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Avodah Zarah 71b

עבודה זרה ע״א ע״ב

Learn Avodah Zarah 71b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

When does a גוי acquire wine bought from a Jew, and does משיכה acquire in a deal with a גוי?

Overview

The amud continues the גמרא's look at רב's warning that a Jew should take the money before measuring wine for a גוי. The גמרא asks why the money would be forbidden if the גוי acquires the wine before his touch makes it יין נסך. Step by step it narrows רב's case. First it is the גוי's vessel, then a vessel on the ground, and finally a jug with leftover wine on its rim, which forbids each drop at once. It then explains that this fits רב's own view, since he follows רבן שמעון בן גמליאל only for barrel among barrels, not wine mixed into wine. Next the גמרא tests whether משיכה acquires in a deal with a גוי. A ברייתא about buying scrap that contains an idol is explained by אביי and then רבא without disproving that view. Then a משנה about setting the price is used against רב אשי, and both sides end up explaining it by whether the buyer relied on the deal. Finally רבינא challenges רב אשי from the death penalty for a בן נח who steals. The answer is that he is punished for causing a Jew distress, not because his taking acquired the item.

Opening lines

מִדְּמַשְׁכֵהּ גּוֹי קַנְיֵיהּ,

From when the gentile pulled it, he acquired it,

יֵין נֶסֶךְ לָא הָוֵי עַד דְּנָגַע בֵּיהּ!

but it does not become libation wine until he touches it!

אִי דְּקָא כָיֵיל וְרָמֵי לְמָנָא דְּיִשְׂרָאֵל,

If he measures and pours into a Jew's vessel,

הָכִי נָמֵי.

so it is indeed (permitted).

The steps (21)

  1. ChallengeThe buyer owns the wine before it becomes forbidden
  2. Resolutionרב means pouring into the buyer's own vessel
  3. ChallengeThe vessel's airspace should acquire first
  4. ResolutionThe vessel is resting on the ground
  5. ChallengeWhy doesn't the גוי's vessel acquire the wine for him?
  6. ProofProposed proof: a buyer's vessel in the seller's area does not acquire
  7. RejectionNo proof: leftover wine on the rim forbids each drop right away
  8. ChallengeThis does not fit רבן שמעון בן גמליאל
  9. Resolutionרב follows רבן שמעון בן גמליאל only for barrels, not wine mixed with wine
  10. ChallengeA challenge from the case of buying broken vessels that contain an idol
  11. Resolutionאביי: he may return it because it looks like a mistaken purchase
  12. Challengeרבא: why is only the first case a mistaken purchase?
  13. Resolutionרבא: both cases are mistakes, but only paying makes it look like a Jew owns an idol
  14. Challengeמר קשישא challenges רב אשי from the משנה about selling wine
  15. Resolutionרב אשי: the גוי paid a דינר in advance
  16. ChallengeChallenge from the second half of the משנה
  17. Challengeרב אשי turns the question back on the challenger
  18. ResolutionThe challenger's own answer: setting the price creates reliance
  19. Resolutionרב אשי uses the same answer for his own view
  20. ChallengeNew challenge: a בן נח is killed for stealing less than a פרוטה
  21. ResolutionHe is killed for causing a Jew distress