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1) WHEN ARE WE CONCERNED FOR "NISUCH?" (Cont.)

(a) (Mishnah): If Reuven processed the wine of a Nochri (Tony) (to sell it to Yisraelim) and it was left in Tony's house, which is open to a public road:

1. If there are Nochrim and Yisraelim in the city, the wine is permitted;
2. If there are only Nochrim in the city, the wine is permitted only if a Yisrael sits and guards it.

i. It suffices if the guard goes in and out.

3. R. Shimon ben Elazar says, the domain of Nochrim has one law (this will be explained).

(b) If Reuven processed Tony's wine and it was left in Tony's house, and Tony wrote 'I already received the money for it (from you)', the wine is permitted;

1. A case occurred in Beis Shan, Tony did not let Reuven take it before paying; Chachamim forbade the wine.

(c) (Gemara) Question: Even if the city is all Nochrim, surely Yisrael peddlers (who go from city to city) pass through (Tony is afraid to Menasech, lest they see him)!
(d) Answer (Shmuel): The case is, the city has a locked gate (Rashi - the inhabitants know when it was opened for peddlers to enter; R. Chananel - they assume that no peddlers enter; Ra'avad - the city has peddlers that live there, travelling peddlers do not enter).
(e) (Rav Yosef): If a window (of a Yisrael's house) looks into where the wine is kept, this is like being open to a public road, also an Ashpah (where people make) or a date tree is like a public road.
(f) (Rav Acha or Ravina): If the date tree no longer bears fruit, the wine is forbidden (Tony does not think that Reuven will go up the tree);
(g) (The other of Rav Acha and Ravina): Even if it no longer bears fruit, the wine is permitted (Tony fears that Reuven may go up to look for lost animals).
(h) (Beraisa - R. Meir): If Shimon bought or rented a house in Tony's Chatzer and filled it with wine (Shimon does not live there):

1. If a Yisrael lives in the Chatzer, the wine is permitted, even if Shimon does not have a lock and seal on the wine;

2. If a Yisrael lives in a nearby Chatzer, the wine is permitted only if Shimon has a lock and seal on it.
3. If Reuven processed Tony's wine and it was left in Tony's house, and a Yisrael lives in that Chatzer, the wine is permitted only if Reuven has a lock and seal on it;

i. R. Yochanan: This clause should say 'even if Reuven does *not* have a lock and seal on it'.

4. If a Yisrael lives in a nearby Chatzer, the wine is forbidden even if he has a lock and seal on it;
5. Chachamim say, it is forbidden unless a Yisrael guards it, or someone comes at fixed times to see.

(i) Question: Which law do Chachamim dispute?
(j) Answer #1: The last law (Reuven processed Tony's wine, it was left in Tony's house, a Yisrael lives in a nearby Chatzer).
(k) Rejection: The first Tana also forbids!
(l) Answer #2: The law before this (Reuven processed Tony's wine, it was in Tony's house, a Yisrael lives in that Chatzer).
(m) Rejection: R. Yochanan emended the text to say 'even if Reuven does *not* have a lock and seal on it', it is clear that we are lenient in this case!
(n) Answer #3: The second law (Shimon bought or rented a house in Tony's Chatzer and filled it with wine; a Yisrael lives in a nearby Chatzer).

1. The first Tana permits the wine if Shimon has a lock and seal on it;
2. Chachamim require a guard or someone who comes at fixed times to see.
3. Objection: Coming at fixed times is worse (Tony is unafraid at other times)!
4. Correction: It means, someone comes at unpredictable times.

(a) (Mishnah - R. Shimon ben Elazar): The domain of Nochrim has one law.
(b) Question: Is he more lenient or more stringent than Chachamim (the first Tana)?
(c) Answer #1 (Rav Yehudah): He is more lenient;

1. Chachamim say, even if the wine is stored by a second Nochri (Ricky), it is forbidden (unless there are Yisraelim in the city or a guard);

i. We are concerned for Gomelin (even though Ricky would not touch it (it is not his at all), he would allow Tony to touch it, for Tony would let Ricky do the same if Ricky's wine was (processed by a Yisrael and) by Tony).

2. R. Shimon ben Elazar asks in astonishment, do the domains of all Nochrim have the same law?! (Rather, we are concerned only if the wine is by its owner.).

(d) Answer #2 (Rav Nachman): He is more stringent;

1. Chachamim say, we are concerned only if the wine is by its owner;
2. R. Shimon ben Elazar says, the domains of all Nochrim have the same law (we are concerned for Gomelin.)

(e) Support (for Rav Nachman - Beraisa - R. Shimon ben Elazar): The domains of all Nochrim have the same law, because they cover up for each other.
(f) Porzak was (a Nochri,) second to the king; his household kept wine by their sharecropper.
(g) Rabanan: Since the sharecropper would not keep wine by Porzak, all agree that we are not concerned for Gomelin.
(h) Rava: To the contrary - since the sharecropper fears Porzak, Porzak may touch the wine, he knows that the sharecropper is afraid to tell.
(i) Reuven had wine in a big city; a Nochri was found between the barrels.
(j) Rava: If the Nochri (fears the authorities and) has no right to touch it (Rashi; Tosfos - to be there), the wine is permitted (he is afraid, he would not do anything).