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Avodah Zarah 34

AVODAH ZARAH 34 (Nisan 14) - dedicated by Mr. D. Kornfeld l'Iluy Nishmas his grandmother, Chayah bas Aryeh Leib Shpira (nee Sole), on the day of her Yahrzeit.



(a) When Rebbi Akiva arrived in Ginzak, they asked him whether 'Mis'anin le'Sha'os' or not by which they meant - that if someone had not eaten up until mid-day, it would be considered a fast, if he undertook to continue to fast until nightfall (see also Tosfos DH 'Mis'anin').

(b) They also asked him - whether the earthenware jars of Ovdei Kochavim were permitted or not ...

(c) ... and what Moshe wore during the Shiv'as Yemei ha'Milu'im. Even though he acted as the Kohen during that period, he could not wear the Bigdei Kehunah whilst he served - because the Torah writes "Ve'asisa Bigdei Kodesh *le'Aharon Achicha*" (rendering Moshe a Zar as far as the Bigdei Kehunah were concerned).

(a) Rebbi Akiva - did not know the answers to any of the three She'eilos.

(b) So he took them to the Beis Hamedrash. With regard to ...

1. ... the question of 'Mis'anin le'Sha'os' - they replied in the affirmative, adding that the Mis'aneh should add 'Aneinu' in Tefilas Minchah.
2. ... the question concerning earthenware jars, they replied - that the jars were permitted after twelve months.
3. ... what Moshe wore during the Shiv'as Yemei ha'Milu'im - they replied that he wore a long, plain white garment ...
(c) ... to which Rav Kahana added that it had no hem.

(d) The reason for this cannot be in order to avoid suspicion that he had taken money from the Terumas ha'Lishkah (whilst the boxes were being emptied) - because the Melacheshes ha'Mishkan had long finished (in which case there were no boxes that needed to be emptied), and during the Avodah, there was nothing that Moshe could have taken.

(a) We learned in a Beraisa that grape-pits and skins are forbidden as long as they are wet, but are permitted once they become dry. Rav Yehudah Amar Shmuel defines 'dry' as - after twelve months.

(b) Rabah bar bar Chanah Amar Rebbi Yochanan explains - that when the Tana rules 'Asurin' he means Asurin even be'Hana'ah, and when he rules 'Mutarin', he means even to eat.

(c) What the wine-dregs of a Nochri (Rebbi Z'vid), barrels belonging to Nochrim (Rav Chaviva b'rei de'Rava), thick leather flasks of the Arabs (Rav Chaviva), the waste of a Nochri's grapes (Rav Acha b'rei de'Rav Ika) and red and black barrels belonging to Nochrim (Rav Acha b'rei de'Rava) have in common is - the fact that they are all permitted after twelve months, without having to Kasher them.




(a) The Tana Kama of the Beraisa permits the Muryas (fish-hash) made by a professional Nochri - because (in addition to the fact that it cannot be made from Tamei fish) adding wine will only spoil it (due to the abundant fats that go into it).

(b) Rebbi Yehudah ben Gamliel permits also Chilak (a Tahor fish called 'Sultanis'), which we might have thought is not Kasher, because it does not grow scales until some time after it is born.

(c) The Chilak prepared ...

1. ... by an amateur is forbidden - because he mixes in similar-looking Tamei fish that he catches in the same haul (see also next Mishnah).
2. ... by a professional is permitted - because, due the inferior quality of the Tamei fish, he is careful to remove them.
(d) Avimi b'rei de'Rebbi Avahu is the one who cited the above Beraisa. He qualifies the opening statement (permitting the Muryas made by a professional Nochri) - by limiting it to the first two times that he adds water and salt to the fish-juice, but not the third, because by then, it will have lost its strength, and will not become spoilt by adding wine.
(a) When a Nochri boat containing Muryas arrived in the port of Acco, Rebbi Aba from Acco placed a Shomer on the boat. Rebbi Aba found this strange - because for the duration of the journey, there had been no Shomer, so how did Rebbi Aba from Acco know that they had not added wine then?

(b) Rebbi Aba from Acco explained himself however, based on a statement 'Kista de'Muryas be'Luma, Kista de'Chamra be'Daled Lumi' - which means that if a 'Kista' of Muryas is worth one Luma, a 'Kista' of wine is worth four (so it would simply not be worth their while to add wine).

(c) When Rebbi Yirmiyah asked Rebbi Zeira how Rebbi Aba from Acco knew that the boat had not stopped at Tzur where they may have may have purchased wine, which was cheap there, to add to the Muryas, he replied - that this was not possible, because the cross-currents and the melting snow made the entry of a small boat into the port of Acco hazardous.

(a) Resh Lakish ascribes the ruling in our Mishnah, forbidding Nochri cheese made in Beis Unaiki - to the fact that most cheeses are placed in the stomachs of calves, and the majority of calves in Beis Unaiki are worshipped.

(b) Bearing in mind that the author of our Mishnah is Rebbi Meir, we ask - why the Tana requires a majority, since Rebbi Meir always takes the minority opinion into account?

(c) And we answer - that even if most cheeses are placed in the stomachs of calves a. some are not, and b. many cheeses are placed in stomachs of other animals (none of which are worshipped). Consequently, the few stomachs that come from calves that are worshipped constitute a 'Mi'uta de'Mi'uta' (a small minority) which even Rebbi Meir does not contend with.

(a) Rebbi Shimon ben Elyakim queried Resh Lakish from his own opinion in an independent Machlokes with Rebbi Yochanan regarding someone who Shechts an animal with the intention of sprinkling its blood to Avodah-Zarah. Rebbi Yochanan forbids the animal be'Hana'ah - because he holds 'Mechashvin me'Avodah la'Avodah (a Pasul thought that one thinks whilst performing one Avodah, which will invalidate another Avodah, is valid), which he learns from Avodas P'nim, where this is the Halachah.

(b) Resh Lakish says there - 'Ein Mechashvin me'Avodah la'Avodah', because he does not learn Avodas Chutz from Avodas P'nim.

(c) To reconcile his statement here with his opinion 'Ein Mechashvin me'Avodah la'Avodah', he establishes our Mishnah - when the Nochrim actually intend to worship the animals immediately upon the completion of the Shechitah (before the sprinkling takes place).

(d) Resh Lakish says specifically 'G'mar Zevichah' (as opposed to the rest of the Shechitah) - because he also holds 'Einah li'Shechitah Ela li'be'Sof'.

(a) Rav Achdeva'i Amar Rav validates a Kidushin that involves the dung of a Shor ha'Niskal. Had the man given the woman the dung of an Avodah-Zarah animal - the Kidushin would have been invalid.

(b) The S'vara to make such a distinction is - the fact that whereas, in the former case, the dung serves no purpose and nobody wants it, in the latter case, it makes the animal that little bit fatter, thereby elevating the status of the sacrifice to Avodah-Zarah (with which the owner is only too pleased).

(c) Alternatively, Rav learns the distinction from Pesukim. He Darshens the Pasuk ...

1. ... "Lo Yidbak be'Yadcha *Me'umah*" - to mean that literally nothing of Avodah-Zarah may be used.
2. ... "Sakol Yisakel ha'Shor, ve'Lo Ye'achel es Besaro" - 'Besaro Asur, ha Pirsho Mutar'.
(a) Rava derives both Halachos from our Mishnah. He learns from Rebbi Yishmael's response ...
1. ... to Rebbi Yehoshua's initial suggestion (that Chazal forbade the cheese of Beis Unaiki because they placed them in (the milk of) the stomachs of Neveilah 've'ha'Lo Keivas Olah Chamurah mi'Keivas Neveilah ve'Amru Kohen ... Shorfah Chayah' - that the dung of Isurei Hana'ah (such as Olah) is Mutar be'Hana'ah.
2. ... Rebbi Yehoshua's reply ('Mipnei she'Mama'adin Osah be'Keivas Eglei Avodah-Zarah') 'im-Kein, Lamah Lo Asruhah be'Hana'ah?' - that - the dung of Avodah-Zarah (i.e. the taste of the stomach in the cheese) is forbidden.
(b) According to the Rabbanan in our Mishnah, the Muryas of Nochrim is not Asur be'Hana'ah - because the wine is no longer in evidence.

(c) We do not say the same about (the milk in) the stomach of Avodah-Zarah - because since it helps in the production of the cheese, it is considered as if it was still in existence (hence the principle of 'Holchin Basar ha'Ma'amid').

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