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Avodah Zarah 72

AVODAH ZARAH 72-76 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) [line 6] IY MAZBINENA LAH L'HA AR'A, LACH MAZBINANA LAH - if I sell this land, to you I shall sell it (KINYAN SUDAR)
(a) In the case of the Gemara, the parties involved made a Kinyan confirming the owner's commitment.
(b) Just as a person must make a Ma'aseh Kinyan, a formal Halachically-binding act, when he acquires an object, in order for the acquisition to be irrevocably binding, so, too, when a person accepts upon himself a certain commitment or obligation, or wants to bind himself to keep his word, he can make a formal Halachically-binding act denoting his obligation. One form of Kinyan that may be used for this purpose is Kinyan Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement).
(c) In the context of making a Kinyan to demonstrate one's commitment to an agreement, the Kinyan is a symbolic act in which an object of little value is given over, such as a scarf or piece of cloth (Sudar). For this reason, Chalipin is also known as "Kinyan Sudar."

2a) [line 15] UVDA HAVAH BEI RAV CHISDA - an incident was [discussed] in the house (Yeshiva) of Rav Chisda
b) [line 15] V'RAV CHISDA BEI RAV HUNA - and [the incident] of Rav Chisda [was discussed] in the house (Yeshiva) of Rav Huna

3) [line 17] MASHACH HEIMENEU CHAMARAV U'FO'ALAV - he (the buyer) pulled from him (the seller) his donkeys (laden with merchandise) and his workers (carrying merchandise). A Kinyan Meshichah (see Background to Avodah Zarah 71:9) is not effective when the Meshichah is performed on an animal or person carrying the item that is being acquired.

4) [line 19] PERKAN - he unloaded them (from the donkey or the worker)
5) [line 20] MADAD AD SHE'LO PASAK, SHENEIHEN YECHOLIN LACHZOR BAHEN - if he measured [the merchandise] but did not yet decide on a price, both of them are able to withdraw from the transaction

6) [line 24] ZUZEI ANSUHU - the money forced him. That is, the higher price (120 Zuz) that the second buyer offered for the land persuaded the owner to sell his land to that buyer. When the owner committed himself to sell the land to the first buyer, and to no one else, for 100 Zuz, he intended to commit himself only if no one else offered a higher price.

7) [line 24] KED'SHAIMEI BI'TELASA - [I will sell the land to you according to its value] as it will be appraised by three [appraisers]

8) [line 25] AFILU TREI MI'GO TELASA - [he agrees to the value as appraised] even by two out of the three [appraisers]. This is because his commitment to follow the appraisal of "three" constitutes his acceptance of the appraisal of a Beis Din, and the rule of a Beis Din is that the majority opinion prevails (and it is not necessary to have a unanimous decision).

9) [line 25] KED'AMREI BI'TELASA - [I will sell the land to you according to its value] as it will be stated by three [appraisers]

10) [line 25] AD D'AMREI BI'TELASA - [he agrees to the value as appraised only] until it is stated by all three [of the appraisers]. This is because he committed himself to follow the "statement" of three regarding the value, and not the "appraisal" (judgement) of three, and thus he intended to accept only a unanimous decision, and not a majority decision.

11) [line 27] D'KIM LEHU TEFEI - because [I maintain that] they are greater experts
12) [line 30] MASHPECH - (O.F. entonedoir) a funnel
13) [line 30] TZELOCHISO - his jug (that has a narrow opening)
14) [line 31] AKEVES YAYIN - (a) an area on the funnel on which some drops of wine remain (according to RASHI, this is the bottom of the funnel; according to the TIFERES YISRAEL, this is the upper rim of the funnel). According to this explanation, "Akeves" is spelled with a "Kaf." (b) Residual wine (YERUSHALMI, as cited by RAN and TOSFOS YOM TOV). According to this explanation, "Akeves" is spelled with a "Kuf" (as in Hoshe'a 7:8).

15) [line 32] HA'ME'AREH - one who pours
16) [line 32] ES SHE'IRAH MIMENU MUTAR - the one from which he poured [the wine] is permitted. (The wine belonged to a Jew, but was poured from one vessel into another by a Nochri. The Mishnah teaches that the wine in the original vessel remains permitted, since the Nochri did not touch it, nor did his "Ko'ach" act on it.)

17a) [line 33] HA'NITZOK - the column of flowing liquid
b) [line 33] HA'KATAFRAS - the liquid that flows down a sloped surface
c) [line 33] MASHKEH TOFE'ACH - moisture that remains on a surface (but which is not moist enough to make something that touches it also moist; RASHI)

18a) [line 33] LO L'TUM'AH - [these liquid formations combine] not for Tum'ah. If a person who is Tamei touches water (or other liquid) in one place which is "connected" to water in another place via a column of flowing water (Nitzok), water running down a sloped surface (Katafras), or stationary moisture (Mashkeh Tofe'ach), the water in the second place does not become Tamei.

b) [line 34] V'LO L'TAHARAH - and not for Taharah (MIKVAH)
(a) The Torah tells us that rainwater is Metaher (purifies) only when it is collected in a cavity, or "b'Ashboren," a fact that is learned from Vayikra 11:36, where the verse states that a "Mikveh Mayim" (an accumulation of water) purifies. While the rainwater is flowing (down a slope, for example), it cannot be Metaher.
(b) There must be at least 40 Se'ah of rainwater in a Mikvah in order for it to be Metaher, which is approximately equal to 288, 331.78 or 576 liters, depending upon the differing Halachic opinions.
(c) If a body of collected water does not contain 40 Se'ah, but it is "connected" to a body of water in a different place that does contain 40 Se'ah via a column of flowing water (Nitzok), water running down a sloped surface (Katafras), or stationary moisture (Mashkeh Tofe'ach), it still is not considered a valid Mikvah (and one who immerses there remains Tamei).

19) [line 34] HA'ESHBOREN - a place where water can collect (and remain stationary)

20) [line 40] TENAN - the Mishnah teaches (the Gemara attempts to prove from the Mishnah that Nitzok *is* a Chibur)


21) [line 3] TANI REBBI CHIYA - Rebbi Chiya taught (in the Beraisa that he taught parallel to our Mishnah)

22) [line 3] SHE'PACHASTO TZELOCHISO - his jug slapped it (RASHI). While the Jew was pouring wine into the jug of a Nochri, the jug became so full that the wine "slapped" the funnel, leaving some of the Nochri's wine in the Jew's utensil.

23) [line 9] D'GAVEI D'MANA - that [wine] which is in the inside of the vessel

24) [line 9] D'KA MAKTIF KETUFEI - [the case is where the flow of wine] is cut off (before the wine that is poured enters the Nochri's vessel)

25a) [line 13] CHAVIS - a barrel
b) [line 13] BOR - a pit

26) [line 13] KILU'ACH HA'YORED MI'SEFAS CHAVIS L'MATAH - the column [of wine] that descends from the rim of the barrel and downward

27) [line 16] GAVA D'CHAVISA - the [wine which is] inside of the barrel

28a) [line 18] L'VARAI - [the wine that went] outside [of the barrel]
b) [line 19] L'GAVAI - [the wine that remains] inside [of the barrel]

29) [line 21] NAPTZEI NEFUTZEI - hurl it [from afar]
30) [line 22] SHEFUCHA'EI - [Jewish] workers who pour wine from one vessel to another

31) [line 24] MISHTALISU - you might forget
32) [line 24] SHADISU LEI ALEI - leave it (the barrel of wine) with him (the Nochri, leaving him to pour it by himself)

33a) [line 26] D'ASIK CHAMRA - who brings up wine [from one barrel into another]
b) [line 26] B'GISHTA U'VAS GISHTA - with a type of siphon. A "Gishta" and "Bas Gishta" refer to two ends of a type of siphon made by cutting two reeds along their lengths at an angle, and then joining them where they were cut, thereby forming a "V" shaped-straw. One end is placed in a full barrel, and the other end is placed in an empty barrel after one sucks on it, creating an initial pull that draws the wine into the empty barrel (RASHI).

34) [line 27] ANACH YADEI A'GISHTA - he placed his hand on the end of the siphon from which the flow of wine is emerging into the barrel

35) [line 32] A'GISHTA U'VAS GISHTA GARIR - [all of the wine] is drawn by the siphon (and therefore it is as if the Nochri touched the wine in the barrel itself, and there is no proof that "Nitzok" is considered a "Chibur")

36) [line 33] KANISHKANIN - (O.F. carole) wide jugs that had two or three reed-straws coming out of their sides, reaching the height of the jug, which would fill up when the jugs were filled with wine, enabling a number of people to drink from the jugs at one time. (The Gemara states that Mar Zutra and Rabah permitted Jews to drink from the Kanishkanin together with a Nochri, as long as the Nochri did not stop drinking. The jug of wine becomes forbidden only when the Nochri stops drinking, because the wine he stopped drinking goes back down into the jug, making all of it forbidden.)

37) [line 35] IKLA - he traveled, visited
38) [last line] BEI REISH GALUSA - the house of the Reish Galusa, the Exilarch

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