Daniel Sheinfil asks:
Bkvod Harav
In the Mishna, Guzal Behemoth, why when the Mishna mentions the case of stolen wine, why doesn't it use the classic case of yayin nesech to illustrate the concept of Harris shelcha lifanecha?
Thank you.
Kol Tuv
Daniel
The Kollel replies:
The Tora says "V'Heishiv Es HaGezeila" and Chazal Darshan "K'Ein Shegazal" return an item that is essentially the same as what was stolen. Therefore there is a bigger chidush in spoiled wined than in Yayin Nesech. The Yayin Nesech is still proper tasty wine; true, it is forbidden to drink, but it is perfectly good wine. Spoiled wine, however, has become "something else". That the spoiled wine qualifies for return is quite a respectable Chidush.
Shimon Brodie