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Avodah Zarah Chart #7

Avodah Zarah Daf 57a-60b

THE LAWS OF YAYIN NESECH
(according to Rashi)(1)
  (A)
HE SHOOK THE WINE(2) 		(B)
HE TOUCHED
THE WINE(3) 		(C)
HE MOVED THE WINE THROUGH "KOCHO"(4)
1) THE NOCHRI KNEW IT WAS WINE,
AND PERHAPS HE HAD INTENTION TO USE IT FOR IDOLATRY(5) 		Asur b'Hana'ah(6) Asur b'Hana'ah(7) Mutar b'Hana'ah(8)
2) THE NOCHRI KNEW IT WAS WINE,
BUT HE DID NOT INITIALLY TOUCH IT WITH INTENTION TO USE IT FOR IDOLATRY(9)		 Asur b'Hana'ah(10) R. Nasan: Asur b'Hana'ah(11)
Rabanan : Mutar b'Hana'ah(12) 		Mutar b'Hana'ah(13)
3) THE NOCHRI DID NOT INITIALLY KNOW THAT HE WAS TOUCHING WINE(14) Asur b'Hana'ah(10) Mutar b'Hana'ah(15) Mutar to drink(16)
4) A YOUNG NOCHRI CHILD(17) (see 4:B)(18) Rav: Mutar b'Hana'ah(19)
Shmuel: Mutar to drink(20)		 Mutar to drink(21)
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FOOTNOTES:
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 (1) The laws recorded in this chart follow the conclusions of the Gemara. However, Tosfos (58b, DH Kasav) writes that in our times, Yayin Nesech is not forbidden to be sold to Nochrim (since they are not experts nowadays in using wine in the service of Avodah Zarah, and they are therefore comparable to Tinok of the times of the Gemara -- see row 4). This opinion is cited by the REMA in YD 123:1.
(2) This is the manner of idol-worshippers, who stir or swish ("Shichshuch") the wine with their fingers for the sake of their Avodah Zarah. (On Daf 60a, the Amora'im argue whether or not stirring the wine by way of shaking the container ("Kirkush") prohibits the wine because it resembles swishing the wine itself.) This category includes a case in which the Nochri does not explicitly specify that he is swishing the wine for the sake of Avodah Zarah, as the Gemara (58a) concludes.
(3) According to Rashi, the same applies if he touched the wine by way of a different object and not directly with his hand (as is evident from Rashi on Daf 58b, DH she'Mascho, see Tosfos 57a, DH Hachi Garsinan, and as Rashi states on 58b, DH v'Ha, and 60b, DH Kol, see also Rashi's summary at the end of the Perek, 61b). Tosfos (there) quotes Rabeinu Tam who argues with Rashi and rules that touching the wine by way of a different object is only considered "Kocho" (see column C in chart).
Touching the wine with his foot is considered like touching it with a different object (Tosfos to 57a, DH Iy; Tosfos, in DH Hachi Garsinan, explains that touching the wine with his foot is even more lenient than touching the wine with an object which he is holding in his hand).
(4) "Kocho" refers to "his force," which means that he did not touch the wine himself, but rather he made it move by way of his force (such as by tipping the barrel to make the wine come out).
Regarding "Ko'ach Kocho," moving the wine through a secondary outcome of his force, there are different opinions in the Gemara later (60a). According to Rav Shimi bar Ashi, the Amora'im argue whether or not it is considered like "Kocho" or whether the wine is permitted even for drinking. According to a second version there, everyone agrees that the wine is permitted even for drinking.
In a case in which a Jew assists a Nochri with moving the wine through "Kocho" and either one could have done it alone, it is considered "Shenayim she'Asa'uhu" (see Shabbos 81b) and is permitted for drinking, b'Di'eved (Tosfos 60a, DH Oved Kochavim, and DH v'Iy).
(5) If the Nochri intentionally uses a Jew's wine for Avodah Zarah without the Jew's permission, or not in front of the idol itself, some Tana'im permit the wine b'Hana'ah. The Halachah does not follow their view (59b).
(6) This is the conclusion of the Gemara on 58a (in the case of the Nochri who swished the wine in the ladle ("Davla"). Even if the Nochri does not have explicit intention to use the wine for Avodah Zarah, the wine becomes forbidden b'Hana'ah.
(7) Since the Nochri touched the wine intentionally, there is no difference whether he swished it or did not swish it; the wine becomes forbidden (Ritva to 59b, DH ha'Hu Chavisa). See below, footnote #9.
(8) The reason the wine is forbidden for drinking in this case is because of a Harchakah (a preventative stringency), as the Gemara explains on 58b. We have written in the chart that the wine is Mutar b'Hana'ah because this appears to be Rashi's opinion (58b, DH Asur, with regard to a Nochri who poured water into wine for a Jew; 60a, DH Chamra Asur (#2); 58b, DH Salka). Similarly, Rabeinu Tam, cited by Tosfos (58b, DH Ela), writes that even pouring the wine from one vessel to another does not prohibit it b'Hana'ah. However, Rashi elsewhere (60a, DH Chamra Asur (#1)) writes that the wine becomes forbidden even *b'Hana'ah* because of "Kocho" of the Nochri. (Rashi also writes this explicitly in his summary at the end of the Perek, 61b, where he writes that pouring wine from a vessel and diluting wine with water are considered equal and are both Asur b'Hana'ah.) Tosfos (58b, DH Ela, 60a, DH Oved Kochavim) gives a forced answer to reconcile the words of Rashi. It appears, though, from the words of Tosfos on 58b (DH she'Mascho), that there were two different versions of Rashi's commentary, which arrived at opposing conclusions with regard to the case of a Nochri who diluted wine with water. According to one version, the wine is Asur *b'Hana'ah*, while according to the other version, the wine is Asur only for *drinking*. Accordingly, it seems that originally Rashi maintained that "Kocho" prohibits the wine even b'Hana'ah, and later Rashi changed his mind and maintained that it does not prohibit the wine b'Hana'ah (because "Kocho" with intent should not be more stringent than unintentionally touching the wine with an object; see Rashi to 58b, DH Asur), and he emended his commentary accordingly. The two conflicting versions in Rashi's comments on 60a (DH Chamra Asur (#2)) reflect these two versions of Rashi on 58b. (Tosfos there explains the original opinion of Rashi in a different manner; see below in this footnote.)
Tosfos (58b, DH Ela, and 60a, DH Oved Kochavim) differentiates between "Kocho" of a Nochri *without* pouring wine from a vessel (for example, diluting wine with water) and "Kocho" in a case where he pours wine from a vessel. Pouring wine from a vessel is more severe, and is considered like touching the wine, which prohibits the wine b'Hana'ah. Tosfos (58b DH she'Mascho) cites an opinion that maintains diluting is also more severe than a normal form of "Kocho," since it is done to improve the wine (see also Tosfos 60b, end of DH Kol), and therefore the wine is Asur b'Hana'ah.
(9) So writes Rashi (57a, DH k'Rebbi Shimon, and elsewhere), that there is a difference between the case of a Nochri who touched wine for no reason, and the case of a Nochri who touched wine for some purpose. If he touched the wine for no reason, the wine becomes prohibited even if the Nochri did not swish the wine (see above, footnote #7). However, if he initially touched the wine for a purpose, then he does not prohibit the wine b'Hana'ah even after his purpose has been completed and he is still touching the wine, unless he swishes the wine at that point (as the Ritva explains on 59b, DH ha'Hu Chavisa). Therefore, in any case in which the Nochri touches the wine for a purpose, the Jew must be careful that the Nochri not be able to swish the wine when that purpose is completed. (See Rashi to 59b, DH u'Virtzuha, DH Kol, and 60b, DH li'Zevunei; see also Rashbam cited by Tosfos to 59b, DH Naktuha.) Regarding a Nochri who measures wine with his hand or with a measuring rod (Kaneh), the measuring is not considered complete until the Nochri removes his hand or the Kaneh from the wine, and therefore there is no concern that he shook the wine while removing his hand or the measuring rod (see Tosfos ibid.).
However, Tosfos in a number of places implies that he does not agree with this distinction, but rather if the Nochri knew that this was wine and intentionally put his hand into it -- even if it was for some other purpose, it is the same as if he put his hand into it for no purpose. (See Tosfos to 57a, DH Iy, DH Hachi Garsinan, and the opinion of Rabeinu Tam in Tosfos 59b, DH Naktuha.) The reason why we are lenient and permit the wine b'Hana'ah in the case of a Nochri who measures wine with his hand or a Kaneh is because even though the Nochri touched the wine intentionally, we are certain that the Nochri did not swish the wine. (This is in contrast to what we wrote above, in footnotes #7 and #9, in the name of the Ritva.) Alternatively, we are lenient because measuring requires concentration, and thus when the Nochri is busy measuring the wine he does not intend to dedicate it to Avodah Zarah at that time (see Tosfos to 59b, ibid., in his first answer).
(10) That is, if he swishes it after he completes the purpose for which he initially touched the wine, or after he is informed that he is touching wine, the wine becomes Asur b'Hana'ah, as is evident from the case of the Esrog that fell into a barrel of wine (59b; see previous footnote).
(11) 57a. (Even though, normally, touching an object by way of a different object is considered like touching it with one's hand, as Rashi writes (see above, footnote #2), in this case Rebbi Nasan agrees that touching by way of a different object, such as when the Nochri measures the wine with a Kaneh, does not prohibit the wine and it remains Mutar b'Hana'ah. (See Rashi to 60b, DH Medado b'Kaneh.)
(12) 57a and 60b (regarding the case of measuring the wine with a Kaneh); this Halachah is limited to a case in which there is no concern that the Nochri shook the wine after he finished the purpose for which he initially touched it (as mentioned above in footnote #9). (In the case of a Nochri who fell into a pit of wine and emerged alive, even though the Nochri was preoccupied with climbing out of the pit, we suspect that the Nochri at some point swished the wine for Avodah Zarah. This is because we suspect that the Nochri would like to give thanks to his idol for saving him (60b)). Rebbi Shimon is even more lenient and permits the wine for *drinking* in such a case (Mishnah, 60b). Examples from the Gemara of this Halachah are the Nochri who touched wine by using his hand to plug up a spigot to stop wine from pouring out (59b), the Nochri who held together a cracked barrel of wine to prevent it from breaking apart (60b), and a Nochri who splashes the wine in order to chase away a wasp (ibid.).
(13) It is obvious that "Kocho" is not more severe than touching wine with his hand or with a Kaneh, and therefore "Kocho" does not prohibit the wine b'Hana'ah. However, it is prohibited for drinking because of Harchakah, a preventative stringency (as the Gemara says on 58b with regard to a Nochri who dilutes wine).
It should be noted, however, that it may be argued that such wine should be permitted even for drinking, according to Rashi, since this case is not comparable to the case of "Kocho" in which a Nochri dilutes wine with water. In the case of diluting wine, the Nochri is not preoccupied with other intentions; he is involved only with pouring water into the wine, and thus it is reasonable to suspect that he poured the water with his Avodah Zarah in mind. In contrast, in a case in which the Nochri moves the wine through "Kocho" for a *specific purpose*, perhaps we may permit the wine even for drinking, since his mind is preoccupied and he will not have his Avodah Zarah in mind at the time (and it is not prohibited to drink such wine, see footnote #16). This also seems to be the intention of Rashi to 60a, DH Kuva Chaseira.)
(14) That is, the Nochri thought he was touching something that is not normally used by Nochrim for Avodah Zarah. The same Halachah applies when he touches part of wine (knowingly) that is not normally used for Avodah Zarah, such as the foam of bubbling wine (60b).
(15) 57a, regarding the case of a Nochri who touched wine unintentionally with the tip of his palm-branch; 58b, the case of a Nochri who was asked to pour wine for the Chachamim and he touched the wine by way of the decanter; 58a, the case of the demented Nochri ("Charam"); 60b, the case of a Nochri who fell into a pit of wine. Even according to Rebbi Nasan (see above, footnote #11), it is permitted b'Hana'ah in such cases, as the Mishnah says on 60b (which apparently is following the view of Rebbi Nasan).
(16) 58b. The Rabanan did not prohibit wine touched by a Nochri with "Kocho she'Lo b'Kavanah" (touching the wine unintentionally by way of "Kocho"), and it is permitted even for drinking.
(17) A Tinok is defined as one who does not recognize, nor mention, idols or their service (Tosefta Avodah Zarah 3:4, cited by Shulchan Aruch YD 124:1).
(18) This Halachah is not stated explicitly in the Gemara. It would appear that the Halachos of a Tinok who touched wine and a Tinok who swished wine are identical, since every action of a Tinok is considered to be completely unintentional.
(19) 57b.
(20) 57b. We find that Shmuel is lenient only with regard to a Tinok, and no other case, since it is not *possible* for a Tinok to have any intent in his action. In contrast, when an adult Nochri touches wine unintentionally, Shmuel agrees with Rav that the wine is forbidden for drinking (Tosfos 58b, DH v'Ha).
(21) This is obvious, based on the earlier Halachah in 3:C, since the Halachah in the case of a Tinok is, if anything, more *lenient* than in the case of an adult who touches wine unintentionally -- as mentioned in the previous footnote.

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