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AVODAH ZARAH 72
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SUMMARY

1. If a Ben Noach steals less than a Perutah from a Yisrael and then his friend takes it from him, his friend is Chayav Misah.
 
2. A person promised his friend that should he sell his land, he would sell it to him. They agreed on a price and a Kinyan was made. If he sells it to someone else, the first person is Koneh.
 
3. A Yisrael sells his wine to a Nochri. If they first agreed upon a price and then measured the wine, the proceeds of the sale of the wine are permitted.
 
4. 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.
 
5. If a person does Meshichah on produce while it is on his animal or his worker, he is not Koneh.
 
6. If he removes the produce from his animal or worker and places it in his house, he is Koneh.
 
7. A person promised his friend that if he sells his land, he will sell it to him for 100 Zuz. A Kinyan was made. If he sells it to someone else for 120 Zuz, there is a disagreement about whether the first person is Koneh.
 
8. A person promised his friend that if he sells his land, he will sell it him. The value of the land will be determined by the majority opinion of the assessment of three people.
 
9. If the owner says that the price of the land shall be determined by the declaration of three people or by the evaluation of four people, they all must agree unanimously on a price.
 
10. If the seller brings three people to assess the value of the land, there is a disagreement about whether the buyer may insist on bringing three others for the assessment.
 
11. A stream if water which comes straight down or comes down on a slope is not regarded as one body of water for Tum'ah or Taharah.
 
12. A moist patch of water is not regarded as one body of water for Tum'ah or Taharah.
 
13. Rav Huna says that liquid which comes straight down or comes down on a slope and a moist patch of water are regarded as one body of water for Yayin Nesech.
 
14. A Yisrael pours wine from his utensil into the utensil of a Nochri through a funnel. If some of the wine is held up in the funnel and the funnel is used to pour wine into the utensil of the Yisrael, the wine is forbidden.
 
15. If a Nochri pours wine from a barrel, the wine that is poured out of the barrel is forbidden.The wine which remains in the barrel is permitted.

A BIT MORE

1. His friend is Koneh the stolen item with Meshichah. Therefore, he is Chayav Misah.
 
2. However, if they did not agree upon a price, he is not Koneh. He does not rely on the Kinyan because the seller could later quote an exaggerated price.
 
3. 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.
 
4. 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.
 
5. Meshichah is Koneh only when the produce is in his hands.
 
6. He is Koneh with a Kinyan Chatzer if they agreed upon a price.
 
7. Rav Kehana says that the first person is Koneh. Rav Yakov from Nehor Pekud says that since the seller would not have sold the land had he not been offered an inflated price, he is not bound by the agreement. The agreement implied that he will sell it to the first person only if he sells it the regular price.
 
8. His intention is that the three people will serve as a Beis Din. Therefore, it is decided by a majority.
 
9. Since he did not say that he wants an evaluation, or he did not insist on three people, he does not intend that they should serve as a Beis Din.
 
10. According to Rav Papa, the buyer has the right to insist that three other people be brought in for the assessment. Rav Huna ben Yehoshua disagrees.
 
11. If a Tamei person touches the water at the bottom part of the stream, the water at the top is Tahor. In addition, if a Mikvah with less than 40 Se'ah of water is attached with a stream of water to a Mikvah with 40 Se'ah of water, it is not regarded as an attachment if the stream of water comes straight down, or comes down on a slope.
 
12. There are two bodies of water at both sides of a moist patch of water, which is not wet enough for the moisture to be transferred to another place. If a Tamei person touches the water on one side, the water on the other side remains Tahor. In addition, if a Mikvah with less than 40 Se'ah of water is attached with a moist patch of water to a Mikvah with 40 Se'ah of water, it is not regarded as an attachment.
 
13. If a Nochri pours wine from one utensil to another, the wine in the upper utensil is forbidden since it is attached to the wine in the lower utensil.
 
14. Rebbi Chiya explains that the wine in the utensil of the Nochri overflowed into the wine in the funnel. Therefore, the wine in the funnel becomes Yayin Nesech.
 
15. The Nochri did not come into contact with the wine, since the wine was poured only from his Ko'ach. It is forbidden mid'Rabanan. However, the Rabanan did not prohibit the wine which remains in the barrel.

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