Avodah Zarah Daf 39 עבודה זרח דַף 39

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1. A grain of cut חלתית is forbidden because it was cut with the עכו"ם’s knife

The Mishnah on Daf 35b taught that a grain of "חלתית" (a plant with a very sharp flavor) of an עכו"ם is prohibited to eat. The Gemara explains: דמפסקי ליה בסכינא – because he cuts it with his knife, which he had previously used to cut non-kosher food, and the food is transferred to the חלתית when it is cut. Although, ordinarily, the law is נותן טעם לפגם מותר – where [a forbidden food] transfers flavor to the detriment of the mixture, it is permitted, but in this case, אגב חורפיה דחילתיתא – because of the sharpness of the חלתית, מחליא ליה שמנוניתא – it sweetens the fats on the knife, והוה ליה כנותן טעם לשבח – and is thereby like a case of transferring flavor to the mixture’s benefit and is forbidden.

2. Purchasing from the slave of a חבר or an אשת חבר

The slave of Rebbe Levi would sell חלתית, and after Rebbe Levi passed away, Rebbe Yochanan was asked if they could continue to purchase it from him. He said: עבדו של חבר הרי הוא כחבר – the slave of a חבר is like a חבר, and may be relied upon. In a similar incident, Rav Huna bar Manyumi purchased תכלת from the wife of Rav Amram Chasida, and was uncertain if he could assume it was legitimate תכלת, until hearing that Shmuel ruled: אשת חבר הרי היא כחבר – a חבר’s wife is like a חבר. A Baraisa says the same, and adds that if the חבר dies, אשתו ובניו ובני ביתו הרי הן בחזקתן עד שיחשדו – his wife and children retain their presumed [reliability] until they become suspected. If the wife or daughter of an עם הארץ marries a חבר, or the slave of an עם הארץ is sold to a חבר, they need to accept the rules of חברות to obtain the reliability of חברות. If the wife or daughter of a חבר married an עם הארץ, Rebbe Meir says they do not need to accept the rules of חברות, but Rebbe Yehudah says they do. Rebbe Shimon ben Elazar says there was once an אשת חבר who would tie his tefillin on his hand, and when she later married a tax collector, she tied the tax receipts on his hand (adopting her new husband’s sinful activities).

3. Milk of an עכו"ם when a Yisroel observes the milking

The next Mishnah lists foods of an עכו"ם which are permitted in consumption, beginning with חלב שחלבו עובד כוכבים וישראל רואהו – milk which an idolator milked and a Yisroel sees him. A Baraisa clarifies: יושב ישראל בצד עדרו של עובד כוכבים – a Yisroel may sit beside an idolator’s herd (although he cannot see the עכו"ם from his sitting position), and the עכו"ם may milk the animal and bring the milk to the Yisroel, who need not be concerned that the milk is not kosher. The Gemara explains that this herd includes a non-kosher animal (otherwise, the ruling would be obvious), and when the Yisroel is standing, he can see the עכו"ם milking the animal but cannot see him when he is sitting. Although one might think that the Yisroel should be concerned that, while he was sitting, the עכו"ם mixed in milk from the non-kosher animal, the Baraisa teaches: כיון דכי קאי חזי ליה – since when [the Yisroel] stands he can see [the עכו"ם], אירתותי מירתת ולא מיערב ביה – [the עכו"ם] is afraid to be caught and does not mix in any non-kosher milk.

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