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Avodah Zarah 40

AVODAH ZARAH 40 (20 Nisan) - Today's Daf has been sponsored by Martin Fogel of Carlsbad, California in memory of his father, Yaakov ben Shlomo Fogel, on the day of his Yahrzeit.



(a) The Tana of the Beraisa considers 'T'ris she'Einah Terufah' to be not mashed - if the head and the backbone are both recognizable.

(b) The Beraisa also defines 'Tzir she'Yesh Bah Dagah', as when one or two Kilbiyos are floating in it. Even though one Kilbis is sufficient, the Tana nevertheless needs to add 'or two' - to teach us that when the barrels are open, where one Kilbis might have dropped in from the outside, two are necessary.

(c) Rav Huna interprets the earlier Beraisa 'Kol she'Rosh ve'Shedrah Nikar Bah' literally. Rav Nachman says - either one or the other.

(a) Abaye reconciles what we just learned with the Mishnah in Chulin, which gives the Si'man for fish as fins and scales, which seemingly precludes the Simanim in our Mishnah - by establishing it by Ar'a or 'Palmuda', two kinds of fish that have squat heads like non-Kasher fish (see also Tosfos DH 'u've'Dagim')..

(b) Rav Yehudah in the name of Ula qualifies this Machlokes - by confining it to the fish-juice of our Mishnah. If the T'ris was whole, then it would certainly require both a long head and a backbone to be considered Kasher.

(c) When Rebbi Zeira heard this - he stopped eating mashed T'ris until he recognized both a head and a backbone in the juice (because he held like Rav Huna).

(d) He had previously eaten them with one Siman - because he had established the Machlokes between Rav Huna and Rav Nachman by whole fish, thinking that in the case of T'ris Terufah, one Sim'an would suffice according to both opinions.

(a) Rav Papa adds that not only does one need both Simanim, but - that the head and backbone of *each fish* must be discernible.

(b) The Beraisa - declares Kasher even a hundred pieces of fish if just one of them has the Si'manim.

(c) When a Nochri brought Raban Shimon ben Gamliel a dish full of pieces of fish of which he discovered one to have the Simanim - he declared all the pieces in the dish to be Kasher.

(d) Rav Papa reconciles his own ruling with this Beraisa - by establishing the Beraisa where all the pieces fit together to form one fish.

(e) The Chidush is - that we do not suspect that the pieces are really pieces from different fish, and that they only fit together by a fluke.

(a) When Rav Huna bar Chin'na saw scales floating among a ship-load of fish-juice that arrived in Sichra - he permitted the fish-juice.

(b) Rava's problem with this ruling was - that seeing as fish scales were common in Sichra, how did he know that the fish-juice was not from a species of non-Kasher fish, and that the scales had been in the boat from a previous boat-load of fish?

(c) So Rava blew Shofros to announce that the fish-juice was T'reifah, and Rav Huna bar Chin'na blew Shofros to announce that it was Kasher.

(a) Rebbi Yirmiyah from Difti cited Rav Papi, who told him that Rav Huna bar Chin'na only permitted the above case with regard to juice, but not with regard to the fish themselves. Rav Ashi citing Rav Papa however - maintained that he permitted both.

(b) As a result of Rav Papa's statement, Rav Ashi declined to forbid the pieces of fish that were on the boat (see Ya'avetz). He also declined to declare them Kasher - due to Rav Yehudah quoting Ula, who required the head and backbone of each fish to be identifiable (and not just scales).

(c) Rav Chin'na bar Idi said in front of Rav Ada bar Ahavah - that were a Nochri to bring in a small boat-load of barrels in one of which they found Kilbis, assuming the barrels were ...

1. ... open - they would all be permitted.
2. ... shut - only the one containing the Kilbis would be permitted.
(d) The reason for the first of the two rulings - is that we assume that they all contained Kilbis originally, but they somehow escaped from the barrel.

(e) Rav Chin'na bar Idi heard this ruling from - Rav, Shmuel and Rebbi Yochanan.

(a) Rav B'runa (or Rav Kahana) Amar Rav ruled - that one may only purchase fish-innards and fish-eggs from a 'Mumcheh' (someone whose standard of Kashrus is impeccable).

(b) The Beraisa explains - that a non-Kasher fish gives birth to a baby fish, whereas a Kasher fish lays eggs.

(c) This Beraisa caused Ula to ask Rav Dusta'i from Biri why Rav then required purchasing fish-eggs from an expert, insinuating that non-Kasher fish also produce eggs (from which the baby fish hatch?

(d) Rav Dusta'i from Biri replied - 'Sami mi'Ka'an Ubran' (erase 'fish-eggs from the Beraisa).

(e) To reconcile the Beraisa with Rav without erasing 'Ubran', Rebbi Zeira explains - that in fact, non-Kasher fish lay eggs too, only *they* hatch whilst still inside the fish's stomach, whereas those of a Kasher fish hatch only later.

(a) The objection we raise to the wording of the Beraisa 'ke'Simnei Beitzim Kach Simnei Dagim' is - that the signs of fish are fins and scales (which do not exist by eggs).

(b) So we amend the end of the statement ('Kach Simnei Dagim') to read - 'Kach Simnei Ubrei Dagim'.

(c) One distinguish between a Kasher egg and a non-Kasher one ...

1. ... by its shape - inasmuch as the former is rounded at one end and pointed at the other, whereas the latter is either rounded at both ends or pointed.
2. ... by the positioning of its white and yoke - inasmuch as the white a Kasher egg covers the yoke, whereas by a non-Kasher egg it is the other way round.
(d) One would recognize the egg of a Sheretz - by seeing the white and the yoke mixed.
(a) In light of these Simanim, Rava establishes the need to purchase Ubrei Dagim specifically from experts - when they have melted.

(b) How will Rav Dusta'i from Biri (who erased 'Ubrei Dagim' from the text) now explains 'Kach Simnei Ubrei Dagim' - by amending it to 'Kirvei Dagim' which he establishes by the fish's bladder.




(a) In the event that there is no 'Mumcheh', one may nevertheless purchase fish-innards and eggs from someone who declares that he salted them - and who testifies that they were Kasher and that he himself removed the innards.

(b) This is the opinion of Rav Yehudah. According to Rav Nachman - he is obligated to point out the fish and declare that the innards came specifically from them.

(c) Rav Yehudah indicated to Ada Dayla (meaning Ada his servant) - to do like *he* had said.

(a) The Tana finds it necessary to permit the purchase of ...
1. ... whole leaves of Chiltis from a Nochri to teach us - that even if there are some loose fruits among them, we assume that they became detached from the leaves, and we do not suspect the Nochri to have added them independently (after cutting them with a T'reifah knife).
2. ... 'Zeisei Gluska'os ha'Megulgalin' - even where they have become very soft and come loose, and he is teaching us here that we attribute this softness to the oil that is being produced, and not to wine which the Nochri added.
(b) Rebbi Yossi forbids Shalachin, which Rebbi Yossi b'Rebbi Chanina defines as - when olives come loose as soon as someone holds them (and which, in his opinion, can only be the result of wine added by the Nochri).
(a) The Tana of the Beraisa - permits the purchase of locusts, flowers of a caper-bush and leek with heads that come straight from a store, the place where they are piled or from the ship (as we learned in our Mishnah regarding locusts).

(b) Leeks with heads are not forbidden because of Bishul Akum - since they can be eaten as they are.

(c) One may not purchase any of the above from a Nochri however - if he sells them from a basket ...

(d) ... and the Tana makes the same distinction with regard to purchasing apple-cider from Nochrim.

(a) When Rebbi once suffered from stomach-ache, he asked - whether one is permitted to purchase apple-cider from Nochrim.

(b) Rebbi Yishmael b'Rebbi Yossi cited an incident that occurred with his father, when he too suffered from the same ailment - and when they brought him apple-cider from a Nochri that was seventy years old, which cured him.

(c) Rebbi reprimanded him for hiding such important information from him up to that moment. They then brought him three hundred bottles of seventy year-old apple-cider, and he too was cured.

(d) Upon recovering, he recited (presumably without Shem and Malchus) the B'rachah 'Baruch ha'Makom she'Masar Olamo la'Shomrim".

(a) Our Mishnah concludes 've'Chein li'Terumah', which Rav Sheishes explains to mean - that the same distinction (between what one buys from the storehouse and from the basket) pertains to purchasing fruit (that is subject to Terumah) from a Kohen who is suspected of selling Terumah (which is cheaper than Chulin) as Chulin.

(b) The reason for the leniency when buying from him from the storehouse is - because then he is afraid that the town inspectors will discover the fraud, and declare the entire stock, Hefker.

***** Hadran Alach 'Ein Ma'amidin *****

***** Perek Kol ha'Tzelamim *****


(a) Rebbi Meir renders all images Asur be'Hana'ah - because they are all worshipped once a year.

(b) According to the Chachamim, they are only forbidden if they are holding one of three things, a stick, a bird - or a ball.

(c) Raban Shimon ben Gamliel forbids them - as long as they holding anything.

(d) We ask that if all idols were served once a year, why the Chachamim permitted them. We know that the Chachamim concur with Rebbi Meir in that point - because if they did not, they would have countered that the idols with nothing in their hands are simply not worshipped (yet they did not).

(a) Rebbi Yitzchak bar Yosef Amar Rebbi Yochanan explains the Machlokes by stating that factually, it was the practice of the Nochri residents of Rebbi Meir's town to worship even idols that were holding nothing, once a year, and the basis of the Machlokes between Rebbi Meir and the Chachamim is - whether we contend with the minority or not ...

(b) ... Rebbi Meir forbids the empty-handed images of all other places because of those of his town (even though the latter constituted the minority), whereas the Chachamim do not.

(c) It is not *any* image that they would worship and which Rebbi Meir therefore forbids, Rav Yehudah Amar Shmuel explained - only the commemorative busts of the king (which they would make following his death).

(d) According to Rabah bar bar Chanah, they are placed - at the entrance of the city.

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