1)

(a)The Mishnah forbids a laborer to receive payment for working for a Nochri (See Tosfos Yom Tov) in Yayin Nesech - pouring from one vessel to another or transporting barrels containing Yayin Nesech.

(b)The prohibition - extends to S'tam Yeinam ...

(c)... in the form of a K'nas (See Tosfos Yom Tov).

2)

(a)The Tana permits getting paid - where the Nochri initially hired him to perform other jobs (such as transporting barrels that did not contain Yayin Nesech), and then asks him to transport one that does ...

(b)... provided he initially stipulated that he should transport each barrel for a P'rutah (See Tosfos Yom Tov DH 'S'charo Mutar'), but not if he hired him to transport a hundred barrels for a hundred P'rutos (one of which contained Yayin Nesech or S'tam Yeinam [See Tosfos Yom Tov, Ibid.]).

3)

(a)If the Nochri hires a donkey to transport Yayin Nesech - the owner may not accept payment for it.

(b)It will be permitted however - if he initially hired it to sit on it, and subsequently places his flask of wine on it.

(c)The Mishnah sees fit to mention the former case (which is otherwise obvious from the Reisha of the Mishnah) - on account of the latter one.

(d)The Chidush in the latter case is that - it is permitted, even though it is known at the outset that the Nochri is going to place his flask of wine on the donkey (in which case we might have thought that it is as if he rented it for that purpose [See Tosfos Yom Tov]).

4)

(a)If Yayin Nesech falls on a person's grapes - he should wash it off with cold water ...

(b)... unless the grapes are cracked (See Tosfos Yom Tov).

(c)However if the Yayin Nesech fell on his figs or dates (See Tosfos Yom Tov) - it depends whether it adds taste (in which case they are forbidden) or not (and they are permitted).

(d)When Baytus ben Zonin was once transporting a barrel of dried figs in a boat - a barrel of Yayin Nesech broke and fell on them.

(e)The Chachamim ruled there - that the figs were permitted.

5)

(a)The Tana presents the K'lal here that - whenever one benefits from the taste of the Isur, it is Asur, and whenever one doesn't, it is Mutar (See Tosfos Yom Tov) ...

(b)... such as where vinegar falls on a bean-stew (since the vinegar spoils the taste of the stew) ...

(c)... unless the beans are cold (as we shall see shortly).

6)

(a)The Bartenura discusses four categories of Nosein Ta'am. He places ...

1. ... wine in a dish of cooked meat or fish - under the category of 'gives a good taste from beginning to end'.

2. ... the fat of meat or fish in honey - 'spoils the food from beginning to end'.

(b)In the first case - it is Asur, in the second case, Mutar.

(c)And he describes ...

1. ... honey in wine - as 'spoils it initially but improves it later'.

2. ... fat of meat with butter and ...

3. ... food that is absorbed in a vessel after twenty-four hours - as 'improves it initially, but spoils it later' ...

(d)... all of which are Asur mi'Safek (See Tosfos Yom Tov DH 'K'gon Chometz ... ') ...

(e)... as are the beans into which vinegar falls, in the event that they are not hot.

7)

(a)The Tana now discusses a Nochri who is transporting jars of wine together with a Yisrael. When he says that if the jars are 'be'Chezkas Mishtamer', they are permitted, he means that - the Yisrael left the jars with the Nochri without informing the Nochri that he will be gone for a while (See Tos. Yom-Tov) ...

(b)This is - because the Nochri is afraid to touch the wine, in case the Yisrael returns and catches him in the act.

(c)For the jars to remain permitted, the Yisrael may go - up to the distance of a Mil.

(d)If he did inform him that he is leaving, assuming the jars are sealed, the Tana Kama permits the wine provided the time 'K'dei she'Yishtom ve'Yistom ve'Yigof' did not elapse - meaning the time it takes to pierce a hole in the barrel, stop it up and allow it to dry (See Tosfos Yom Tov DH 've'Im Hodi'a').

(e)The source in the Torah of the word "she'Yishtom" - is "Sh'sum ha'Ayin" (written in Parshas Balak in connection with Bil'am [See Rashi there]).

8)

(a)The three stages according to Rabban Shimon ben Gamliel are - the time it takes to remove the sealed lid (See Tosfos Yom Tov), manufacture another one and wait for it to dry.

(b)He disagrees with the Tana Kama - because he maintains, a hole that has been filled in is discernable.

(c)The Tana Kama holds - that it is not (See Tosfos Yom Tov).

9)

(a)The Machlokes between the Tana Kama and Rabban Shimon ben Gamliel is confined to a lid that is made of lime, but if it is made of clay - the Tana Kama will agree with Rabban Shimon ben Gamliel ...

(b)... since they concede that the filling in a hole made of clay is discernable.

(c)The Halachah is like Rabban Shimon ben Gamliel (See Tosfos Yom Tov).

10)

(a)The Mishnah now discusses a case where someone leaves wine with a Nochri in a wagon or in a boat whilst he goes 'be'Kapendarya' - a short cut into town.

(b)The Yisrael went to town to take a bath before rejoining the Nochri in the wagon via a gate on the other side of town.

(c)The wine is permitted - provided he did not inform the Nochri that he was leaving.

(d)If he does inform the Nochri that he is leaving, for the wine to be permitted, he is allowed to be away - the time it takes to make a hole in the lid of the barrel, fill it in and wait for it to dry.

(e)Rabban Shimon ben Gamliel says - the time it takes to remove the lid, manufacture another one and wait for it to dry (just as we learned in the previous Mishnah).

11)

(a)The third case in which the Tana Kama and Raban Shimon ben Gamliel argue is - where the Yisrael leaves the Nochri alone in the shop for a while.

(b)Having presented their Machlokes in ...

1. ... the first case (regarding transporting wine), the Tana sees fit to present it in the second (regarding the wagon or boat) - where the Nochri is able to move the wagon or the boat out of sight, in which case we might have thought that even Rabban Shimon ben Gamliel will concede to the Tana Kama.

2. ... the second case, the Tana sees fit to present it in the current case - where he is likely to lock the door and do what he wants.

(c)The Halachah in all three cases is - like Rabban Shamon ben Gamliel.

12)

(a)Now the Mishnah discusses a Nochri who is eating at the table of a Yisrael, where the Yisrael goes out in the middle of the meal, leaving two 'Leginos' - jars of wine, one on the table, and the other, on the Dulb'ki (or Dulp'ki [See Tosfos Yom Tov).

(b)A 'Dulb'ki' - is a waiter's table (where food and drinks are stacked before being brought to the table.

(c)There where he does not inform the Nochri that he is leaving, the former jar is forbidden. The latter one is permitted - because the guests do not generally help themselves from there.

(d)Even the jars in the Dulb'ki are forbidden however - in the event that the Yisrael tells him to help himself.

13)

(a)In the current case, the Mishnah also forbids all open barrels of wine in the room. He forbid closed ones (See Tosfos Yom Tov) too - if he was out of the room for the time it takes to remove the sealed lid of the jar, to manufacture a new one and to wait for it to dry ...

(b)... like Rabban Shimon ben Gamliel in the previous Mishnahs).

14)

(a)A 'Baleshes' is - a troop of soldiers passing through town.

(b)They are called by that name - because they inspect the houses (for loot) ...

(c)... and "u'Balash" is Targum of - "Vayechapeis" at the end of Vayigash.

15)

(a)If a Baleshes Goyim passes through the town, the Mishnah declares all open barrels of wine forbidden, and all closed ones permitted (See Tosfos Yom Tov).

(b)Even the former are permitted however - in time of war (See Tosfos Yom Tov) ...

(c)... because the soldiers do not have time to indulge in wine drinking.

16)

(a)If their Nochri employer sends them Yayin Nesech in lieu of their wages, the Mishnah permits Jewish workers to - ask for money instead ...

(b)... because, since the employer owes them money, they are not asking for payment of Yayin Nesech.

(c)It will be forbidden to do so however - if they put in their request after the Yayin Nesech enters their domain (See Tos. Yom-Yov).

17)

(a)Even though one acquires with Meshichah, one must first fix the price - because otherwise, the purchaser does not rely on the sale.

(b)A Nochri acquires an object - with Meshichah, just like a Yisrael.

(c)If a Yisrael who sells a Nochri wine fixes the price before pouring it out into his own vessels (See Tosfos Yom Tov), the Tana rules that - he is permitted to accept payment for the wine ...

(d)... because the Nochri acquires the wine immediately (for which he is obligated to pay), whereas it only becomes Yayin Nesech after he touches it.

(e)He forbids it however, if the Yisrael poured out the wine before fixing the price - because since the Nochri touched it before acquiring it, it is the Yisrael's wine that becomes Yayin Nesech, in which case he will be receiving money for his Yayin Nesech, which is forbidden.

18)

(a)The Mishnah now discusses a case where the Yisrael pours wine into the bottle of the Nochri via a Mashpech - a funnel, and then uses the same instrument to pour wine into the bottle of a second customer, who is a Yisrael, and whose wine becomes Asur be'Hana'ah (See Tosfos Yom Tov).

(b)The wine of the second customer is Asur - provided the funnel has a rim, which causes one or two drops (See Tosfos Yom Tov) to remain in the funnel.

(c)Those drops are Yayin Nesech by virtue of their having been connected to the wine in the Nochri's bottle, whyen he poured it into the funnel (See Tosfos Yom Tov).

19)

(a)In a case where the Yisrael is pouring wine from his jar into the jar of the Nochri, the Mishnah rules that - the wine in the latter is Asur be'Hana'ah, whereas the wine in the former is Mutar.

(b)The two possible cases to which the Tana might be referring are - either where the Nochri is holding the jar or where the jar contains Yayin Nesech (See Tosfos Yom Tov).

(c)The former ruling incorporates wine that has not yet reached the jar of the Nochri ...

(d)... due to the principle - 'Nitzuk ke'Chibur' (what is poured is considered jioned).

(e)The problem with the lenient ruling regarding the wine in the Yisrael's jar is - why it too, is not Asur for the same reason.

20)

(a)One answer is that the Tana is speaking where the Yisrael threw the wine from his jar into the jar of the Nochri, like we find by the Avodas ha'Kohanim in the Beis-ha'Mikdash - where they would sprinkle the blood of certain Korbanos by throwing it from the Mizrak directly on to the Mizbe'ach (as the name 'Mizrak' indicates)

(b)Alternatively, we answer the Kashya - by establishing the case where the Yisrael stopped pouring the wine before the wine reached the vessel of the Nochri.

21)

(a)The Tana declares that a Kol Shehu of ...

1. ... Yayin Nesech is Asur (See Tosfos Yom Tov DH 'Asur').

2. ... Yayin Nesech that falls into wine - renders the wine Asur (See Tosfos Yom Tov DH 'Yayin Nesech ... ').

3. ... Mayim be'Mayim (that was poured out to Avodah-Zarah) that falls into water - renders the water Asur, too.

(b)'Mayim be'Mayim' might also be referring to - water that was worshipped.

(c)He also rules that Yayin Nesech that falls into water, or vice versa - renders it Asur if it gives taste (See Tosfos Yom Tov DH 'Yayin be'Mayim ... ' & 'be'Nosein Ta'am').

22)

(a)The Din regarding Miyn ...

1. ... be'Miyno is Miyn be'Miyno be'Mashehu.

2. ... be'she'Eino Miyno - be'Nosein Ta'am ...

(b)... even if the Heter falls into the Isur.

(c)If the Yayin Nesech is being poured ...

1. ... from a jar with a narrow opening (See Tosfos Yom Tov DH ve'Oser be'Chol Shehu '), drop by drop, into a jar containing Kasher wine - then even if one spends all day pouring, we apply the principle 'Kama Kama Bateil' (each drop becomes Bateil as it falls into the Kasher wine). Whereas in the reverse case, whereas if ...

2. ... Kasher wine is being poured, drop by drop, into a jar of Yayim Nesech - each drop that falls into the Yayin Nesech becomes Asur (See Tosfos Yom Tov DH 've'Oser be'Chol Shehu' till question 22).

23)

(a)This principle is not Halachah however. With only two exceptions the Din is that 'Miyn be'Miyno (like Miyn be'She'Eino Miyno') be'Nosein Ta'am'. The two exceptions are - Yayin Nesech and Tevel.

(b)... where the Din is 'Miyn be'Miyno be'Mashehu' ...

(c)...

1. ... Yayin Nesech" - on account of the Chumra of Avodah-Zarah, and ...

2. ... Tevel - because just as even one grain of wheat (taken from it as Terumah) renders the crop permitted (min ha'Torah), so too does one grain of wheat (that falls into it) render it Asur.

24)

(a)One gauges 'Ta'am' (with regard to Miyn be'she'Eino Miyno) by ...

1. ... Terumah - by giving it to a Kohen to taste.

2. ... other Isurim - by giving it to a Nochri baker.

(b)Regarding the majority of Isurim, if ...

1. ... there is no Kohen or Nochri available to taste the mixture - one assesses as to whether the Heter is sixty times the Isur or not, and the same applies to ...

2. ... Miyn be'Miyno, where it is impossible to determine whether the Isur has given taste or not.

(c)The two sets of exception to this rule are Terumah, Chalah and Bikurim on the one hand and Orlah and K'lai ha'Kerem on the other. The Shi'ur Bitul regarding ...

1. ... Terumah, Chalah and Bikurim - is a hundred.

2. ... Orlah and K'lai ha'Kerem - two hundred.

25)

(a)The first three items on the Mishnah's list following Yayin Nesech (See Tosfos Yom Tov DH 'Yayin Nesech'), are Avodah-Zarah, 'Oros Levuvin' - where the Nochri makes an incision in the skin of an animal next to the heart when it is still alive, extracts the heart and sacrifices it to his god together with the skin) - and Shor ha'Niskal.

(b)The Tana rules that all the items on this list - are Asur and render Asur be'Hana'ah be'Chol Shehein (See Tosfos Yom Tov).

(c)Consequently, if one barrel of Yayin Nesech, one image of Avodah-Zarah or one Shor ha'Niskal become mixed up with a thousand of Heter - they are all Asur be'Hana'ah.

(d)This Halachah regarding the barrel of Yayin Nesech (for example) however is that - - one throws the value of the forbidden barrel into the Yam ha'Melach, and the barrel of wine is Mutar be'Hana'ah (though one may not drink it. [

26)

(a)The list continues with Eglah Arufah, the birds of a Metzora and the hair of a Nazir - which is thrown into the fire on which his Shelamim is burning (See Tosfos Yom Tov).

(b)And this is followed by a 'Petter Chamor' - a firstborn donkey, Basar be'Chalav and Sa'ir ha'Mishtale'ach (on Yom Kipur).

(c)The Peter Chamor is Asur be'Hana'ah - until it has been redeemed with a lamb.

27)

(a)'Basar be'Chalav' is - a piece of Basar be'Chalav that became mixed up with other pieces of meat (even one in a thousand).

(b)All of these Isurei Hana'ah do not become Bateil based on the additional principle - 'Davar she'Darko Limanos Eino Bateil' (Something that is counted is not subject to Bitul).

(c)The Tana concludes 'Harei Eilu Asurin ve'Osrin be'Hana'ah' to preclude two things from the list; Isurei Hana'ah that are not normally counted - and something that is normally counted but that is not Isurei Hana'ah (See also Tosfos Yom Tov DH 'Harei Eilu ... ' & 'Harei Eilu').

28)

(a)According to the Tana Kama, if Yayin Nesech falls into a wine-pit (See Tosfos Yom Tov), all the wine is Asur. Rabban Shimon ben Gamliel says that - one may sell it to a Nochri and deduct the value of the Yayin Nesech.

(b)The Tana Kama's ruling is based on the principle - 'Yayin Nesech Oser be'Miyno be'Chol Shehu'.

(c)His ruling however, is confined to real Yayin Nesech (See Tosfos Yom Tov DH 'Raban Shimon ben Gamliel ... '). By S'tam Yeinam (which we do not know whether the Nochri was Menasech or not) - he concedes to Rabban Shimon ben Gamliel in our Mishnah.

(d)The Halachah is - like the Tana Kama.

29)

(a)The Mishnah discusses a winepress that a Nochri tarred. The problem with that is that - the Nochri tends to add a little wine in the process (See Tosfos Yom Tov).

(b)If it is made of stone, then basically all the Tana requires the owner to do is to let it dry - and to then wash it with water and ashes.

(c)According to Rebbi, the same applies to a wooden winepress, whereas the Chachamim - require him to remove the pitch (See Tosfos Yom Tov).

(d)The Halachah is - like the Chachamim.

30)

(a)However, if the winepress is made of earthenware - then it remains Asur even after the pitch has been removed (See Tosfos Yom Tov DH 'Asurah') ...

1. ... according to the Chachanmim and ...

2. ... according to Rebbi ...

(b)... because the earthenware absorbs the wine in spite of the pitch (See Tosfos Yom Tov DH 've'shel Cheres ... ').

31)

(a)Now the Tana discusses utensils - that are used in connection with food (See Tosfos Yom Tov), that one acquires from a Nochri.

(b)The Tana is discussing - either metal utensils or even earthenware ones that are overlaid with lead (See Tosfos Yom Tov).

(c)Glass utensils - are equivalent to metal ones.

32)

(a)When the Tana says that whatever is generally ...

1. ... Toveled requires only Tevilah (See Tos. Yom-tov), he is referring to - utensils that are only used with cold food.

2. ... Kashered should be Kashered (Hag'alah) he is referring to - utensils that are only used with hot food (such as pots and pans.

(b)Hag'alah is performed - by placing the utensil in a caldron of boiling water (See Tosfos Yom Tov) and leaving it there for a very short period.

(c)What one must do ...

1. ... before Kashering them is - to remove all rust.

2. ... after Kashering them is - to Tovel them in a Mikvah (See Tosfos Yom Tov).

33)

(a)Utensils - that have been used directly in fire (without gravy) require Libun.

(b)Examples of this are ...

1. ... 'Sh'pudin' - spit-rods.

2. ... 'Askelos' - grills.

(c)Libun is performed - by placing the utensil in the fire (See Tosfos Yom Tov end of DH 'es she'Darko ... ') until sparks are flying of it.

(d)After the Libun - one Tovels it.

34)

(a)If one wants to use a knife with cold foods only (See Tosfos Yom Tov for comments on the current section), one needs only - to dig it into virgin soil ten times.

(b)This is permitted - provided there are no holes (or cracks) in the knife.

(c)If ...

1. ... one wants to eat hot foods with it - one must sharpen its blade.

2. ... it has holes (or cracks) in it - then it requires Libun.

(d)If one used any of the above utensils without having Kashered or even Toveled them - the food is permitted (See Tosfos Yom Tov's final comment).