If one left his wine on a wagon or on a boat [with a gentile], and he took a short-cut, [leaving by one gate and returning by the opposite gate] — if he entered the city and bathed [in the bath-house], it (the wine) is permitted. [For since the gentile did not know that he would stay away, he would fear (his early return) and not touch the wine.] R. Shimon b. Gamliel says: [It is not forbidden until he stays away] long enough for him to open it and make another stopper and [for the closing] to dry. If one leaves a gentile in the shop, even if he (the Jew) goes in and out, it is permitted. And if he informs him that he is going far off [and he walks away from him, and stays away long enough [for him] to open and to reclose it and [for the closing] to dry, [it is forbidden]. R. Shimon b. Gamliel says: [It is not forbidden until he stays away] long enough for him to open it and make another stopper and [for the closing] to dry. [The Mishnah apprises us of the dispute between R. Shimon b. Gamliel and the Rabbis in these three instances. For if it taught [only] the instance of a gentile transporting jugs of wine, I might think it is [only] then that we assume that the gentile will fear his imminent return, but in the instance of a boat or a wagon, he can sail away and do what he wishes without fear. And if it taught [only] the instance of a boat or a wagon and not that of leaving a gentile in his shop, I might think that the gentile would fear to do so only in the first instance, lest the Jew leave by one path and return by another and see him, whereas in the second instance, he might say I will close the shutter and do as I like. Therefore, all three instances must be stated, and in all, the halachah is in accordance with R. Shimon b. Gamliel.]
Bartenura on Mishnah Avodah Zarah
המניח יינו בקרון או בספינה – with the heathen.
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English Explanation of Mishnah Avodah Zarah
Introduction
This mishnah is a direct continuation of the previous mishnah. In it we learn of two more situations in which a Jew leaves casks of wine with a non-Jew and we must decide whether or not the non-Jew is suspected of having opened the cask and removed some of the wine, thereby making it forbidden. Again, there is a dispute over how long the Jew may be absent before we suspect that the non-Jew will attempt to open the cask. Since we explained this dispute yesterday we will not explain it again here.
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Bartenura on Mishnah Avodah Zarah
בקפנדריא – a shortcut that he enters in this gate and leaves from another gate opposite him.
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English Explanation of Mishnah Avodah Zarah
If [a Jew] left his wine in a wagon or on a ship while he went along a short cut, entered a town and bathed, it is permitted. But if [the Jew] informed him that he was going away [and he was absent a length of time] sufficient for the other to bore a hole [in a jar], stop it up and [the sealing clay] to become dry, [the wine is prohibited]. Rabban Shimon ben Gamaliel says: [a length of time] sufficient for him to open a cask, put a new stopper on and [the new stopper] to become dry. In this situation the Jew again leaves the non-Jew with his wine, this time to make a quick excursion into the city. Note that he uses a short cut into the city. The fact that he is going and returning quickly will make the non-Jew fear getting caught should he open the cask. Therefore the wine is permitted. The Talmud teaches that if the mishnah had not included this scenario, we might have thought that since the non-Jew could take the wagon or boat and go to another place and there open the wine, that the wine is forbidden. The mishnah teaches that even in this case we are not concerned. The wine is only forbidden should the Jew tell the non-Jew that he is going and when he will return.
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Bartenura on Mishnah Avodah Zarah
ורחץ – in the bathhouse.
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English Explanation of Mishnah Avodah Zarah
If [a Jew] left a non-Jew in his shop, although he kept going in and out, [the wine there] is permitted. But if [the Jew] informed him that he was going away [and he was absent a length of time] sufficient for the other to bore a hole [in a jar], stop it up and [the sealing clay] to become dry, [the wine is prohibited]. Rabban Shimon ben Gamaliel says: [a length of time] sufficient for him to open a cask, put a new stopper on and [the new stopper] to become dry. In this scenario the Jew leaves the non-Jew in the store. Although the Jew is constantly going in and out of the store, and frequently leaving the non-Jew alone with the wine, the wine is permitted. Again, as long as he doesn’t tell him that he is leaving and when he is returning, the wine is permitted. The Talmud teaches that if the mishnah had not included this scenario, we might have thought that since the non-Jew could close the door to the store and then do what he wishes, that in this case the wine is forbidden. The mishnah therefore teaches that the wine is nevertheless permitted.
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Bartenura on Mishnah Avodah Zarah
מותר – for since the heathen did not know that he delayed, he trembles and does not touch it. And our Mishnah teaches us the dispute of Rabban Shimon ben Gamaliel and the Rabbis in these three segments [of the Mishnah]. For if it (i.e., the Mishnah) [only] taught that a heathen that was moving pitchers of wine, I might think that there, the heathen trembles for he holds that now he will see me. But on a ship or a wagon, he would be absent himself from his ship and does what he wants and does not tremble. But if [the Mishnah] only taught about the ship and the wagon and did not teach about a heathen placing it in his store, , I would think that in the ship and on a wagon, he trembles, for he holds that perhaps in another place, I will go and stand from the other side and he will see me. But when the heathen places it in his store, for one could say that he has designate it for a gate and does whatever he wants. I would say, no. It is necessary. And in all of this, the Halakha is according to Rabban Shimon ben Gamaliel.
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English Explanation of Mishnah Avodah Zarah
Questions for Further Thought: • Section one: What do you think the ruling would be if the Jew did not take the short cut into the city? Would the wine nevertheless be permitted?
