Talmud Yerushalmi
Yerushalmi Avodah Zarah 4:8 ירושלמי עבודה זרה ד׳:ח׳
Part of: Chapter 4
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משנה: לוֹקְחִין גַּת בְּעוּטָה מִן הַנָּכְרִי אַף עַל פִּי שֶׁהוּא נוֹטֵל בְּיָדוֹ וְנוֹתֵן לְתוֹךְ הַתַּפּוּחַ. וְאֵינוֹ נַעֲשֶׂה יֵין נֶסֶךְ עַד שֶׁיֵּרֵד לַבּוֹר. יָרַד לַבּוֹר מַה שֶּׁבַּבּוֹר אָסוּר וְהַשְּׁאָר מוּתָּר:
MISHNAH: One may buy a used wine-press from a Non-Jew107Since it is stated later in the Mishnah that grape juice becomes wine only when it is collected in the cistern below the wine press, a wine press used by a Gentile does not have to be cleansed from the remainders of the Gentile’s pressing before being used by the Jew to make kosher wine.. Even if he108This now starts a new topic. The Gentile may help the Jew to load the grapes into the wine press even if the grapes are already oozing juice.. takes it in his hands and puts it on the pile109“The apple” or “the swollen”. Any heap of organic material is called by this expression, so also the heap of ashes at the center of the altar in the Temple courtyard. Here it denotes the heap of grapes to be pressed.. It does not become libation wine until it flows down into the cistern. If it flowed into the cistern110The place where the juice flowing from the wine press is collected. As Rashi points out, European wine presses are not built over cisterns; there the place of the cistern is taken by the barrel into which the juice is collected.
If the Gentile touches the fluid in the cistern, the contents of the cistern become forbidden, the fluid still in the press is permitted. The status of the fluid in the pipe leading from press to cistern has to be discussed in the Halakhah., what is in the cistern is forbidden and the remainder in permitted.
MISHNAH: One may buy a used wine-press from a Non-Jew107Since it is stated later in the Mishnah that grape juice becomes wine only when it is collected in the cistern below the wine press, a wine press used by a Gentile does not have to be cleansed from the remainders of the Gentile’s pressing before being used by the Jew to make kosher wine.. Even if he108This now starts a new topic. The Gentile may help the Jew to load the grapes into the wine press even if the grapes are already oozing juice.. takes it in his hands and puts it on the pile109“The apple” or “the swollen”. Any heap of organic material is called by this expression, so also the heap of ashes at the center of the altar in the Temple courtyard. Here it denotes the heap of grapes to be pressed.. It does not become libation wine until it flows down into the cistern. If it flowed into the cistern110The place where the juice flowing from the wine press is collected. As Rashi points out, European wine presses are not built over cisterns; there the place of the cistern is taken by the barrel into which the juice is collected.
If the Gentile touches the fluid in the cistern, the contents of the cistern become forbidden, the fluid still in the press is permitted. The status of the fluid in the pipe leading from press to cistern has to be discussed in the Halakhah., what is in the cistern is forbidden and the remainder in permitted.
הלכה: לוֹקְחִין גַּת בְּעוּטָה כול׳. תַּנֵּי רִבִּי חָנָן. וְהוּא שֶׁלֹּא הֶעֱלִים יִשְׂרָאֵל אֶת עֵינָיו מִמֶּנּוּ. אֲבַל אִם הֶעֱלִים עֵינָיו מִמֶּנּוּ לֹא בְדָא. עַד כְּדוֹן כְּשֶׁהָיָה נוֹטֵל יַיִן וַעֲנָבִים כְּאַחַת וְנוֹתֵן עַל הַתַּפּוּח. הָיָה נוֹתֵן אֵילּוּ בִפְנֵי עַצְמָן וְאֵילּוּ בִפְנֵי עַצְמָן אֲפִילוּ מִן מוֹתַר גוֹמָמִיוֹת. שֶׁתַּחַת הָאֶשְׁכּוֹלוֹת אֲסוּרוֹת. שֶׁבְּצִידֵּיהֶן מוּתָּרוֹת. רִבִּי יוֹסֵי בֵּירִבִּי בּוּן בְּשֵׁם רִבִּי יוֹחָנָן. הֵן עַצְמָן נַעֲשׂוֹת יַיִן נֶסֶךְ.
HALAKHAH: “One may buy a used wine-press,” etc. Rebbi Ḥanin stated: Only if the Jew did not turn his eyes away from him111The Gentile can help in preparing the harvest for pressing only if at all times a Jew sees him so one is sure that he does not touch the cistern or any storage barrels of grape juice. Quoted in Tosaphot 55b, Roqeaḥ #495, Raviah # 1096, Mordekhai #845, Rosh (Note 113).. But if he turned his eyes away from him, not then. So far if he112The Gentile. was taking juice and grapes together to put on the heap. If he gave these and those separately, (even from what was left in the fissures, what is under the bunches is forbidden, on the sides is permitted.)113The reading of Rosh (Avodah zarah4, #50) in the version of R. Lipman Heller Wallerstein and R. ḤID Azulai seems preferable:
הָיָה נוֹתֵן אֵילּוּ בִפְנֵי עַצְמָן וְאֵילּוּ בִפְנֵי עַצְמָן אֲפִילוּ כֵן
מוּתָּר. גוֹמָמִיוֹת שֶׁתַּחַת הָאֶשְׁכּוֹלוֹת מוּתָּרוֹת.
שֶׁבְּצִידֵּיהֶן הֵן אֲסוּרוֹת.
“If he gave these and those separately, even so it is permitted. The fissures under the bunches are permitted, on the sides they are forbidden.”
If the grapes are harvested into a vat, if the entire vat is emptied into the wine press one does not care if juice already oozed from the grapes since this is part of the pressing process. If the grapes are taken out of the vat and then the fluid is poured into the press separately, this also is acceptable. But if then some fluid is left in the fissures between the wooden planks which form the walls of the vat, it is grape juice in a separate vessel which is no different from a barrel standing under the pipe through which the juice flows from press to cistern; any touch by the Gentile will turn it into forbidden libation wine. Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: Itself it becomes libation wine114He objects to making a difference between places where some juice is left; any juice left in the vat has the same status as juice in the cistern..
HALAKHAH: “One may buy a used wine-press,” etc. Rebbi Ḥanin stated: Only if the Jew did not turn his eyes away from him111The Gentile can help in preparing the harvest for pressing only if at all times a Jew sees him so one is sure that he does not touch the cistern or any storage barrels of grape juice. Quoted in Tosaphot 55b, Roqeaḥ #495, Raviah # 1096, Mordekhai #845, Rosh (Note 113).. But if he turned his eyes away from him, not then. So far if he112The Gentile. was taking juice and grapes together to put on the heap. If he gave these and those separately, (even from what was left in the fissures, what is under the bunches is forbidden, on the sides is permitted.)113The reading of Rosh (Avodah zarah4, #50) in the version of R. Lipman Heller Wallerstein and R. ḤID Azulai seems preferable:
הָיָה נוֹתֵן אֵילּוּ בִפְנֵי עַצְמָן וְאֵילּוּ בִפְנֵי עַצְמָן אֲפִילוּ כֵן
מוּתָּר. גוֹמָמִיוֹת שֶׁתַּחַת הָאֶשְׁכּוֹלוֹת מוּתָּרוֹת.
שֶׁבְּצִידֵּיהֶן הֵן אֲסוּרוֹת.
“If he gave these and those separately, even so it is permitted. The fissures under the bunches are permitted, on the sides they are forbidden.”
If the grapes are harvested into a vat, if the entire vat is emptied into the wine press one does not care if juice already oozed from the grapes since this is part of the pressing process. If the grapes are taken out of the vat and then the fluid is poured into the press separately, this also is acceptable. But if then some fluid is left in the fissures between the wooden planks which form the walls of the vat, it is grape juice in a separate vessel which is no different from a barrel standing under the pipe through which the juice flows from press to cistern; any touch by the Gentile will turn it into forbidden libation wine. Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: Itself it becomes libation wine114He objects to making a difference between places where some juice is left; any juice left in the vat has the same status as juice in the cistern..
גַּת שֶׁפְּקָקָהּ גּוֹי מִבִּפְנִים אֲסוּרָה וּמִבְּחוּץ מוּתֶּרֶת. שֶׁאֵי אֶיפְשַׁר שֶׁלֹּא הָיָה שָׁם שִׁיפָה אַחַת טְלוּלָה וְנוֹגֵעַ בָּהּ וּמְנַסֶּךְ כָּל הַבּוֹר.
A wine press on which a Gentile stopped a leak from the inside is forbidden, from the outside permitted, for it is impossible that there not be wet bast where he touches and turns the entire cistern into libation wine115If the wine press were completely dry, there would be no difference whether the Gentile plugs the leak from the inside or the outside. But if it is moist, the bast which he uses to plug the leak retains some wine which then turns the wine press into a vessel like vat and cisterns, and the Gentile’s touch forbids the wine. But from the outside it never can be considered inside a vessel..
A wine press on which a Gentile stopped a leak from the inside is forbidden, from the outside permitted, for it is impossible that there not be wet bast where he touches and turns the entire cistern into libation wine115If the wine press were completely dry, there would be no difference whether the Gentile plugs the leak from the inside or the outside. But if it is moist, the bast which he uses to plug the leak retains some wine which then turns the wine press into a vessel like vat and cisterns, and the Gentile’s touch forbids the wine. But from the outside it never can be considered inside a vessel..
רַב הוּנָא בְּשֵׁם רַב. הַקִּילּוּחַ כַּבּוֹר. רִבִּי זְעִירָה בָעֵי. בְּכָל אֲתַר לֵית אַתְּ עֲבַד הַנִּצּוֹק חִיבּוּר. וְהָכָא אַתְּ עֲבַד הַנִּצּוֹק חִיבּוּר. סָבַר רַב הוּנָא. נִתְנַסֵּךְ הַבּוֹר נִתְנַסֵּךְ הַקִּילּוּחַ. נִתְנַסֵּךְ הַקִּילּוּחַ לֹא נִתְנַסֵּךְ הַבּוֹר. רִבִּי בָּא לֹא אָמַר כֵּן. אֶלָּא נִתְנַסֵּךְ הַבּוֹר לֹא נִתְנַסֵּךְ הַקִּילּוּחַ. נִתְנַסֵּךְ הַקִּילּוּחַ נִתְנַסֵּךְ הַבּוֹר. מַאי דְאָמַר רַב הוּנָא בְּשֵׁם רַב. הַקִּילּוּחַ כַּבּוֹר. סָבַר רַב הוּנָא. כְּשֵׁם שֵׁהַבּוֹר מִתְנַסֵּךְ כָּךְ הַקִּילּוּחַ מִתְנַסֵּךְ. תָּמָּן אָמְרֵי בְּשֵׁם רַב. מַגָּעוֹ שֶׁלְּגוֹי עוֹשֶׂה יַיִן נֶסֶךְ. רַב נַחְמָן בַּר יַעֲקֹב אָמַר. וּבִלְבַד בְּשׁוֹתֵת.
Rav Huna in the name of Rav: The jet is like the cistern116Babli 55b. The case of the conduit from wine press to cistern which was not treated in the Mishnah is decided: The moment when a drop of grape juice passes the filter at the bottom of the press and enters the pipe leading to the cistern it turns into wine.. Rebbi Ze`ira asked: Everywhere117The basic text is Mishnah Ṭahorot8:8 which states that any flow downwards is no connection for impurity while standing fluid on a level surface is. Babli 72a. you do not say that flow is connection, but here you are treating flow as connection? Rav Huna is of the opinion that if the cistern became libation wine, the flow became libation wine118In these matters, any defect is transferred upwards but not downwards.; if the flow became libation wine the cistern did not become libation wine119If the flow was cut off and prevented from reaching the cistern.. Rebbi Abba did not say so, but if the cistern became libation wine, the flow did not become libation wine; if the flow became libation wine the cistern became libation wine. What Rav Huna said in the name of Rav, the jet is like the cistern, for Rav Huna is of the opinion, just as the cistern becomes libation wine so the jet becomes libation wine. There, they say in the name of Rav, the touch of a Gentile makes libation wine. Rav Naḥman bar Jacob said, only when it is flowing120A libation consists of shaking the wine as an homage to the gods. Therefore if the touch of the Gentile did not move the wine from its position at rest, no libation was made..
Rav Huna in the name of Rav: The jet is like the cistern116Babli 55b. The case of the conduit from wine press to cistern which was not treated in the Mishnah is decided: The moment when a drop of grape juice passes the filter at the bottom of the press and enters the pipe leading to the cistern it turns into wine.. Rebbi Ze`ira asked: Everywhere117The basic text is Mishnah Ṭahorot8:8 which states that any flow downwards is no connection for impurity while standing fluid on a level surface is. Babli 72a. you do not say that flow is connection, but here you are treating flow as connection? Rav Huna is of the opinion that if the cistern became libation wine, the flow became libation wine118In these matters, any defect is transferred upwards but not downwards.; if the flow became libation wine the cistern did not become libation wine119If the flow was cut off and prevented from reaching the cistern.. Rebbi Abba did not say so, but if the cistern became libation wine, the flow did not become libation wine; if the flow became libation wine the cistern became libation wine. What Rav Huna said in the name of Rav, the jet is like the cistern, for Rav Huna is of the opinion, just as the cistern becomes libation wine so the jet becomes libation wine. There, they say in the name of Rav, the touch of a Gentile makes libation wine. Rav Naḥman bar Jacob said, only when it is flowing120A libation consists of shaking the wine as an homage to the gods. Therefore if the touch of the Gentile did not move the wine from its position at rest, no libation was made..
אֲרָמַיָיא נְפַל לְגוֹבָא. אֲתַא עוֹבְדָא קוֹמֵי רִבִּי הוּנָא. אָמַר. כּוֹבְשִׁין עָלָיו עַד דְּתִזְחֲלוּן גּוֹבָה. אָמַר רִבִּי חֲנִינָה. יָדָא אוֹשִׁיט. אָמַר. אַיְיתוֹן נִיצְרִין וְזָלְפוּן מִתּוּתֵי יָדֵיהּ.
An Aramean fell into a cavity. The case came before Rebbi Huna who said, immobilize him121Since libation wine is created by a Gentile moving the wine, the Non-Jew has to be immobilized until the cistern is emptied. until you have emptied the cavity. Rebbi Ḥanina said, he is moving his hand. He said, bring willow baskets and approach from under his hand122Hebrew and Aramaic זלף means “to sprinkle” (Note 161). This does not make any sense here. The word is Arabic زلف “to approach, advance toward”. One brings baskets or mats of willow weave and approaches his arms from below so that his hands are in the air above the wine and cannot move the wine..
An Aramean fell into a cavity. The case came before Rebbi Huna who said, immobilize him121Since libation wine is created by a Gentile moving the wine, the Non-Jew has to be immobilized until the cistern is emptied. until you have emptied the cavity. Rebbi Ḥanina said, he is moving his hand. He said, bring willow baskets and approach from under his hand122Hebrew and Aramaic זלף means “to sprinkle” (Note 161). This does not make any sense here. The word is Arabic زلف “to approach, advance toward”. One brings baskets or mats of willow weave and approaches his arms from below so that his hands are in the air above the wine and cannot move the wine..
שִׁמְעוֹן בַּר חִיָיה הֲוָה מַתְנֵי לְחִיָיה בַּר רַב. גּוֹי מֵאֵימָתַי עוֹשֶׂה יַיִן נֶסֶךְ. אָמַר לֵיהּ. מִשֶּׁיּוֹדֵעַ בְּטִיב עֲבוֹדָה זָרָה. אַפִּיק רַב יאשיה מִכִּילְתָא אָמַר לֵיהּ. הָדָא דְאַתְּ אָמַר. בְּלוֹקֵחַ עֲנָבִים מִן הַגּוֹי. אֲבָל הגּוֹי עַצְמוֹ בֶּן יוֹמוֹ עוֹשֶׂה יַיִן נֶסֶךְ.
Simeon bar Ḥiyya was instructing Ḥiyya bar Rav. Starting when does a Gentile make libation wine123This seems to be a question which Ḥiyya bar Rav asked Simeon bar Ḥiyya.? He told him, from when he knows the nature of idol worship. (Rav Joshia left) [Rav put out his head]124The translation [in brackets] follows the argument of S. Lieberman (Hayerushalmi Kiphshuto New York 1995, p. 226) that one has to read not אפיק רב יאשיה but אפיק רב ראשיה as in Eruvin1:1, 18d line 33. from the curtain and told him, you may say this if one buys grapes from the Gentile. But the Gentile proper makes libation wine when he is one day old125Babli 57a, where Simeon bar Ḥiyya actively opposes Rav. Rav admits the leniency only for grape juice flowing from grapes in a vat. But in this case, even an adult Gentile was admitted as help. The leniency applies only to the juice left in the vat after it was emptied of grapes, cf. Note 113..
Simeon bar Ḥiyya was instructing Ḥiyya bar Rav. Starting when does a Gentile make libation wine123This seems to be a question which Ḥiyya bar Rav asked Simeon bar Ḥiyya.? He told him, from when he knows the nature of idol worship. (Rav Joshia left) [Rav put out his head]124The translation [in brackets] follows the argument of S. Lieberman (Hayerushalmi Kiphshuto New York 1995, p. 226) that one has to read not אפיק רב יאשיה but אפיק רב ראשיה as in Eruvin1:1, 18d line 33. from the curtain and told him, you may say this if one buys grapes from the Gentile. But the Gentile proper makes libation wine when he is one day old125Babli 57a, where Simeon bar Ḥiyya actively opposes Rav. Rav admits the leniency only for grape juice flowing from grapes in a vat. But in this case, even an adult Gentile was admitted as help. The leniency applies only to the juice left in the vat after it was emptied of grapes, cf. Note 113..
גּוֹי מָהוּ שֶׁיַּעֲשֶׂה בְּפִיו יַיִן נֶסֶךְ. רִבִּי אָדָא בְּשֵׁם רִבִּי לָעְזָר. אֵין גּוֹי עוֹשֶׂה יַיִן נֶסֶךְ בְּפִיו. רִבִּי יִרְמְיָה בְּשֵׁם רִבִּי אַבָּהוּ. הַגּוֹי עוֹשֶׂה יַיִן נֶסֶךְ בְּפִיו. וְתַנֵּי כֵן. אֲגָרַנִיסוֹם שֶׁטָּעַם מִן הַכּוֹס אוֹ מִן הַמֵּינֶיקֶת וְהֶחֱזִיר לְחָבִית אָסוּר. עַל דַּעְתֵּיהּ דְּרִבִּי אָדָא בְּשֵׁם רִבִּי לָעְזָר. וְהוּא שֶׁהֶחֱזִיר הַגּוֹי. עַל דַּעְתֵּיהּ דְּרִבִּי יִרְמְיָה בְּשֵׁם רִבִּי אַבָּהוּ. וַאֲפִילוּ הֶחֱזִיר יִשְׂרָאֵל.
May a Gentile make libation wine with his mouth? Rebbi Ada in the name of Rebbi Eleazar: A Gentile cannot make libation wine with his mouth. Rebbi Jeremiah in the name of Rebbi Abbahu: A Gentile can make libation wine with his mouth. And we have stated thus: “If a market supervisor126This should read אגרנימוס Greek ἀγορανόμος “market supervisor”. tasted from a cup or from a suction pipe127To check the quality of the wine, whetrher the customer would not be overcharged. and returned128The remainder of the wine. to the amphora it is forbidden.” In the opinion of Rebbi Ada in the name of Rebbi Eleazar, only if the Gentile returned it129Since they hold that the motion of the wine induced by the overseer’s mouth cannot make libation wine, if the Gentile returned it to the amphora he causes waves in the wine which makes it libation wine forbidden for usufruct.. In the opinion of Rebbi Jeremiah in the name of Rebbi Hoshaia, even if a Jew returned129aFor him the wine drawn by the overseer is libation wine in all cases; the person who returns the wine to the amphora will make it forbidden in all cases..
May a Gentile make libation wine with his mouth? Rebbi Ada in the name of Rebbi Eleazar: A Gentile cannot make libation wine with his mouth. Rebbi Jeremiah in the name of Rebbi Abbahu: A Gentile can make libation wine with his mouth. And we have stated thus: “If a market supervisor126This should read אגרנימוס Greek ἀγορανόμος “market supervisor”. tasted from a cup or from a suction pipe127To check the quality of the wine, whetrher the customer would not be overcharged. and returned128The remainder of the wine. to the amphora it is forbidden.” In the opinion of Rebbi Ada in the name of Rebbi Eleazar, only if the Gentile returned it129Since they hold that the motion of the wine induced by the overseer’s mouth cannot make libation wine, if the Gentile returned it to the amphora he causes waves in the wine which makes it libation wine forbidden for usufruct.. In the opinion of Rebbi Jeremiah in the name of Rebbi Hoshaia, even if a Jew returned129aFor him the wine drawn by the overseer is libation wine in all cases; the person who returns the wine to the amphora will make it forbidden in all cases..