Avodah Zarah 56a (נו.) — the Talmud in English

And the beraita continues:

b.

And one may not harvest grapes together with a Jew who renders his produce impure

, because he causes produce that is designated for teruma to become impure, as explained.

And all the more so, one may not tread the grapes

with him, since treading them in an impure winepress renders them impure. It follows that he is not merely “causing” the transgression, but is actually “assisting” the transgressor.

c.

But one may harvest grapes together with a gentile in the winepress

, since the liquid is not yet wine to be called yayin nesech, and it is likewise not prohibited on account of “causing impurity,” because

it is permitted to cause impurity to

produce

that is non-sacred produce in Eretz Yisrael

, since a gentile is exempt from separating teruma from his produce, and his produce is not designated for teruma.

We learned in our Mishna:

And it does not become yayin nesech until it descends into the pit.

The Gemara cites a Mishna in tractate Maaserot, which states that even when the wine is in the pit, it is still not called wine until it “forms a crust.” This means that the grape seeds and skins, which are the parts of the grapes that were not properly filtered through the strainer [called a gargatoni] before entering the pit, float to the surface of the wine.

In other words, as long as the wine continues flowing into the pit, the grape remnants and the wine in the pit are mixed together because of the flow of the wine. Once the flow ceases, the grape remnants rise to the surface of the pit. [

It is permitted to eat produce of tevel casually as long as its processing has not been completed. Each type of fruit has its own completion of processing, according to its nature. The Mishna in tractate Maaserot discusses what constitutes the completion of the processing of wine.]

And we challenge this:

But wasn’t it taught in a beraita [

another version:

But didn’t we learn in the Mishna

]: When is the processing of wine considered complete with regard to the laws of tithes?

When the wine forms a crust

, after it has entered the pit.

And we answer:

Rava said: It is not difficult

; this is not a contradiction between Mishnayot, but a dispute between tannaim:

this

, the Mishna in tractate Maaserot, is the teaching of

Rabbi Akiva

, whereas

this

, our Mishna, is the teaching of

the Rabbis

.

As we learned in a beraita [

another version:

as we learned

]:

Wine

reaches the stage at which its processing is complete for tithing

when it descends into the pit

; these are the words of the Rabbis. But

Rabbi Akiva says: When it forms a crust.

Thus, Rabbi Akiva and the Rabbis indeed disagree on this matter.

They raised a dilemma

: The members of the academy were uncertain: This formation of a crust that Rabbi Akiva mentioned—

is it the formation of a crust in the pit

, as explained,

or is it the formation of a crust in the barrels

, after the wine is placed in barrels, when some grape remnants still remain in it and float on the surface of the barrel?

The Gemara is uncertain, since it is possible that Rabbi Akiva maintains that the wine is called wine only once this crust forms at the very late stage of the wine-production process.

And we resolve the dilemma:

Come and hear, as it was taught in a beraita [

another version:

as we learned

], we learned in the Mishna cited above, which is the Mishna of Rabbi Akiva:

Wine

reaches the stage at which its processing is complete

when it forms a crust.

And the Mishna continues:

Even after it has formed a crust

in the pit, and it is prohibited to drink casually from the wine in the pit until he rectifies its tithes, nevertheless it is permitted to drink casually from the wine that remains in the winepress. Therefore:

He may draw

, that is, draw wine

from the upper winepress and from the channel

, through which the wine descends into the pit,

and drink

it casually, because the processing of that wine has not yet been completed.

And from the fact that the Mishna is speaking of wine that formed a crust in the pit—

learn from this: We are speaking of the formation of a crust in the pit

, and this is the formation of a crust that Rabbi Akiva discussed. For if you say that it is the formation of a crust in the barrels, what relevance would that have to the winepress and the channel?

Learn from this

—the dilemma is resolved.

And we challenge this:

But he taught

, for

Rav Zevid, in the school of

the beraitot of

Rabbi Oshaya

taught: Wine reaches the completion of its processing when it descends into the pit and forms a crust

; this is the opinion of the Rabbis.

Rabbi Akiva says: From the time that he

raises

draws it out

, that is, raises the wine from the pit so that it will be placed

in barrels.

This beraita contradicts what was explained above, both according to the opinion of the Rabbis and according to the opinion of Rabbi Akiva. In the earlier beraita, we learned that the Rabbis hold that the wine becomes wine when it descends into the pit, whereas in Rabbi Oshaya’s beraita we learned that they hold that it is not called wine until it forms a crust in the pit.

Likewise, in the earlier beraita we learned that Rabbi Akiva holds that it becomes wine when it forms a crust in the pit, whereas in Rabbi Oshaya’s beraita we learned that it is not called wine until it is raised from the pit to be placed in barrels?

And we answer: This beraita of Rabbi Oshaya is more authoritative, and we will explain the earlier beraita in accordance with Rabbi Oshaya’s version:

Explain also

, explain

this earlier one

, this earlier beraita,

as follows

, in this wording:

Wine—

when it descends into the pit and forms a crust.

These are the words of the Rabbis. But

Rabbi Akiva says: When it is drawn out into barrels.

And the Gemara analyzes this:

But if so

,

our Mishna

, which is the first Mishna,

which teaches

that

it does not become yayin nesech until it descends into the pit

, even before it forms a crust in the pit—

Shall we say that it is a dispute between three tannaim?

Are there three opinions: The first is that of our Mishna, which holds with regard to yayin nesech [and presumably likewise with regard to tithes] that from the moment the wine descends into the pit it is called wine, before it forms a crust. The second is that of the Rabbis, who hold that it becomes wine when it forms a crust in the pit. And the third is that of Rabbi Akiva, who holds that it becomes wine when it is drawn out into barrels.

And we conclude:

No

; there is no need to say this. The tanna of our Mishna stated its ruling only with regard to yayin nesech, because

the halakha of yayin nesech is different

, since

the Rabbis were stringent in its regard

the Rabbis

, they imposed greater stringency in its law and said that even before it forms a crust in the pit it is called wine and becomes prohibited through contact with a gentile.

And with regard to tithes, he concedes that it does not become wine until it forms a crust, in accordance with the opinion of the Rabbis, or until it is drawn out into barrels, in accordance with the opinion of Rabbi Akiva.

Thus, there are not three opinions.