Talmud Yerushalmi
Yerushalmi Avodah Zarah 5:6 ירושלמי עבודה זרה ה׳:ו׳
Part of: Chapter 5
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משנה: הַמַּנִּיחַ אֶת הַנָּכְרִי בַחֲנוּתוֹ אַף עַל פִּי שֶׁהוּא יוֹצֵא וְנִכְנָס מוּתָּר. וְאִם הוֹדִיעוֹ שֶׁהוּא מַפְלִיג כְּדֵי שֶׁיִּשְׁתּוֹם וְיִסְתּוֹם וְיִגּוֹב. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר כְּדֵי שֶׁיִּפְתַּח וְיִגּוֹף וְתִיגּוֹב:
MISHNAH: If somebody leaves a Gentile in charge of his store, even though he [intermittently] leaves and returns, [the wine] is permitted. If he told him that he was leaving45The Jew informed the Gentile that he was leaving for some time., the time needed to open, close, and fill the hole46The containers are of clay and are closed. If the expected time of absence of the owner is sufficient for the Gentile to drill a hole in the cover, close it again and seal it, the wine becomes forbidden.; Rabban Simeon ben Gamliel says, to open, and close, and dry47He thinks that the owner upon his return would recognize a hole freshly filled. He therefore forbids the wine only if there was time for the Gentile to remove the old seal completely, make a new one and have it dry to become undetectable..
MISHNAH: If somebody leaves a Gentile in charge of his store, even though he [intermittently] leaves and returns, [the wine] is permitted. If he told him that he was leaving45The Jew informed the Gentile that he was leaving for some time., the time needed to open, close, and fill the hole46The containers are of clay and are closed. If the expected time of absence of the owner is sufficient for the Gentile to drill a hole in the cover, close it again and seal it, the wine becomes forbidden.; Rabban Simeon ben Gamliel says, to open, and close, and dry47He thinks that the owner upon his return would recognize a hole freshly filled. He therefore forbids the wine only if there was time for the Gentile to remove the old seal completely, make a new one and have it dry to become undetectable..
הלכה: הַמַּנִּיחַ אֶת הַנָּכְרִי בַחֲנוּתוֹ כול׳. וּכְרִבִּי מֵאִיר. דְּרִבִּי מֵאִיר אָמַר. בֵּין כָּךְ וּבֵין כָּךְ הַבַּיִת טָמֵא. רִבִּי חָמָא בְשֵׁם רִבִּי יוֹסֵי בַּר חֲנִינָה. בְּחָצֵר הַחֲלוּקָה בִּמְסִיפָּס בְּטְהֳרוֹת טָמֵא. בְּיֵין נֶסֶךְ טָהוֹר. וְהָא רִבִּי מֵאִיר מַחְמִיר בָּטָהֳרוּת וּמֵיקִל בְּיֵין נֶסֶךְ. אוּף רַבָּנִן מַחְמִירִין בָּטָהֳרוּת וּמֵקִילִין בְּיֵין נֶסֶךְ.
HALAKHAH: “If somebody leaves a Gentile in charge of his store,,” etc. Following Rebbi Meïr? Did not Rebbi Meïr say, “in any case the house is impure?91Mishnah Tahorot7:4. Since an anonymous Mishnah is supposed to follow R. Meïr’s formulation, an apparent contradiction between two statements attributed to R. Meïr must be resolved.
Since the wine in the store is for sale, it is stored in open amphoras. The wine would become forbidden for usufruct if touched by the Gentile. In our Mishnah it seems that R. Meïr assumes that the Gentile will not touch the open amphoras. But in Mishnah Tahorot7:4 he holds that if a woman keeping all rules of ritual purity invites one careless in these matters to help her in her home all vessels in the home become impure since one must assume that the helper is impure and touches everything in sight.” Rebbi Ḥama in the name of Rebbi Yose bar Ḥanina: If a courtyard is subdivided by a low wall92The explanation is Rashi’s (70b, Bava batra 2b). The etymology is unknown; the word certainly is different from פְּסֵיפָס ψῆφος “pebble”., for purities it is impure, in matters of libation wine it is pure93A courtyard (in the back of houses or walled in, not directly open to the street) has been divided by a low wall as a sign that each party has only the use of its own part. Even though it is easy to step over the partition, the fact that it is raised is enough to create the presumption that the parties will abide by the rules and not trespass. If the dwellers in one part are scrupulous in observing the rules of purity while the others are not (or are Gentiles), the vessels standing in the courtyard of the observant party remain pure. Similarly, if one party is Jewish and the other Gentile, wine amphoras stored in the the Jewish part remain permitted since the presumption is that the Gentile will not enter the Jewish part., since Rebbi Meïr is restrictive for purities but lenient for libation wine; also the rabbis are restrictive for purities but lenient for libation wine94While a store catering to customers observant in matters of purity certainly cannot have a Gentile employee, a grocery store for the general public can have such an employee. In the Babli, 70b, this is reported as the opinion of Rav, opposed by R. Joḥanan..
HALAKHAH: “If somebody leaves a Gentile in charge of his store,,” etc. Following Rebbi Meïr? Did not Rebbi Meïr say, “in any case the house is impure?91Mishnah Tahorot7:4. Since an anonymous Mishnah is supposed to follow R. Meïr’s formulation, an apparent contradiction between two statements attributed to R. Meïr must be resolved.
Since the wine in the store is for sale, it is stored in open amphoras. The wine would become forbidden for usufruct if touched by the Gentile. In our Mishnah it seems that R. Meïr assumes that the Gentile will not touch the open amphoras. But in Mishnah Tahorot7:4 he holds that if a woman keeping all rules of ritual purity invites one careless in these matters to help her in her home all vessels in the home become impure since one must assume that the helper is impure and touches everything in sight.” Rebbi Ḥama in the name of Rebbi Yose bar Ḥanina: If a courtyard is subdivided by a low wall92The explanation is Rashi’s (70b, Bava batra 2b). The etymology is unknown; the word certainly is different from פְּסֵיפָס ψῆφος “pebble”., for purities it is impure, in matters of libation wine it is pure93A courtyard (in the back of houses or walled in, not directly open to the street) has been divided by a low wall as a sign that each party has only the use of its own part. Even though it is easy to step over the partition, the fact that it is raised is enough to create the presumption that the parties will abide by the rules and not trespass. If the dwellers in one part are scrupulous in observing the rules of purity while the others are not (or are Gentiles), the vessels standing in the courtyard of the observant party remain pure. Similarly, if one party is Jewish and the other Gentile, wine amphoras stored in the the Jewish part remain permitted since the presumption is that the Gentile will not enter the Jewish part., since Rebbi Meïr is restrictive for purities but lenient for libation wine; also the rabbis are restrictive for purities but lenient for libation wine94While a store catering to customers observant in matters of purity certainly cannot have a Gentile employee, a grocery store for the general public can have such an employee. In the Babli, 70b, this is reported as the opinion of Rav, opposed by R. Joḥanan..