Avodah Zarah 4

רַבִּי יִשְׁמָעֵאל אוֹמֵר, שָׁלשׁ אֲבָנִים זוֹ בְצַד זוֹ בְּצַד מַרְקוּלִיס, אֲסוּרוֹת. וּשְׁתַּיִם, מֻתָּרוֹת. וַחֲכָמִים אוֹמְרִים, שֶׁנִּרְאוֹת עִמּוֹ, אֲסוּרוֹת. וְשֶׁאֵין נִרְאוֹת עִמּוֹ, מֻתָּרוֹת:

R. Yishmael says: Three stones, one beside the other, [and, it goes without saying, one atop two, the "essential" Mercury], beside (an idol of) Mercury, are forbidden. ["beside Mercury": That is, four ells to the side of Mercury, it being known that they did not fall from it. It is of this that R. Yishmael says that three stones are forbidden, Mercury not being less than three stones. They would make a small Mercury beside the big one. And this small one would be made with stones of any size, without care being taken that it be one stone atop two]. And the sages say that those seen with it are forbidden, and those not seen with it, permitted. [The Rabbis hold that a small Mercury is not made beside a big one. Therefore, if the stones can be seen together with it, i.e., if they are near it, so that it can be said that they have fallen from it, whether two or thee, they are forbidden. If they cannot be seen together with it, they are permitted. The halachah is in accordance with the Rabbis.]

מָצָא בְרֹאשׁוֹ מָעוֹת, כְּסוּת אוֹ כֵלִים, הֲרֵי אֵלּוּ מֻתָּרִין. פַּרְכִּילֵי עֲנָבִים וַעֲטָרוֹת שֶׁל שִׁבֳּלִים וְיֵינוֹת וּשְׁמָנִים וּסְלָתוֹת וְכָל דָּבָר שֶׁכַּיּוֹצֵא בוֹ קָרֵב עַל גַּבֵּי הַמִּזְבֵּחַ, אָסוּר:

If one found on its head money, clothing or vessels, they are permitted. [That is, if they are not placed there for decoration, as when the money is in a pouch slung over its neck, clothing folded and placed on its shoulder or on its head, and vessels, too, placed on its head, all of these not being put there for decoration.] Grape clusters, wreaths of ears, wines, oils, and flours, and all things, the likes of which are offered on the altar are forbidden.

עֲבוֹדָה זָרָה שֶׁהָיָה לָהּ גִנָּה אוֹ מֶרְחָץ, נֶהֱנִין מֵהֶן שֶׁלֹּא בְטוֹבָה וְאֵין נֶהֱנִין מֵהֶן בְּטוֹבָה. הָיָה שֶׁלָּהּ וְשֶׁל אֲחֵרִים, נֶהֱנִין מֵהֶן בֵּין בְּטוֹבָה וּבֵין שֶׁלֹּא בְטוֹבָה:

An idolatry that had (appended to it) a garden or a bath-house — it is permitted to derive benefit therefrom without payment [to the idolators]. It is not permitted to derive benefit therefrom with payment. If it belonged both to it and to others, it is permitted to derive benefit therefrom both with or without payment.

עֲבוֹדָה זָרָה שֶׁל נָכְרִי, אֲסוּרָה מִיָּד. וְשֶׁל יִשְׂרָאֵל, אֵין אֲסוּרָה עַד שֶׁתֵּעָבֵד. נָכְרִי מְבַטֵּל עֲבוֹדָה זָרָה שֶׁלּוֹ וְשֶׁל חֲבֵרוֹ, וְיִשְׂרָאֵל אֵינוֹ מְבַטֵּל עֲבוֹדָה זָרָה שֶׁל נָכְרִי. הַמְבַטֵּל עֲבוֹדָה זָרָה, בִּטֵּל מְשַׁמְּשֶׁיהָ. בִּטֵּל מְשַׁמְּשֶׁיהָ, מְשַׁמְּשֶׁיהָ מֻתָּרִין וְהִיא אֲסוּרָה:

The idolatry of a gentile is forbidden immediately, [it being written (Deuteronomy 7:25): "the carved images of their gods shall you burn with fire" — As soon as they are carved they are rendered "gods" for him. ] And that of a Jew is not forbidden until it is worshiped, [it being written in that respect (Ibid. 27:15): "Cursed be the man who shall make a carved or molten image … and do in secret" — [It is not forbidden] until he does "secret" things with it, i.e., until he worships it. For a Jew worships idolatry only in secret, fearing beth-din.] A gentile may nullify his own idolatry, [it being written (Ibid. 7:25): "The carved images of their gods shall you burn with fire" — when they relate to them as gods; but if he has nullified it, it is permitted] and (he may also nullify) that of a Jew, [when they are partners. (But this is not the halachah.) A gentile cannot nullify the idolatry of a Jew even if he has partnership in it.] And a Jew cannot nullify the idolatry of a gentile, [even if he permits him to do so]. If one nullifies an idol, he nullifies its appurtenances. (If he nullifies) its appurtenances, they are permitted and it itself is forbidden.

כֵּיצַד מְבַטְּלָהּ, קָטַע רֹאשׁ אָזְנָהּ, רֹאשׁ חָטְמָהּ, רֹאשׁ אֶצְבָּעָהּ, פְּחָסָהּ אַף עַל פִּי שֶׁלֹּא חִסְּרָהּ, בִּטְּלָהּ. רָקַק בְּפָנֶיהָ, הִשְׁתִּין בְּפָנֶיהָ, גְּרָרָהּ, וְזָרַק בָּהּ אֶת הַצּוֹאָה, הֲרֵי זוֹ אֵינָהּ בְּטֵלָה. מְכָרָהּ אוֹ מִשְׁכְּנָהּ, רַבִּי אוֹמֵר, בִּטֵּל. וַחֲכָמִים אוֹמְרִים, לֹא בִטֵּל:

How does he nullify it? If he cuts off the tip of its ear, the tip of its nose, the tip of its finger; if he defaced it, [i.e., if he mashed it with a mallet until it were defaced], even if he did not diminish it, it is nullified. If he spat in its face, or urinated before it, or dragged it [in the mud] or threw excrement at it, it is not nullified, [his anger having bested him — until he worships it again.] If he sold or pawned it — Rebbi says he has nullified it; but the sages say he has not nullified it. [They argue in the instance of his selling it to a gentile; but if he sold it to a Jewish goldsmith, all agree that it is nullified. The halachah is in accordance with the sages.]

עֲבוֹדָה זָרָה שֶׁהִנִּיחוּהָ עוֹבְדֶיהָ בִּשְׁעַת שָׁלוֹם, מֻתֶּרֶת. בִּשְׁעַת מִלְחָמָה, אֲסוּרָה. בִּימוֹסְיָאוֹת שֶׁל מְלָכִים, הֲרֵי אֵלּוּ מֻתָּרוֹת, מִפְּנֵי שֶׁמַּעֲמִידִין אוֹתָם בְּשָׁעָה שֶׁהַמְּלָכִים עוֹבְרִים:

An idolatry left behind by its worshipers — If [they left it behind] in a time of peace, it is permitted [Since they went of their own volition and did not take it with them, (it is a sign that) they nullified it]; in a time of war, it is forbidden. The bimusioth of kings [hewn stones fixed on the road for the king as pedestals for idolatry, so that when he passes by there he may bow down to it] are permitted because they are placed there when the kings pass by. The Gemara explains: "Because they place it down." That is, they are not fixed there for all times, but only when the kings pass by. And there are times when the kings pass over different roads and are not concerned for them. Therefore, they are not considered "appurtenances of idolatry."]

שָׁאֲלוּ אֶת הַזְּקֵנִים בְּרוֹמִי, אִם אֵין רְצוֹנוֹ בַּעֲבוֹדָה זָרָה, לָמָה אֵינוֹ מְבַטְּלָהּ. אָמְרוּ לָהֶן, אִלּוּ לְדָבָר שֶׁאֵין צֹרֶךְ לָעוֹלָם בּוֹ הָיוּ עוֹבְדִין, הָיָה מְבַטְּלוֹ. הֲרֵי הֵן עוֹבְדִין לַחַמָּה וְלַלְּבָנָה וְלַכּוֹכָבִים וְלַמַּזָּלוֹת. יְאַבֵּד עוֹלָמוֹ מִפְּנֵי הַשּׁוֹטִים. אָמְרוּ לָהֶן, אִם כֵּן, יְאַבֵּד דָּבָר שֶׁאֵין צֹרֶךְ לָעוֹלָם בּוֹ וְיַנִּיחַ דָּבָר שֶׁצֹּרֶךְ הָעוֹלָם בּוֹ. אָמְרוּ לָהֶן, אַף אָנוּ מַחֲזִיקִין יְדֵי עוֹבְדֵיהֶם שֶׁל אֵלּוּ, שֶׁאוֹמְרִים, תֵּדְעוּ שֶׁהֵן אֱלוֹהוֹת, שֶׁהֲרֵי הֵן לֹא בָטָלוּ:

They asked the elders in Rome: "If He does not desire idolatry, why does He not annul (i.e., destroy) it?" They answered: "If they worshiped things not needed by the world, He would do so. But they worship the sun, the moon, the stars, and the constellations. Shall He destroy His world because of the fools!" The others: "If so, let Him destroy the things not needed by the world and leave the others!" The elders: "We would thus strengthen the hands of their worshipers; for [if they saw the other idolatries wasting of themselves and these (the sun and the moon) enduring], they would say: 'Know these [the sun and the moon] to be true gods, for they have not been destroyed!'"

לוֹקְחִין גַּת בְּעוּטָה מִן הַגּוֹי אַף עַל פִּי שֶׁהוּא נוֹטֵל בְּיָדוֹ וְנוֹתֵן לַתַּפּוּחַ. וְאֵינוֹ נַעֲשֶׂה יֵין נֶסֶךְ, עַד שֶׁיֵּרֵד לַבּוֹר. יָרַד לַבּוֹר, מַה שֶּׁבַּבּוֹר אָסוּר, וְהַשְּׁאָר מֻתָּר:

It is permitted to buy a trodden winepress from a gentile, [who trod upon the grapes], even though he (the gentile) takes in his hand [grapes from the wine] and places it on the tapuach [the place (shaped like a mound) where the grapes are gathered. Our tanna holds that it does not become forbidden wine (yayin nesech) until it descends to the cistern. (This is an earlier Mishnah and is not the halachah, but once the wine starts running down it is yayin nesech)]. It is not yayin nesech until it descends to the cistern. Once it descends to the cistern [— then, if a gentile touches it], what is in the cistern is forbidden and the rest is permitted.

דּוֹרְכִין עִם הַגּוֹי בַּגַּת, אֲבָל לֹא בוֹצְרִין עִמּוֹ. יִשְׂרָאֵל שֶׁהוּא עוֹשֶׂה בְטֻמְאָה, לֹא דוֹרְכִין וְלֹא בוֹצְרִין עִמּוֹ, אֲבָל מוֹלִיכִין עִמּוֹ חָבִיּוֹת לַגַּת, וּמְבִיאִין עִמּוֹ מִן הַגָּת. נַחְתּוֹם שֶׁהוּא עוֹשֶׂה בְטֻמְאָה, לֹא לָשִׁין וְלֹא עוֹרְכִין עִמּוֹ, אֲבָל מוֹלִיכִין עִמּוֹ פַת לַפַּלְטֵר:

One may tread together with the gentile in the wine-press, [and we do not say that he is deriving benefit from forbidden things. For this tanna holds that it is permitted even to drink it, so long as it did not descend to the cistern. And causing susceptibility to tumah (gorem) does not obtain here. For from the time the gentile trod them a little they become tamei, so that the Jew is not a gorem here.] But he may not pick (grapes) with him. [For he (the gentile) places them into his winepress, which is tamei. And the gentile makes the grapes tamei with his touch, and the Jew, who picks with him, is a gorem of tumah. And this tanna holds that it is forbidden to be a gorem of tumah to chullin (non-consecrated food) in Eretz Yisrael, even that of a gentile. The halachah is not in accordance with this Mishnah, for we hold that once the wine begins flowing down (in the winepress) it becomes yayin nesech. Therefore, it is forbidden to tread with a gentile in the wine-press. And we hold that it is permitted to be a gorem of tumah to chullin in Eretz Yisrael when the chullin belongs to a gentile. Therefore, it is permitted to pick (grapes) with a gentile. And even though, thereby, he is a gorem of tumah to chullin, there is nothing adverse in this. However, a Jew, picking his vineyard may, ab initio, not take a gentile to help him, even to bring the grapes to the wine-press because of "'Go, go,' (far from the vineyard) 'they say to the Nazarite, etc.'"] It is forbidden to tread or pick with a Jew who processes (his fruits) in a state of tumah. [He (the owner) transgresses thereby, for he makes the terumoth and ma'aseroth among them tamei. It is, therefore, forbidden to assist him, so that he not become habituated to it.] But he may bring with him [empty] jugs to the winepress, and he may bring with him [full jugs] from the winepress, [for "what happened, happened." Once they (the grapes) become tamei, it is permitted to pour the wine into jugs that are tamei.] It is forbidden to knead (the dough) or to shape it with a baker who processes it in a state of tumah, but he may bring the (finished loaves) with him to the shop.

גּוֹי שֶׁנִּמְצָא עוֹמֵד בְּצַד הַבּוֹר שֶׁל יַיִן, אִם יֶשׁ לוֹ עָלָיו מִלְוָה, אָסוּר. אֵין לוֹ עָלָיו מִלְוָה, מֻתָּר. נָפַל לַבּוֹר וְעָלָה, וּמְדָדוֹ בַקָּנֶה, הִתִּיז אֶת הַצִּרְעָה בַקָּנֶה אוֹ שֶׁהָיָה מְטַפֵּחַ עַל פִּי חָבִית מְרֻתַּחַת, בְּכָל אֵלּוּ הָיָה מַעֲשֶׂה, וְאָמְרוּ יִמָּכֵר. וְרַבִּי שִׁמְעוֹן מַתִּיר. נָטַל אֶת הֶחָבִית וּזְרָקָהּ בַּחֲמָתוֹ לַבּוֹר, זֶה הָיָה מַעֲשֶׂה וְהִכְשִׁירוּ:

If a gentile were found standing beside a cistern of wine — if he had a lien upon it, [the wine standing as a guarantee for his loan, in which instance (it is suspected that) he touched it to sample its taste], it is forbidden; if not, it is permitted. If he (a gentile) fell into a cistern [full of wine], and he rose [to the top, dead — since his touching it when he fell into it does not forbid it in (derivation of) benefit, since he had no intent to touch it (—but if he arose, alive, he forbids it, in (derivation of) benefit, upon his arising, for he thanks his idolatry for his survival —)]; or if he [a gentile] measured it [the wine of a Jew] with a rod; or if he [a gentile] flicked aside a hornet [from the wine of a Jew] with the rod, [not touching the wine with his hand]; or if he struck the mouth (i.e., the foam) of a frothing jug [with his hand (to scatter it, this not being the normal mode of libation] — all of these actually occurred, and they (the sages) ruled: Let is be sold (to a gentile); and R. Shimon permitted it [(the halachah is not in accordance with R. Shimon)]. If he took the jug and threw it into the cistern — this actually occurred, and (the sages) permitted it [even for drinking].

הַמְטַהֵר יֵינוֹ שֶׁל נָכְרִי וְנוֹתְנוֹ בִרְשׁוּתוֹ בְּבַיִת הַפָּתוּחַ לִרְשׁוּת הָרַבִּים, בְּעִיר שֶׁיֶּשׁ בָּהּ גּוֹיִם וְיִשְׂרְאֵלִים, מֻתָּר. בְּעִיר שֶׁכֻּלָּהּ גּוֹיִם, אָסוּר, עַד שֶׁיּוֹשִׁיב שׁוֹמֵר. וְאֵין הַשּׁוֹמֵר צָרִיךְ לִהְיוֹת יוֹשֵׁב וּמְשַׁמֵּר. אַף עַל פִּי שֶׁהוּא יוֹצֵא וְנִכְנָס, מֻתָּר. רַבִּי שִׁמְעוֹן בֶּן אֶלְעָזָר אוֹמֵר, כָּל רְשׁוּת גּוֹיִם אַחַת הִיא:

One [a Jew] who trod the grapes of a gentile in kashruth [in order to sell it to a Jew (not giving money to the gentile until he sells it in the future)], and who placed it in his [the gentile's] domain, in a house open to the public domain — In a city where there are gentiles and Jews, it is permitted, [the gentile fearing that a Jew passing through the public domain might see him (touching the wine) and cause him a loss. Even without key or seal, it is permitted. This, on condition that he (the gentile) has no lien on this wine, as when he (the gentile) wrote to him (the Jew) "I have received from you (money for the wine," as stated below (Mishnah 12)]. In a city where there are only gentiles, it is forbidden, unless he places a watchman there. And the watchman need not sit there and keep (constant) watch; but even though he goes out and comes in, it is permitted. R. Shimon says: "All "in the domain of a gentile" is one. [There is a disagreement here between R. Shimon b. Elazar and the first tanna. The first tanna holds that when the Jew places the wine in the domain of a gentile, the owner of the wine — it is only then that the house need be open to the public domain, and that the city be one of both Jews and gentiles. But in the domain of a different gentile, who is not the owner — it is permitted even in a city where there are no Jews. And R. Shimon b. Elazar says: All "in the domain of a gentile" is one, and just as when the wine is in the domain of the gentile owner of the wine, it is forbidden unless it be in a city where both Jews and gentiles live and where the house is open to the public domain; here, too, in the domain of a different gentile, these two conditions are required. (The halachah is in accordance with R. Shimon b. Elazar.) And when key and seal are in the hand of the Jew, both in the domain of the owner of the wine or in that of a different gentile, it is permitted according to all.]

הַמְּטַהֵר יֵינוֹ שֶׁל נָכְרִי וְנוֹתְנוֹ בִרְשׁוּתוֹ, וְהַלָּה כוֹתֵב לוֹ, הִתְקַבַּלְתִּי מִמְּךָ מָעוֹת, מֻתָּר. אֲבָל אִם יִרְצֶה יִשְׂרָאֵל לְהוֹצִיאוֹ וְאֵינוֹ מַנִּיחוֹ עַד שֶׁיִּתֵּן לוֹ אֶת מְעוֹתָיו, זֶה הָיָה מַעֲשֶׂה בְבֵית שְׁאָן, וְאָסְרוּ חֲכָמִים:

One [a Jew] who trod the wine of a gentile and placed it in his [the gentile's] domain, and the other [the gentile] wrote to him: "I have received money from you," it is permitted, [if the house is open to the public domain and Jews live in that city, as stated above.] But if the Jew desires to take it out, and he (the gentile) does not allow him to do so until he pays him his money, [the wine now being a security for the gentile (his having a lien against the wine) — the gentile saying: If they see me (touching the wine) and bring claim against me, I will say it is mine (even though key and seal be in the hand of the Jew)] — this actually occurred in Beth Shean and the sages forbade it.