Talmud Yerushalmi
Yerushalmi Avodah Zarah 5:10 ירושלמי עבודה זרה ה׳:י׳
Part of: Chapter 5
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משנה: הַמּוֹכֵר יֵינוֹ לַנָּכְרִי פָּסַק עַד שֶׁלֹּא מָדַד דָּמָיו מוּתָּרִין. מָדַד עַד שֶׁלֹּא פָסַק דָּמָיו אֲסוּרִין. נָטַל אֶת הַמַּשְׁפֵּךְ וּמָדַד לְתוֹךְ צְלוֹחִיתוֹ שֶׁל נָכְרִי וּנְטָלוֹ וּמָדַד לְתוֹךְ צְלוֹחִיתוֹ שֶׁל יִשְׂרָאֵל אִם יֶשׁ בּוֹ עַקֶּבֶת יַיִן אָסוּר. הַמְעָרֶה מִכֶּלִי אֶל כֶּלִי אֶת שֶׁעֵרָה מִמֶּנּוּ מוּתָּר אֶת שֶׁעֵרָה לְתוֹכוֹ אָסוּר:
MISHNAH: If somebody sells his wine to a Non-Jew, in case he fixed the price before that one measured, the proceeds are permitted117The entire amphora is sold wholesale for a fixed price. By accepting the deal the Gentile becomes the owner and owes the money to the Jew. If then he takes the measuring rod and dips it into the wine, the wine already is his property and what he does with it is irrelevant for Jewish law.; if that one measured before he fixed the price, the proceeds are forbidden118If the Gentile buys the wine by volume, the contents of the amphora have to be measured before the deal is concluded. It is essential that the measuring be done by a Jew since if the Gentile dips the rod into the amphora he is moving the wine and this turns it into libation wine forbidden for usufruct.. If he took the funnel and measured into a Non-Jew’s vessel, then took it and measured into the vessel of a Jew, if it is contaminated with wine it is forbidden119If the wine is sold in retail quantities and a funnel is used to pour from the amphora into a smaller vessel, it is essential that the funnel be thoroughly cleansed after wine was sold to a Gentile. Since the wine becomes forbidden the moment it reaches the Gentile’s vessel, any drops clinging to the bottom of the funnel which was immersed in the Gentile’s wine also are forbidden. Since libation wine is forbidden in the most minute amounts, a single drop remaining on the funnel turns everything passing through the funnel into libation wine.. If somebody pours from a vessel to another, what is poured from is permitted120While we hold that fluids conduct impurity, so that continuous pouring from a pure into an impure vessel will transfer the impurity to the fluid remaining in the upper vessel, we do not hold so for the prohibition of libation wine. Therefore if wine is poured from an amphora into a smaller vessel, the status of the smaller vessel has no influence on the status of the wine remaining in the amphora., what is poured into is forbidden121The Yerushalmi does not discuss whether wine poured from an amphora into a Gentile’s vessel becomes forbidden when it reaches the vessel or when it leaves the amphora. The difference is relevant to the previous case that a funnel was used in the process. In the first case, the funnel has to be cleansed only in that part which was immersed in the lower vessel; in the second case it has to be cleansed and dried thoroughly from top to bottom..
MISHNAH: If somebody sells his wine to a Non-Jew, in case he fixed the price before that one measured, the proceeds are permitted117The entire amphora is sold wholesale for a fixed price. By accepting the deal the Gentile becomes the owner and owes the money to the Jew. If then he takes the measuring rod and dips it into the wine, the wine already is his property and what he does with it is irrelevant for Jewish law.; if that one measured before he fixed the price, the proceeds are forbidden118If the Gentile buys the wine by volume, the contents of the amphora have to be measured before the deal is concluded. It is essential that the measuring be done by a Jew since if the Gentile dips the rod into the amphora he is moving the wine and this turns it into libation wine forbidden for usufruct.. If he took the funnel and measured into a Non-Jew’s vessel, then took it and measured into the vessel of a Jew, if it is contaminated with wine it is forbidden119If the wine is sold in retail quantities and a funnel is used to pour from the amphora into a smaller vessel, it is essential that the funnel be thoroughly cleansed after wine was sold to a Gentile. Since the wine becomes forbidden the moment it reaches the Gentile’s vessel, any drops clinging to the bottom of the funnel which was immersed in the Gentile’s wine also are forbidden. Since libation wine is forbidden in the most minute amounts, a single drop remaining on the funnel turns everything passing through the funnel into libation wine.. If somebody pours from a vessel to another, what is poured from is permitted120While we hold that fluids conduct impurity, so that continuous pouring from a pure into an impure vessel will transfer the impurity to the fluid remaining in the upper vessel, we do not hold so for the prohibition of libation wine. Therefore if wine is poured from an amphora into a smaller vessel, the status of the smaller vessel has no influence on the status of the wine remaining in the amphora., what is poured into is forbidden121The Yerushalmi does not discuss whether wine poured from an amphora into a Gentile’s vessel becomes forbidden when it reaches the vessel or when it leaves the amphora. The difference is relevant to the previous case that a funnel was used in the process. In the first case, the funnel has to be cleansed only in that part which was immersed in the lower vessel; in the second case it has to be cleansed and dried thoroughly from top to bottom..
הלכה: הַמּוֹכֵר יֵינוֹ לַנָּכְרִי כול׳. רִבִּי בָּא רַב הוּנָא בְשֵׁם רַב. וְאָהֵן דִּנְגַד בְּזִיקָא וְהִיא מִיבְזָעָא בְיָדֵיהּ לָא חַיָיב בָּהּ. אָמַר רִבִּי יוֹסֵי בֵּירִבִּי בּוּן. לָכֵן צְרִיכָה אֲפִילוּ מְעִיל לָהּ גַּו חַנוּתָה וְלָא אִתְכַּוֵון אֶלָּא דְלָא יִזְכָּה בָהּ חוֹרוֹן. מָהוּ שֶׁתִּקָּנֶה לוֹ כְּשַׁעַר הַפָּחוֹת. אָמַר רִבִּי חַגַּיי קוֹמֵי רִבִּי יוֹסֵי. מַתְנִיתָא אָמְרָה שֶׁאֵינָהּ נִקְנֵית לוֹ כְּשַׁעַר הַפָּחוֹת. דְּתַנִּינָן תַּמָּן. הַמּוֹכֵר יֵינוֹ לַנָּכְרִי. פָּסַק עַד שֶׁלֹּא מָדַד דָּמָיו מוּתָּרִין. מָדַד עַד שֶׁלֹּא פָסַק דָּמָיו אֲסוּרִין. אִם אַתָּה אוֹמֵר לִקָּנוֹת לֹו כְּשַׁעַר הַפָּחוֹת אֲפִילוּ מָדַד עַד שֶׁלֹּא פִיסֵּק יֵיעָשֶׂה כְמִי שֶׁפִּיסֵּק עַד שֶׁלֹּא מָדַד וְיִהְיוּ דָמָיו מוּתָּרִין.
HALAKHAH: “If somebody sold his wine to a Non-Jew,” etc. 122The text is copied from Qiddušin 1:4, Notes 420–429. The first paragraph belongs to the theory of transfer of property; it is irrelevant here. The origin of the second clearly is in Qiddušin since the Mishnah here is quoted as “there”, even though the text here is slightly better. Rebbi Abba, Rav Huna in the name of Rav: One who handles a wine-skin and it splits in his hand is not responsible for it. Rebbi Yose ben Rebbi Abun said, it is necessary even if he takes it in the store when he has no other intention than that no other person should take it. Can he take possession at a minimal rate123If there is firm intention to buy one could argue that the buyer already agreed to pay no less than the lowest price recorded for a similar product within the last few days. Then it would be irrelevant whether the wine was measured before or after the price was fixed. Since prices are influenced by news, the question could have been dismissed out of hand. Babli 72a.? Rebbi Ḥaggai said before Rebbi Yose, a Mishnah says that it cannot become his possession at a minimal rate, as we have stated there: “If somebody sells his wine to a Non-Jew, in case he fixed the price before that one measured, the proceeds are permitted; if that one measured before he fixed the price, the proceeds are forbidden.” If you say that it can come into his possession at a minimal price, even if he measured before he fixed the price should be as if he fixed the price before he measured and the proceeds would be permitted.
HALAKHAH: “If somebody sold his wine to a Non-Jew,” etc. 122The text is copied from Qiddušin 1:4, Notes 420–429. The first paragraph belongs to the theory of transfer of property; it is irrelevant here. The origin of the second clearly is in Qiddušin since the Mishnah here is quoted as “there”, even though the text here is slightly better. Rebbi Abba, Rav Huna in the name of Rav: One who handles a wine-skin and it splits in his hand is not responsible for it. Rebbi Yose ben Rebbi Abun said, it is necessary even if he takes it in the store when he has no other intention than that no other person should take it. Can he take possession at a minimal rate123If there is firm intention to buy one could argue that the buyer already agreed to pay no less than the lowest price recorded for a similar product within the last few days. Then it would be irrelevant whether the wine was measured before or after the price was fixed. Since prices are influenced by news, the question could have been dismissed out of hand. Babli 72a.? Rebbi Ḥaggai said before Rebbi Yose, a Mishnah says that it cannot become his possession at a minimal rate, as we have stated there: “If somebody sells his wine to a Non-Jew, in case he fixed the price before that one measured, the proceeds are permitted; if that one measured before he fixed the price, the proceeds are forbidden.” If you say that it can come into his possession at a minimal price, even if he measured before he fixed the price should be as if he fixed the price before he measured and the proceeds would be permitted.
מָהוּ עֲקֶבֶת יַיִן. בְּהַהוּא דִּמְלַכְלֵךְ. כְּמַה דְתֵימַר עֲקוּבָּה מִדָּם.
What means “contaminated with wine”124The expression is uncommon and in the Mishnah in the Babli and the independent Mishnah mss. is replaced by עֲכֶּבֶת “a remainder”.? If it is dirty, as one says, immersed in blood125Hos. 6:8..
What means “contaminated with wine”124The expression is uncommon and in the Mishnah in the Babli and the independent Mishnah mss. is replaced by עֲכֶּבֶת “a remainder”.? If it is dirty, as one says, immersed in blood125Hos. 6:8..
פְּשִׁיטָא דָא מִילְּתָא. יִשְׂרָאֵל תּוֹפֵשׁ בְּפִי הַמַּשְׁפֵּךְ וְהַגּוֹי מְעָרֶה דִּבְרֵי הַכֹּל אָסוּר. גּוֹי תּוֹפֵשׂ בַּמַּשְׁפֵּךְ וְיִשְׂרָאֵל מְעָרֶה. רִבִּי אַסִּי אוֹסֵר וְרִבִּי אִמִּי מַתִּיר. גּוֹי תּוֹפֵשׂ בְּפִי הַנּוֹד וְיִשְׂרָאֵל מְעָרֶה. רִבִּי יִרְמְיָה בְשֵׁם רִבִּי זְעִירָא. הִיא הַמַּחֲלוֹקֶת. רִבִּי מָנָא בָּעֵי קוֹמִי רִבִּי יוֹסֵי. הַיְידָא מַחֲלוֹקֶת. אָמַר לֵיהּ. מַחֲלוֹקֶת רִבִּי אַסִּי וְרִבִּי אִמִּי. יִשְׂרָאֵל תּוֹפֵשׂ בַּנּוֹד וְגּוֹי מְעָרֶה. סָבְרִין מֵימַר. דִּבְרֵי הַכֹּל מוּתָּר. רִבִּי שְׁמוּאֵל כָּל גַּרְמָא אָמַר שֶׁאָסוּר. שֶׁפְּעָמִים שֶׁיִּשְׂרָאֵל מְרַפֶּה יָדָיו וְנִמְצָא כָּל הָעִירוּי מַחְמַת הַגּוֹי. וָאהוּ דִמְרַגֵּל זִיקָא מֵעֵיל לְרַע אֵין בּוֹ מִשּׁוּם מְעָרֶה מִכֵּלִי לְכֵלִי.
The following is obvious: If the Jew holds the funnel and the Gentile pours, everybody agrees that is it forbidden126If the Gentile tilts the Amphora, he moves the wine in it and the entire contents of the amphora become libation wine forbidden for all usufruct. Babli 60a.. If the Gentile holds the funnel and the Jew pours, Rebbi Assi127This is his Babli name; in the Yerushalmi he otherwise appears as R. Yasa. Possibly one also should read the Babylonian Ammi for Galilean Immi. forbids and Rebbi Immi permits. If the Gentile holds the opening of the wineskin and the Jew pours128The Gentile keeps the opening of the wineskin in a fixed position; the Jew lifts the skin to pour., Rebbi Jeremiah in the name of Rebbi Ze`ira: this is the disagreement. Rebbi Mana asked before Rebbi Yose, which disagreement? He told him, the disasgreement between Rebbi Assi and Rebbi Immi. If the Jew holds the wineskin and the Gentile pours, they wanted to say that according to everybody it is permitted. Rebbi Samuel: In itself it implies that it is forbidden. For sometimes the Jew will loosen his grip and then the entire pouring is done by the Gentile129And even the wine remaining in the skin is forbidden.. If somebody lets down130It is not too clear what the hapax רגל (as Palestinian Aramaic verb) means. It is conjectured that it means “to turn upside down”. It is taken here in one of the meanings of Arabic رجل “to lower”. If a sealed kosher wineskin is handled by a Gentile it remains permitted. a wineskin from top to bottom this is not pouring from vessel to vessel.
The following is obvious: If the Jew holds the funnel and the Gentile pours, everybody agrees that is it forbidden126If the Gentile tilts the Amphora, he moves the wine in it and the entire contents of the amphora become libation wine forbidden for all usufruct. Babli 60a.. If the Gentile holds the funnel and the Jew pours, Rebbi Assi127This is his Babli name; in the Yerushalmi he otherwise appears as R. Yasa. Possibly one also should read the Babylonian Ammi for Galilean Immi. forbids and Rebbi Immi permits. If the Gentile holds the opening of the wineskin and the Jew pours128The Gentile keeps the opening of the wineskin in a fixed position; the Jew lifts the skin to pour., Rebbi Jeremiah in the name of Rebbi Ze`ira: this is the disagreement. Rebbi Mana asked before Rebbi Yose, which disagreement? He told him, the disasgreement between Rebbi Assi and Rebbi Immi. If the Jew holds the wineskin and the Gentile pours, they wanted to say that according to everybody it is permitted. Rebbi Samuel: In itself it implies that it is forbidden. For sometimes the Jew will loosen his grip and then the entire pouring is done by the Gentile129And even the wine remaining in the skin is forbidden.. If somebody lets down130It is not too clear what the hapax רגל (as Palestinian Aramaic verb) means. It is conjectured that it means “to turn upside down”. It is taken here in one of the meanings of Arabic رجل “to lower”. If a sealed kosher wineskin is handled by a Gentile it remains permitted. a wineskin from top to bottom this is not pouring from vessel to vessel.