Avodah Zarah 71a — the Talmud in English

It is explained in the Mishna that during wartime the gentiles entering the city have no time to pour libations over the wine.

Gemara:

The Gemara raises an objection:

But it was contradicted:

did we not learn in tractate Ketubot (27a),

“A city that a siege-force has captured

[an army that besieges the city in order to capture it],

we are concerned that perhaps the warriors violated the women of the city, and therefore

all the women of priestly lineage

who

were found

inside it are disqualified.

Since a priest’s wife becomes forbidden to her husband even if she was violated .”

In any event, it is explained that they have time to have intercourse,

and if so, why are we not concerned that perhaps they poured libations over the wine?

The Gemara answers:

Rav Mari said: For pouring libations,

since their inclination does not overpower them so greatly,

there is no time.

But

for having intercourse,

since their inclination overpowers them greatly,

there is time.

Mishna:

Introduction:

It has already been explained at the beginning of the chapter that wine used for idolatrous libation seizes its monetary substitute. That is, wages for labor paid with wine used for idolatrous libation, or the money of wine used for idolatrous libation, are forbidden for benefit like the wine used for idolatrous libation itself. Our Mishna discusses in which cases it is permitted to benefit from the money of wine used for idolatrous libation.

Jewish craftsmen

[Jewish artisans]

, who

performed work for a gentile, and

the gentile sent them

a

barrel of wine used for idolatrous libation

as their wages,

it is permitted

for them

to say

to the gentile, “We do not want a barrel of wine,”

give us its value.

And this money is not considered the money of wine used for idolatrous libation. Since they have not yet received the wine from him, and the gentile owes them money, rather than wine, in payment for their work, it follows that the money is the money of their labor and not the money of the wine.

But,

once it entered

the barrel

into their possession,

it is forbidden

for them to say to the gentile, “Take the barrel and give us its value,” since they have already acquired it. In such a case, the money they receive for it is the money of wine used for idolatrous libation and not the wages for their labor. And the money of wine used for idolatrous libation is forbidden for benefit.

Gemara:

The Gemara discusses additional ways in which it is permitted to benefit from the money of wine used for idolatrous libation:

Rav Yehuda said that Rav said:

If the king imposed a tax on the wine, and the Jew desires that the gentile pay the tax for him, and he will give him money in exchange for it,

it is permitted for a person to say to a gentile, “Go and pay for me the king’s levy.”

And even though the gentile gives wine used for idolatrous libation to the king’s agent, and the Jew pays him money in exchange, the matter is not considered as though the Jew sent the gentile to pay his debt with wine used for idolatrous libation, since the gentile is not obligated to give the tax collector wine and can pay him money.

The Gemara raises an objection:

It was objected:

We learned in a beraita:

“A person should not say to a gentile, ‘Enter in my place

[enter in my stead]

to the officer

[the policeman],

but he may say to him, ‘Save me from the officer.’”.

That is, one who owed wine to the tax collector should not say to the gentile, “Pay him in my place,” since this wording means that he appoints him an agent to pay his debt, and it follows that he paid his debt with wine used for idolatrous libation.

But he is permitted to say to him, “Go and appease the policeman with whatever you can.” Then, even if he gives him wine, he is not acting as his agent, and it is permitted.

The Gemara assumed that the wording “Go and pay for me the king’s levy” has the same law as “Enter in my place to the officer.” If so, it is difficult: Why did Rav permit saying this?

Rav said to him, “Are you saying, ‘Enter in my place to the officer’?!”

Are you raising an objection to me from the wording “Enter in my place to the officer”?

“It resembles only this: ‘But he may say to him, Save me from the officer’!”

That is, the wording “Go and pay for me the king’s levy” is not like “Enter in my place to the officer,” but like “Save me from the officer.”

Since the gentile is not obligated to pay the king with wine, but with money, when he paid him with wine he was not the Jew’s agent; rather, he did this of his own accord.

Mishna:

Our Mishna presents additional cases in which it is permitted or forbidden to benefit from the money of wine used for idolatrous libation.

A Jew

who sells his wine to a gentile,

and

stipulated

[agreed with the gentile what the price of the wine would be]

before he measured it

[before he measured the wine for him]

, its value is permitted.

Since the wine does not become forbidden until the gentile touches it, and here the gentile acquired the wine before touching it, [either through pulling it, or through advancing money, as will be explained in the Gemara], it follows that he owes the Jew the value of permitted wine.

But if he

measured

the wine for the gentile

before he stipulated

[before they agreed between them on its price]

, its value is forbidden

for the Jew to benefit from.

Since the gentile does not resolve to acquire the wine until he knows its price, therefore, when he touched the wine and made it wine used for idolatrous libation, it was still the property of the Jew. And when the gentile subsequently came to pay him, it is the money of wine used for idolatrous libation, and it is forbidden for benefit like wine used for idolatrous libation:

Gemara:

It is explained in the Mishna that if he stipulated the price of the wine with the gentile and afterward measured the wine for him, its value is permitted, since the gentile had already acquired the wine before he had the opportunity to make it wine used for idolatrous libation, and it follows that he owes him the value of permitted wine.

The Gemara discusses through which acquisition the gentile acquired the wine.

Ameimar said: Pulling effects acquisition with a gentile.

That is, if one wished to sell an object to a gentile, and the gentile pulled the object, he acquired it, even if he had not yet paid him its value. And likewise, to acquire an object from a gentile, pulling is sufficient, and it is not necessary to pay him its value.

Know

that this is the custom among the gentiles

, for these Persians send gifts to one another

[the custom of the Persians was to send gifts to one another]

, and they do not retract from them

[and they do not retract from them], even though they had not yet taken money in exchange, since they acquired through pulling.

Rav Ashi said: In fact, I can say to you that pulling with a gentile does not effect acquisition.

Rather, he acquires only when he gives him money.

And

there is no proof from the custom of the Persians, since

the reason that they do not retract from them

is not acquisition through pulling, but because

it is an apprehension of haughtiness that they hold

[it is considered among them a matter of haughtiness to revoke the sale after pulling].

Rav Ashi said: From where do I say this

[from where did I learn that pulling does not effect acquisition for a gentile]?

From the fact that Rav said to those wine merchants

[wine sellers]

, “When you measure wine for gentiles, take money from them and afterward measure it for them.”

[When you pour wine into the gentiles’ vessels, first take payment from them and afterward pour the wine into their vessels.]

“And if they do not have money with them, lend it to them, and afterward take it from them, so that it will be a loan owed by them.”

[And if they did not bring money with them, lend it to them, and afterward take this money from them, so that the payment for the wine will be a loan and not the money of the wine.]

“For if you do not do so, when it becomes wine used for idolatrous libation,

it will be in your possession. And when you take it, you will be taking the money of wine used for idolatrous libation.”

[And if you do not do so, it is forbidden for you to benefit from the money of the wine, since the wine became wine used for idolatrous libation while it was still yours, and it follows that you benefited from the money of wine used for idolatrous libation.] These are Rav’s words.