דף הביתשיעוריםAZ

Avodah Zarah 065

נושא: AZ
Bet Midrash Virtuali
BET MIDRASH VIRTUALI

of the Rabbinical Assembly in Israel

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RABIN MISHNAH STUDY GROUP

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TRACTATE AVODAH ZARAH, CHAPTER FIVE, MISHNAH THREE:

If a non-Jew was transporting with a Jew flasks of wine from one place to another and it had the status of 'under guard' it is permitted. [However,] if he told him that he was going far – [enough time for him] to open it, close it and seal it. Rabban Shim'on ben-Gamli'el says "[enough time for him] to open it, close it and for it to dry."

EXPLANATIONS:

1:
Our mishnah is concerned with the status of wine that is being moved from one place to another. A Jew has asked a non-Jew to help him in this task, and for the purposes of our present mishnah it makes no difference whether the services of the non-Jew are paid for or not. The problem which lies at the heart of our mishnah is the possibility that the non-Jew will take advantage of the absence of the Jew and drink some of the wine, thus rendering the whole cask yeyn nesekh.

2:
We have already learned [AZ 061] that if wine is considered to be "under guard" or "watched" then a non-Jew may be left alone with the casks: he will be anxious that the Jewish guard might return at any moment and catch him taking some of the wine. So, the first clause of our mishnah is simple: if the non-Jew can expect the return of the Jew at any moment he will be too anxious to try to taste some of the wine. It may therefore be assumed that it has not been rendered yeyn nesekh.

3:
The problem begins in the next clause of our mishnah. If the Jew tells the non-Jewish assistant that he will be gone for some time – perhaps on some urgent errand – or if the circumstances are such that the non-Jew can assume that the Jew will be gone for some time and is not likely to suddenly re-appear, what then is the status of the wine?

4:
On this matter there is a difference of opinion between Rabban Shim'on ben-Gamli'el and the rest of the sages. The sages hold that one must judge what could be done in the time span of the Jew's absence. If he was absent long enough for the non-Jew to open the cask, re-seal it and to tidy up the area of the seal then one must assume that the wine has become yeyn nesekh.

5:
We must imagine a cask or barrel which has a lid or a bung. It was customary to secure these lids or these bungs with a clay seal. In order to get a surreptitious drink of wine one would have to drill a hole in the lid or remove it completely and having drunk one's fill one would have to replace the lid or seal the hole and renew the clay seal. It would also be necessary to tidy up the area around the seal so that it would not be immediately obvious that someone had meddled with the cask. The same would apply if the cask had a bung, which is a wooden stopper in the side of the cask which can be removed in order to remove wine from the cask. The bungs too were sealed with clay.

6:
We can consider for a moment an interesting linguistic matter. The story in the Torah of Balaam, the non-Jewish prophet who was hired by the king of Moab to curse the Israelites, is well known. Balaam tries to curse but God turns each curse into a blessing. Balaam utters his benedictions in beautiful Hebrew poetry. A couple of times, in a phrase used to introduce a new curse/blessing he describes himself as "open-eyed". For example he says [Numbers 24:3-4]:

The word of Balaam son of Be'or, the word of the man whose eye is open, the word of him who hears God's speech, who beholds visions from the Almighty, prostrate, but with eyes unveiled.

And again he says [Numbers 24:15-16]

The word of Balaam son of Be'or, the word of the man whose eye is open, the word of him who hears God's speech, who obtains knowledge from the Most High and beholds visions from the Almighty, prostrate, but with eyes unveiled.

The word used when Balaam describes himself as being 'open-eyed' is very unusual and very archaic. Yet the same verb is used in our present mishnah to indicate the surreptitious opening of a cask.

7:
We must now consider the opinion of Rabban Shim'on ben-Gamli'el. The difference between his view and that of the rest of the sages is, in fact, one of time. He holds that it is not enough just to tidy the area of the renewed clay. He holds that if the clay seal is still wet when the Jew returns it would be obvious that someone had interfered with the cask, so there is no doubt that the wine has been rendered yeyn nesekh. So that cannot be the intention of our mishnah. But, if the Jew was absent long enough for the clay seal also to dry then the Jew must assume that his wine has become yeyn nesekh.

8:
In his commentary on our present mishnah Rambam offers a slightly different interpretation. In the first clause of our mishnah the wine

may be considered 'watched'. The Jew might say to the non-Jew 'Move them and I will soon join you'. Even if the Jew is detained for a long while the non-Jew will be afraid to meddle with the cask. But if the Jew informs the non-Jew that he will be absent for some time and there is enough time for the non-Jew to make a hole in the lid of the cask, take out some wine, and seal the hole and the place that was sealed dries – that wine has become yeyn nesekh. Rabban Shim'on ben-Gamli'el is not concerned about the opening; he guages the time as enough time to open the cask completely, take out wine, reseal the cask and for the whole lid to dry. This amount of time is much more than that suggested by the rest of the sages.

It follows that the view of Rabban Shim'on ben-Gamli'el is more lenient than that of the sages (because he requires more time to render the wine yeyn nesekh). Rambam now continues:

The sages do not disagree with Rabban Shim'on ben-Gamli'el that if the cover of the cask is sealed with clay the time must be assessed as being enough to open, close and dry – because he would not be able to to pierce the clay and reseal with wet clay without the difference in colour being noticed. They disagree with him when the cover of the cask is sealed with whitewash. It would then be possible to drill a hole: whitewash is of a uniform colour and dries quickly.

The whitewash referred to is some kind of lime solution that was used in mishnaic times as a sealer: for example, the insides of water cisterns were covered with this whitewash in order to render them relatively impervious.

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