Yerushalmi Avodah Zarah 4:11 ירושלמי עבודה זרה ד׳:י״א

MISHNAH: A Non-Jew who was found standing next to a wine cistern, if he has a loan secured by it¹⁶²The Jewish owner’s wine is mortgaged to a Gentile. Then it may be assumed that the Gentile touched the wine, which makes the wine forbidden for the Jew. The Gentile may take the wine as repayment of the loan., [the wine] is forbidden, if he has no loan secured by it, it is permitted. If he fell into the cistern and climbed out, or measured it with a measuring rod; if he tried to hit a wasp with a stick¹⁶³The stick did not hit the wasp but the wine in the amphora. This certainly is not libation wine but it was hit if not by the Gentile so by the force of his arm; the wine is forbidden as drink but permitted for usufruct., or was drumming on the mouth of a fermenting amphora¹⁶⁴There is a distinct possibility that the Gentile touched the foam on the mouth of the amphora. This is not a way of making libations.; all these cases happened and they said, it should be sold¹⁶⁵To Gentiles since the wine is forbidden as drink but permitted for usufruct., but Rebbi Simeon permits. If he took the amphora and threw it into the cistern;¹⁶⁶In a rage; there is no libation. this happened and they declared it kosher¹⁶⁷Even to drink...

HALAKHAH: “A Non-Jew who was found standing,” etc. Rab Sheshet in the name of Rav: Only if he has a lien on this particular cistern¹⁶⁸The Mishnah could be read as applying to a loan secured by all wine in the possession of the debtor. It is now asserted that in the opinion of Rav (in the Babli, 60b, of Samuel) only the holder of a lien on the particular cistern will consider the wine his property and therefore touch it without hesitation whereas a lender on a future harvest will only visit wine press and threshing floor to ascertain that the harvest is sufficient to secure his claim but he will not touch the produce or the wine since it is not his. In the Babli, this is the only opinion declared consistent with the following Mishnaiot; the discussion in the Yerushalmi shows that the opposing opinion is considered equally valid.. But if he has no lien on this particular cistern, it is the way of creditors to stand near wine presses and threshing floors. They wanted to say, he who says, only if he has a lien on this particular cistern, within his outstretched arms¹⁶⁹The definition of “next to” is “within reach of his hands without moving his body.” This is the definition accepted for the distance in which a person not following the rules of impurity makes vessels and food impure by his presence (Mishnah Ṭahorot7:3)., but he who says, even if he has no lien on this particular cistern, even outside his outstretched arms¹⁷⁰Since he is more restrictive than the first opinion, one may assume that he is more restrictive in this matter also.. But did not Rebbi Abba say in the name of Rav Sheshet¹⁷¹Halakhah 5:6 (45a l. 1)., just as they gave outstretched arms for purity so they gave it for libation wine? But it must be so: He who says, only if he has a lien on this particular cistern, within his outstretched arms, but he who says, even if he has no lien on this particular cistern, only outside his outstretched arms¹⁷²The definition of “next to” is independent of the circle of persons to which it is applied. In all circumstances, “next to” means what can be reached without moving one’s body..

“One who makes a Non-Jew’s wine in purity,” etc. ¹⁷⁷This Halakhah in its entirety refers to Mishnah 11, not Mishnah 12. Rebbi Abin in the name of Rebbi Samuel, practice follows Rebbi Simeon¹⁷⁸Who in Mishnah 11 permitted to drink wine which the Sages only permitted for usufruct. This tradition is quoted in the Babli 60b but in the end rejected.. Rebbi Abin in the name of Samuel. I am atoning for Rebbi Simeon¹⁷⁹This is an expression traditionally used by the son speaking of his father. He considers himself the spiritual son of R. Simeon (ben Ioḥai)., either permit to drink or forbid for usufruct¹⁸⁰R. Simeon holds that any wine not forbidden for usufruct is not forbidden as drink.. Rebbi Jeremiah said in the name of Rebbi Abbahu. There was a case and they permitted for drinking following Rebbi Simeon. Rebbi Samuel in the name of Rebbi Abbahu: A Gentile does not make libation wine by throwing¹⁸¹If the Gentile never touched the wine but moved it by throwing the bottle in which it was stored, he cannot possibly have made it into libation wine. Quoted in Tosaphot 59a/b s. v. מהו.. Does a Gentile make libation wine in his rage? Let us hear from the following: An Aramean¹⁸²A Gentile, cf. Halakhah 1:6, Note 177. had boxes in a wine press. There came a Jew and sprinkled wine on them. The Aramean came¹⁸³It might be better to read אַייָתִי “brought” instead of אֲתַא “came”. [with] a pitcher and poured it out into the cistern. The case came before the rabbis who said, a Gentile does not make libation wine in his rage.

Rebbi Jeremiah in the name of Rebbi Ḥiyya bar Abba. One who mixes wine, with hot water it is forbidden, with cold water it is permitted. It should come over me, if I ever did this¹⁸⁴He never let a Gentile pour water in his cup of wine.. Rebbi Yasa went to Tyre¹⁸⁵In the Babli 58b a similar story is told of R. Jeremiah himself. The problem with the text here is that R. Yasa was one of the teachers of R. Ḥiyya bar Abba, the teacher of R. Jeremiah’s teacher R. Ze`ira.. He saw them drinking wine with hot water and an Aramean was mixing. He told them, what¹⁸⁶“What”, not “who”. He made it clear that he did not think that any rabbi would allow this. did allow you?