Avodah Zarah Daf 61 עבודה זרח דַף 61

The next Mishnah states: המטהר יינו של עובד כוכבים – if [a Jew] produces an idolator’s wine in purity (i.e., as kosher wine, which he would sell to other Jews and pay the עכו"ם afterwards), ונותנו ברשותו – and he places it in [the עכו"ם’s] domain, [בבית] הפתוח לרשות הרבים – in a house which opens into the public domain, then if it is in a city in which both Jews and idolators reside, the wine is permitted. The עכו"ם is afraid to touch the wine, since he may be caught and lose his profit in producing this kosher wine. If only idolators reside in the city (and the עכו"ם is not afraid of being caught), then it is prohibited unless a watchman is appointed to guard the wine. This guard does not need to sit and guard it; אף על פי שהוא יוצא ונכנס מותר – even if he goes out and comes in occasionally, it is permitted, since the עכו"ם is afraid to touch it. Rav Yosef says that where a Jew’s window faces the place where the wine is stored, or there is a garbage heap there, or a Jew’s palm tree, it is considered a public domain, since the עכו"ם can be seen by Jews.

A Baraisa teaches that whether one buys or rents a house in an idolator’s חצר, and filled it with wine, if a Jew resides in the חצר, the wine is permitted, ואף על פי שאין מפתח וחותם בידו – even though there is no key or seal in [the Jew’s] hand, because the עכו"ם is afraid to enter the house to touch the wine. If a Jew lives in a different חצר, but not in the חצר where the wine is stored, the wine is still permitted, but only if the Jew has a key or seal. The Gemara explains that the Chochomim, quoted below in the Baraisa, mean to disagree with this ruling and prohibit such wine עד שיהא שומר יושב ומשמר – unless there is a watchman sitting and guarding it, או עד שיבא ממונה הבא לקיצין – or unless there is an appointee who comes at set intervals. The Gemara asks about this last clause that if he comes at set intervals, גריעותא הוא – it is a deficiency, since the עכו"ם knows when he will not come!? Therefore, it is emended to be: שאינו בא לקיצין – that he does not come at set intervals, rather, at unpredictable times.

In the Mishnah, the Tanna Kamma said that if a Jew produced an idolator’s wine in purity and stores it with an עכו"ם in a city of idolatrous residents, the wine is prohibited unless a watchman guards it. Rebbe Shimon ben Elazar says: רשות עובדי כוכבים אחת היא – the domain of idolators are all one. Amoraim debate what this means. Rav Yehudah quotes Zeiri saying that Rebbe Shimon is coming להקל – to be lenient. Meaning, the Tanna Kamma was saying that the wine is even prohibited if it was stored with a different idolator (i.e., not the owner, and he has no excuse to touch the wine), וחיישינן לגומלין – [because] we are concerned for reciprocal [agreements], that this עכו"ם will allow the owner to touch the wine, who will return the favor when the roles are reversed. To this, Rebbe Shimon ben Elazar asked, do you think all idolatrous domains are one? They are not, and the wine would be permitted when stored with a different עכו"ם. Rav Nachman quoted Zeiri saying that Rebbe Shimon is coming להחמיר – to be stringent. Accordingly, the Tanna Kamma is not concerned for "גומלין", and Rebbe Shimon said all domains of idolators are one, and we are concerned for גומלין. A Baraisa supports Rav Nachman’s opinion.