1)

WINE TOUCHED BY NOCHRIM WHO DO NOT SERVE IDOLATRY [wine: Nochrim]

(a)

Gemara

1.

64b: Rav Yehudah sent a gift to Avidarna (a Nochri) on the Nochri festival. He reasoned that this is permitted, for he does not serve idolatry.

2.

Question (Rav Yosef - Beraisa - R. Meir): A Ger Toshav is one who accepted in front of three Chaverim not to serve idolatry. (Avidarna did not accept in front of three!)

3.

Answer (Rav Yehudah): That refers to the Mitzvah to support him.

4.

Question: Rabah bar bar Chanah taught that if a Ger Toshav did not circumcise himself within 12 months, he is like a Nochri Min! (Avidarna has refrained from idolatry for longer than this without circumcising himself.)

5.

Answer: This is only if he accepted to circumcise himself, but did not.

6.

Rava sent a gift to Bar Shishach (a Nochri) on the Nochri festival. He reasoned that this is permitted, for he does not serve idolatry.

(b)

Rishonim

1.

Rambam (Hilchos Ma'achalos Asuros 11:7): A Ger Toshav is one who accepted his seven Mitzvos. One may benefit from his wine, but one may not drink it. One may leave him with wine in his (the Yisrael's) store, but one may not deposit wine with him. The same applies to any Nochri who does not serve idolatry, e.g. Yishmaelim. Notzrim serve idolatry, and their Stam wine is Asur b'Hana'ah.

2.

Rambam (13:11): Whenever we say that one may benefit from our wine but one may not drink it because a Nochri touched it, this is only if the Nochri serves idolatry. If he does not, e.g. a Yishmaeli touched our wine without intent, or he hit the top of the barrel, one may drink the wine. The same applies to all similar cases

i.

Beis Yosef (YD 124 DH Ika): Since the Rambam holds that a Nochri who does not serve idolatry does not forbid Hana'ah, why did he write in Perek 11 that one may benefit from wine of a Ger Toshav who accepted his seven Mitzvos? This implies that that if he did not accept one of the seven, his wine is Asur b'Hana'ah! Is a Ger Toshav who accepted six Mitzvos including idolatry any worse than a Nochri whom we know does not serve idolatry but did not accept the other Mitzvos?! Perhaps the Rambam means that a Nochri does not forbid Hana'ah from wine if he is from a religion that does not serve idolatry, but if he is from a religion that serves idolatry, even if he accepted not to, he keeps the status of his nation, and he forbids Hana'ah from wine, until accepting all seven Mitzvos and becoming a Ger Toshav. This is why the Rambam (Halachos 7) said 'the same applies to any Nochri does not serve idolatry, e.g. Yishmaelim.' This implies that only if one is from a nation established not to serve idolatry, one may benefit from it his wine even if he did not explicitly accept not to serve. If so, when Rav Yehudah said that Avidarna does not serve idolatry, and Rava said so about Bar Shishach, they meant that they are from nations that do not serve. Also, we could say that any Nochri whom we know does not serve idolatry, even if his nation serves, and he did not explicitly accept not to serve, and he does not fulfill the other Mitzvos and did not accept them, one may benefit from it his wine, like that of Bar Shishach. The Rambam discusses a Ger Toshav who accepted his seven Mitzvos to teach that even so, one may not drink his wine, but one may benefit from his wine even he did not accept.

ii.

Question (Taz 124:4): If so, what was the question against Rav Yehudah from the Beraisa that requires a Ger Toshav to accept in front of three? The Beraisa discusses one from a nation that serves idolatry. Rav Yehudah was lenient because Avidarna's nation did not serve idolatry! Why did we need to answer that acceptance is needed for the Mitzvah to support him? It is not clear how to resolve this.

iii.

Answer (Lechem Mishneh): This was the basis of the question. Since the Beraisa teaches when a Nochri does not forbid wine, if a Nochri from a nation that does not serve idolatry were like a Ger Toshav (and does not forbid wine), the Beraisa should have taught this! I prefer to say that the Rambam (11:7) mentions accepting the seven Mitzvos to permit leaving the Nochri with wine in his store. We rely only on a Ger Toshav not to let other Nochrim touch it. Regarding what he himself touches, as long as he does not serve idolatry, he does not forbid benefit from wine.

3.

Rosh (7): The Rashbam and Rivan say in the name of Rashi that Ge'onim says nowadays we do not forbid Hana'ah from wine of Yisrael that Nochrim touched, for they are not used to being Menasech. They are like Nochrim ignorant of idolatry, i.e. children, and they forbid only drinking, but not Hana'ah.

(c)

Poskim

1.

Shulchan Aruch (YD 124:6): Any Nochri who does not serve idolatry, one may not drink his wine, but one may benefit from it. If he touched our wine, it is like his wine; one may not drink it.

i.

Beis Yosef (DH Kasav): The Rashba says that one may benefit from wine touched by a Ger Toshav who accepted his seven Mitzvos. Therefore, some Ge'onim permitted benefit from wine of Yishmaelim, since they do not serve idolatry. One may not drink wine of a Nochri who does not serve idolatry, due to concern for intermarriage. Isur Hana'ah was a decree of a later Beis Din due to concern for Nisuch. This was only for those who serve idolatry. Even though Yishmaelim did not accept in front of three (Yisraelim) not to serve idolatry, or their seven Mitzvos, and this is needed to become a Ger Toshav (64b), acceptance is not needed for the law of touching wine or other decrees mid'Rabanan. It is needed only for the Mitzvah to support him. Rav Yehudah sent a gift to a Nochri on his holiday, for he knew that the Nochri does not serve idolatry, even though he had not he accepted the seven Mitzvos. However, decrees due to intermarriage apply, for one may not marry such a Nochri. Therefore, one may not drink his wine.

ii.

Taz (4): A Yishmaeli is an example of a Nochri who does not serve idolatry. We learn from a Ger Toshav, who forbids only drinking it. One may benefit from a Nochri's wine as long as he does not serve idolatry. The Chidush of a Ger Toshav is that even though he accepted the seven Mitzvos, one may not drink his wine. The Isur of drinking is due to intermarriage. The Isur Hana'ah is due to idolatry. According to the lenient opinion in the Rema (Sa'if 2, that permits drinking wine that a Ger Toshav touched), we are one step less lenient here, but at least one may benefit from the wine. The Tur cited the Rashba, who is lenient about Yishmaelim. The Drishah asked from the Beis Yosef, who said that the Rashba requires accepting all seven Mitzvos to permit Hana'ah. This is not difficult. Above he means that according to R. Meir it suffices to accept not to serve idolatry; we hold like Chachamim, who require accepting all seven Mitzvos. Some Ge'onim learn from Rav Yehudah's gift that it suffices to accept not to serve idolatry, even according to Chachamim.

2.

Shulchan Aruch (7): Some say that whenever we say that one may benefit from our wine but one may not drink it, because a Nochri touched it, this is only if the Nochri serves idolatry. If he does not, if he touched the wine without intent, or he hit the top of the barrel, one may drink the wine. The same applies to all similar cases.

i.

Shach (12): The Rambam discussed a Yishmaeli. The Shulchan Aruch omitted this, for the Beis Yosef concluded that the same applies to any Nochri whom we know does not serve idolatry, even if his nation serves.

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