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)

(a)Our Mishnah forbids Chilak, which Rav Nachman bar Aba Amar Rav equates with a Sultanis. Bearing in mind that Sultanis is a Kasher fish, on what grounds does the Tana forbid it?

(b)The Beraisa however, permits Sultanis and Afitz. What reason does the Tana give to explain why we might otherwise have thought that they are forbidden?

(c)What does the Beraisa say about Akunas, Afunas ... and Atunas? What do they have in common?

1)

(a)Our Mishnah forbids Chilak, which Rav Nachman bar Aba Amar Rav equates with a Sultanis. Despite the fact that Sultanis is a Kasher fish, the Tana forbids it - because when they catch it, non-Kasher fish come up together with it.

(b)The Beraisa however, permits Sultanis and Afitz - even though they both grow scales only after they have been taken out of the water.

(c)The Beraisa permits Akunas, Afunas ... and Atunas - which are all born with scales, but shed them after they have been removed from the water.

2)

(a)Rebbi Avahu announced in Caesaria that the fat of fish and their eggs purchased from Nochrim were permitted. Why was that?

(b)Abaye said the same about the Chilak of the River Bav. On what grounds do we reject the suggestion that this was because Tamei fish, which have no ...

1. ... backbone, cannot exist in such torrential rivers?

2. ... scales, cannot exist in such salty water?

(c)So what *was* the basis of Abaye's statement?

(d)According to Ravina, this concession was later revoked. Why was that?

2)

(a)Rebbi Avahu announced in Caesaria that the fat of fish and their eggs purchased from Nochrim were permitted - because all the fish sold in that area were imported from Palusa and Aspamya, where there no species of non-Kasher fish.

(b)Abaye said the same about the Chilak of the River Bav. We reject the suggestion that this was because Tamei fish, which have no ...

1. ... backbone, cannot exist in such torrential rivers - on the grounds that we know for a fact that they can, and the same goes for the suggestion that they have no ...

2. ... scales, and are therefore unable to exist in such salty water.

(c)Abaye's statement was based on the fact - that the River Bav was known to breed only Kasher species of fish.

(d)According to Ravina, this concession was later revoked - when they diverted the Rivers Guza and Gamda into it.

3)

(a)What Si'man does ...

1. ... Abaye give by which to remember that the sea-donkey is Kasher, whereas the sea-ox is not?

2. ... Rav Ashi give by which to remember that the Sh'far-fish is Kasher, whereas the Kodesh-fish is not?

(b)And how will we remember that the Kever-fish is not Kasher?

(c)How did ...

1. ... Rebbi Akiva discover that the fish they brought him in Ginzak was Kasher (even though it resembled a non-Kasher species of fish and its scales were not discernible either)?

2. ... Rav Ashi discover that the eel-like fish that they brought him in Tamdurya were Kasher?

3)

(a)The Si'man given by ...

1. ... Abaye by which to remember that the sea-donkey is Kasher, whereas the sea-ox is not is - 'Tamei Tahor, Tahor Tamei' (meaning that the species that is Tahor on land is Tamei in the sea, and vice-versa).

2. ... Rav Ashi by which to remember that the Sh'far-fish is Kasher, whereas the Kodesh-fish is not is 'Kodesh la'Hashem' (since Kodshim are generally forbidden).

(b)And we will remember that the Kever-fish is not Kasher - by associating them with 'Kivrei Akum' (see also Tosfos DH 'H.G Rashi').

(c)To discover that ...

1. ... the fish they brought him in Ginzak was Kasher (even though it resembled a non-Kasher species of fish and its scales were not discernible either) Rebbi Akiva - placed it in a basket, where it shed its almost invisible scales as it wriggled around.

2. ... that the black eel-like fish that they brought him in Tamdurya were Kasher - Rav Ashi covered it on both sides with white glazed bowls, through which its minute black scales became visible.

4)

(a)When Rabah bar bar Chanah arrived in Akra de'Agma they brought him Chilak. Why did he desist from eating it when he heard someone refer to it as 'Bati'.

(b)What did he discover the next morning?

(c)Which Pasuk in Mishlei did he apply to himself?

4)

(a)When Rabah bar bar Chanah arrived in Akra de'Agma they brought him Chilak. He desisted from eating it when he heard someone refer to it as 'Bati' - because 'Bati' is the name of a non-Kasher fish.

(b)The next morning he discovered - that there were indeed Tamei fish mixed in together with the Chilak.

(c)He applied to himself the Pasuk in Mishlei - "Lo Ye'uneh la'Tzadik Kol Aven" ('No sin will occur to a Tzadik').

5)

(a)Our Mishnah forbids a grain of Chiltis of Nochrim because it was cut with a non-Kasher knife. Bearing in mind that we assume Nochri vessels not to have been used within twenty-four hours, why do we not permit it, based on the principle 'Nosen Ta'am li'Fegam Mutar'?

(b)After Rebbi Levi's death, they asked Rebbi Yochanan whether they were permitted to continue purchasing grains of Chiltis from his Eved, as they had done during his life-time. What did he reply?

(c)Rav Huna bar Minyumi purchased Techeiles (for Tzitzis) from the wife of Rav Amram Chasida. What problem did he have with that which prompted him to ask Rav Yosef a She'eilah?

(d)Rav Yosef did not know the answer, neither did Rav Masna, when the question was put to him on a different occasion. What did Rav Yehudah from Hagrunya quoting Shmuel say about it?

5)

(a)Our Mishnah forbids a grain of Chiltis of Nochrim because presumably, it was cut with a non-Kasher knife. In spite of the assumption that Nochri vessels have not been used within twenty-four hours, we cannot permit it based on the principle 'Nosen Ta'am li'Fegam Mutar' - because the sharpness of the Chiltis transforms the bad taste into a sweet one.

(b)After Rebbi Levi's death, they asked Rebbi Yochanan whether they were permitted to continue purchasing grains of Chiltis from his Eved, as they had done during his life-time, to which he replied - that the Eved of a Chaver is considered like a Chaver (even after the Chaver's death).

(c)Rav Huna bar Minyumi purchased Techeiles (for Tzitzis) from the wife of Rav Amram Chasida. Based on the fact that Techeiles was very expensive, and some people tended to sell a substitute (Kala Ilan) in order to increase their profits, he asked Rav Yosef - whether he could rely on a woman to sell the real article.

(d)Rav Yosef did not know the answer, neither did Rav Masna, when the question was put to him on another occasion. Rav Yehudah from Hagrunya however, quoting Shmuel ruled - that both the wife and the Eved of a Chaver is considered a Chaver.

6)

(a)We corroborate these rulings with a Beraisa. What does the Tana rule regarding ...

1. ... the wife, children and members of the household of a Chaver after his death?

2. ... a Chatzer where T'cheiles is sold?

(b)What does another Beraisa say about the wife or the daughter of an Am ha'Aretz who marries a Chaver, or if his Eved is sold to a Chaver?

(c)This is not necessary however, in the reverse case, where the wife or the daughter of a Chaver marries an Am ha'Aretz or if his Eved who is sold to one, according to Rebbi Meir, and they are believed anyway. What does Rebbi Yehudah say?

(d)Rebbi Shimon ben Elazar concurs with Rebbi Yehudah. What story does he relate about the Eishes Chaver who used to tie her husband's Tefilin on his arm? What happened afterwards?

6)

(a)We corroborate these rulings with a Beraisa. Regarding ...

1. ... the wife, children and members of the household of a Chaver after his death - the Tana rules ' ... Harei hein be'Chezkasan ad she'Yechashdu' (they retain their Chezkas Kashrus until we have reason to suspect them).

2. ... a Chatzer where T'cheiles is sold, he rules - likewise.

(b)Another Beraisa states - that the wife or the daughter of an Am ha'Aretz who marries a Chaver, or if his Eved is sold to a Chaver - must accept 'Chavrus' in order to be believed. This includes an undertaking to eat their food be'Taharah and to Ma'aser all their fruit.

(c)This is not necessary however, in the reverse case, where the wife or the daughter of a Chaver marries an Am ha'Aretz or if his Eved is sold to one, according to Rebbi Meir, and they are believed anyway. According to Rebbi Yehudah however, they too, must accept Chavrus before they can be believed.

(d)Rebbi Shimon ben Elazar concurs with Rebbi Yehudah, and he relates the story about the Eishes Chaver who used to tie her husband's Tefilin on his arm - until he died and she married a tax-collector (who, like most tax-collectors of that time, was a thief), and ended up tying tax-exemption discs on to his arm.

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

7)

(a)Rav lists four things that require two seals (when sending them through a Nochri Shali'ach), and four things that require only one. 'Chavis' requires two seals. If the 'Ches' and the 'Beis' of 'Chavis' stand for Chalav and Basar, what do the 'Yud' and the 'Tav' stand for?

(b)Meat and Techeiles each require two seals due to their value, and milk will be discussed later. What is the reason for wine?

(c)'Champag' require only one seal. If the 'Ches' stands for 'Chiltis' and the 'Mem' for Muryas, what do the 'Pey' and the 'Gimel' stand for?

7)

(a)Rav lists four things that require two seals (when sending them through a Nochri Sheli'ach), and four things that require only one. 'Chavis' requires two seals. The 'Ches' and the 'Beis' of 'Chavis' stand for Chalav and Basar - the 'Yud' for Yayin and the 'Tav' for Techeiles.

(b)Meat and Techeiles each require two seals due to their value, and milk will be discussed later. The reason for wine is - because the Nochrim are eager to pour it out for Avodah-Zarah.

(c)'Champag' require only one seal. The 'Ches' stands for Chiltis and the 'Mem' for Muryas - the 'Pey' for Pas and the 'Gimel' for Gevinah.

8)

(a)Why does Rav Kahana take out milk from Rav's second list and replace it with (a piece of) fish (which has no specific shape)?

(b)Having already listed meat, why does he then need to add fish?

(c)Shmuel lists only three items in each group. Which item does he omit from the first list?

(d)He omits bread from the second list. Why is that?

8)

(a)Rav Kahana takes out milk from Rav's second list and replaces it with (a piece of) fish (which has no specific shape) - because if cheese only requires one seal (because there is insufficient reason for the Nochri to exert himself to break it, reseal and forge it afterwards), why would we even think that milk would require two?

(b)Having already listed meat, he nevertheless adds fish - because 'there are two kinds of meat' (i.e. meat and fish are two independent sprcies).

(c)Shmuel lists only three items in each group. He omits milk from the first list ...

(d)... and bread from the second - because it is obvious (since, on the one hand, if he exchanged fresh bread for stale bread, or wheat bread for barley bread, it would be easily noticed, and on the other, to simply exchange one loaf for another slightly superior one, would not be worth the trouble.

9)

(a)The Beraisa forbids the purchase of 'Yemach Mecheg' in Syria (from Jewish stores) unless one buys them from a 'Mumcheh' (someone who has a Chezkas Kashrus). One 'Mem' stands for Muryas. What does the other stand for?

(b)What is the reason for this Chumra?

(c)Why does the prohibition fall away if one eats as a guest of the storekeeper?

(d)This latter ruling supports a statement by Rebbi Yehoshua ben Levi. What does Rebbi Yehoshua ben Levi say about a Balabos who sends someone a portion of food?

9)

(a)The Beraisa forbids the purchase of 'Yemach Mecheg' in Syria (from Jewish stores) unless one buys from a 'Mumcheh' (someone whose standard of Kashrus is exemplary). One 'Mem' stands for Muryas, the other - for Melach Salkundis (or Salkundris, as we now call it).

(b)The reason for this Chumra is - because the Syrian Jewish merchants were suspected of purchasing these objects from Nochrim.

(c)The prohibition falls away if one eats as a guest of the storekeeper - since although they were not particular about the La'av of "Lifnei Iver" (causing others to sin), they were particular with regard to their own standards of Kashrus (like the Kutim).

(d)This latter ruling supports a statement by Rebbi Yehoshua ben Levi - who permits eating a portion of food that one is sent by a Balabos (because he presumably sends from the same stock as what he himself eats).

10)

(a)Why does Melach Salkundris bear this title? What does 'Salkundris' mean?

(b)What does this have to do with the prohibition of eating the Melach Salkundris of Nochrim?

(c)According to Rebbi Meir, the black kind of Melach Salkundris is forbidden, the white kind is permitted. Rebbi Yehudah says the opposite. What does Rebbi Chanina ben Gamliel say?

(d)How does Rabah bar bar Chanah explain this triple Machlokes?

10)

(a)Melach Salkundris bears this title - because 'Salkundris' means a baker, and all the bakers of Rome used to eat it ...

(b)... broken up into large pieces mixed with fish-juice, which is why the Chachamim forbade it.

(c)According to Rebbi Meir, it is the black kind of Melach Salkundris which is forbidden, and the white kind which is permitted. Rebbi Yehudah says the opposite - whilst Rebbi Chanina ben Gamliel forbids both.

(d)Rabah bar bar Chanah ascribes this triple Machlokes to - whether it was customary to mix black fish-juice into black Melach Salkundris, white fish-juice into white Melach Salkundris, or both.

11)

(a)What did one old man do with all Melach Salkundris that would render it Asur, according to Rebbi Avahu quoting Rebbi Chanina ben Gamliel?

(b)The Mishnah concludes 'Harei Eilu Asurin, ve'Ein Isuran Isur Hana'ah'. What do we mean when we explain that according to Chizkiyah, this comes to preclude a case of 'Yadu'a'?

(c)According to Rebbi Yochanan (who argues with Chizkiyah in this point), it comes to preclude Muryas and cheese from Beis Unaiki. Who is then the author of the Mishnah?

11)

(a)According to Rebbi Avahu quoting Rebbi Chanina ben Gamliel, one old man - used to smear all Salkundris salt with pig fat, rendering it Asur.

(b)The Mishnah concludes 'Harei Eilu Asurin, ve'Ein Isuran Isur Hana'ah'. When we explain that according to Chizkiyah, this comes to preclude a case of 'Yadu'a' - we are referring to cooked foods which are known to contain vinegar or wine, and which Chizkiyah forbids even be'Hana'ah (as we learned earlier).

(c)According to Rebbi Yochanan (who argues with Chizkiyah in this point), it comes to preclude Muryas and cheese from Beis Unaiki - a S'tam Mishnah like Rebbi Meir, who forbids them even be'Hana'ah.

12)

(a)What does our Mishnah say about milk that was milked by a Nochri but supervised by a Yisrael, honey and a bunch of grapes? What common Halachah do they all share?

(b)What if juice is dripping from the grapes?

(c)The list continues with cooked dishes of vegetables into which one does not tend to add wine or vinegar, T'ris that has not been mashed, fish-juice (with Kilchis floating inside it), a whole leaf of Chiltis and 'Zeisei G'luska'os ha'Megulgalin'. What exactly is the last item?

(d)Finally, the Tana forbids locusts that are sold from a basket, but permits those that are taken from the storehouse. Why is that?

12)

(a)Our Mishnah - permits partaking of milk that was milked by a Nochri but supervised by a Yisrael, honey and a bunch of grapes ...

(b)... even if juice is dripping from the grapes (because it is not considered a liquid [e.g. as regards Machshir Le'kabel Tum'ah, as we shall see in the Sugya]).

(c)The list continues with cooked dishes of vegetables into which one does not tend to add wine or vinegar, T'ris that has not been mashed, fish-juice (with Kilchis floating inside it), a whole leaf of Chiltis and 'Zeisei G'luska'os ha'Megulgali' - (olives that have been placed in a large round container for oil making, where they become hot and pressed into cakes).

(d)Finally, the Tana forbids locusts that are sold from a basket, but permits those that are taken from the storehouse - because the salesmen tend to sprinkle wine on the former (shortly before selling them), but not on the latter.

13)

(a)We learned in a Beraisa that as long as a Yisrael is sitting beside the Nochri's herd, he may drink the milk that the Nochri brings him. Why can the Beraisa not be speaking where there are no non-Kasher species of animals in the Nochri's herd?

(b)If on the other hand, there are, why is the milk permitted? Why are we not afraid that the Nochri will bring him milk from the non-Kasher species (seeing as he is seated and cannot see what the Nochri does anyway)?

(c)What is the significance of the fact that the Yisrael is 'sitting' and not standing?

(d)The honey of Nochrim is permitted for three reasons; one, because adding non-Kasher meat will cause it to go off. What are the other two reasons?

13)

(a)We learned in a Beraisa that as long as a Yisrael is sitting beside the Nochri's herd he may drink the milk that the Nochri brings him. This cannot be speaking where there are no non-Kasher species of animals in the herd - because then the milk would be permitted even without the Yisrael sitting there.

(b)On the other hand, even if there are, the milk is permitted (and we are not afraid that the Nochri will bring him milk from the non-Kasher species) - because he is afraid that the Yisrael will spot him in the process.

(c)The significance of the fact that the Yisrael is 'sitting' and not standing is - that, even though he cannot see the Nochri from that position, it is nevertheless permitted, because the Nochri is afraid that the Yisrael will stand up and see him at any given moment.

(d)The honey of Nochrim is permitted, because 1. adding non-Kasher meat will cause it to go off - 2. it can be eaten as it is (so even if it has been cooked it will be permitted), and 3. Any food that is mixed with it is 'Nosen Ta'am li'Fegam' (as we learned with regard to oil), so even if it was cooked in a T'reifah pot, it is permitted.

14)

(a)What does Shamai say in a Beraisa about grapes that are picked for wine making?

(b)What does Hillel say?

(c)How do we now reconcile this with our Mishnah, which does not consider the juice that drips from the grapes a liquid in this regard?

14)

(a)Shamai rules in a Beraisa that grapes that are picked for wine making - are considered a liquid (and are therefore 'Machshir [food] Lekabel Tum'ah').

(b)Hillel initially disagreed - but later concedes to Beis Shamai.

(c)We reconcile this with our Mishnah, which does not consider the juice that drips from the grapes a liquid in this regard - by pointing out that (as opposed to the case of the Beraisa), the juice goes to waste.

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