Babylonian Talmud: Tractate ‘Abodah Zarah

Folio 60a

R. Papa said: If a heathen [was holding] the barrel and an Israelite the cask,⁸  the wine is prohibited. On what ground? — Because [the pouring] results from the effort of the heathen. If, however, an Israelite [was holding] the barrel and a heathen the cask, the wine is permitted; but should [the heathen] tilt it sideways it is prohibited.⁹

R. Papa said: If a heathen carries a skin-bottle [of wine] and an Israelite follows behind him,¹⁰  should it be full it is permitted because [the wine] does not shake,¹¹  but should it not be full it is prohibited because there is the possibility of shaking. In the case, however, of a full cask [being so carried],¹²  it is prohibited because he might have touched it, but should it not be full it is permitted because there is less likelihood that he touched it. R. Ashi said: In the case of a skin-bottle, whether full or not, it is permitted. On what ground? — Because such is not the way of rendering wine nesek.¹³

[Wine] from a press where beams are used¹⁴  is permitted¹⁵  by R. Papi but prohibited by R. Ashi, or according to another version, by R. Shimi b. Ashi. In the case of direct action¹⁶  there is certainly no difference of opinion that it is prohibited, the difference being over the circumstance where there was indirect action.¹⁷  Some declare that in the case of indirect action there is certainly no difference of opinion that it is permitted, the difference being over the circumstance where there was direct action. An instance of such indirect action occurred and R. Jacob of Nehar-Pekod¹⁸  prohibited it.

It once happened that a cask

1. To be drunk.
2. Because it would tend to run out and by touching his hand communicate contamination to the rest of the wine.
3. Accordingly R. Papa's decision is not accepted by all.
4. Containing wine to be used for the heave-offering.
5. V. Glos.
6. Because the defilement is communicated to all the contents.
7. This opinion corresponds with R. Papa's, but it is not adopted in law.
8. The wine being poured from the barrel into the cask.
9. Because he would then be contributing effort towards filling the cask.
10. To see that he does not touch the wine.
11. The bottle is tied at the neck, and when full the contents are not shaken; but when not full, the wine may be shaken. [R. Papa regards shaking when carried as 'splashing' with the hand.]
12. Which is open on top.
13. [Through accidental shaking in the carrier's hand.]
14. To crush the grapes so that the treader does not come in contact with the wine.
15. When the beams are placed over the grapes by a heathen.
16. On the part of the heathen, as when he stood on the beams to press the grapes.
17. If, e.g., a wheel, turned by a heathen, pressed on the beams.
18. Pekod is mentioned in Jer. L, 21 and Ezek XXIII, 23; a district in S.E. Babylon; v. Sanh, (Sonc. ed.) p. 468, n. 3.

A heathen was once found standing in [the empty] wine-press [of an Israelite]. [On being consulted] R. Ashi said: If it was sufficiently moist to moisten other objects, it needs to be rinsed with water and rubbed dry, otherwise mere rinsing is sufficient.

MISHNAH. IF A HEATHEN WAS FOUND STANDING BY THE SIDE OF A VAT OF WINE, SHOULD HE HAVE A LIEN UPON IT THEN IT IS PROHIBITED;³  BUT SHOULD HE NOT HAVE A LIEN UPON IT THEN IT IS PERMITTED. IF [A HEATHEN] FELL INTO A VAT AND CLIMBED OUT,⁴  OR MEASURED IT WITH A ROD, OR FLICKED OUT A HORNET WITH A ROD, OR TAPPED ON THE TOP OF A FROTHING CASK⁵  — IT HAPPENED SO WITH ALL THESE CIRCUMSTANCES, AND [THE RABBIS] SAID THAT IT MAY BE SOLD, WHILE R. SIMEON PERMITS IT.⁶  IF HE TOOK A CASK, AND IN HIS ANGER THREW IT INTO THE VAT — THIS ACTUALLY HAPPENED AND [THE RABBIS] DECLARED IT FIT [FOR DRINKING].

GEMARA. Samuel said: [The first clause of the Mishnah only applies] when he has a lien on that wine [which is in the vat].⁷  R. Ashi said: This is also implied in the [next] Mishnah where we learn: If [an Israelite] prepares a heathen's wine in a state of ritual purity⁸  and leaves it in [the latter's] domain who writes for him, 'I have received the money from you,'⁹  then [the wine] is permitted.¹⁰  If, however, the Israelite wished to remove it and [the heathen] refuses to let it go until he paid him — this actually happened in Beth-Shan and [the Rabbis] prohibited it.¹¹  The reason [why they prohibited it] was because he refused to let it go; hence if he had agreed to let it go, it would have been permitted. Conclude, then, that we require that the lien should be on that wine [for it to be prohibited]! Draw that conclusion.

IF [A HEATHEN] FELL INTO A VAT AND CLIMBED OUT. R. Papa said: [The teaching of the Mishnah that the wine may be sold] applies only to the circumstance when he is brought out dead, but if he climbed out alive it is prohibited. On what ground? — Because it would then be to him like an idolatrous feast-day.¹²

OR MEASURED IT WITH A ROD … IT HAPPENED SO WITH ALL THESE CIRCUMSTANCES, AND [THE RABBIS] SAID THAT IT MAY BE SOLD, WHILE R. SIMEON PERMITS IT. R. Adda b. Ahabah said: May blessings alight upon the head of R. Simeon, because when he permits he permits even the drinking [of the wine] and when he prohibits he prohibits it for all use!¹³  R. Hiyya the son of Abba b. Nahmani reported that R. Hisda said in the name of Rab — another version is, R. Hisda said in the name of Ze'iri: The halachah agrees with R. Simeon. Others declare that R. Hisda said: Abba b. Hanan remarked to me that Ze'iri said: The halachah agrees with R. Simeon. But the halachah is not in accord with R. Simeon.

IF HE TOOK A CASK AND IN HIS ANGER THREW IT INTO THE VAT — THIS ACTUALLY HAPPENED AND [THE RABBIS] DECLARED IT FIT [FOR DRINKING]. R. Ashi said: Whatever is rendered unclean by a zab¹⁴  makes wine [in a similar circumstance] nesek by a heathen, and whatever is not rendered unclean by a zab makes wine not to be nesek by a heathen. R. Huna quoted against R. Ashi: IF HE TOOK A CASK AND IN HIS ANGER THREW IT INTO THE VAT — THIS ACTUALLY HAPPENED IN BETH-SHAN¹⁵  AND [THE RABBIS] DECLARED IT FIT [FOR DRINKING]! [Consequently if he did this] in anger it is [fit for drinking], but if he had not done it in anger it would not [be fit]!¹⁶  —

1. The top part of the barrel presses upon the lower, so only a little wine would run, and there is less possibility of contamination if the heathen exerted pressure on top.
2. Pressed down to lessen the crack.
3. Because he would not be afraid to touch it. If the Israelite were to remonstrate with him, he had the right to claim the wine for his debt.
4. The Gemara requires the rendering: and is brought out (dead).
5. To reduce the amount of the froth.
6. Even to be drunk by Jews.
7. Which the owner was making to pay off the debt, because then the heathen would not be afraid to touch it. But if his lien was generally upon the owner, he would hesitate to disqualify the wine and so involve his debtor in loss.
8. To be sold to Jews.
9. So that the Jew can remove the wine whenever he so desires.
10. So long as the Jew holds the key to the place where the wine is stored.
11. Because the heathen had a lien on that wine, it not having been paid for.
12. In gratitude for his escape he would dedicate the wine to his god.
13. Unlike the other Rabbis whose prohibition is often limited to the drinking of the wine by Jews.
14. V. Glos. The reference here is only to the effect of touching an article.
15. The words in 'Beth-Shan' are included in the text of the Mishnah in some MSS. The place is a Biblical city, the modern Beisan, west of the Jordan.
16. As against this conclusion, if a zab had thrown a cask into the vat, the wine would have been defiled, whereas it is an established principle that a zab defiles only by 'contact' and not by 'throwing'.