011 - הִלְכוֹת מַאֲכָלוֹת אֲסוּרוֹת פֵּרֶק יא

Laws of Ma'achalos Asuros, Chapter 11

1. Wine that was poured as a libation to idolatry is forbidden for benefit, and one who drinks any amount of it receives lashes by Torah law. Likewise whoever eats any amount of an offering to idolatry, whether meat or fruit, even water or salt, receives lashes, as it says, "אֲשֶׁר חֵלֶב זְבָחֵימוֹ יֹאכֵלוּ, יִשְׁתּוּ יֵין נְסִיכָם" ("who ate the fat of their sacrifices and drank the wine of their libations," Devarim 32:38).

2. Wine poured as a libation to it is like a sacrifice offered to it. Since this prohibition is because of idolatry, it has no minimum measure, as it says of idolatry, "וְלֹא-יִדְבַּק בְּיָדְךָ מְאוּמָה, מִן-הַחֵרֶם" ("and nothing of the banned thing shall cling to your hand," Devarim 13:18).

3. Wine of non-Jews about which we do not know whether it was poured as a libation or not, which is called their ordinary wine (stam yeinam), is forbidden for benefit like wine that was poured as a libation; this is a decree of the Sages. One who drinks a revi'is of their ordinary wine is given lashes for rebelliousness.

4. Any wine that a non-Jew touched is forbidden, lest he poured it as a libation, for the thought of a non-Jew is to idolatry. You learn from this that the wine of a Jew that a non-Jew touched has the law of their ordinary wine, which is forbidden for benefit.

5. A non-Jew who touched wine unintentionally, and likewise a non-Jewish child who touched wine: it is forbidden to drink and permitted for benefit. One who buys servants from non-Jews, circumcises them and immerses them: they at once no longer make wine a libation, and wine they touched is permitted to drink, even though they have not yet become accustomed to the ways of Israel and idolatry has not yet left their mouths.

6. The sons of non-Jewish maidservants who were born in a Jew's domain and were circumcised but not yet immersed: the grown ones make wine forbidden when they touch it, and the young ones do not.

7. A ger toshav, who accepted the seven mitzvos as we explained: his wine is forbidden to drink and permitted for benefit. Wine may be left alone with him, but wine is not deposited with him. Likewise any non-Jew who does not worship idols, such as these Ishmaelites: their wine is forbidden to drink and permitted for benefit; so all the Geonim ruled. But the Christians are idol worshippers, and their ordinary wine is forbidden for benefit.

8. Wherever it says in this matter that the wine is forbidden: if the non-Jew because of whom the wine became forbidden worships idols, it is forbidden for benefit; if he does not worship idols, it is forbidden only to drink. Wherever it says "a non-Jew" without qualification, this refers to an idol worshipper.

9. Only wine that is fit to be offered on the altar is poured as a libation to idolatry. Because of this, when they decreed concerning their ordinary wine, and decreed that any wine a non-Jew touches should be forbidden for benefit, they decreed only on wine that is fit to be poured as a libation. Therefore cooked wine of a Jew that a non-Jew touched is not forbidden, and one may drink it with a non-Jew from one cup. But diluted wine, and wine that has begun to turn sour but can still be drunk, becomes forbidden if he touched it.

10. The Geonim of the West ruled that if a little honey or a little leaven was mixed into the wine of a Jew, since it is not fit for the altar, it is like cooked wine or like beer and is not poured as a libation, and one may drink it with a non-Jew.

11. From when does the wine of non-Jews become forbidden? Once it is trodden and the wine flows, even though it has not gone down to the pit but is still in the winepress, it is forbidden. Therefore one does not tread with a non-Jew in a winepress, lest he touch it with his hand and make a libation, even if he is bound. And one does not buy a trodden winepress from him, even though the wine is still mixed with the seeds and skins and has not gone down to the pit.

12. A non-Jew who trod the wine without touching it, while a Jew stood over him, and the Jew is the one who gathered it into the barrel: it is forbidden to drink.

13. The vinegar of non-Jews is forbidden for benefit, because it became yayin nesech before it turned sour. A non-Jew who was crushing grapes in a barrel, even though the wine floats over his hands, we are not concerned about yayin nesech. If he was eating from the baskets, left over a se'ah or two se'ahs and threw them into the winepress, even though the wine splashes onto the grapes, he does not make it yayin nesech.

14. The seeds and skins of non-Jews are forbidden for benefit for all twelve months; after twelve months they have already dried out and no moisture remains in them, and they are permitted to eat. Likewise wine lees that dried out are permitted after twelve months, for no smell of wine remains in them, and they are like dust and earth.

15. Skins and jugs of non-Jews into which non-Jews put their wine: one may not put wine into them until he leaves them unused for twelve months, or puts them back in the fire until the pitch on them softens, or heats them, or until he puts water in them for three full days, pouring out the water and replacing it with other water every twenty-four hours, three times in the three days. This applies whether the vessels were theirs, or belonged to a Jew and they borrowed them and put their wine into them. If he put wine into them before purifying them, it is forbidden to drink.

16. One may put beer, brine or muries (fish sauce) into them at once, and nothing more is needed; and one may put wine into them after putting in the brine or muries, for the salt burns them out.

17. One who buys new vessels that are not coated with pitch from non-Jews may put wine into them at once, and need not be concerned that they put yayin nesech into them. If they were coated with pitch, he rinses them, even though they are new. Likewise a vessel into which yayin nesech was put but not for storage, such as a vessel used to draw wine, or the funnel and the like, he rinses with water, and that suffices.

18. Likewise an earthenware cup from which a non-Jew drank may not be used to drink a first and a second time; a third time is permitted, for the traces of wine in it have already gone. This is when it was coated with lead, as potters do, or coated with pitch; but if it is plain earthenware, it needs rinsing.

19. Earthenware vessels glazed with lead that were used for yayin nesech: if they were white, red or black, they are permitted; if green, they are forbidden, because they absorb. If they have a place where the earthenware is exposed, whether white or green, they are forbidden, because they absorb. It seems to me that this applies only when they put wine into them for storage; but if they did not put wine into them for storage, he rinses them and they are permitted, even if they are earthenware.

20. A winepress of stone or of wood in which a non-Jew trod, or a stone winepress that a non-Jew coated with pitch even though he did not tread in it: he rinses them with water and ash four times, and may tread in them. If there was moisture in them, he applies the ash before the water; if not, he applies the water first.

21. A stone winepress coated with pitch in which a non-Jew trod, or a wooden winepress coated with pitch even though he did not tread in it, needs the pitch peeled off. If he left it unused for twelve months, or put water in it for three full days, he need not peel it: the winepress should not be stricter than the jugs. "He must peel it" was said only to permit it at once.

22. An earthenware winepress: even though he peeled off the pitch, it is forbidden to tread in it at once, until he heats it in the fire until the pitch softens. If he left it unused, or put water in it for three days, it is permitted, as we explained.

23. A wine strainer of non-Jews: if it was of hair, he rinses it and strains with it; if it was of wool, he rinses it with water and ash four times, leaves it to dry, and strains with it; if it was of linen, he leaves it unused for twelve months, and if it has knots, he unties them. Likewise vessels of willow and palm twigs and the like, baskets in which wine is trodden: if they were sewn with ropes, he rinses them; if they were held together with a tight weave, he rinses them with ash and water four times, dries them, and uses them; if they were sewn with flax, he leaves them unused for twelve months, and if they have knots, he unties them.

24. The vessels of the winepress in which a non-Jew trod yayin nesech, how are they purified so that a Jew may tread with them? The boards, the trays and the palm branches, he rinses. The mats of planks and of palm fiber, he dries. Those of bast and of reed, he leaves unused for twelve months; if he wishes to purify them at once, he purges them in boiling water, or scalds them in olive water, or places them under a spout whose water flows, or in a spring whose water runs, for twelve hours, and afterwards they are permitted.

25. When all of Eretz Yisrael belonged to Israel, they bought wine from any Jew and were not concerned. Outside the Land they did not buy wine from any Jew, but only from someone with an established reputation for propriety. Nowadays wine is bought everywhere only from someone with an established reputation for propriety; likewise meat, cheese, and a piece of fish that has no sign, as we explained.

26. One who is a guest at a householder's, in any place and at any time, and he brought him wine, meat, cheese or a piece of fish, it is permitted, and he need not ask about it, even though he does not know him but knows only that he is a Jew. But if he is established as not being proper and not careful in these matters, it is forbidden to be his guest; and if he transgressed and was his guest, he does not eat meat or drink wine on his word until a proper person testifies to him about them.