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4:12:1

משנה: הַמְטַהֵר יֵינוֹ שֶׁל נָכְרִי וְנוֹתְנוֹ בִרְשׁוּתוֹ בְּבַיִת הַפָּתוּחַ לִרְשׁוּת הָרַבִּים בְּעִיר שֶׁיֶּשׁ בָּהּ גּוֹיִם וְיִשְׂרְאֵל מוּתָּר. בְּעִיר שֶׁכּוּלָּהּ גּוֹיִם אָסוּר עַד שֶׁיּוֹשִׁיב שָׁם שׁוֹמֵר. וְאֵין שׁוֹמֵר צָרִיךְ לִהְיוֹת יוֹשֵׁב וּמְשַׁמֵּר אַף עַל פִּי שֶׁהוּא יוֹצֵא וְנִכְנָס מוּתָּר. רַבִּי שִׁמְעוֹן בֶּן אֶלְעָזָר אוֹמֵר כָּל רְשׁוּת גּוֹיִם כְּאַחַת: הַמְטַהֵר יֵינוֹ שֶׁל נָכְרִי וְנוֹתְנוֹ בִרְשׁוּתוֹ וְהַלָּה כוֹתֵב לוֹ שֶׁנִּתְקַבַּלְתִּי מִמְּךָ מָעוֹת מוּתָּר. אֲבָל אִם יִרְצֶה יִשְׂרָאֵל לְהוֹצִיאוֹ וְאֵינוֹ מַנִּיחוֹ עַד שֶׁיִּתֶּן לוֹ אֶת מְעוֹתָיו זֶה הָיָה מַעֲשֶׂה בְבֵית שְׁאָן וְאָסְרוּ חֲכָמִים:

MISHNAH: One who makes a Non-Jew’s wine in purity173The Jew uses a Gentile’s winery to make kosher wine to sell the wine to Jews. and leaves it in his domain, in a house open to the public domain174Where the public has open access. If a Jew saw the Gentile near the wine, he could not anymore sell the wine to Jews. Since this would be costly to him, one may assume that the minor oversight provided by the occasional Jewish visitor is sufficient. in a city where there are Gentiles and Jews it is permitted, in a city where all are Gentiles it is forbidden unless he install there a watchman. But the watchman does not have to sit there and watch; even if he leaves and reenters it is permitted175On condition that he not tell anybody when he would leave or come back.. Rebbi Simeon ben Eleazar says, all Gentiles’ domains are the same176There is no difference between the owner’s property or that of any other Gentile in this matter..
One who makes a Non-Jew’s wine in purity173The Jew uses a Gentile’s winery to make kosher wine to sell the wine to Jews. and leaves it in his domain187Without a guard., if this one writes to him that I received the money, it is permitted188Since the Gentile has recognized the wine as the Jew’s property he will not touch it and expose himself to a suit for damages.. But if the Jew wants to remove it and he does not let him do it before he paid him his money189The Gentile shows that he considers the wine his property until the rental fee for his wine press and wine cellar was paid. This makes the wine Gentile and forbidden., this was a case in Bet Shean and the Sages forbade.

MISHNAH: One who makes a Non-Jew’s wine in purity173The Jew uses a Gentile’s winery to make kosher wine to sell the wine to Jews. and leaves it in his domain, in a house open to the public domain174Where the public has open access. If a Jew saw the Gentile near the wine, he could not anymore sell the wine to Jews. Since this would be costly to him, one may assume that the minor oversight provided by the occasional Jewish visitor is sufficient. in a city where there are Gentiles and Jews it is permitted, in a city where all are Gentiles it is forbidden unless he install there a watchman. But the watchman does not have to sit there and watch; even if he leaves and reenters it is permitted175On condition that he not tell anybody when he would leave or come back.. Rebbi Simeon ben Eleazar says, all Gentiles’ domains are the same176There is no difference between the owner’s property or that of any other Gentile in this matter..
One who makes a Non-Jew’s wine in purity173The Jew uses a Gentile’s winery to make kosher wine to sell the wine to Jews. and leaves it in his domain187Without a guard., if this one writes to him that I received the money, it is permitted188Since the Gentile has recognized the wine as the Jew’s property he will not touch it and expose himself to a suit for damages.. But if the Jew wants to remove it and he does not let him do it before he paid him his money189The Gentile shows that he considers the wine his property until the rental fee for his wine press and wine cellar was paid. This makes the wine Gentile and forbidden., this was a case in Bet Shean and the Sages forbade.

4:12:2

הלכה: הַמְטַהֵר יֵינוֹ שֶׁלְּנָכְרִי כול׳. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹסֵי בֵּרִבִּי חֲנִינָה. לֹא סוֹף דָּבָר פֶּתַח אֶלָּא אֲפִילוּ חַלּוֹן וְיֵשׁ בָּהּ אַרְבַּע עַל אַרְבַּע עַל רוּם עֲשָׂרָה. וּבִלְבַד מְקוּרֶה וּבִמְגוּפָף. הָיָה לִרְבִי. נֵימַר. אִם הָיָה נִרְאֶה עוֹלֵה וְיוֹרֵד בוֹ אָסוּר וְאִם לָאו מוּתָּר. רִבִּי בָּא בְשֵׁם רַב יְהוּדָה. בְּעִיר שֶׁיֵּשׁ בָּהּ דְּלָתַיִם וּבְרִיחַ הִיא מַתְנִיתָא. בְּדָא תַנֵּי. שׁוֹמֵר אַף עַל פִּי שֶׁאֵינוֹ בָא אַחַת לְקִיצִים.

HALAKHAH: “One who makes a Non-Jew’s wine in purity,” etc. 190This Halakhah discusses Mishnah 12.Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina: Not only a door but even a window wide four by four and high ten191Since the numerals are masculine they denote hand-breadths, not quite 10cm. An opening of 4-by-4 and high 10 is considered a door also for the rules of impurity., on condition that it be roofed and glued closed192Not the door but the amphora in which the wine is stored. It cannot be left open in the Gentile’s place under any circumstances but must have a cover, “be roofed”, and the cover must be glued to the amphora by clay which is left to dry. Then it is sufficient that an occasional visitor check that the clay seal is inviolate.. If it was growing, we would say if he is seen climbing up and coming down it is forbidden, otherwise it is permitted193If the wine is stored on a tree (a seemingly unlikely case but which is mentioned also in the Babli, 61a). If an amphora is stored at a place reserved for it and the Gentile is seen going there where he has no reason to be, the wine will become forbidden since one must suspect him of removing the seal, taking some wine, and resealing.. Rebbi Abba in the name of Rav Jehudah: The Mishnah speaks of a town “with double doors and bolts.194A fortified city; the expression is Biblical (Deut. 3:5). In the Babli the author is Samuel, Rav Jehudah’s teacher and the statement is accepted as authoritative. According to Rashi, the reason is that there all inhabitants are known and easily checked out; therefore one does not need a permanent presence of the watchman.” Was it stated in that case “a watchman even if he comes only at intervals”?

HALAKHAH: “One who makes a Non-Jew’s wine in purity,” etc. 190This Halakhah discusses Mishnah 12.Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina: Not only a door but even a window wide four by four and high ten191Since the numerals are masculine they denote hand-breadths, not quite 10cm. An opening of 4-by-4 and high 10 is considered a door also for the rules of impurity., on condition that it be roofed and glued closed192Not the door but the amphora in which the wine is stored. It cannot be left open in the Gentile’s place under any circumstances but must have a cover, “be roofed”, and the cover must be glued to the amphora by clay which is left to dry. Then it is sufficient that an occasional visitor check that the clay seal is inviolate.. If it was growing, we would say if he is seen climbing up and coming down it is forbidden, otherwise it is permitted193If the wine is stored on a tree (a seemingly unlikely case but which is mentioned also in the Babli, 61a). If an amphora is stored at a place reserved for it and the Gentile is seen going there where he has no reason to be, the wine will become forbidden since one must suspect him of removing the seal, taking some wine, and resealing.. Rebbi Abba in the name of Rav Jehudah: The Mishnah speaks of a town “with double doors and bolts.194A fortified city; the expression is Biblical (Deut. 3:5). In the Babli the author is Samuel, Rav Jehudah’s teacher and the statement is accepted as authoritative. According to Rashi, the reason is that there all inhabitants are known and easily checked out; therefore one does not need a permanent presence of the watchman.” Was it stated in that case “a watchman even if he comes only at intervals”?

4:12:3

תַּנֵּי. יִשְׂרָאֵל וְגוֹי שֶׁכָּנְסוּ אֶת יֵינָן בְּפרכייא שֶׁלָּעִיר. אֲפִילוּ שׁוֹמְרִים גּוֹיִם אֲפִילוּ חָבִיּוֹת פְּתוּחוֹת מוּתָּרוֹת שֶׁאֵין מְנַסְּכִין כֵּן.

It was stated196Tosephta 7:10. “A Jew and a Gentile who brought their wine into the surroundings197According to H. L. Fleischer this is derived from Greek περιοχή in its meaning “circumference”. In the Tosephta, the corresponding word is (Persian) פַּרוָר “suburb”. This is translated here. of the city, even if the watchmen are Gentile, even if the amphoras are open, they are permitted since one does not make a libation in this way.”

It was stated196Tosephta 7:10. “A Jew and a Gentile who brought their wine into the surroundings197According to H. L. Fleischer this is derived from Greek περιοχή in its meaning “circumference”. In the Tosephta, the corresponding word is (Persian) פַּרוָר “suburb”. This is translated here. of the city, even if the watchmen are Gentile, even if the amphoras are open, they are permitted since one does not make a libation in this way.”

4:12:4

רִבִּי הִילָא בְשֵׁם רִבִּי יַנַּאי. הַלּוֹקֵחַ כְּמוֹכֵר. וְתַנֵּי כֵן. אֶחָד הָלּוֹקֵח וְאֶחָד הַמּוֹכֵר בִּרְשׁוֹת הַגּוֹי. בִּזְמַן שֶׁהַיַּיִן שֶׁל יִשְׂרָאֵל וְיִשְׂרָאֵל דָּר שָׁם מוּתָּר. וְהוּא שֶׁיְּהֵא עָלָיו מַפְתֵּחַ וְחוֹתָם. וּבִזְמַן שֶׁהַיַּיִן שֶׁלְּגוֹי וְיִשְׂרָאֵל דָּר שָׁם מוּתָּר. וְהוּא שֶׁיְּהֵא לוֹ עָלָיו מַפְתֵּחַ וְחוֹתָם. וְאִם אֵין יִשְׂרָאֵל דָּר שָׁם אָסוּר אַף עַל פִּי שֶׁיֵּשׁ עָלָיו מַפְתֵּחַ וְחוֹתָם.

Rebbi Hila in the name of Rebbi Yannai: The buyer has the same status as the seller. It was stated thus198In the Babli, 61a/b, “buyer and renter”. The Yerushalmi’s version is preferable since the Mishnah refers to the producer who is the seller. The rules about storage are identical for producer and buyer.: Whether the seller or the buyer [stores] on the Gentile’s property. If the wine is the Jew’s and a Jew lives there it is permitted on condition that in his hand are key and seal. If the wine is the Gentile’s and a Jew lives there it is permitted on condition that in his hand are key and seal199The key to the storage room and the seal either on the covers of the amphoras or, if the amphoras are open, on the door to the storage room.; but if no Jew lives there it is forbidden even if key and seal are in his hand.

Rebbi Hila in the name of Rebbi Yannai: The buyer has the same status as the seller. It was stated thus198In the Babli, 61a/b, “buyer and renter”. The Yerushalmi’s version is preferable since the Mishnah refers to the producer who is the seller. The rules about storage are identical for producer and buyer.: Whether the seller or the buyer [stores] on the Gentile’s property. If the wine is the Jew’s and a Jew lives there it is permitted on condition that in his hand are key and seal. If the wine is the Gentile’s and a Jew lives there it is permitted on condition that in his hand are key and seal199The key to the storage room and the seal either on the covers of the amphoras or, if the amphoras are open, on the door to the storage room.; but if no Jew lives there it is forbidden even if key and seal are in his hand.

4:12:5

רִבִּי יִילַי בְשֵׁם רִבִּי יַנַּאי. חֲלוּקִים עַל רִבִּי שִׁמְעוֹן בֶּן לָעְזָר. לֹא עַל הָדָא אִתְאֲמָרַת אֶלָּא עַל הָדָא דְבַתְרָהּ. הַמְטַהֵר יֵינוֹ שֶׁלְּנָכְרִי וכול׳.

Rebbi Ilai in the name of Rebbi Yannai: They disagree with Rebbi Simeon ben Eleazar. Not on this was it said but on the following, “one who makes an Non-Jew’s wine in purity,”200The disagreement is not about the statement of R. Simeon ben Eleazar applied to Mishnah 12, where everybody agrees that the identity of the Gentile is irrelevant, but about Mishnah 13 where the majority insists that it refers only to the owner of the wine press. etc.

Rebbi Ilai in the name of Rebbi Yannai: They disagree with Rebbi Simeon ben Eleazar. Not on this was it said but on the following, “one who makes an Non-Jew’s wine in purity,”200The disagreement is not about the statement of R. Simeon ben Eleazar applied to Mishnah 12, where everybody agrees that the identity of the Gentile is irrelevant, but about Mishnah 13 where the majority insists that it refers only to the owner of the wine press. etc.

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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