Pt2 Permissibility of Jewish Wine in the Hands of Non-Jews: Ten Talmudic Cases Explored (Avodah Zarah 69b-70b)
This is the second and final installment of a two-part series. The first part is here; see there for outline. I added footnotes there on the possible cultural context of wine parties; and the more precise English translations for various terms used in Talmudic literature for wine containers.
Story: Non-Jew Found Standing Among Barrels
The Talmud discusses the same story as previous: a non-Jew was found standing among barrels of wine. Rava rules that if the non-Jew has a valid reason for being there, the wine is forbidden, but if not, the wine is permitted.
ההוא ביתא
דהוה יתיב ביה חמרא
אישתכח עובד כוכבים דהוה קאים בי דני
אמר רבא:
אי אית ליה לאישתמוטי חמרא -- אסיר
ואי לא -- חמרא שרי
[...]
The Gemara relates: There was an incident involving a certain house
where wine was stored.
A gentile was found standing among the barrels.
Rava said:
If he has a way to excuse his entrance to where the wine was stored, the wine is forbidden,
but if not, the wine is permitted.
[...]
Story: Jew and Non-Jew Drinking Wine Together, Jew Leaves to Pray Upon Hearing Synagogue Prayers
The Talmud recounts an incident where a Jew and a non-Jew were drinking wine together. When the Jew heard prayers (צלויי) from the synagogue, he got up to pray.
Rava ruled that the wine is still permitted for the Jew to drink upon his return, as the non-Jew likely assumed the Jew would return soon, thus preventing any tampering with the wine.
ההוא ישראל ועובד כוכבים, דהוו יתיבי וקא שתו חמרא
שמע ישראל קל צלויי בי כנישתא,
קם ואזל
אמר רבא:
חמרא שרי
מימר אמר, השתא מדכר ליה לחמריה, והדר אתי
The Gemara relates: There was an incident involving a certain Jew and a certain gentile who were sitting and drinking wine.
The Jew heard the sound of praying at the synagogue.
He got up and went to pray.
Rava said:
The wine is permitted,
because the gentile presumably said to himself: Any moment now he will remember his wine and come back.
Story: Jew and Non-Jew on Boat, Jew Departs Upon Hearing Shofar Signaling Start of Shabbat
The Talmud recounts an incident where a Jew and a non-Jew were on a boat (ארבא), and the Jew heard the shofar signaling the start of Shabbat. The Jew left the boat to spend Shabbat in town.
Rava rules that the wine left with the gentile is still permitted for the Jew to drink, reasoning that the gentile likely assumed the Jew might return at any moment to retrieve his wine, preventing the gentile from tampering with it.
ההוא ישראל ועובד כוכבים דהוו יתיבי בארבא
שמע ישראל קל שיפורי דבי שימשי, נפק ואזל
אמר רבא:
חמרא שרי,
מימר אמר, השתא מדכר ליה לחמריה והדר אתי
The Gemara relates: There was an incident involving a certain Jew and a certain gentile who were sitting on a ship.
The Jew heard the sound of the shofar of twilight indicating the beginning of Shabbat.
He disembarked and went into town to spend Shabbat there.
Rava said:
The wine is permitted,
because the gentile presumably said to himself: Any moment now he will remember his wine and come back.
Non-Jews Assume Jews Don't Fully Observe Shabbat, Presuming Wallets Would Be Untouched in Marketplace if Rules Were Strictly Followed
Rava recalls what Issur the Convert (איסור גיורא) once said: Non-Jews believe that Jews don't fully observe Shabbat, positing that if Jews strictly followed the rules, many wallets would be left untouched in the marketplace on Shabbat.
[...]
אמר רבא:
אמר לי איסור גיורא:
כי הוינן בארמיותן, אמרינן:
יהודאי לא מנטרי שבתא
דאי מנטרי שבתא
כמה כיסי קא משתכחי בשוקא
[...]
[...]
Rava say[s]:
Issur the Convert told me:
When we were still gentiles, before converting, we used to say:
Jews do not actually observe Shabbat,
as, if they observe Shabbat,
how many wallets would be found in the marketplace that the Jews could not take on Shabbat?
[...]
Story: Lion's Roar Near Winepress Sends Non-Jew Hiding Among Barrels in Fear
The Talmud recounts an incident where a lion roared (נהים) near a winepress (מעצרתא), causing a non-Jew to hide (טשא) among the wine barrels in fear.
Rava ruled that the wine remains permitted for Jewish consumption, reasoning that the non-Jew likely assumed the Jew could also be hiding from the lion nearby and watching, thus preventing him from touching or contaminating the wine.
ההוא אריא דהוה נהים במעצרתא
שמע עובד כוכבים, טשא ביני דני
אמר רבא:
חמרא שרי,
מימר אמר, כי היכי דטשינא אנא
איטשא נמי ישראל אחוריי, וקא חזי לי
The Gemara relates: There was an incident involving a certain lion who roared in a winepress.
A gentile heard the roar and was frightened, and he hid among the barrels of wine.
Rava said: The wine is permitted,
because the gentile presumably said to himself: Just as I am hiding,
a Jew might also be hiding behind me and see me.
Story: Wine Opened by Thieves: Rava and Shmuel's Rulings in Pumbedita and Neharde’a
The Talmud recounts an incident where thieves in Pumbedita opened many barrels of wine.
Rava ruled that the wine remains permitted because “most thieves are Jews”,1 meaning the wine would not be considered non-kosher.
A similar case occurred in Neharde’a, where Shmuel also ruled that the wine is permitted.
הנהו גנבי דסלקי לפומבדיתא, ופתחו חביתא טובא
אמר רבא:
חמרא שרי,
מ"ט?
רובא גנבי ישראל נינהו
הוה עובדא בנהרדעי
ואמר שמואל: חמרא שרי
[...]
The Gemara relates: There was an incident involving certain thieves who came to Pumbedita and opened many barrels of wine.
Rava said:
The wine is permitted.
What is the reason?
Most of the thieves in Pumbedita are Jews, and the halakha follows the majority, and therefore the wine is not rendered forbidden.
There was a similar incident in Neharde’a,
and Shmuel said: The wine is permitted.
[...]
Story: Non-Jewish Girl Found Near Wine Barrels Holding Wine Froth, Rava Rules Wine Permissible, We Assume Froth Taken from Barrel’s Exterior
The Talmud recounts an incident involving a non-Jewish girl (רביתא) found near wine barrels, holding wine froth (אופיא) in her hand.
Rava ruled that the wine remains permissible, reasoning that she likely took the froth from the outside of the barrel rather than contaminating the wine inside. Even if the froth is no longer visible on the barrel, Rava assumes she encountered it while it was still present.
ההיא רביתא, דאישתכח דהות בי דני
והות נקיטא אופיא בידה
אמר רבא:
חמרא שרי,
אימר, מגבה דחביתא שקלתיה
ואע"ג דליכא תו, אימר אתרמויי איתרמי לה
The Gemara relates: There was an incident involving a certain gentile girl who was found among wine barrels
and she was holding wine froth in her hand.
Rava said:
The wine is permitted,
as it is reasonable to say that she took it from the outside of the barrel and not from inside the barrel.
And even if there is no more of the froth on the outside of the barrel, it is reasonable to say that she happened upon the froth while it was still there, even though it is no longer there.
Story: Army Entry into Neharde’a
The Talmud recounts an event where an army 2entered Neharde’a and opened many barrels of wine, raising questions of whether the wine remained kosher.
Rav Dimi, upon arriving from Eretz Yisrael, mentioned a similar case brought before R' Elazar, who allowed the wine.
However, Rav Dimi was unsure whether R' Elazar permitted it because he followed R' Eliezer's ruling that in cases of uncertain entry, the item remains ritually pure, or because the majority of the army's auxiliaries3 were Jews, making the wine permissible despite the army being non-Jews.
ההוא פולמוסא דסליק לנהרדעא
פתחו חביתא טובא
כי אתא רב דימי אמר: עובדא הוה קמיה דרבי אלעזר, ושרא
ולא ידענא
אי משום דסבר לה כרבי אליעזר דאמר ספק ביאה טהור
אי משום דסבר רובא דאזלי בהדי פולמוסא ישראל נינהו
[...]
The Gemara relates: There was an incident involving a certain army [pulmusa] that entered Neharde’a and opened many barrels of wine.
When Rav Dimi came from Eretz Yisrael to Babylonia, he said: There was a similar incident that was brought before R' Elazar, and he deemed the wine permitted.
But I do not know whether he permitted it
because he holds in accordance with the opinion of R' Eliezer, who says: Concerning uncertainty with regard to entry, the person or item is ritually pure,
or whether he permitted it because he maintains that most of those who went with that army were Jews, i.e., that although it was a gentile army, the ancillaries were mostly Jews.
[...]
Story: Female Wine Shop Owner Gives Key to Non-Jewish Woman; Sages Rule No Concern of Entry, Key Entrusted Only for Safekeeping
The Talmud recounts an incident where a female owner of a wine shop (מסוביתא) gave the key to her shop (איקלידא מפתחה) to a non-Jewish woman.
R' Yitzḥak relays that R' Elazar mentioned a similar case brought before the Sages in the study house, who ruled that the owner only entrusted the key to the non-Jewish woman for safekeeping and did not grant permission to enter the shop. Therefore, there is no concern that the gentile woman actually entered the wine shop.
ההיא מסוביתא,
דמסרה לה איקלידא מפתחה לעובדת כוכבים
א"ר יצחק, א"ר אלעזר:
עובדא הוה בי מדרשא
ואמרו: לא מסרה לה אלא שמירת מפתח בלבד
The Gemara relates: There was an incident involving a certain female owner of a wine shop
who transferred the key [iklida] to the door of her wine shop to a gentile woman.
R' Yitzḥak said that R' Elazar said:
There was a similar incident that was brought before the Sages in the study hall,
and they said: She transferred to her the responsibility for safeguarding the key alone but did not authorize her to enter the tavern, so there is no concern that she entered there.
רובא גנבי ישראל נינהו . Steinzaltz interprets that Rava meant specifically in Pumbedita, and halacha follows the majority.
פולמוסא - from Greek “polemos”
אזלי בהדי פולמוסא - literally: “those who go with the army”.