Soncino English Talmud
Avodah Zarah
Daf 61b
R. SIMEON B. ELEAZAR SAYS: IT IS ALL ONE WITH THE DOMAIN OF A HEATHEN, The question was asked: Is the purpose of R. Simeon b. Eleazar to make the law lenient or strict? — Rab Judah said in the name of Ze'iri: To make it lenient; but R. Nahman said in the name of Ze'iri: To make it strict. Rab Judah said in the name of Ze'iri that it is to make the law lenient, and the statement of the first Tanna must be understood thus: Just as [the wine] is prohibited in the domain of [that heathen] it is similarly prohibited in the domain of any other heathen and we take into account [the possibility of heathens] being partial one to another; but R. Simeon b. Eleazar says: That only applies to his own domain, but when it is in the domain of another heathen it is permitted because we do not take into account the fear of partiality. R. Nahman said in the name of Ze'iri that it is to make the law strict, and the statement of the first Tanna must be understood thus: This only applies to his own domain, but when it is in the domain of another heathen it is permitted and we do not take into account the fear of partiality; but R. Simeon b. Eleazar says: It is all one with the domain of a heathen. There is a teaching in accord with what R. Nahman said in the name of Ze'iri, i.e., the purpose is to make the law strict, viz.: R. Simeon b. Eleazar said: It is all one with the domain of a heathen because of the fraudulent. [Israelites once bought grapes from] the house of Parzak, the king's field-marshal, [and having made wine from them] left it in charge of his tenant-labourers. The Rabbis in the presence of Raba thought to declare [it permitted] on the ground that we only take into account the fear of partiality where there might be mutual agreement; but in this instance since it could not be the custom of the tenant-labourers to enter into an agreement with Parzak, the king's field-marshal, we take no account of the fear of partiality, Raba, however, said to them: On the contrary, even according to him who maintains that we take no account of the fear of partiality, that only applies where there is no possibility of terrorisation; but in this instance since [the tenants] are afraid of him, they would conceal any action on his part [to interfere with the wine] to shield him. In a certain town where there was wine belonging to an Israelite, a heathen was found standing among the jars. Raba said: If he would be arrested on that account as a thief, the wine is permitted, otherwise it is prohibited.
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