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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, 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 (but 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 - since they are added to give taste, they are not Batul, even if the Chulin is more than 100 times their volume!
(f) Rav Achai would permit if the (volume of) the vinegar is 50 times the mouse. (Normally, we require 60 times - 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) prohibitions of the Torah.

(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 - plug (surely, the plug 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:

1. Even if he goes in and out, 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.

(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, as was normally done 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), just 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 (which takes about 18 minutes to walk) 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 first clause, Reuven was Metaher his workers.
4. Question: This is also a reason to Metaher (the Taharos) in the second clause (the only difference is what he told his workers)!
5. Answer: Ignoramuses do not stop other ignoramuses from touching Taharos (perhaps another ignoramus touched them).
6. Question: This is also a reason to Metamei in the first clause!
7. Answer (Rava): The case is, there is a crooked path on which Reuven could return suddenly, the workers fear to let others touch.

8. Question: This is also a reason to Metaher in the second clause!
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) We must teach all these cases.

1. If we only taught about transporting barrels, one might have thought that there, the Nochri fears that the Yisrael will see him, but on a wagon or ship, the Nochri can take it far away;
2. If we only taught about a wagon or ship, one might have thought that there, the Nochri fears that the Yisrael will take a different path and see him, but in a store, he can close the door and do as 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, not making a hole (for 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 regarding mud, we understand why it is evident above (it did not whiten) and below (he cannot totally seal it below).
2. But if they argue regarding 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 regarding mud, this is evident above and below!
2. If you (Chachamim) argue regarding plaster, this is not evident above, but it is evident below!
3. Chachamim argue regarding 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 that the Nochri will be able to fill the entire hole, it will not be evident below.

(a) (Rava): The Halachah follows R. Shimon ben Gamliel, because he holds like an anonymous Mishnah (our text, Rashi - the end of our Mishnah; many Rishonim consider the clauses of our Mishnah to be separate Mishnayos, the clause Rava brings is a Mishnah that comes *after* our Gemara, therefore it is quoted in its entirety, and it is obviously considered anonymous).
(b) (Mishnah): 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;

1. If he said 'Dilute (the wine, as was normally done 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.

(c) Question: This is obvious (what is Rava's Chidush?)!
(d) Answer: One might have thought, this is the continuation of R. Shimon's opinion regarding the store - Rava teaches, this is not so.
(e) Question: Since the Halachah follows R. Shimon, and the Halachah follows R. Eliezer (who is not concerned that a Nochri will forge a new seal), why is it forbidden to deposit sealed barrels of wine with Nochrim?
(f) Answer: We are concerned that they will siphon wine out of the narrow airhole.