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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Avodah Zarah 72
AVODAH ZARAH 72-76 - Sponsored by a generous grant from an anonymous donor.
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prays that Hashem will repay him in kind.
(a) Reuven told Shimon 'If I sell this land, it will be to
you'; Shimon made a Kinyan Chalipin. Reuven sold it to
2) WINE THAT TOUCHED A NOCHRI'S FLASK
(b) (Rav Yosef): Shimon acquires it.
(c) Objection (Abaye): He was not Posek!
1. Question: What is the source that one does not
acquire before Pesikah?
(d) Question: What was the conclusion?
2. Answer (Mishnah): If a Yisrael sells wine to a
i. If he Pasak before he measured out the wine,
the money is permitted;
ii. If he measured out the wine before he was
Posek, the money is forbidden.
1. Objection: The Mishnah proves that the Halachah
(e) Answer (Rav Idi bar Avin): A case occurred, Rav Huna
ruled according to the following Beraisa:
2. Answer: Perhaps normally, one can acquire before
Pesikah; it is a stringency of Yayin Nesech to say
that he does not acquire.
1. (Beraisa): If Reuven's donkey-drivers or workers
were carrying produce, and Shimon (who wants to buy)
took them into his house, if they were Posek *or*
measured the produce (but not both), either party
can retract. (Taking workers into one's house is not
Meshichah (while they are laden with the produce),
both Meshichah and Pesikah are needed.)
(f) Yehudah told David 'If I sell this land, it will be to
you, for 100 Zuz'; David made a Kinyan. Yehudah sold it
to Moshe for 120.
2. If Reuven or Shimon unloaded it and brought it into
i. If they were Posek even without measuring,
neither party can retract (unloading counts
ii. If they measured but were not Posek, either
party can retract.
(g) (Rav Kahana): David acquires it.
(h) Objection (R. Yakov of Nehar Pekod): Yehudah meant, if I
*choose* to sell it for the proper price;
1. Surely, he sold it for a higher price because he was
under (financial) duress!
(i) The Halachah follows R. Yakov.
(j) If Reuven said 'I sell this land to you, (the price will
be) as three people estimate it' - if two of the three
agree, that is the price (since he insisted on three, and
mentioned *estimating*, he intends that they should be
like Beis Din);
(k) If he said 'As three people *will say*', all three must
agree on the price.
(l) If he said 'As four people estimate it', all four people
must agree (since he insisted on four, he does not intend
for a Beis Din, he wants many opinions), all the more so
if he said 'As four people will say'.
(m) (Rav Papa): If Reuven said 'As three people estimate it',
and three estimated it, Shimon (the buyer) can insist on
getting three different people who know the price better.
(n) Objection (Rav Huna brei d'Rav Yehoshua): Why should he
be able to do so - perhaps the first three know the price
(o) The Halachah follows Rav Huna brei d'Rav Yehoshua.
(a) (Mishnah): If a Yisrael took a funnel and measured wine
into a Nochri's flask, and then measured into a
1. If a drop of wine could remain in the funnel (there
is a place it could get caught), the wine in the
Yisrael's flask is forbidden;
(b) If one pours from one vessel into another, the wine left
in the top vessel is permitted, that in the bottom vessel
(c) (Gemara - Mishnah): Nitzuk (a stream of water falling
through the air), Ketarfes (water flowing down an
incline), or Tofe'ach (something wet enough to wet a hand
that touches it) is not considered touching, neither
Letamei (e.g. if the bottom is Tamei and the top is
Tahor) or Letaher (Rashi - for them to join to make a
Mikveh; Ramban - to Metaher water by touching it to a
1. Ashboren (a collection of water) is considered
connected Letamei and Letaher.
(d) (Rav Huna): Nitzuk, Ketarfes and Tofe'ach are connections
regarding Yayin Nesech (it is as if the Nochri also
touched the top liquid).
(e) Objection (Rav Nachman): What is the your source?
1. Suggestion: You infer from the Mishnah, Nitzuk,
Ketarfes and Tofe'ach are not connections for Tum'ah
and Taharah, but they are regarding Yayin Nesech.
(f) Conclusion: You cannot infer your law from the Mishnah.
2. Rejection (end of the Mishnah): Ashboren is
considered connected Letamei and Letaher.
i. You should likewise infer that it is not
connected regarding Yayin Nesech (but this is
(g) Support (for Rav Huna - Mishnah): If a Yisrael took a
funnel and measured wine into a Nochri's flask, and then
measured into a Yisrael's:
3) CONCERN ABOUT NOCHRIM THAT CONTACTED WINE
1. If there is a place for a drop of wine to remain in
the funnel, the wine in the Yisrael's flask is
(h) Rejection (R. Chiya): No, the case is, the wine in the
flask reached the bottom of the funnel.
2. Suggestion: The drop is forbidden on account of
Nitzuk (when pouring into the Nochri's (which
probably was not clean), a flow of wine connected
the funnel to drops of Yayin Nesech remaining at the
bottom) - this shows that Nitzuk is a connection
regarding Yayin Nesech!
(i) Inference: R. Chiya had to establish the Mishnah in this
way because Nitzuk is not a connection!
(j) Rejection: No - he established it this way because he was
sure that if the wine reached the bottom of the funnel,
this would forbid the residue;
1. He was not sure whether or not Nitzuk is a
(k) Support (for Rav Huna - Mishnah): If one pours from one
vessel into another, the wine left in the top vessel is
1. Inference: The wine in midair is forbidden, because
Nitzuk connects it (to Yayin Nesech in the bottom
(l) Objection: If so, also the wine in the top vessel should
(m) Answer: No, the case is, he interrupted the flow (so
there was never a stream connecting the two vessels).
1. The inference remains, the wine in midair is
forbidden, because Nitzuk connects it (to Yayin
Nesech in the bottom vessel).
(n) Question (end of the Mishnah): The bottom vessel is
1. Inference: The wine in midair is permitted, i.e.
Nitzuk is not a connection!
(o) Conclusion: The inferences contradict one another, we
cannot determine which is correct, the Mishnah neither
supports nor refutes Rav Huna.
(p) Support (for Rav Huna - Beraisa): If one pours a barrel
of wine into a pit (of wine), all the wine outside the
barrel (i.e. the wine in midair) is forbidden.
(q) Rejection (Rav Sheshes): (It is not forbidden because it
is connected to Yayin Nesech in the pit; rather,) the
case is, a Nochri pours, this forbids it. (We can also
establish the end of our Mishnah (if one pours from one
vessel into another, the top vessel is permitted, the
bottom vessel is forbidden) in this way.)
(r) Question: If so, even the wine in the barrel should be
(s) Answer: A Nochri's Ko'ach (if he moves wine without
touching it) is forbidden mid'Rabanan;
1. Chachamim only decreed about the wine that left the
(a) Rav Chisda (to wine sellers): When you pour wine into a
Nochri's vessel, interrupt the flow, or throw the wine
from afar (so a stream will never connect your vessel to
(b) Rava (to people who pour wine): Do not allow Nochrim to
help you, perhaps you will let go and he will pour alone,
his Ko'ach will forbid the wine.
(c) A man was siphoning wine from a barrel using two
connected reeds (in a bent shape; after sucking the wine
so it begins to flow, all the wine will flow out by
itself). A Nochri put his hand on the bottom, stopping
the flow; Rava forbade all the wine, even what remained
in the barrel.
(d) Rav Papa: Do you forbid (Ramban - even benefit from the
wine) on account of Nitzuk?
(e) Rejection: No - this is unlike regular Nitzuk - all the
wine would have flowed out of the reeds, they are like an
extension of the barrel.
(f) (Mar Zutra brei d'Rav Nachman): It is permitted to drink
from Kenishkenin (a vessel with pipes exuding for people
to drink from it) at the same time as a Nochri. (Even
though wine that touches the Nochri's lips is forbidden,
Nitzuk (R. Tam; Ra'avad - of this kind, where the Yisrael
drinks wine from a separate pipe) is not a connection.)
1. This is provided that the Yisrael stops drinking
first - once the Nochri stops, it is forbidden (the
forbidden wine returns to the vessel and mixes with
all the wine).
(g) Version #1: Rabah bar Rav Huna permitted the Reish Galusa
to drink from Kenishkenin (at the same time as a Nochri;
R. Chananel - with a Yisrael, it is not forbidden on
account of (mourning over) the Churban. (But it is
forbidden to drink with a Nochri, either because Nitzuk
is a connection, or lest the Nochri will stop drinking
(h) Version #2: Rabah bar Rav Huna himself drank from