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1) A NOCHRI WHO DID NOT INTEND TO TOUCH WINE

(a) A case occurred in Neharda'a, a Nochri and a Yisrael stomped grapes together. Shmuel withheld ruling for three festivals.
(b) Question: Why did he wait?

1. Suggestion: He wanted to see if there was a Tana who forbids benefit from it, like R. Noson (then he would forbid benefit from it).

i. (Beraisa): If a Nochri measured (the depth of) wine by sticking in his hand or foot, one may sell the wine;
ii. R. Noson says, if he stuck his hand in, it is forbidden to benefit from it; if he used his foot, one may sell it.

2. Rejection: R. Noson only forbids benefit when he used his hand, not when he used his foot!

(c) Answer: He wanted to see if there was a Tana who permits drinking it, like R. Shimon (then he would permit drinking it).
(d) A Nochri climbed a date tree and took a Lulav; on his way down, the end of the Lulav (our text; R. Tam - he) unintentionally touched wine.
(e) Rav: The wine may be sold to Nochrim.
(f) Rav Kahana and R. Asi: But your yourself said that a one day old Nochri makes Yayin Nesech (if he touches wine, even though he has no intention)!
(g) Rav: I only meant that it is forbidden to drink it, but one may benefit from it.

(a) Question (against Rav - Rav Simi bar Chiya - Beraisa): If one bought slaves from a Nochri and they were circumcised but did not yet immerse, and similarly children of a Yisrael's female slave (who did not yet immerse to become a Shifchah Kana'anis) that were circumcised but did not yet immerse:

1. Their spit and Medrasan (what they step on) are Teme'im (by Rabbinic enactment, they are like Zavim, even) in the market;
2. Some say, they are Tehorim (they are like *doubtful* Zavim, therefore, they are not Metamei in Reshus ha'Rabim);
3. Adults make Yayin Nesech, children do not;

i. 'Adult' refers to one who knows idolatry well, 'child' is one who does not.

4. Summation of question: It says that adults make Yayin Nesech, children do not!

(b) Answer: The Beraisa discusses children (of a female slave) that were circumcised but did not yet immerse (they will be raised not to serve idolatry - but Nochri infants make Yayin Nesech).
(c) Question: But it says *similarly* (children of a female slave...implying that the law is the same as for slaves that did not yet immerse, i.e. Nochrim)!
(d) Answer: Their law is the same regarding Tum'ah (of their spit and Medrasan).
(e) Question: This is according to the opinion that they are Teme'im;

1. But according to the opinion that they are Tehorim, how can we answer? (All the more so, spit and Medrasan of sons of slaves are Tehorim, there is no need to say this; *similarly* must teach about Yayin Nesech!)

(f) Answer: It teaches that slaves born to Nochrim have the same law as sons of slaves - they make Yayin Nesech before immersing, but not afterwards.

1. This argues with Rav Nachman.
2. (Rav Nachman): If one buys slaves from a Nochrim, even after they are circumcised and immerse, they make Yayin Nesech until their (previous) connection to idolatry is forgotten.
3. Question: How long is this?
4. Version #1 - Answer (R. Yehoshua ben Levi): Twelve months.
5. Version #2 - R. Tam - Answer: Like R. Yehoshua ben Levi said (about a different matter), 12 months.

(g) Question (Rabah - Beraisa): If one bought slaves from a Nochri and they were circumcised but did not yet immerse, and similarly children of a slave that were circumcised but did not yet immerse:

1. Their spit and Medrasan are Teme'im in the market;

2. Some say, they are Tehorim;
3. Adults make Yayin Nesech, children do not;

i. 'Adult' refers to one who knows idolatry well, 'child' is one who does not.

4. Summation of question: It says that slaves who were circumcised but did not yet immerse make Yayin Nesech - but not after immersion!

(h) Answer: This refers to children of a female slave (they were born in the Yisrael's house - but regular slaves make Yayin Nesech for a year after immersion).
(i) Question: But it says *similarly* (children of a female slave...implying that the law is the same as for regular slaves)!
(j) Answer: The law is the same regarding Tum'ah;
(k) Question: This is according to the opinion that their spit and Medrasan are Teme'im;

1. But according to the opinion that they are Tehorim, what can we answer?

(l) Answer: It teaches that regular slaves (before immersing) have the same law as sons of slaves - only adults make Yayin Nesech, not children.

1. This argues with Rav.
2. (Rav): A one-day old Nochri makes Yayin Nesech.

(a) A case occurred, a Nochri entered Reuven's store and asked to buy wine.

1. Reuven: We do not have wine.
2. There was wine in a bucket; the Nochri, inserted his hand, shook it and said 'This is not wine?!' Reuven angrily took it away and poured it into a barrel (containing more wine).

(b) Rava: (All) the wine may be sold to Nochrim.
(c) Rav Huna bar Chinena and Rav Huna brei d'Rav Yehoshua: It is forbidden to benefit from it!

1. Rava's Talmidim permitted it, the Talmidim of Rav Huna bar Chinena and Rav Huna brei d'Rav Yehoshua forbade it.