Avodah Zarah Daf 36 עבודה זרח דַף 36

The Mishnah on the previous Daf taught that an עכו"ם’s oil is prohibited in consumption. Rav explains that דניאל decreed against it, but Shmuel says: של זליפתן כלים אסורין אוסרתן – the emissions of flavors from forbidden utensils prohibits [their oil]. Shmuel challenged Rav from the fact that Rebbe Yehudah and his Beis Din נמנו עליו והתירוהו – voted on it and permitted it. According to Shmuel, this can be understood that Rebbe Yehudah ruled that נותן טעם לפגם – [where something forbidden] gives flavor to the [food’s] detriment is permitted and disagreed with the Tannaim who had forbidden it. But according to Rav, that Daniel decreed against it, how could Rebbe Yehudah revoke the decree?! Still, Rav maintains that the passuk implies that Daniel decreed against their oil, even if Rebbe Yehudah did not interpret it this way. The passuk says: וישם דניאל על לבו אשר לא יתגאל בפת בג המלך וביין משתיו – and Daniel set in his heart that he would not be defiled by the king’s food, nor by the wine of his drinks, the plural indicating two drinks, wine and oil. Shmuel holds: על לבו שם – he set it in his heart to personally abstain from them, ולכל ישראל לא הורה – but did not rule this way for all of Yisroel.

The Gemara objects to Rav’s assertion that Daniel decreed to prohibit an עכו"ם’s oil, because Rav himself said that oil was banned among the שמונה עשר דבר – Eighteen Enactments decreed by the talmidim of Shammai and Hillel!? It answers that Daniel prohibited it only in the city, and the later ban extended it to include a field. The Gemara objects that only a greater Beis Din can abolish the decree of another, and regarding the שמונה עשר דבר, Rebbe Yochanan said שאפילו יבא אליהו ובית דינו – that even if Eliyahu and his Beis Din would come to abolish one of them, אין שומעין לו – we would not listen to him!? Rav Mesharshiya explains that they cannot be abolished only because they were broadly accepted by most of Yisroel, but an investigation revealed שלא פשט איסורו ברוב ישראל – that the prohibition did not spread through most of Yisroel. They revoked the ban because אין גוזרין גזירה על הצבור – we do not enact a decree for the public אא"כ רוב צבור יכולין לעמוד בה – unless most of the public can withstand it. A passuk describes a gezeirah being accepted by הגוי כולו – the entire nation, implying it must be feasible for the entire nation in order to take effect.

Rav listed “בנותיהן” – “their daughters” among the שמונה עשר דבר enacted by the talmidim of Shammai and Hillel. Rav Nachman bar Yitzchak explained: גזרו על בנותיהן נידות מעריסותן – they decreed on their daughters [tumah of] niddah from the cradle (although a non-Jew is not subject to tumah of niddah, and this infant has not discharged any blood). Rav Acha bar Adda taught that they prohibited idolators’ bread and oil to keep people away from their wine, and prohibited their wine to prevent closeness with their daughters, and prohibited their daughters because of "דבר אחר" – something else (i.e., idolatry).

The Gemara objects that their daughters are prohibited מדאורייתא, from "לא תתחתן בם" – you shall not intermarry with them!? Although some Tannaim hold this only applies to the seven כנעני nations, Rebbe Shimon ben Yochai holds it applies to any מסירות – those who may turn one away from Hashem. Although this only prohibits marriage, the Beis Din of שם prohibited זנות. Although that ban only applied to a male עובד כוכבים, a הלכה למשה מסיני prohibited public זנות with a female עובדת כוכבים, and the חשמונאים prohibited private זנות. The Gemara ultimately concludes that they decreed against יחוד – seclusion with an עובדת כוכבים, which was not included in any prior יחוד prohibition.