Se um gentio, juntamente com um judeu, levava jarras de vinho de um lugar para outro —se ele (o gentio) estava no status de ser vigiado, é permitido (o vinho). [Desde que ele (o judeu) não o tenha informado de que está saindo, ele (o gentio) está no status de ser vigiado, mesmo se ele for a uma milha de distância; pois o gentio sempre tem medo de que o judeu volte e o veja.] Se ele lhe disser que está indo muito longe [e ele se afasta dele (os jarros estão sendo fechados)— se ele ficar longe] por tempo suficiente [para ele] abrir ["yistom" (como em [Números 24: 3] "shethum ha'ayin" —"abrir os olhos"), ou seja, abrir um buraco na rolha do jarro] e fechá-lo novamente e [para o fechamento] secar [é proibido]. R. Shimon b. Gamliel diz: [Não é proibido até que ele fique longe o suficiente] para ele abrir e fazer outra rolha e [para o fechamento] secar. [Mas eles não estavam preocupados com o fato de ele fazer um buraco na rolha do jarro, pois isso é reconhecível. E é apenas em relação a uma rolha de limão que os rabinos diferem de R. Shimon b. Gamliel, temendo que ele pudesse abrir um buraco, isso não é reconhecível, o limão é branco e a diferença entre o velho e o novo não é discernível. Mas com uma rolha de barro, os rabinos admitem R. Shimon b. Gamliel que o vinho não é proibido até que ele fique longe o tempo suficiente para ele abrir toda a rolha, substituí-la e secá-la. A halachá está de acordo com R. Shimon b. Gamliel.]
Bartenura on Mishnah Avodah Zarah
אם היה בחזקת המשתמר – all the while that he did not inform him that he going away, it is presumed to be watched, and even if he went away a mile. For the heathen gets heated and says: “now the Israelite comes and sees me.”
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English Explanation of Mishnah Avodah Zarah
Introduction
This mishnah discusses a Jew who was carrying wine from one place to another with a non-Jew. The question is, are we suspicious that the non-Jew touched the wine, and that it is therefore forbidden.
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Bartenura on Mishnah Avodah Zarah
אם הודיעו שהוא מפליג – and he (i.e., the Jewish watchman) distances himself from him and the jugs are closed.
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English Explanation of Mishnah Avodah Zarah
If a non-Jew was transporting jars of wine together with a Jew from place to place, and it was presumed that [the wine] was under guard, 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. If, while transporting the wine with the non-Jew the non-Jew assumes that the Jew was always watching the wine, the wine is permitted. As long as the non-Jew suspects that the Jew might catch him opening up the wine and drinking from it, the non-Jew will not do so. The Jew might even leave the wine with the non-Jew for a while, as long as the Jew does not tell him that he is doing so. If the Jew leaves the non-Jew and tells him that he is doing so, then the non-Jew knows that he has a certain period of time in which he might be able to drink the wine without being caught. There are two opinions in the mishnah about how long this period of time must be. According to the first opinion, the non-Jew must have enough time to make a hole in the stopper of the jug (the stopper was made and sealed with clay), and then fill the hole back in, and the new seal to dry, so that the Jew will not be able to tell that it was opened when he returns. If the Jew did not tell the non-Jew that he would be away for this period of time, the wine is permitted. The second opinion is that of Rabban Shimon ben Gamaliel. He assumes that if the non-Jew merely makes a hole in the stopper and then reseals it, the Jew will see the damage. The only way the non-Jew will avoid getting caught is if he removes the whole stopper, and then closes the jug with a new stopper and then the sealing on this new stopper dries. If the Jew does not stay away for the period of time it takes to do all of this, the wine is permitted.
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Bartenura on Mishnah Avodah Zarah
כדי ששתום – if he delayed in order that the heathen could bore a hole in the sealing clay of the jug and he returns and seals the hole and the seal dries, it is prohibited.
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Bartenura on Mishnah Avodah Zarah
ישתום – open, like (Numbers 24:3): “whose eyes are open/true,” that his eye is open.
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Bartenura on Mishnah Avodah Zarah
רבן שב"ג אומר – He does not forbid other hat if he delayed in order to open all of the sealing clay of the jug.
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Bartenura on Mishnah Avodah Zarah
ויגוף – and make another sealing clay.
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Bartenura on Mishnah Avodah Zarah
ותיגוב – to become dried and glossy but for the making a hole/cavity in the sealing clay of the jug and especially with a sealing clay of plaster this is what the Rabbis dispute against Rabban Shimon ben Gamliel for they are suspicious of the opening of a hole because they don’t recognize that the plaster is white and it is not recognized between something new to something od, but in stopper of clay the Rabbis admit to Rabban Shimon ben Gamaliel that the wine is not lessened until he would delay enough until he can open it up completely, and it would dry and become glossy. And the Halakha is according to Rabban Shimon ben Gamaliel.
