1)

(a)In a case where a Nochri locked the door of a room that contained wine-barrels belonging to a Yisrael - they discovered a Nochri wandering among the wine-barrels.

(b)Based on the fact that there was a crack in the door - Rava permitted the barrels that could be seen through the crack (which the Nochri would have been afraid to touch for fear that the Yisrael would see him through the crack), but forbade the barrels that were not visible via the crack.

(c)In a case where a barrel of wine belonging to the Yisrael on the upper floor was stored in the room of a Nochri who lived on the lower floor - they all left the house when they heard the sound of people quarreling.

(d)Rava permitted the wine, after the Nochri re-entered his apartment and locked the door - because, the Nochri would be afraid to touch the wine, for fear that the Yisrael had entered his apartment, too, and would see him touching it.

2)

(a)In a case where they found a Nochri wandering around the barrels of wine belonging to a Yisrael which were stored ...

1. ... in an inn belonging to a Nochri - Rava permitted the wine only if he was a nonentity who would be afraid of the judges of the town, but if he was an important dignitary, then it would be forbidden (as we explained at the end of fourth Perek).

2. ... in the owner's house - Rava permitted the wine only if the Nochri did not have any excuse for being in the inn (because he would then be afraid to touch it), but not if he did, in which case he would rely on his excuse to touch the wine.

(b)This is worse than a similar case (which we will learn later) where the Yisrael left the Nochri in his wine store and which is permitted - because there the owner was aware of his presence, and the Nochri would therefore be afraid to be caught touching the wine.

(c)The Beraisa rules in a case where the inn was shut (leaving the Nochri inside) or where the owner of a barrel of wine asked the Nochri to look after his wine from outside that - the wine is forbidden (in the latter case, because he thinks that the owner is going away).

(d)We reconcile Rava's latest ruling with the Beraisa - by establishing the latter where the Nochri had an excuse to be inside the inn.

3)

(a)The Yisrael who was sitting and drinking wine together with a Nochri left the room - because he heard a Minyan begin Davening 'Minchah' next door.

(b)Rava permitted the wine - because the Nochri would be afraid to touch it, in case the Yisrael would suddenly remember his wine and return.

(c)In all the current cases, when Rava declares the wine ...

1. ... Mutar, he means that - one may even drink it (seeing as the Nochri did not touch it).

2. ... Asur, he means that - it is even Asur be'Hana'ah.

4)

(a)When a Yisrael was drinking wine together with a Nochri in a boat one Friday afternoon, he got up and left - when he heard the Shofar being blown (to herald the approach of Shabbos).

(b)Rava permitted the wine - because the Nochri would have been afraid to touch it, in case the Yisrael returned for his wine.

(c)Isur Giyora (the Ger) testified - that, when he was a Nochri, he and his friends believed that the Jews do not keep Shabbos (from the fact that there were never any lost articles in the streets on Shabbos (an indication that the Jews had picked them all up and carried them home).

(d)And this explains why - Rava did not forbid the wine because the Nochri knew that the Yisrael could not return to pick up his wine, since on Shabbos, it was forbidden to carry it.

(e)The Nochrim's mistake lay in the ruling of Rebbi Yitzchak (of which they were unaware) - permitting someone who finds a purse containing money on Shabbos, to carry it home, provided he carries it less than four Amos at a time.

5)

(a)A certain Nochri hid behind the wine-barrels in the wine-press - when he heard a lion roaring in the vicinity.

(b)Rava nevertheless permitted the barrels - because the Nochri would figure that if he hid behind one barrel, some Jews may have hidden behind barrels that were behind his, and would spot him if he touched the wine.

(c)When thieves arrived in Pumbedisa and opened many barrels of wine, Rava permitted the wine - since most thieves in Pumbedisa were Yisre'elim.

6)

(a)We try to equate Shmuel who, long before Rava, issued the same (latter) ruling when this happened in Neherda'a (even though most of the thieves there were not Jews, unlike Pumbedisa), with Rebbi Eliezer in the Mishnah in Taharos, where a man is not sure whether he touched Tum'ah that was known to be in a certain field' in a Bik'ah - a series of fields.

(b)The man's Safek was - whether he entered the field that contained the Tum'ah or not.

(c)Rebbi Eliezer declared the man Tahor - because it is a case of Safek Bi'ah (whether he even entered the field). In a case of Vaday Bi'ah, but Safek Tum'ah, he would have declared him Tamei.

(d)His ruling was confined to winter - when, due to the fact that the fields have already been seeded, and people avoid walking in them, a Bik'ah has the Din of a R'shus ha'Yachid, whose Safek is Asur. In the summer (when people walk there) - the Bik'ah would have the Din of a R'shus ha'Rabim - he would have permitted even Vaday Bi'ah and Safek Tum'ah.

(e)We refute the suggestion that Shmuel's ruling follows the opinion of Rebbi Eliezer - because in his (Shmuel's) case, there is the additional Safek that maybe the Nochri opened the barrels for their monetary gain (and not with the intention of being Menasech). Consequently, this is a case of 'S'fek S'feika', and even the Rabbanan will agree that the wine is permitted.

7)

(a)In the case where a little Nochri girl was found among the barrels with foam in her hand. Rava permitted the wine - because he assumed that she obtained the foam from the back of the barrel (and not from the inside [bearing in mind that such a young girl probably didn't know much about Nisuch anyway]).

(b)Nor would it have made any difference - had there not been a trace of foam on the barrel.

(c)Had the girl been a few years older (who would have therefore been more conversant with the concept of Nisuch) - he would not have issued such a lenient ruling..

8)

(a)When a royal army entered Neherda'a and opened many barrels of wine, Rav Dimi cited Rebbi Elazar as having ruled in a similar case in Eretz Yisrael that - the wine was permitted.

(b)He was not sure however, whether Rebbi Elazar's ruling was based on the opinion of Rebbi Eliezer (see Hagahos ha'Bach) who permits Safek Bi'ah (as we learned on the previous Amud) or - because the majority of soldiers who came with the army (in Rebbi Elazar's town) happened to be Jewish.

(c)The problem with Rav Dimi's referring to the case as 'Safek Bi'ah' is that - seeing as they opened the barrels, it is surely a question of Safek Maga, and not Safek Bi'ah?

(d)We answer that - the excessive number of barrels (far more than they needed for their personal use) proves that they opened them to sell their contents (and not to drink and to be Menasech), causing Rebbi Elazar to treat the case with the same leniency as Safek Bi'ah according to Rebbi Eliezar.

9)

(a)In a case where a woman wine-seller handed the keys to a Nochris, Rebbi Yitzchak Amar Rebbi Elazar cited a ruling permitting the wine - because she only gave her the key to look after (and not to help herself to the wine). Consequently, she would have been afraid to take the liberty of using the keys to gain entry, for fear of being caught in the act.

(b)Abaye supported this ruling with a Beraisa which rules that if someone hands the keys of his Taharos to an Am-ha'Aretz - they remain Tahor.

(c)Abaye learned the Din of Yayin Nesech from this Beraisa - from a 'Kal va'Chomer' (as we will now see).

10)

(a)According to Rav, if a Chaver (who is particular about Tum'ah) puts up a low wall between himself and an Am-ha'Aretz, his Taharos are Tamei - whereas in the event that his neighbor is a Nochri - his wine will not be Yayin Nesech.

(b)Rebbi Yochanan maintains - that the Chaver's Taharos remain Tahor as well.

(c)We learn from Rav - that Yayin Nesech is more lenient than Taharos, corroborating Abaye's 'Kal va'Chomer'.

11)

(a)The Beraisa rules in a case where a Chaver lives in the inside Chatzer and an Am-ha'Aretz in the outside one - that the Chaver may spread out his fruit and place his vessels in his Chatzer (and not worry about them becoming Tamei).

(b)Despite the fact that the Tana is speaking where the Am-ha'aretz is able to reach inside the Chaver's Chatzer, Rav reconciles his opinion with the Beraisa - because whereas there the Am-ha'Aretz is afraid of being caught in the act, he is not afraid of that in his case, where they divided a small Chatzer, which is basically considered like one Chatzer.

(c)In another Beraisa, Rabban Shimon ben Gamliel permits the Chaver, whose roof is higher than his Am-ha'Aretz neighbor's, to spread out his fruit and to place his vessels on his roof without worrying about Tum'ah - provided the Nochri cannot reach across to his roof.

12)

(a)To reconcile the current Beraisa with his opinion, Rebbi Yochanan explains it, according to those whose text reads 'Meimar Amar ...

1. ... 'Imtzuri ka'Memtzera', to mean that - there the Nochri has an excuse to touch the wine, in that he can claim to have been stretching out his hand, because he was measuring the wall of his Chatzer where he intends to put up a building.

2. ... 'Imtzudi ka'Memtzadna' to mean that - he was just stretching.

(b)And Rav will reconcile his opinion with a similar S'tam Beraisa which permits it even if the Am ha'Aretz is able to reach across to the Chaver's roof - by citing the previous Beraisa of Rabban Shimon ben Gamliel, to whose strict opinion he conforms.

13)

(a)Our Mishnah discusses a Boleshes - an army, that comes into town ...

(b)... so called (from the word Bolesh, which means to search) - because enemy soldiers tend to search and dig.

(c)In a case where the Boleshes enters in time of peace - the Tana forbids open barrels of wine, but permits sealed ones.

(d)If however, the Boleshes enters in time of war - he permits even the open barrels ...

(e)... because the soldiers do not have time to be Menasech ("Ein P'nai Lenasech').

14)

(a)In connection with a besieging army that breaches the walls and enters the city - the Beraisa forbids all the Kohanos in the city to remain with their husbands ...

(b)... because the Torah forbids the wife of a Kohen to her husband even if she is raped.

(c)We reconcile this with the Seifa of our Mishnah which permits the wine in time of war due to the principle 'Ein P'nai Lenasech' - by drawing a distinction between Nisuch and Bi'ah ('Lenasech Ein P'nai, Live'ol Yesh P'nai').