Avodah Zarah

Some troops  once came up to Nehardea and opened several casks. When R. Dimi arrived [from Palestine] he said: A similar occurrence came before R. Eleazar and he permitted [the wine], but I do not know whether he did so because he agreed with the view of R. Eliezer who said that when there is uncertainty about his entrance he is undefiled or whether he did so because he held the opinion that the majority of the men who were in the troops  were Israelites. But if that is so  this is not a case of uncertainty about entrance; but uncertainty about touching!  — Since, however, they opened many,  conclude that they opened them with the intention of [searching for money]  and so it is like a case of uncertainty about entrance. An [Israelite] woman who dealt in wine left the key of her door in charge of a heathen woman. R. Isaac said in the name of R. Eleazar: A similar occurrence was once brought before our House of Study [and they permitted the wine because] they maintained that she only entrusted her with charge of the key.  Abaye said: We have likewise learnt similarly: If a person entrusts his keys to an 'am ha-arez his things which are in a state of ritual purity remain undefiled because he only entrusted him with charge of the key.  Since his things which are in a state of ritual purity remain undefiled, this must be all the more true in the matter of yen nesek. Is this to say that the law of ritual purity is more stringent than that of yen nesek? — Yes, for it has been stated: If a courtyard is divided off by pegs,  Rab said that the ritually clean things [of a haber] are defiled,  but [if the resident on the other side is] a heathen he does not render the wine [of the haber] nesek; and R. Johanan said: Also his ritually clean things remain undefiled. Against this is quoted: [If there are two courtyards one within the other,] the inner belonging to a haber and the other to an 'am ha-arez, the haber may lay out his fruits there  and leave utensils there, even though the hand of the 'am ha-arez can reach to it.  This contradicts Rab's statement! — Rab can answer you: It is different in this case because he can be regarded as a thief. Come and hear: R. Simeon b. Gamaliel says: If the roof of a haber is higher than the roof of an 'am ha-arez, the former may lay out his fruits there and leave utensils there, provided the hand of the 'am ha-arez cannot reach to it.  This contradicts R. Johanan's statement! — R. Johanan can answer you: It is different in this case because he could offer the excuse that his intention was to take measurements. Come and hear: If the roof of a haber adjoined that of an 'am ha-arez, the former may lay out his fruits there and leave utensils there, even though the hand of the 'am ha-arez can reach to it. This contradicts Rab's statement!  — Rab can answer you: Is there not R. Simeon b. Gamaliel who shares my view?  I made my statement in agreement with R. Simeon b. Gamaliel. MISHNAH. IF A BAND OF MARAUDERS  ENTERED A CITY IN PEACE-TIME, THE OPEN CASKS ARE PROHIBITED AND THE SEALED ARE PERMITTED; IN WAR-TIME BOTH ARE PERMITTED BECAUSE THEY HAVE NOT THE LEISURE TO OFFER LIBATIONS.