was unsure of Chachamim's opinion. He says that in any case, he argues:

1.

If you (Chachamim) argue about mud, this is evident above and below!

2.

If you (Chachamim) argue about plaster, this is not evident above, but it is evident below!

3.

Chachamim argue about plaster. Because it is not evident above, perhaps the Yisrael will not look below. (He will assume that no hole was made.)

4.

Alternatively, Chachamim are concerned lest the Nochri be able to fill the entire hole, and it will not be evident below.

3)

THE 'HALACHAH'

(a)

(Rava): The Halachah follows R. Shimon ben Gamliel, because he holds like a Stam (anonymous) Mishnah (our text, Rashi - the Seifa of our Mishnah. Many Rishonim consider the clauses of our Mishnah to be separate Mishnayos, with the Gemara on each in between. The clause Rava brings is a later Mishnah, therefore he quotes it in its entirety, and it is obviously considered Stam).

1.

If a Yisrael ate with a Nochri, and left flasks of wine on the table and Dulbaki, wine on the table is forbidden. Wine on the Dulbaki is permitted;

2.

If he said 'dilute and drink', even the wine on the Dulbaki is forbidden;

3.

Open barrels of wine are forbidden. Closed barrels are forbidden if he was away long enough to open, seal and dry.

(b)

Question: This is obvious! (What is Rava's Chidush?)

(c)

Answer: One might have thought that this is the continuation of R. Shimon's opinion about the store. Rava teaches that this is not so.

(d)

Question: Since the Halachah follows R. Shimon, and the Halachah follows R. Eliezer (who is not concerned lest a Nochri forge a new seal), why is it forbidden to deposit sealed barrels of wine with Nochrim?

(e)

Answer: We are concerned lest they siphon wine out of the narrow airhole.

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