POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Avodah Zarah 61
AVODAH ZARAH 61 (11 Iyar) - dedicated by the Feldman family in memory of
their mother, ha'Rabbanit Sara Dvosya bas Rav Mordechai (of Milwaukee).
1) WHEN ARE WE CONCERNED FOR "NISUCH?" (Cont.)
(a) (Mishnah): If Reuven processed the wine of a Nochri
(Tony) (to sell it to Yisraelim) and it was left in
Tony's house, which is open to a public road:
1. If there are Nochrim and Yisraelim in the city, the
wine is permitted;
(b) If Reuven processed Tony's wine and it was left in Tony's
house, and Tony wrote 'I already received the money for
it (from you)', the wine is permitted;
2. If there are only Nochrim in the city, the wine is
permitted only if a Yisrael sits and guards it.
i. It suffices if the guard goes in and out.
3. R. Shimon ben Elazar says, the domain of Nochrim has
one law (this will be explained).
1. A case occurred in Beis Shan, Tony did not let
Reuven take it before paying; Chachamim forbade the
(c) (Gemara) Question: Even if the city is all Nochrim,
surely Yisrael peddlers (who go from city to city) pass
through (Tony is afraid to Menasech, lest they see him)!
(d) Answer (Shmuel): The case is, the city has a locked gate
(Rashi - the inhabitants know when it was opened for
peddlers to enter; R. Chananel - they assume that no
peddlers enter; Ra'avad - the city has peddlers that live
there, travelling peddlers do not enter).
(e) (Rav Yosef): If a window (of a Yisrael's house) looks
into where the wine is kept, this is like being open to a
public road, also an Ashpah (where people make) or a date
tree is like a public road.
(f) (Rav Acha or Ravina): If the date tree no longer bears
fruit, the wine is forbidden (Tony does not think that
Reuven will go up the tree);
(g) (The other of Rav Acha and Ravina): Even if it no longer
bears fruit, the wine is permitted (Tony fears that
Reuven may go up to look for lost animals).
(h) (Beraisa - R. Meir): If Shimon bought or rented a house
in Tony's Chatzer and filled it with wine (Shimon does
not live there):
1. If a Yisrael lives in the Chatzer, the wine is
permitted, even if Shimon does not have a lock and
seal on the wine;
2) R. SHIMON BEN ELAZAR'S OPINION
2. If a Yisrael lives in a nearby Chatzer, the wine is
permitted only if Shimon has a lock and seal on it.
(i) Question: Which law do Chachamim dispute?
3. If Reuven processed Tony's wine and it was left in
Tony's house, and a Yisrael lives in that Chatzer,
the wine is permitted only if Reuven has a lock and
seal on it;
i. R. Yochanan: This clause should say 'even if
Reuven does *not* have a lock and seal on it'.
4. If a Yisrael lives in a nearby Chatzer, the wine is
forbidden even if he has a lock and seal on it;
5. Chachamim say, it is forbidden unless a Yisrael
guards it, or someone comes at fixed times to see.
(j) Answer #1: The last law (Reuven processed Tony's wine, it
was left in Tony's house, a Yisrael lives in a nearby
(k) Rejection: The first Tana also forbids!
(l) Answer #2: The law before this (Reuven processed Tony's
wine, it was in Tony's house, a Yisrael lives in that
(m) Rejection: R. Yochanan emended the text to say 'even if
Reuven does *not* have a lock and seal on it', it is
clear that we are lenient in this case!
(n) Answer #3: The second law (Shimon bought or rented a
house in Tony's Chatzer and filled it with wine; a
Yisrael lives in a nearby Chatzer).
1. The first Tana permits the wine if Shimon has a lock
and seal on it;
2. Chachamim require a guard or someone who comes at
fixed times to see.
3. Objection: Coming at fixed times is worse (Tony is
unafraid at other times)!
4. Correction: It means, someone comes at unpredictable
(a) (Mishnah - R. Shimon ben Elazar): The domain of Nochrim
has one law.
(b) Question: Is he more lenient or more stringent than
Chachamim (the first Tana)?
(c) Answer #1 (Rav Yehudah): He is more lenient;
1. Chachamim say, even if the wine is stored by a
second Nochri (Ricky), it is forbidden (unless there
are Yisraelim in the city or a guard);
(d) Answer #2 (Rav Nachman): He is more stringent;
i. We are concerned for Gomelin (even though Ricky
would not touch it (it is not his at all), he
would allow Tony to touch it, for Tony would
let Ricky do the same if Ricky's wine was
(processed by a Yisrael and) by Tony).
2. R. Shimon ben Elazar asks in astonishment, do the
domains of all Nochrim have the same law?! (Rather,
we are concerned only if the wine is by its owner.).
1. Chachamim say, we are concerned only if the wine is
by its owner;
(e) Support (for Rav Nachman - Beraisa - R. Shimon ben
Elazar): The domains of all Nochrim have the same law,
because they cover up for each other.
2. R. Shimon ben Elazar says, the domains of all
Nochrim have the same law (we are concerned for
(f) Porzak was (a Nochri,) second to the king; his household
kept wine by their sharecropper.
(g) Rabanan: Since the sharecropper would not keep wine by
Porzak, all agree that we are not concerned for Gomelin.
(h) Rava: To the contrary - since the sharecropper fears
Porzak, Porzak may touch the wine, he knows that the
sharecropper is afraid to tell.
(i) Reuven had wine in a big city; a Nochri was found between
(j) Rava: If the Nochri (fears the authorities and) has no
right to touch it (Rashi; Tosfos - to be there), the wine
is permitted (he is afraid, he would not do anything).