1)

SWEET WINE LEFT UNCOVERED (Yerushalmi Terumos Perek 8 Halachah 3 Daf 42a)

ø' éðàé á''ø éùîòàì àéáàù ñì÷éï ìâáéä ø' æòéøà åø' äåùòéä åø' áåï áø ëäðà åø' çððéà çáøéäåï ãøáðï îá÷øúéä çîåï ìøáé éäåùò áø æéãì éúéá àîøéï äà îøà ùîåòúà åäà îøà òåáãà àúåï åùàìåï ìéä

(a)

R. Yannai son of R. Yishmael became sick and R. Zeira, R. Hoshiya, R. Bun bar Kahana and R. Chananya and all of their group of Chachamim came to visit him. They saw R. Yehoshua bar Zidal there, sitting in front of R. Yannai. The Rabbis said, "This is R. Yannai, son of R. Yishmael who related the teaching (in the name of R. Shimon ben Lakish). And this is R. Yehoshua bar Zidal, who posed them the question''.

àîø ìåï øáé éðàé áé øáé éùîòàì ëï àîø ø''ù áï ì÷éù îúå÷ àéï áå ìà îùåí âéìåé åìà îùåí ééï ðñê

1.

(R. Yannai b'R. Yishmael to them): R. Shimon ben Lakish says that sweet wine has no prohibition if left unattended; nor does it become prohibited as Yayin Nesech.

à''ì ø''æ ããéìîà îä àéìéï ãøéù ì÷éù ãäëéï äëéï

2.

(R. Zeira): Perhaps R. Shimon ben Lakish was merely suggesting it as a possibility but did not actually make a ruling?

à''ì ìà ìòåáãà åñîëåï òìåé

3.

(R. Yannai): No, he ruled that way and we rely on this.

ëã ðçúåï ÷í ø' àéìà òí ø' áåï áø ëäðà à''ì àéìåìé ãàúåï îøçîéï ùîåòúà åìà îúðéúà äéà

(b)

After they left the house, R. Ila met R. Bun bar Kahana and said to him, "If you wouldn't like relating teachings of the Amoraim, couldn't the question be answered from a Baraisa...

ãúðé ø' çééà ééï îáåùì ùì âåéí ìîä àñåø îôðé ùäéä îúçéìúå ééï çåîõ ùì âåéí îôðé îä äåà àñåø îôðé ùäéä úçéìúå ééï

1.

(Baraisa of R. Chiya): Why is cooked wine of gentiles prohibited? As it began as wine. (But if it came into his possession already cooked, it would not be prohibited.) Why is vinegar of gentiles prohibited? As it began as wine.

àîø øáé éåñé îúðéúà àîøä ëï äééï åäçåîõ ùì âåéí ùäéä îúçéìúå ééï

(c)

(R. Yosi): One could also understand it from a Mishnah (in Maseches Avodah Zarah 2:3), "Wine and vinegar of gentiles that began as wine...'' (- but if it came into his possession already cooked, it would not be prohibited.)

[ãó òä òîåã à (òåæ åäãø)] ø' àéîé äåä ìéä àåøçéï àîø ìåï àéìåìé ãàéúâìé çîøà îáùìà ãéãé äåéðä îù÷é ìëåï îéðéä

(d)

R. Imi was hosting guests. He told them, "If my cooked wine would not have been left uncovered, I would have given it to you to drink.''

à''ì øá áéáé àéúéà åàðà ùúéé

1.

(R. Bayvai to R. Imi): Bring it to me and I'll drink it.

àîø îàï ãáòé éîåú ééæåì åéîåú âå áééúéä

2.

(R. Imi): If a person wishes to die, let him die in his own house.

áø éåãðé àéâìé ÷åðãéèåï ãéãéä àúà ùàì ìøáðï àîøéï ìéä àñåø

(e)

Bar Yudni's Kunditun was left uncovered. He asked the Rabbanan and they told him that it is prohibited to drink.

åìà ëï à''ø éöç÷ áø ðçîï áùí øéá''ì äçã åäîø åäîúå÷ àéï áäï îùåí âéìåé

1.

Question: Didn't R. Yitzchak bar Nachman say in the name of R. Yehoshua ben Levi that wine that is sharp, bitter or sweet is not prohibited if left unattended?

øáðï ã÷éñøéï áùí øáé çééà áø èéèñ áääéà ãùçé÷ [ãó îá òîåã á] çã ìúìúà

2.

Answer (Rabbanan of Kisarin citing R. Chiya bar Titas): That permission applies when the Kunditun consists of 1/3rd herbs, 1/3rd honey and 1/3rd wine (which was not the case with Bar Yudni's Kunditun).

áòåï ÷åîé øáé àáäå ééï ùðúáùì ùðúâìä îäå

(f)

Question (asked to R. Abahu): What's the law of cooked wine that was left uncovered?

àîø ìåï ÷øéðä öøéëä ìø' éåçðï åàúåï ùàìåï ìé ìà ëì ùëï ééï îáåùì

(g)

Answer (R. Abahu): If R. Yochanan was unsure about sweet wine, certainly cooked wine, which began as regular wine, is prohibited if left uncovered.

òàì ùàì ìøáé éöç÷ à''ì àñåø

(h)

They went to ask R. Yitzchak who ruled that it is prohibited.

àéðäø ø' àáäå ãàîø øáé éåçðï àñåø

(i)

R. Abahu then remembered that R. Yochanan had prohibited it.

øáé éò÷á áø àçà ø' àéîé áùí øáé àìòæø àí äéä ðëðñ åéåöà îåúø

(j)

(R. Yaakov bar Acha/ R. Imi citing R. Elazar): If the person is coming and going from the house, it is permitted (as the snake will be afraid to drink from it).

áø ðèåæà àéúâìé ìéä âéâéúéä àúà ùàì ìøáé áà áø îîì à''ì àí äéä éåöà åðëðñ îåúø

(k)

Bar Netuza left his barrel uncovered. He asked R. Ba bar Mamal, who ruled that if he had been coming and going from the house, it is permitted.

ø' éò÷á áø àçà øáé àéîé áùí øáé ìòæø àí äéä éùï îåúø

(l)

(R. Yaakov bar Acha/ R. Imi citing R. Elazar): If he was sleeping near the wine, it is permitted.

øáé çððéà åøáé éäåùò áï ìåé çã àîø éùï îåúø åçøðà àîø éùï àñåø åìà éãòéï îàï àîø ãà åîàï àîø ãà

(m)

R. Chananya and R. Yehoshua ben Levi disagreed - One said that if he was sleeping, it is permitted and the other said that it is prohibited; and we didn't know who said what...

åîñúáøà ãàîø ø' çðéðà éùï îåúø ãáëì àúø ø''à ñîéê ìø' çððéà

(n)

It's logical to say that R. Chanina held that if he was sleeping, it's permitted; as in all places, R. Eliezer relies on the words of R. Chanina (and earlier, R. Eliezer permitted it).

åø' éåñé áï ùàåì îùúòé àäï òåáãà çã àéúúà äååú (øçîðà)[øçîä] îöååúà (ñâéà) [åáòìä ñðé îöååúà] çã æîï ñìé÷ âáä çã îéñëï éäáú ÷åîåé îéëåì ëé àëì àøâùú áòìä àéñì÷ éäáúéä âå òéìéúà éäáú ÷åîé áòìä ãééëéì àëì ðí åãîê ìéä àúéà çéååéà àëì îï îä ãäåä ÷åîéä åäåä îñúëì áéä îï ãàéúòø ÷í áòé îéëåì îï îä ãäåä ÷åîéä ùøé ääåà ãòéìéúà îéìåìé áéä äãà àîøä éùï )îåúø([àñéø]

(o)

(R. Yosi ben Shaul): There was once a wife that loved to do Mitzvos, but her husband hated to do them. Once, a poor man came to her and she gave him a meal. Whilst he was eating, she sensed that her husband was returning home. She sent him to hide in the attic. She fed her husband a meal and he fell asleep. Whilst he was sleeping, the poor man watched as a snake came and ate from the food. When the husband awoke, he wanted to continue his meal and the poor man called out from the attic that he shouldn't eat it as a snake ate from it. This shows that if a person slept, it is prohibited.

)áøéø)[ëøéê] äåä

(p)

Rebuttal: The husband was wrapped in his clothing, so the snake didn't notice him. (Note: This follows the text of the Gemara in Avoda Zara, as cited by HaRav C. Kanievski.)

åàéï àñåø îùåí éçåã

(q)

Question: Why didn't she become prohibited to her husband for being secluded with the poor man? (Note: See the explanation of HaRav C. Kanievski.)

[ãó òä òîåã á (òåæ åäãø)] îëéåï ãìà çùéã òì äãà ìà çùéã òì äãà ëé ðàôå åãí áéãéäí.

(r)

Answer: Since the poor man wasn't suspected of leaving the husband to die (as he saved his life), he also wasn't suspected of adultery. The pasuk states (Yechezkel 23:37), "For they have committed adultery, and blood is on their hands''. This shows the connection, that if one is not suspected of murder, they are not suspected of adultery.