POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Avodah Zarah 39
1) FORBIDDEN FISH
(a) (Mishnah): Diced Tiryas (salted fish), brine in which
there is not a fish (and Chilak...)
2) WHO IS TRUSTWORTHY?
(b) (Rav Nachman bar Aba): Chilak is Sultanis (sardine or
herring); it is forbidden because there are Tamei fish
that resemble it (and may be mixed in).
(c) (Beraisa): If it now lacks fins and scales but will grow
them later, such as Sultanis or Afitz (in Chulin, the
text is Afyan), it is permitted;
1. If it now has fins and scales but they fall off when
it leaves the water, such as Akunas, Afunas
(mullet), Kaspatias (salmon), Akaspatias
(swordfish?) and Atunas (tuna), it is permitted;
(d) (R. Avahu): Fish innards and fish eggs may be bought from
anyone, they normally come only from Plusa and Aspamya
(and Tamei fish are not common there).
(e) (Abaye): Chilak of the Davav River is permitted.
(f) Question: What is the reason?
1. Suggestion: The water flows rapidly, Tamei fish
cannot survive there because they lack a spine.
(g) Answer #1: Rather, because it is very salty, Tamei fish
cannot survive there because they lack scales.
2. Rejection: We see that Tamei fish live there!
(h) Rejection: We see that Tamei fish live there!
(i) Answer #2: The nature of the river floor does not allow
Tamei fish to live there.
(j) (Ravina): Nowadays, the Guza and Gamda rivers flow into
the Davav river, we are concerned for Tamei fish from
(k) (Abaye): The sea-donkey (the fish that corresponds to a
donkey) is permitted, the sea-ox is forbidden;
1. A way to remember this - Tahor (on land is) Tamei
(in water), Tamei Tahor.
(l) Version #1A - our text, Rashi - (Rav Ashi): Shaper-fish
is permitted; Kadesh-fish is forbidden;
1. A way to remember this - Kodesh la'Sh-m (Kodesh is
(m) Version #1B: Kever-fish is forbidden - the way to
remember this is Kivrei (graves of) Nochrim (they are
(n) Version #2A - R. Chananel - (Rav Ashi): Shaper-fish is
forbidden; Kadesh-fish is permitted;
1. A way to remember this - Kodesh Yisrael la'Sh-m
(Kodesh is fitting for Yisrael).
(o) Version #2B: Kever-fish is permitted - the way to
remember this is Kivrei (graves of) Nochrim (they are not
(p) R. Akiva came to Ginzak; they put in front of him a fish
resembling Chipusa (which is Tamei). He covered it with a
barrel, and later found scales on the barrel - he
(q) Rav Ashi came to Tamdoriya; they put in front of him a
fish resembling an eel (which is Tamei). He put it in the
sun, and found fine scales on it - he permitted it.
(r) Rav Ashi came to a place; they put in front of him a fish
resembling Shaper-fish. He covered it with a white
vessel, and later found scales on the vessel - he
(s) Rabah bar bar Chanah came to Akra d'Agma; they put Chilak
in front of him. He heard someone calling it 'Bati' (a
Tamei fish) - he decided not to eat it.
1. In the morning, he indeed found Tamei fish inside,
and thanked Hash-m for saving him from
(a) (Mishnah): A piece of Chiltis (of Nochrim).
3) HOW WELL THINGS MUST BE GUARDED
(b) Question: Why is this forbidden?
(c) Answer: Because they cut it with knives that absorbed
1. Even though (we assume that a vessel was not used
for (forbidden) food in the last day, and absorbed
tastes over a day old are normally li'Fgam, and)
Nosen Ta'am li'Fgam is permitted, because Chiltis is
(so) sharp, it causes the absorbed fat (in the
knife) to improve the taste.
(d) R. Levi's slave used to sell Chiltis, After R. Levi died,
people asked R. Yochanan if they may still buy from him.
(e) (R. Yochanan): The slave of a Chaver (one who is totally
reliable) is like a Chaver.
(f) Rav Huna bar Minyomi bought Techeiles from the wife of
Rav Amram Chasida.
(g) Chanan Chaita: A case occurred, Shmuel ruled that the
wife of a Chaver is like a Chaver.
(h) (Beraisa): The wife of a Chaver is like a Chaver, the
slave of a Chaver is like a Chaver;
1. If a Chaver dies, his wife and household are still
considered Chaverim, until there are grounds to
suspect them, this also applies in a courtyard where
they sell Techeiles
(i) (Beraisa): If the widow, divorcee or daughter of an
ignoramus marries a Chaver, or if the slave of an
ignoramus is sold to a Chaver, (s)he must accept to
conduct like a Chaver;
1. R. Meir says, If the widow, divorcee, daughter or
slave of a Chaver marries or is sold to an
ignoramus, l'Chatchilah, (s)he need not accept to
conduct like a Chaver;
2. R. Yehudah and R. Shimon ben Elazar says,
l'Chatchilah, (s)he must accept to conduct like a
i. A case occurred: a woman married a Chaver, and
would help tie Tefilin on his arm; she later
married a tax collector (presumably, a robber),
and would help tie the seals (receipts given to
those who paid) on his arm.
(a) (Rav): A double seal is needed for the following (to
deposit (Rambam; Tosfos (31A) - send them) with a Nochri;
R. Tam - to deposit them with an (untrustworthy) Yisrael
(but not with a Nochri); Rashba - with a Nochri or
suspected Yisrael): milk, meat, wine and Techeiles (lest
he switch them with similar forbidden food (or invalid
Techeiles) or pour the wine to idolatry);
1. A way to remember this - the initials of these spell
(b) One seal suffices for the following: Chiltis, fish
innards, bread and cheese;
4) SALKUNDRIS SALT
1. The initials of these spell CHaMPaG.
(c) Version #1 (our text, Tosfos) Question: What is the
concern about bread?
1. If he will take your warm bread and replace it with
(his forbidden) cold bread - it would be evident
that he switched!
(d) Answer: The only concern is that he will switch bread of
the same type and freshness (because yours is slightly
better) - he would not bother trying to forge the seal
for this. (End of Version #1)
2. If he will take your wheat bread and replace it with
barley bread - it would be evident that he switched!
(e) Question: Rav says that one seal suffices for cheese - he
would not bother trying to forge the seal to switch with
1. Likewise, one seal should also suffice for milk!
(f) Correction (Rav Kahana): Indeed, it does; rather, the
'Ches' of 'Chavis' stands for Chaticha (a piece of fish
without signs that it is Kosher).
(g) Question: That is just like meat, which was already
(h) Answer: Indeed, both are taught even though they are very
(i) (Shmuel): A double seal is needed for meat, wine and
Techeiles; the acronym is BaYiS;
1. One seal suffices for Chiltis, fish innards, and
cheese; the acronym is MaCHaG.
(j) Version #2 (Rashi): Shmuel need not teach about bread,
surely one seal is necessary and sufficient!
1. He would not take warm (or wheat) bread and replace
it with cold (or barley) bread - it would be evident
that he switched!
(k) (Beraisa): The following may only be bought from reliable
(Yisraelim) in Surya (Rambam - and all the more so, in
Chutz la'Aretz proper): wine, fish innards, milk,
Salkundris salt, Chiltis, and cheese - the acronym is
2. The only concern is that he will switch bread of the
same type and freshness - he would not bother
forging a seal for this. (End of Version #2)
1. A guest may rely on his host regarding all of them.
2. This supports R. Yehoshua ben Levi.
3. (R. Yehoshua ben Levi): If a regular person sent
(one of these) as a gift, it is permitted.
4. Question: What is the reason?
5. Answer: We do not suspect person of eating forbidden
food (only selling it) - presumably, the giver gave
from what he eats himself.
(a) (Mishnah): Salkundris salt.
5) PERMITTED FOODS OF NOCHRIM
(b) (Rav Yehudah): This is salt eaten by bakers (Rashi; Ran -
important people) of Romi.
(c) (Beraisa - R. Meir): Black Salkundris salt is forbidden,
white is permitted;
(d) R. Yehudah says, white Salkundris salt is forbidden,
black is permitted;
(e) R. Yehudah ben Gamliel says, both are forbidden.
(f) (Rabah bar bar Chanah): R. Yehudah forbids white
Salkundris salt because they mix in innards of white
fish; R. Meir forbids black salt because they mix in
innards of black fish; R. Yehudah ben Gamliel forbids
both on account of white and black fish innards.
(g) (R. Avahu citing R. Yehudah ben Gamliel): There was a
Nochri who used to smooth out the salt with lard of pigs.
(h) (Mishnah): These are forbidden (to eat; it is permitted
to benefit from them).
(i) Question: What does this come to exclude?
(j) Answer: According to Chizkiyah, it excludes when we know
that wine was mixed in (with preserved foods, for then it
is forbidden to benefit from them); according to R.
Yochanan, it excludes fish innards, cheese of Beis Onaiki
- the Mishnah is like R. Meir (who forbids benefit from
(a) (Mishnah): The following may be eaten:
1. Milk milked by a Nochri when a Yisrael was watching,
honey, Dovdevaniyos (Rashi - clusters of grapes;
Rambam - cakes of honey taken from hives);
(b) (Also these may be eaten):
2. Even though the Dovdevaniyos are dripping, it is not
considered a liquid to Machshir (make foods
susceptible to receive Tum'ah).
1. Preserved foods in which wine or vinegar is not
normally mixed in; Tiryas that is not diced; fish
brine in which there is a fish; a leaf of Chiltis;
and clumps of soft olives;
(c) R. Yosi says, Shelachin are forbidden (this will be
(d) Grasshoppers from the basket are forbidden, from the
storehouse are permitted, and similarly regarding
(e) (Gemara): Our Mishnah teaches as the following Beraisa.
1. (Beraisa): A Yisrael may sit outside the herd of a
Nochri milking his animals and buy the milk, he need
not be concerned (that milk of Tamei animals was
(f) (Mishnah): Honey.
2. Question: What is the case?
i. If there are no Tamei animals in the herd,
obviously we are not concerned!
3. Answer: There are Tamei animals in the herd; when
the Yisrael stands, he can see the Nochri, when he
sits, he cannot see him.
ii. If there are Tamei animals in the herd, we
should be concerned!
i. One might have thought, since he cannot see the
Nochri when he sits, we should be concerned
that milk of Tamei animals was mixed in - the
Beraisa teaches, this is not so, because the
Nochri fears that the Yisrael will stand and
(g) It is permitted, for there is nothing to be concerned
1. We are not concerned that the Nochri mixed in wine,
this would make it spoil!
(h) (Mishnah): Clusters of grapes; even though juice drips
from them, it is not considered a liquid to Machshir.
2. We are not concerned for Bishul Akum, honey is
normally eaten raw!
3. We are not concerned that it absorbed tastes from
his vessels - any absorbed tastes would Pogem honey,
they do not forbid it.
(i) Contradiction (Beraisa -Shamai): If one harvests grapes
in order to make wine, the juice that drips from them is
(j) Hillel says, it is not Machshir;
1. Hillel later agreed to Shamai.
(k) Answer: There, he wants the juice to exude from the
grapes, therefore it is Machshir; here (he wants to eat
the grapes,) he does not want the juice to come out.