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AVODAH ZARAH 71
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SUMMARY

1. If a city is captured by an army, the wives of Kohanim are forbidden to their husbands.
 
2. If a city is captured by an army, open barrels of wine are permitted.
 
3. If a Yisrael who worked for a Nochri was sent wine for his wages, he may instruct the Nochri to send the value of the wine instead.
 
4. A Yisrael may instruct a Nochri to pay his produce taxes to the king and he will pay him back.
 
5. A Yisrael may not instruct a Nochri, "Go to the supervisor of the storage house of the king in my stead," but he may instruct him, "Save me from the supervisor."
 
6. A Yisrael sells his wine to a Nochri. If they first agreed upon a price and then measured out the wine, the proceeds of the sale of the wine are permitted.
 
7. A Yisrael sells his wine to a Nochri. If they measured the wine before they agreed upon a price, the proceeds of the sale are forbidden to the Yisrael.
 
8. Ameimar says that a Nochri is Koneh with Meshichah. Rav Ashi disagrees.
 
9. If Yayin Nesech becomes mixed with Kosher wine, according to Raban Shimon ben Gamilel the wine may be sold to a Nochri except for the value of the Yayin Nesech.
 
10. If a Nochri sells coins for scrap to a Yisrael and an Avodah Zarah is found among them, the Yisrael may return the coins even if he already did Meshichah on them, as long as he has not yet paid for the coins.
 
11. If the Yisrael already paid for the coins and an Avodah Zarah is found among them, the Yisrael must throw the Avodah Zarah into the Dead Sea.
 
12. If a Ben Noach steals even something worth less than a Perutah from a Yisrael, he is Chayav Misah.

A BIT MORE

1. The wife of a Kohen becomes forbidden to her husband even if she was raped. The wife of a non-Kohen becomes forbidden only if she willingly committed adultery.
 
2. Although the soldiers have time to rape, they are too busy to be Menasech wine during a time of war. There is a greater Yetzer ha'Ra for promiscuity than for Nisuch.
 
3. However, once the wine reaches the hands of the Yisrael, he may not exchange it for money.
 
4. The tax is a percentage of each person's produce and livestock, and the Yisrael owes a percentage of his wine to the king. Even though the Nochri is giving wine to the king on behalf of the Yisrael, he is not considered an emissary of the Yisrael. He could have given money instead of wine.
 
5. The supervisor of the king is in charge of collecting oil and wine to stock the king's storage. If the Yisrael instructs a Nochri to go in his stead, he implies that whatever the Nochri gives to the supervisor is considered as though the Yisrael gave it him. Therefore, the Nochri is the Yisrael's emissary to give wine to the supervisor. This is forbidden. If, however, the Yisrael says merely, "Save me from the treasurer," since the Nochri may give money instead of wine, he is not considered an emissary of the Yisrael if he gives wine.
 
6. The Nochri acquires the wine when it is measured because a Nochri acquires with Meshichah. Since the Nochri did not yet touch the wine at the time of the Kinyan, the money he owes is in exchange for Kosher wine. Therefore, the money is permitted.
 
7. Since they had not yet agreed upon a price, the Nochri does not acquire with Meshichah. Therefore, if he touches the wine prior to the Kinyan, the money he owes to the Yisrael is in exchange for Yayin Nesech. Proceeds of Yayin Nesech are forbidden.
 
8. According to Rav Ashi, when a Yisrael sells wine to a Nochri he must receive the money prior to the Meshichah of the wine. Since the Nochri is not Koneh with Meshichah, the wine becomes Yayin Nesech at the time of the Meshichah.
 
9. The Rabanan disagree. They maintain that one is forbidden to derive benefit from the entire mixture. Rav says that the Halachah follows the view of Raban Shimon ben Gamliel only in a case where a barrel of Yayin Nesech becomes mixed with other barrels. If wine of Yayin Nesech becomes mixed with other wine, the Halachah follows the view of the Rabanan, and all of the wine is prohibited.
 
10. He may return the coins, because the Meshichah that he made was a Mekach Ta'us.
 
11. Once he paid for the coins, he may not return them and retrieve his money, even though the Kinyan was a Mekach Ta'us. It would appear as though he is selling the Avodah Zarah to the Nochri.
 
12. Gezel is one of the seven Mitzvos Bnei Noach. A Ben Noach is Chayav Misah for transgressing any of them even if he was not warned with Hasra'ah. Even though a Yisrael forgives less than a Perutah, for a Ben Noach even less than a Perutah is considered Mamon.

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