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Avodah Zarah 71

AVODAH ZARAH 69-71 - Three Dafim have been sponsored through the generous grant of an anonymous donor in Flatbush, NY.

1) [line 1] SHE'KAVSHUHA KARKOM - which came under siege and was captured by a troop of soldiers

2) [line 1] KOHANOS - wives of Kohanim

3) [line 2] PESULOS - they are disqualified [from being married to Kohanim] (ESHES KOHEN)
If the wife of a Kohen has marital relations, whether willful or forced, with any man other than her husband, the Kohen must divorce her (RAMBAM Hilchos Ishus 24:20-21; see Background to Kidushin 77:17). However, she does not lose her Kesuvah unless the relations were willful (RAMBAM ibid. 24:22).

4) [line 6] DAMEHA - its value in money
5) [line 8] TZEI V'HAFES ALAI MENAS HA'MELECH - go and appease for me the king's tax [which I owe]

6a) [line 10] UL TACHTAI LA'OTZER - (a) go up in my place to appease the police; (b) go up in my place to the storehouse of the king [to address their claim to collect my wine] (RASHI)
b) [line 12] MALTENI MIN HA'OTZER - save me from the (a) police, (b) storehouse of the king

7) [line 14] PASAK - the price was set
8) [line 14] MADAD - he measured (the amount being purchased) [and did Meshichah; see next entry]

9) [line 16] MESHICHAH B'OVED KOCHAVIM KONAH - the Meshichah of a Nochri serves to acquire the object (KINYAN MESHICHAH / KINYAN KESEF / KINYAN ME'NOCHRI)
(a) When a person acquires an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the acquisition to be irrevocably binding. Depending on the object involved, different Kinyanim are used.
(b) Some Amora'im maintain that by Torah law, paying for the purchase of Metaltelin consummates a sale. This is known as "Kinyan Kesef." The Torah source for this Kinyan is the verse (referring to the redemption of Hekdesh) that states "v'Yasaf... Kesef... v'Kam Lo" - "and he shall [pay]... the money and it shall be his" (Vayikra 27:19) (RASHI to Bava Metzia 48a DH Savar). Others specify the purchase of an Eved Ivri, a Jewish slave, as the source for this Kinyan: if it is possible to purchase a person himself with Kesef (Kidushin 22b, see Background to Bava Metzia 31:33a), one certainly may purchase a person's possessions with Kesef (RABEINU CHANANEL to Bava Metzia 47b). A third opinion maintains that since Kesef is the most common method of purchase specified by the Torah (it effects Kidushin and is Koneh land and slaves), the unqualified word "Kinyan," which is used with regard to Metaltelin must also be referring to Kesef (RITVA to Bava Metzia 48a).
(c) Other Amora'im maintain that the Torah does not recognize payment as a form of Kinyan for Metaltelin. Even those who subscribe to the first opinion, that Kesef is a form of Kinyan mid'Oraisa, agree that the Rabanan normally invalidated Kinyan Kesef for the purchase of Metaltelin. Therefore, according to both opinions, in practice even after one has paid for Metaltelim he must be Koneh them with Meshichah (see Background to Bava Metzia 44:5c:c; or Hagbahah or Mesirah or another form of Kinyan) in order to consummate the sale. Thus, in a sale in which currency is being paid for merchandise, the buyer's Meshichah (pulling towards his domain) of the *merchandise* consummates the sale. The seller's Meshichah of the *currency* that was paid for it does not.
(d) One practical difference between whether Kinyan Kesef is effective mid'Oraisa or not involves the Kinyan of a Nochri. The verse which discusses the Kinyan of Metaltelin ("Kanoh *mi'Yad* Amisecha" -- Vayikra 25:14) excludes a Nochri, who is not Amisecha, from that Kinyan. According to the opinion that Meshichah is Koneh mid'Oraisa for a Jew, a Nochri cannot be Koneh with Kinyan Meshichah but must be Koneh with Kesef. According to those who maintain the Kesef, and not Meshichah, is Koneh mid'Oraisa, a Nochri cannot be Koneh with Kinyan Kesef, but must be Koneh with Meshichah (Bechoros 13a).

10) [line 17] MESHADREI PARDASHNEI LA'HADADEI - they send gifts (alt. samples) to each other (RASHI)

11) [line 17] V'LO HADREI VEHU - and they do not retract them (showing that they hold the act of Meshichah to be a binding Kinyan)

12) [line 20] D'RAMUS RUCHA HU DI'NEKITA LEHU - it is because of the haughtiness of spirit that they have (and therefore they do not retract their gifts)

13) [line 22] KI KAILISU CHAMRA - when you measure out wine [to Nochrim]
14) [line 23] SHAKLU ZUZEI MINAIHU - take money from them [first]
15) [line 23] V'IY LO NEKITU BAHADAIHU ZUZEI - and if they are not holding any money with them

16) [line 24] OZIFUNHU - lend to them


17) [line 2] IY D'KA CHAYIL V'RAMI L'MANA D'YISRAEL - if he (the Jewish wine merchant) is measuring and placing [the wine] into a utensil owned by a Jew [then the wine remains in the possession of the Jew, and when the Nochri touches it, it becomes Yayin Nesech]

18) [line 4] KI MATA L'AVIRA D'MANA KANYEI - when [the wine] reaches the airspace of the utensil, he (the Nochri) acquires it (since he is holding the utensil, he acquires the wine through "Hagbahah," lifting -- RASHI)

19) [line 6] L'AR'ISEI D'MANA - to the floor of the utensil
20) [line 6] NITZOK CHIBUR - the column of flowing liquid creates a connection (thus connecting the Nochri's wine in the bottom of the utensil to the wine being poured in, causing the new wine to become prohibited as Yayin Nesech). Whether or not such a flow of liquid creates a Halachic connection is the subject of a dispute later (Daf 72b).

21) [line 8] V'SIKNEI LEI KEILAV - and let his utensils acquire [the wine] for him

22) [line 9] KELAV SHEL LOKE'ACH BI'RESHUS MOCHER LO KANAH - the utensils of a buyer, when they are in the domain of the seller, do not acquire the objects put into them

23) [line 11] IKA AKEVES YAYIN A'PUMEI D'KUZNASA - there is a rim on the mouth of the [Nochri's] jug [that holds some drops of wine]

24) [line 12] KAMA KAMA INSICH LEI - the very first drops that fall are made into Yayin Nesech (because they touch the residue of wine on the rim of the Nochri's jug)

25) [line 14] YIMACHER KULO L'OVDEI KOCHAVIM CHUTZ MI'DEMEI YAYIN NESECH SHE'BO - all of it should be sold to a Nochri except for the value of the Yayin Nesech that is in the mixture (Raban Shimon ben Gamliel permits the entire mixture, excluding the value of the Yayin Nesech that is in it, while the Rabanan argue and prohibit the entire mixture)

26) [line 16] HALACHAH K'RABAN SHIMON BEN GAMLIEL CHAVIS B'CHAVIS AVAL LO YAYIN B'YAYIN - the Halachah follows the view of Raban Shimon ben Gamliel in a case of a barrel [of forbidden wine] that becomes mixed with barrels [of permitted wine], but not in the case of [prohibited] wine itself [that was poured] in [permitted] wine

27) [line 17] GERUTA'OS - broken pieces of silver
28) [line 20] YOLICH L'YAM HA'MELACH - he must throw [the value of the silver idols that he found among the silver pieces that he bought from the Nochri] into the Yam ha'Melach; i.e. it must be destroyed and he cannot claim his money from the Nochri

29) [line 22] MISHUM D'MICHAZI KI MEKACH TA'US - because it is obviously apparent that the sale is a Mekach Ta'us, a mistaken sale (MEKACH TA'US) When one person misleads another in the sale of an object, and because he was misled the buyer does not receive what he thought he was purchasing, the sale is revoked and the object and money are returned to their original owners.

30) [line 26] MISCHAZI K'AVODAS KOCHAVIM B'YAD YISRAEL - it has the clear appearance of an idol in the hands of a Jew

31) [line 31] D'AKDIM LEI DINAR - he (the Nochri) gave him a Dinar beforehand (that is, much more than the price of the wine, before the Jew set the price, with the understanding that the Jew will return the extra money (RASHI). As such, the money paid for the wine is permitted, since the wine only becomes Yayin Nesech afterwards, when the Nochri touches it.)

32) [line 40] BEN NOACH NEHERAG AL PACHOS MI'SHAVEH PERUTAH - a Ben Noach is put to death if he steals even less than the value of a Perutah (see Background to Avodah Zarah 64:20)

33) [line 41] V'LO NITAN L'HESHAVON - and it cannot be returned in order to avoid the death penalty (RASHI to Eruvin 62a and to Yevamos 47b)

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