Avodah Zarah 72a
עבודה זרה ע״ב ע״א
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Topic
Whether משיכה (pulling an item) makes a real acquisition when a גוי is involved, shown through the ברייתא about a בן נח who steals less than a פרוטה. Then a new case where רב יוסף rules on a promise to sell land.
Overview
The amud opens by finishing a proof that משיכה (pulling an item) is a real acquisition for a גוי. The proof comes from a ברייתא where a second בן נח who takes a stolen item from the first thief is also executed. Next come several sales cases. רב יוסף rules on a promise to sell land 'if I sell,' and אביי objects that no price was fixed. The גמרא then proves from a ברייתא about unloading produce that a sale is not final until the price is fixed. In the case of a promise to sell for one hundred followed by a sale to someone else for one hundred twenty, the הלכה follows רב יעקב מנהר פקוד: the extra money forced the sale, so the promise does not hold. The גמרא also rules on prices set 'as three assess' or 'as three say,' and holds that an agreed assessment stands. A new משנה follows about wine left in a funnel and about pouring wine from vessel to vessel. In its גמרא, רב הונא rules that a poured stream connects liquids for יין נסך. רב נחמן shows that the משנה in טהרות cannot be his source, and the גמרא begins a new proof from our funnel משנה, which continues on the next amud.
Opening lines
וּמַאי ״לֹא נִיתַּן לְהִישָּׁבוֹן״?
And what does 'it is not given to restitution' mean?
דְּאֵינוֹ בְּתוֹרַת הִישָּׁבוֹן.
That it is not under the law of restitution at all.
אִי הָכִי, אֵימָא סֵיפָא:
If so, say the latter clause:
בָּא חֲבֵירוֹ וּנְטָלָהּ מִמֶּנּוּ —
If his fellow came and took it from him —
The steps (26)
- ResolutionExplaining 'not subject to restitution'
- ChallengeThe second thief in the latter clause makes no sense
- ConclusionConclusion: pulling acquires for a non-Jew
- StatementA promise to sell land, then a sale to someone else
- Challengeאביי objects that no price was fixed
- Proofאביי's proof from selling wine to a gentile
- QuestionWhat is the final ruling?
- ResponseWhy ask? We already said it
- RejectionMaybe forbidden wine is a special case
- Proofרב הונא's case: the produce was brought in but not unloaded
- ProofEven after unloading, a sale needs a fixed price
- StatementA promise to sell land for one hundred, then a sale for one hundred twenty
- ChallengeThe extra money forced his hand
- ConclusionThe ruling follows רב יעקב מנהר פקוד
- StatementA price set 'as three assess' or 'as three say'
- StatementA price set by four needs all four
- StatementCan one side demand three better assessors?
- ChallengeWho says the new ones know better?
- ConclusionThe ruling follows רב הונא בריה דרב יהושע
- Statementמשנה: wine left in a funnel
- StatementPouring from one vessel to another
- StatementA משנה elsewhere: which flows join liquids together
- Statementרב הונא: for libation wine these flows do connect
- Challengeרב נחמן asks for רב הונא's source
- RejectionThe second half of the משנה cancels out the proof
- ProofStarting a proof from our משנה about the funnel