AVODAH ZARAH 39 (8 Adar) - dedicated in honor of the Yahrzeit of Sarah bas Baruch Hersh Rosenbaum, who passed away on 8 Adar 5776, by her husband Zev Dov Rosenbaum.

1)FORBIDDEN FISH

(a)(Mishnah): Diced Tiryas (salted fish), brine in which there is not a fish (and Chilak... )

(b)(Rav Nachman bar Aba): Chilak is Sultanis (sardine or herring). It is forbidden because there are Tamei fish that resemble it (and may be mixed in).

(c)(Beraisa): If it now lacks fins and scales but will grow them later, such as Sultanis or Afitz (in Chulin, the text is Afyan), it is permitted;

1.If it now has fins and scales but they fall off when it leaves the water, such as Akunas, Afunas (mullet), Kaspatias (salmon), Akaspatias (swordfish?) and Atunas (tuna), it is permitted;

(d)(R. Avahu): Fish innards and fish eggs may be bought from anyone. Normally, they come only from Plusa and Aspamya (and Tamei fish are not common there).

(e)(Abaye): Chilak of the Davav River is permitted.

(f)Question: What is the reason?

1.Suggestion: The water flows rapidly. Tamei fish cannot survive there because they lack a spine.

2.Rejection: We see that Tamei fish live (in rapidly flowing water)!

(g)Answer #1: Rather, because it is very salty, Tamei fish cannot survive there because they lack scales.

(h)Rejection: We see that Tamei fish live (in very salty water)!

(i)Answer #2: The nature of the Davav river floor does not allow Tamei fish to live there.

(j)(Ravina): Nowadays, the Guza and Gamda rivers flow into the Davav river. We are concerned for Tamei fish from those rivers.

(k)(Abaye): The sea-donkey (the fish that corresponds to a donkey) is permitted. The sea-ox is forbidden;

1.A Siman (way to remember this) is 'Tahor Tamei (what is Tahor on land is Tamei in water), Tamei Tahor.'

(l)Version #1A - our text, Rashi (Rav Ashi): Shaper-fish is permitted. Kadesh-fish is forbidden;

1.A Siman is "Kodesh la'Shem" (Kodesh is forbidden).

(m)Version #1B: Kever-fish is forbidden. A Siman is 'Kivrei (graves of) Nochrim' (they are Tamei. Even though graves of Yisrael are as or even more Tamei, perhaps we did not want a Siman that alludes to death of Yisre'elim -PF.)

(n)Version #2A - R. Chananel (Rav Ashi): Shaper-fish is forbidden. Kadesh-fish is permitted;

1.A Siman is "Kodesh Yisrael la'Shem" (Kodesh is proper for Yisrael).

(o)Version #2B: Kever-fish is permitted. A Siman is 'Kivrei (graves of) Nochrim' (they do not have Tum'as Ohel).

(p)R. Akiva came to Ginzak. They put in front of him a fish resembling Chipusa (which is Tamei). He covered it with a barrel, and later found scales on the barrel. He permitted it.

(q)Rav Ashi came to Tamdoriya. They put in front of him a fish resembling an eel (which is Tamei). He put it in the sun, and found fine scales on it. He permitted it.

(r)Rav Ashi came to a place. They put in front of him a fish resembling Shaper-fish. He covered it with a white Keli, and later found scales on the Keli. He permitted it.

(s)Rabah bar bar Chanah came to Akra d'Agma. They put Chilak in front of him. He heard someone calling it 'Bati' (a Tamei fish). He decided not to eat it.

1.In the morning, he indeed found Tamei fish inside, and thanked Hash-m for saving him from transgression.

2)WHO IS TRUSTWORTHY?

(a)(Mishnah): A piece of Chiltis (of Nochrim).

(b)Question: Why is this forbidden?

(c)Answer: They cut it with knives that absorbed forbidden taste.

1.Even though (we assume that a Keli was not used for (forbidden) food in the last day, and absorbed tastes over a day old are normally li'Fgam, and) Nosen Ta'am li'Fgam is permitted, because Chiltis is (so) sharp, it causes the absorbed fat (in the knife) to improve the taste.

(d)R. Levi's slave used to sell Chiltis, After R. Levi died, people asked R. Yochanan if they may still buy from him.

(e)(R. Yochanan): The slave of a Chaver (one who is totally reliable) is like a Chaver.

(f)Rav Huna bar Minyomi bought Techeiles from the wife of Rav Amram Chasida.

(g)Chanan Chaita: A case occurred in which Shmuel ruled that the wife of a Chaver is like a Chaver.

(h)(Beraisa): The wife of a Chaver is like a Chaver. The slave of a Chaver is like a Chaver;

1.If a Chaver dies, his wife and household are still considered Chaverim, until there are grounds to suspect them. This applies also in a courtyard where they sell Techeiles

(i)(Beraisa): If the widow, divorcee or daughter of an ignoramus marries a Chaver, or if the slave of an ignoramus is sold to a Chaver, she (or he) must accept to conduct like a Chaver;

1.R. Meir says, If the widow, divorcee, daughter or slave of a Chaver marries or is sold to an ignoramus, l'Chatchilah, she need not accept to conduct like a Chaver;

2.R. Yehudah and R. Shimon ben Elazar say, l'Chatchilah, she must accept to conduct like a Chaver;

i.A case occurred in which a woman married a Chaver, and helped tie Tefilin on his arm. She later married a tax collector (he is assumed to steal), and helped tie the seals (receipts given to those who paid) on his arm.

3)HOW WELL THINGS MUST BE GUARDED

(a)(Rav): A double seal is needed for the following: milk, meat, wine and Techeiles (lest he switch them with similar forbidden food (or invalid Techeiles) or pour the wine to idolatry. Meforshim differ about whether we discuss a deposit with a Nochri (Rambam), or with a Nochri or suspected Yisrael (Rashba), or only with a suspected Yisrael (R. Tam); or sending them with a Nochri (Tosfos 31a),

1.A Siman is the initial letters (in Hebrew). They spell CHaVIS (barrel).

39b----------------------------------------39b

(b)One seal suffices for the following: Chiltis, fish innards, bread and cheese;

1.The initials of these spell CHaMPaG.

(c)Version #1 (our text, Tosfos) (Implied question: Why does one seal suffice for bread?)

(d)Answer - Question: What concern is there for bread?

1.If he would take your warm bread and replace it with (his forbidden) cold bread, it would be evident that he switched!

2.If he will take your wheat bread and replace it with barley bread, it would be evident that he switched!

(e)Answer: The only concern is lest he switch bread of the same type and freshness (because yours is slightly better). He would not bother trying to forge even one seal for this. (end of Version #1)

(f)Question: Rav says that one seal suffices for cheese. He would not bother trying to forge the seal to switch with his own;

1.Likewise, one seal should suffice also for milk!

(g)Correction (Rav Kahana): Indeed, it does. Rather, the 'Ches' of 'Chavis' stands for Chatichah (a piece of fish without signs that it is Kosher).

(h)Question: That is just like meat, which was already taught!

(i)Answer: Indeed, both were taught even though they are very similar.

(j)(Shmuel): A double seal is needed for meat, wine and Techeiles. The acronym is BaYiS;

1.One seal suffices for Chiltis, fish innards, and cheese. The acronym is MaCHaG.

(k)Version #2 (Rashi): Shmuel need not teach about bread. Surely one seal is necessary and sufficient!

1.He would not take warm (or wheat) bread and replace it with cold (or barley) bread. It would be evident that he switched!

2.The only concern is that he will switch bread of the same type and freshness. He would not bother forging a seal for this. (end of Version #2)

(l)(Beraisa): The following may only be bought from reliable (Yisraelim) in Surya (Rambam - and all the more so, in Chutz la'Aretz proper): wine, fish innards, milk, Salkundris salt, Chiltis, and cheese. The acronym is YeMaCH MeCHaG.

1.A guest may rely on his host regarding all of them.

2.This supports R. Yehoshua ben Levi.

3.(R. Yehoshua ben Levi): If a regular person sent (one of these) for a gift, it is permitted.

4.Question: What is the reason?

5.Answer: We do not suspect a person of eating forbidden food (only selling it). Presumably, the giver gave from what he eats himself.

4)SALKUNDRIS SALT

(a)(Mishnah): Salkundris salt.

(b)(Rav Yehudah): This is salt eaten by bakers (Rashi; Ran - important people) of Romi.

(c)(Beraisa - R. Meir): Black Salkundris salt is forbidden. White is permitted;

(d)R. Yehudah says, white Salkundris salt is forbidden. Black is permitted;

(e)R. Yehudah ben Gamliel says, both are forbidden.

(f)(Rabah bar bar Chanah): R. Yehudah forbids white Salkundris salt because they mix in innards of white fish. R. Meir forbids black salt because they mix in innards of black fish. R. Yehudah ben Gamliel forbids both due to white and black fish innards.

(g)(R. Avahu citing R. Yehudah ben Gamliel): There was a Nochri who used to smooth out the salt with lard of pigs.

(h)(Mishnah): These are forbidden (to eat; one may benefit from them).

(i)Question: What does this come to exclude?

(j)Answer: According to Chizkiyah, it excludes when we know that wine was mixed in (with preserved foods, for then one may not benefit from them). According to R. Yochanan, it excludes fish innards and cheese of Beis Onaiki. The Mishnah is like R. Meir (who forbids benefit from them).

5)PERMITTED FOODS OF NOCHRIM

(a)(Mishnah): The following may be eaten:

1.Milk milked by a Nochri when a Yisrael was watching, honey, Dovdevaniyos (Rashi - clusters of grapes; Rambam - cakes of honey taken from hives);

2.Even though the Dovdevaniyos are dripping, it is not considered a liquid for Hechsher (to make foods susceptible to receive Tum'ah).

(b)(Also these may be eaten-) preserved foods in which wine or vinegar is not normally mixed in; Tiryas that is not diced; fish brine in which there is a fish; a leaf of Chiltis; and clumps of soft olives;

(c)R. Yosi says, Shelachin are forbidden (this will be explained).

(d)Grasshoppers from the basket are forbidden. Those from the storehouse are permitted. The same applies regarding Terumah (this will be explained).

(e)(Gemara): Our Mishnah teaches like the following Beraisa.

1.(Beraisa): A Yisrael may sit outside the herd of a Nochri milking his animals and buy the milk. He need not be concerned (lest milk of Tamei animals was mixed in).

2.Question: What is the case?

i.If there are no Tamei animals in the herd, obviously we are not concerned!

ii.If there are Tamei animals in the herd, we should be concerned!

3.Answer: There are Tamei animals in the herd. When the Yisrael stands, he can see the Nochri, when he sits, he cannot see him.

i.One might have thought that since he cannot see the Nochri when he sits, we should be concerned lest milk of Tamei animals was mixed in. The Beraisa teaches that this is not so, because the Nochri fears lest the Yisrael stand and see him.

(f)(Mishnah): Honey.

(g)It is permitted, for there is nothing to be concerned about!

1.We are not concerned lest the Nochri mixed in wine, for this would make it spoil!

2.We are not concerned for Bishul Akum, for honey is normally eaten raw!

3.We are not concerned lest it absorbed tastes from his Kelim. Any absorbed tastes would be detrimental to honey, so they do not forbid it.

(h)(Mishnah): A cluster of grapes is not considered a liquid for Hechsher, even if juice drips from it.

(i)Contradiction (Beraisa -Shamai): If one harvests grapes in order to make wine, the juice that drips from them is Machshir them;

1.Hillel says, it is not Machshir;

2.Hillel later agreed to Shamai.

(j)Answer: There, he wants the juice to exude from the grapes, therefore it is Machshir. Here (he wants to eat the grapes,) he does not want the juice to come out.

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