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Siman 124 — Who renders wine forbidden — a non-Jew's contact with the barrel

מי הוא העושה יין נסך ודיני נגיעת העובד כוכבים בחבית

Who renders the wine forbidden and by what act: the three conditions of נגיעה, hand, foot and intervening object, שכשוך and כח, the תינוק, the מומר and the גר תושב, the barrel, the ברזא, the hole and the siphon, and the reversal of בזמן הזה
Structured review, psak tables, rapid memorisation


Source: Shulchan Aruch, Yoreh De'ah קכ״ד — 27 seifim
Nossei kelim: ש״ך (Shach) · ט״ז (Taz) · פתחי תשובה · באר היטב · באר הגולה · ביאור הגר״א
Compiled by: הרב יוסף חיים סממה · DAAT
For students who have mastered Levels 1 and 2
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📑 Plan of the synthesis

  1. The axiom: two degrees of prohibition, and three conditions for the graver one
  2. The 3 reflex questions: who touched · how · to what degree
  3. Master grid A — who renders the wine forbidden, and on what footing (seifim 1 to 9)
  4. Master grid B — the three conditions of seif 10 and the act of seif 11
  5. Master grid C — indirect נגיעה: through an object, by force, unawares
  6. The barrel: the ברזא, the crack, the hole and the siphon
  7. The Rama's reversal — בזמן הזה, and the Shach's במקום הפסד
  8. The 7 golden rules
  9. Mnemonic — the aid « נגיעה »
  10. The 6 classic pitfalls
  11. Recap of the 27 seifim — one line each
  12. Final flash card

1. The axiom: two degrees of prohibition, and three conditions for the graver one

The starting point:

Siman 123 had said which wine is forbidden. Siman 124 sets out the other half of the question: who renders it forbidden, and by what act. The heading announces this in two parts — מי הוא העושה יין נסך, and then ודיני נגיעת העובד כוכבים בחבית.

And the whole siman is read on two degrees, never on one: the wine may be forbidden for drinking (אסור בשתייה) while remaining permitted for benefit (מותר בהנאה) — so that it can still be sold —, or forbidden even for benefit (אסור בהנאה), which is the grave degree. Nearly every seif does no more than place one case on that two-rung ladder.
The degreeWhat it meansThe typical case in the siman
🟢 מותר אפילו בשתייהNothing has happened to the wine: it is drunkThe תינוק of seif 1 within its limit, the madman of seif 15, the tightened ברזא of seif 26
🟡 מותר בהנאה ואסור בשתייהIt is not drunk, but it may be sold and profited fromAn act with no intent of libation: measuring, tapping, falling into the vat (seifim 19, 20)
🔴 אסור בהנאהThe grave degree: neither drunk nor soldThe full touch of seif 11 — hand, foot or object, with שכשוך
💡 The marker: before asking “is it forbidden?”, ask “forbidden to what degree?”. A student who carries only one box marked “forbidden” cannot read this siman: he will confuse the wine that is poured away with the wine that is sold, and seif 19 with seif 11.

⚖ The three conditions of the grave degree — seif 10

The Mehaber lists them himself: מגע עובד כוכבים לאסור בהנאה צריך שלשה תנאים.
  1. The intent to touchאחד שיתכוין ליגע; whence are excluded לאפוקי תינוק שנגע דלאו בר כוונה הוא and וכן לאפוקי נפל לבור ועלה מת.
  2. Knowing that it is wineשני שידע שהוא יין.
  3. Not being occupied with something elseושלישי שלא יהא עוסק בדבר אחר.
Keep hold of the structure: these three conditions are the reading key to the seventeen seifim that follow. Whenever a case drops a degree, it is because one of these three conditions has fallen away.

2. The 3 reflex questions

■ 1. WHO touched? An adult idolater, or somebody else? The siman opens with a gallery of people who are not fully within the category: the non-Jewish child (seif 1), the גר תושב and the one circumcised but not immersed (seif 2), slaves (seifim 3 to 5), the non-idolatrous non-Jew (seifim 6-7), the משוך בערלתו and the מומר (seif 8), the אנוסים (seif 9). Each has his own settled place on the ladder of two degrees.
↓ once you know who
■ 2. HOW did he touch? With his hand, with his foot, through an object held in his hand? Was there שכשוך, that stirring which is the mark of a libation? Did he merely lift, merely pour — כח — or merely brush the vessel (seifim 11, 17, 18)?
↓ and finally, the question that decides everything
■ 3. DO THE THREE CONDITIONS still hold? Did he mean to touch? Did he know it was wine? Was he occupied with his work? As soon as a single condition falls away, the case drops a degree: the wine stays permitted for benefit, and sometimes even for drinking (seifim 12, 13, 19, 24).

3. Master grid A — who renders the wine forbidden, and on what footing

Based on seifim 1 to 9. The Mehaber does not begin with the act, he begins with the person — because one and the same act does not have one and the same effect whatever hand performs it.

WhoEffect of his touchThe decisive wordsSource
A non-Jewish child who does not yet mention idolatry 🟡 Forbidden for drinking only אינו אוסר יין במגעו אלא בשתייה שו״ע יו״ד קכ״ד:א
A גר תושב — who accepted the seven mitzvot — and one circumcised but not immersed 🟡 Forbidden for drinking only מגען אוסר בשתייה שו״ע יו״ד קכ״ד:ב
The Rama on this seif 🟢 Some are lenient even as to his touch ויש מקילין אפילו במגע גר תושב — yet אבל יין שלו ודאי אסור רמ״א יו״ד קכ״ד:ב
Slaves bought from a non-Jew, circumcised and immersed at once 🟢 Permitted for drinking מיד אין מנסכין ויין שנגעו בו מותר בשתייה שו״ע יו״ד קכ״ד:ג
Sons of maidservants born in a Jew's household, circumcised but not yet immersed — the adults 🟡 Forbidden for drinking הגדולי׳ אוסרי׳ היין בשתיי׳ במגען שו״ע יו״ד קכ״ד:ד
The same — the minors 🟢 Permitted even for drinking אבל מגע הקטני׳ מותר אפי׳ בשתיי׳ שו״ע יו״ד קכ״ד:ד
Son of a maidservant immersed for servitude 🟢 יש מי שאומר: he does not make yayin nesekh אפילו עבר רבו ולא מל אותו בין גדול בין קטן שו״ע יו״ד קכ״ד:ה
A non-Jew who is not an idolater 🟡 His wine and his touch alike: forbidden for drinking, permitted for benefit ומגען ביין שלנו שוה ליינם שאסור בשתייה שו״ע יו״ד קכ״ד:ו
Seif 7 refines this: if the prohibition came from a non-idolater who touched unintentionally, or tapped on the barrel 🟢 Permitted even for drinking או שטפח על פי החבית הרי זה מותר בשתייה שו״ע יו״ד קכ״ד:ז
A משוך בערלתו — a Jew who effaced his circumcision 🟢 He does not make yayin nesekh משוך בערלתו אינו עושה יין נסך שו״ע יו״ד קכ״ד:ח
A מומר — an apostate, even circumcised 🔴 He does make yayin nesekh by his touch ומומר אע״פ שהוא מהול עושה יי״נ במגעו ונאמן לומר ששב בתשובה שו״ע יו״ד קכ״ד:ח
The אנוסים — those converted under duress 🟢 They do not forbid by their touch The Rama: ואין אוסרין יין במגען רמ״א יו״ד קכ״ד:ט
But their word about their own wine 🔴 Not accepted, not even on oath אינן נאמנים על שלהם אפילו בשבועה אבל נאמנים על של אחרים שו״ע יו״ד קכ״ד:ט
The limit the Rama sets 🔴 One who transgresses in private too אע״פ שעשו מתחלה באונס הרי הם כעובדי כוכבים רמ״א יו״ד קכ״ד:ט, in the name of the ריב״ש
📌 Key reading: the dividing line of seifim 1 to 9 is not “Jew / non-Jew”, it is “a full idolater / not a full idolater”. The child who does not yet know the names of the idols, the גר תושב, the non-Jew who worships no idols, the immersed slave — all drop a degree for one and the same reason: libation presupposes worship, and where the worship is absent the act cannot be one. The Shach says it in a phrase about the משוך בערלתו: דניסוך אינו תלוי במילה רק בעובד עבודת כוכבים (ש״ך יו״ד קכ״ד ס״ק י״ד).

4. Master grid B — the three conditions of seif 10 and the act of seif 11

Seif 10 gives the rule in the abstract, seif 11 turns it into acts. The two are read together, since seif 11 answers the question כיצד היא הנגיעה שאוסר בה העובד כוכבים היין בהנאה.

The actRulingThe decisive wordsSource
Touching with the hand and stirring 🔴 Forbidden for benefit שיגע בידווישכשך שו״ע יו״ד קכ״ד:י״א
Touching with the foot 🔴 According to the Mehaber או ברגלו שו״ע יו״ד קכ״ד:י״א
The same, per the י״א brought in parentheses 🟡 No prohibition of benefit דאם נגע ברגלו אינו אוסר בהנאה דאין דרך נסוך בכך שו״ע יו״ד קכ״ד:י״א, in the name of the ב״י
Touching through an object held in hand, and stirring 🔴 Forbidden for benefit או בדבר אחרוישכשך שו״ע יו״ד קכ״ד:י״א
Drinking from the barrel, or sucking through a siphon 🔴 All the wine is forbidden for benefit כגון ששתה ממנוכל היין אסור בהנאה שו״ע יו״ד קכ״ד:י״א
The vessel with several spouts: Jew and non-Jew suck at once 🟢 Permitted, on one condition of order ובלבד שיפסוק הישראל קודם שיפסוק העובד כוכבים שו״ע יו״ד קכ״ד:י״א
Touching the froth rising on the wine 🔴 As touching the wine itself אם נגע ברתיחה שעל היין הוי כנוגע ביין עצמו שו״ע יו״ד קכ״ד:י״א, in the name of the מרדכי and the ב״י
Grasping an open vessel and stirring it, without lifting it or touching the wine 🔴 יש מי שאומר: forbidden אע״פ שלא הגביה ולא נגע ביין נאסר שו״ע יו״ד קכ״ד:י״ז
The Rama, in the name of most poskim 🟢 That is no שכשוך דאם שכשך בגופו של הכלי בלא הגבהה לא מקרי שכשוךולכן אין להחמיר במקום פסידא רמ״א יו״ד קכ״ד:י״ז
Lifting and pouring — without stirring, without touching 🔴 Forbidden: the wine came by his force אע״פ שלא שכשך נאסר שהרי בא היין מכחו שו״ע יו״ד קכ״ד:י״ח
Lifting only — without pouring, stirring or touching 🟢 Permitted הגביה ולא שכשך ולא נגע מותר שו״ע יו״ד קכ״ד:י״ח
Touching the vessel alone 🟢 All the more so permitted The Rama: וכ״ש שאינו אוסר בנגיעת הכלי לחוד רמ״א יו״ד קכ״ד:י״ח
⚠ The word not to be missed: שכשוך. Seif 11 does not say “he touched”, it says “he touched and stirred”. The Shach underlines it: summary — but a bare touch without stirring does not forbid for benefit, and such is the view of the טור, of רש״י and of the רמב״ם (ש״ך יו״ד קכ״ד ס״ק כ). The stirring is what imitates the gesture of a libation; without it the act lacks its meaning.

5. Master grid C — indirect נגיעה: through an object, by force, unawares

This is the liveliest half of the siman: the non-Jew has touched, but something is missing from his act. One condition of seif 10 has fallen away, and the wine drops a degree — sometimes two.

SituationWhat is missingRulingSource
He comes in looking for wine, gropes about, touches and stirs Nothing: the three conditions hold 🔴 נאסר בהנאה שו״ע יו״ד קכ״ד:י״ב
He plunges his hand in thinking it is oil The second condition — he did not know 🟡 מותר בהנאה שו״ע יו״ד קכ״ד:י״ב
His hand is seized before he withdraws it, and the barrel is drained from below The שכשוך — ולא ינידה 🟡 מותר בהנאה שו״ע יו״ד קכ״ד:י״ג
He measures the vat with a reed, or taps the fermenting barrel, or hurls a barrel into the vat in anger The first condition — he was not aiming at a libation 🟡 מותר בהנאה ואסור בשתיה שו״ע יו״ד קכ״ד:י״ט
The reason the Rama gives The proof drawn from the act itself 🟡 שבכל אלו יש הוכחה שלא כוון לנסך רק למלאכתו רמ״א יו״ד קכ״ד:י״ט
The grape treader who was watched and did not touch with his hand The third condition — he is at his work 🟡 Forbidden for drinking only רמ״א יו״ד קכ״ד:י״ט, referring to Siman 123
He plunges his hand in not knowing there is wine, then learns and withdraws at once The second condition, at the decisive moment 🟡 מותר בהנאה רמ״א יו״ד קכ״ד:י״ט
He falls into the vat and is drawn out dead Intent: a dead man willed nothing 🟡 מותר בהנאה. ואסור בשתיה שו״ע יו״ד קכ״ד:כ
He comes out alive Nothing: he had time to will it 🔴 אבל עלה חי אסור בהנאה שו״ע יו״ד קכ״ד:כ
He pulls out a Jew who fell into the vat, another Jew watching Every harm in the act 🟢 מותר אפילו בשתייה שו״ע יו״ד קכ״ד:כ״א
The rule the Rama draws from it Touching by way of a person is no touch 🟢 ולא מקרי נגיעה מה שנוגע ע״י אדם רמ״א יו״ד קכ״ד:כ״א, in the name of the ריב״ש
The lulav brushing the wine as he comes down the palm, the hem of a garment while walking Intent, and an object intervenes 🟢 מותר אפילו בשתייה שו״ע יו״ד קכ״ד:כ״ד
He aims at the object but does not know it is wine The second condition 🟢 Permitted even for drinking שו״ע יו״ד קכ״ד:כ״ד
He touches the skin from outside, even when it is part empty and its walls meet This is not the manner of a libation 🟢 שאין דרך ניסוך בכך שו״ע יו״ד קכ״ד:כ״ה
📌 Key reading: there are two rungs of descent, and they must not be confused. A touch with the hand unawares drops one degree: forbidden for drinking, permitted for benefit. A touch through an object unawares drops two: permitted even for drinking. The Shach states it word for word: summary — unawares there is a distinction between touching with the hand and touching through an object; with the hand he forbids for drinking, through an object it is permitted (ש״ך יו״ד קכ״ד ס״ק י״ט).

6. The barrel: the ברזא, the crack, the hole and the siphon

Seven seifim — 14, 15, 16, 22, 23, 26 and 27 — leave the theory for the cellar. The thread is always the same: how far did the non-Jew's hand reach into the wine, and did the wine come by his force?

The act on the barrelRulingThe decisive wordsSource
The ברזא is removed and he pushes his finger in as far as the wine 🔴 All of it is forbidden עד שנגע ביין כולו אסור שו״ע יו״ד קכ״ד:י״ד
He pulls out a ברזא that reached the wine 🔴 Forbidden שא״א שלא שכשך — it is impossible that he did not stir שו״ע יו״ד קכ״ד:י״ד
The Rama: but if he did not know that the ברזא goes through 🟢 A touch through an object unawares דמותר אפילו בשתייה רמ״א יו״ד קכ״ד:י״ד
The ברזא does not go through the whole thickness: what stays in the barrel 🟢 Permitted even for drinking הוי כמו כחו — this is no more than his force שו״ע יו״ד קכ״ד:י״ד
A deranged non-Jew, and the wine is found running out 🟢 מותר אפילו בשתיה He is no בר ניסוך: we ascribe it to chance שו״ע יו״ד קכ״ד:ט״ו
He jiggles a long ברזא that reaches into the wine, loosely fitted 🔴 The wine is forbidden by that jiggling נאסר היין בנדנוד זה שו״ע יו״ד קכ״ד:ט״ז
The same, tightly fitted 🟢 אבל אם היתה מהודקת בחזקה מותר Nothing could have stirred שו״ע יו״ד קכ״ד:ט״ז
The barrel split lengthwise, which he clasps to hold the shards together 🟡 הרי זה מותר בהנאה He holds the clay, not the wine שו״ע יו״ד קכ״ד:כ״ב
Split across, and he presses with his hand to stop the leak 🟢 Permitted for drinking אלא מעשה לבינה בעלמא קא עביד — he acts as a brick שו״ע יו״ד קכ״ד:כ״ב
The hooped wooden barrel, even split lengthwise 🟢 Permitted for drinking The hoops hold the barrel, not his hand שו״ע יו״ד קכ״ד:כ״ב
A hole in the side: he lays his hand on it to keep the wine in — what is above the hole 🔴 Forbidden for benefit All that would have run out but for his hand counts as touched שו״ע יו״ד קכ״ד:כ״ג
The same case — what is below the hole 🟡 מותר בהנאה ואסור בשתייה It would not have run out anyway שו״ע יו״ד קכ״ד:כ״ג
The Rama: no Jew was there to save the wine, and the non-Jew runs up 🟡 All is permitted for benefit לא גרע ממדדו בידו מאחר דבמלאכתו הוא עוסק רמ״א יו״ד קכ״ד:כ״ג
The bent siphon that would have emptied the whole barrel, whose mouth he stops 🔴 The whole barrel is forbidden for benefit ונמצא הכל כבא מכחו רמ״א יו״ד קכ״ד:כ״ג
He touches only the stream running in the spout 🟡 The stream is forbidden by נצוק; the rest הוי נצוק בר ניצוק ומותר אף בשתייה רמ״א יו״ד קכ״ד:כ״ג
The loose ברזא that he tightens 🟢 מותר אפי׳ בשתייה He tightens, he does not open שו״ע יו״ד קכ״ד:כ״ו
The seeping barrel: how to call in the non-Jewish craftsman 🟡 The Jew holds the tow, the craftsman drives it in יקח ישראל הנעורת בידו ויניחנה כנגד הנקב שו״ע יו״ד קכ״ד:כ״ז
And the preferable way 🟢 Stop the flow first והרוצה לעשות מן המובחר יהדק החבית בחבל שו״ע יו״ד קכ״ד:כ״ז
⚠ The dividing line of the barrel: always ask where the non-Jew's object stops. If it reaches the wine — finger, long ברזא, siphon — that is a full touch, and the prohibition runs back over everything his hand held in. If it stops within the thickness of the wall — a short ברזא, a hand on the hole, an embrace of the split barrel — there is only כח, and the wine left inside is untouched. The same question governs seifim 14, 22, 23 and 27.

7. The Rama's reversal — בזמן הזה, and the Shach's במקום הפסד

The first twenty-three seifim describe a world of idolaters. The Rama, at seif 24, says in one line that this is no longer his world — and that line changes the practical reading of the whole siman.

⚖ The Rama's line, seif 24

ובזמן הזה דהאומות לאו עובדי עבודת כוכבים הם כל מגען מיקרי שלא בכוונה (רמ״א יו״ד קכ״ד:כ״ד, in the name of the מרדכי, the הגהות אשיר״י and the מהרי״ו).

Three consequences, which the Rama draws himself:
  1. Touching through an object, even knowing it is wine and meaning to touch it — permitted even for drinking, because that counts as a touch through an object unawares.
  2. Touching with the hand without meaning to touch, or without knowing it is wine — permitted.
  3. And at once a reserve of halakhic modesty: ואין לפרסם הדבר בפני עם הארץ.
💡 The second register — the Shach's: alongside the Rama's reversal there runs, all through the siman, a second formula that recurs a dozen times under the Shach's pen: summary — for us it is permitted for benefit where there is a loss (ש״ך יו״ד קכ״ד ס״ק כ״ג, כ״ו, ל״א). And sometimes further still: summary — for us it is permitted even for drinking where there is a loss (ש״ך יו״ד קכ״ד ס״ק מ״ט, נ״ה). The ד״מ, quoted by the Shach, adds that the loss need not be large: summary — the עט״ז wrote “a considerable loss”, but it seems to him that a slight loss is the same, since this is a rabbinic prohibition (ש״ך יו״ד קכ״ד ס״ק נ).
⚠ Do not conflate the two leniencies. The Rama's rests on the nature of the nations today and applies always, whether or not there is a loss. The Shach's rests on material loss and applies only in that case. They do not overlap, they are layered — which is why the Shach goes on writing במקום הפסד about cases that the Rama, elsewhere, permits outright.

8. The 7 golden rules

  1. Always ask “to what degree”. Forbidden for drinking and forbidden for benefit are two distinct rulings; nearly every seif does no more than place a case on that ladder (שו״ע יו״ד קכ״ד:ו).
  2. Three conditions for the grave degree — the intent to touch, knowing it is wine, not being occupied elsewhere. One of them falling away is enough to drop a degree (שו״ע יו״ד קכ״ד:י).
  3. Touching is not enough: there must be stirring. Seif 11 says וישכשך, and the Shach draws from it that a bare touch without stirring does not forbid for benefit (ש״ך יו״ד קכ״ד ס״ק כ).
  4. Force counts as the hand. Lifting and pouring forbids with no touch at all, שהרי בא היין מכחו — but lifting without pouring does nothing (שו״ע יו״ד קכ״ד:י״ח).
  5. Through an object one drops twice. Unawares, the hand leaves the wine permitted for benefit; an object leaves it permitted even for drinking (שו״ע יו״ד קכ״ד:כ״ד; ש״ך יו״ד קכ״ד ס״ק י״ט).
  6. One busy at his work pours no libation. Measuring, tapping, treading, saving wine that is running to waste: the act carries within it the proof of its motive (שו״ע ורמ״א יו״ד קכ״ד:י״ט).
  7. בזמן הזה, all their touch is deemed unintentional — and one does not publicise it before those who will not read it rightly (רמ״א יו״ד קכ״ד:כ״ד).

9. Mnemonic — the aid « נגיעה »

נ-ג-י-ע-ה — the five letters of the word נגיעה
The ladder of the act — from gravest to most harmless

10. The 6 classic pitfalls

❌ Pitfall 1 — Rendering נגיעה as “contact” and stopping there: seif 11 requires שכשוך, a stirring. A finger laid on and taken off is not yet the act the halacha has in view. Conversely, seif 18 forbids where there was no touch at all, because the wine came מכחו. So the nature of the contact settles nothing in either direction: it is the whole act that is judged.
❌ Pitfall 2 — Thinking that “unawares” always means the same thing: there are two rungs. Unawares with the hand: forbidden for drinking, permitted for benefit. Unawares through an object: permitted even for drinking. The Shach lays this down expressly (ש״ך יו״ד קכ״ד ס״ק י״ט), and the whole of seif 24 depends on it.
❌ Pitfall 3 — Forgetting the third condition: שלא יהא עוסק בדבר אחר. It carries the whole of seif 19 — measuring, tapping, treading, hurling a barrel in anger — and the Rama takes it up again at seif 23 for the non-Jew who runs to save wine that is running to waste. But the Shach at once sets the limit: summary — only what the gemara and the poskim have expressly named טירדא; other cases are not to be permitted by mere estimation (ש״ך יו״ד קכ״ד ס״ק נ״ד). The Mehaber says as much on his own side: ואין לך בו אלא מה שאמרו חכמים.
❌ Pitfall 4 — Taking seif 17 for settled law: the יש מי שאומר that forbids as soon as an open vessel is stirred without being lifted is contradicted at once by the Rama in the name of the רשב״א, the ראב״ד, the רא״ש and ר׳ ירוחם — ולכן אין להחמיר במקום פסידא. A יש מי שאומר of the Mehaber is not always the received position.
❌ Pitfall 5 — Confusing the two split barrels of seif 22: split lengthwise and clasped, the wine stays permitted for benefit only; split across and pressed with the hand, it is permitted for drinking, because his hand there does no more than the office of a brick laid on the barrel. Two cracks, two rulings.
❌ Pitfall 6 — Thinking that seif 24 excuses one from learning the rest: the Rama's reversal bears on the characterisation of intent, not on the categories. The degrees, שכשוך, כח, נצוק and the line of the barrel wall remain the grammar of the subject — which is why the Rama himself adds ואין לפרסם הדבר בפני עם הארץ.

For halacha le-ma'aseh, consult your Rav.

11. Recap of the 27 seifim — one line each

📐 A note on the count: the heading of the siman announces ובו כ״ו סעיפים — twenty-six —, yet the body carries twenty-seven, and it is that numbering which the internal references of the ש״ך and of the Rama follow. The actual count is what governs; do not rely on the figure in the heading.
SeifSubjectThe essential
1The non-Jewish childA non-Jewish child who does not yet mention idolatry and its appurtenances does not forbid the wine by his touch — except for drinking.
2גר תושב and one circumcised but not immersedA גר תושב, that is, one who has taken upon himself the seven mitzvot, and likewise a convert circumcised but not immersed: their touch forbids for drinking. Rama: as long as he has not immersed properly he is called not immersed; some are lenient even about the touch of a גר תושב; but his own wine is certainly forbidden.
3Slaves bought and convertedOne who buys slaves from a non-Jew, circumcises and immerses them at once: they do not pour libations, and wine they have touched is permitted for drinking, even though they have not yet taken on the practices of Israel and the names of the idolatries have not ceased from their mouths.
4Sons of maidservants, circumcised but not immersedThe sons of non-Jewish maidservants born in a Jew's household, circumcised and not yet immersed: the adults forbid the wine for drinking by their touch, but the touch of the minors is permitted even for drinking, since they have been circumcised even though they have not yet immersed.
5The maidservant immersed for servitudeIf the maidservant immersed for the sake of servitude, יש מי שאומר that her son does not make yayin nesekh — even if his master neglected to circumcise him, whether adult or minor.
6The non-idolatrous non-JewAny non-Jew who does not worship idols: his wine is forbidden for drinking and permitted for benefit, and his touch of our wine has the same status as his wine — forbidden for drinking.
7When the prohibition comes from a non-idolaterיש מי שאומר: all that was said of our wine being permitted for benefit and forbidden for drinking on account of a touch applies where the non-Jew was an idolater; but if the prohibition came from a non-idolater who touched unintentionally or tapped on the mouth of the barrel, it is permitted for drinking — and so in every like case.
8משוך בערלתו and מומרA משוך בערלתו does not make yayin nesekh; a מומר, even if circumcised, does make yayin nesekh by his touch — and he is believed if he says he has returned in repentance.
9The אנוסיםThe forced converts: even the best among them cannot keep clear of contact with non-Jews; being suspect, they are not believed about their own wine, even on oath, but are believed about another's. Rama: and they do not forbid wine by their touch — meaning those who still dwell among non-Jews, transgress in public under duress, are careful in private, and could flee but delay for money or the like; but those who transgress in private too, even though they began under duress, are as non-Jews.
10The three conditionsFor a non-Jew's touch to forbid for benefit, three conditions are needed: (1) that he intend to touch — excluding a child who touched, who is not capable of intent, and one who fell into the vat and came up dead; (2) that he know it is wine; (3) that he not be occupied with something else.
11Which touch forbidsThe touch that forbids for benefit: with his hand or his foot — the Rama brings the י״א that the foot does not forbid for benefit, that being no manner of libation — or through an object in his hand, and he stirs; even with his mouth, if he drank from it or sucked through a siphon: all the wine is forbidden for benefit. Even so, from a vessel with spouts a Jew may suck at one spout and a non-Jew at another at the same time, provided the Jew stops first. And touching the froth rising on the wine is as touching the wine itself.
12The non-Jew looking for wineA non-Jew who entered a Jew's house or shop to look for wine, put out his hand while searching, touched the wine and stirred it: forbidden for benefit. If it was mixed with other wine, the value of the stirred wine is forbidden for benefit and the rest permitted. But if he put his hand into a barrel thinking it was oil and it turned out to be wine: permitted for benefit.
13The hand seized in the barrelOne who put his hand into a barrel of wine (to take out something that had fallen in) and whose hand was seized before he withdrew it, without his moving it, and the barrel was opened from below until the wine ran out and fell below his hand: permitted for benefit.
14The barrel's ברזאA barrel whose ברזא was removed and into which a non-Jew put his finger until he touched the wine: all is forbidden; and likewise if he pulled out the ברזא that reached the wine, since it is impossible that he did not stir. Rama: this is where he knew that the ברזא passes through the whole base; if he did not know, it is a touch through an object unawares, permitted even for drinking. But if it does not pass through the whole thickness, so that he cannot stir, it is only his force: what remains in the barrel is permitted even for drinking, and what came out is forbidden for drinking — and if he pulled it out unawares, even what came out is permitted.
15The deranged non-JewA deranged non-Jew who entered a house with a barrel of wine, a Jew entering after him and finding the wine running out through the ברזא hole: permitted even for drinking.
16The jiggled ברזאIf he jiggled the ברזא and no wine came out, and the ברזא is long, passes through the wall and reaches into the wine: if it is not tightly fitted, the wine is forbidden by that jiggling; but if it was tightly fitted, permitted.
17Stirring an open vesselיש מי שאומר: if a non-Jew grasped an open vessel of wine and stirred it, even without lifting it or touching the wine, it is forbidden. Rama: many disagree and say that stirring the body of the vessel without lifting is not called stirring — so one should not be stringent where there is a loss.
18Lifting and pouring — the law of כחA non-Jew who took a vessel of wine, lifted it and poured: even without stirring, forbidden, for the wine came by his force. Lifted without stirring or touching: permitted. Rama: and all the more so he does not forbid by touching the vessel alone.
19One occupied with his workA non-Jew who measured with a reed the vat holding wine, or was tapping the mouth of the fermenting barrels so that the fermentation should settle, or took a barrel and hurled it into the vat in his anger: permitted for benefit and forbidden for drinking. Rama: in all these there is proof that he did not intend a libation but his work. And י״א that even measuring with his hand does not forbid for benefit, since he is at his work — and one may be lenient where there is a loss. Likewise the grape treader who was watched and seen not to touch with his hand: forbidden for drinking only. Likewise one who put his hand in not knowing there was wine there — and even if he came to know, if he withdrew it at once. And one is not to compare one matter to another in these things: you have only what the Sages said.
20Fallen into a vat of wineA non-Jew who fell into a vat of wine and was brought up dead: permitted for benefit and forbidden for drinking. But if he came up alive: forbidden for benefit. Rama: and the same if he stumbled and rolled into the wine and rolled out again, being under duress to the very end.
21The Jew pulled out of the vatA Jew who fell into a vat of wine, whom a non-Jew took by the hand and drew out, another Jew being there to watch that he did not touch the wine: permitted even for drinking. Rama: and what one touches by way of a person is not called a touch.
22The split barrelA barrel split lengthwise, which a non-Jew hurried to clasp so that the shards should not come apart: permitted for benefit. But if it split across and he laid his hand on it and bore down until he tightened it and stopped the wine from coming out: permitted for drinking, since he neither touches nor presses the wine of the barrel but merely does the work of a brick laid on the barrel to weigh it down. And in a hooped wooden barrel, even split lengthwise and clasped by a non-Jew, permitted for drinking.
23The hand on the hole, and the siphonA barrel with a hole in its side whose plug slipped out, and the non-Jew laid his hand on the place of the hole so that the wine should not come out: all the wine from the top of the barrel down to the hole is forbidden for benefit, and from the hole downward permitted for benefit and forbidden for drinking. Rama: and he shall sell it all except the value of the wine forbidden for benefit; and this is where a Jew was there to save it — but if no Jew was there and the non-Jew came to save it, it is no worse than measuring with his hand, and all is permitted for benefit. All this concerns only a hand laid on the hole or a short ברזא; but if he put in his finger or a long ברזא, all is forbidden for benefit. And where a bent siphon would have drawn out all the wine and he set his finger on its mouth and stopped the wine from running down: all the wine in the barrel is forbidden for benefit, since it would all have come out but for his hand, so that it all turns out to come by his force. But if he touched only the stream standing in the spout, that is forbidden because of נצוק, and all the rest of the wine is נצוק בר ניצוק and permitted even for drinking.
24Touch through an object — and בזמן הזהA touch through an object and unawares — he was coming down from the palm with a lulav in his hand and brushed the wine with its tip, or was walking and touched it with the hem of his garment — or he meant to touch through an object but does not know it is wine: permitted even for drinking. Rama: and the same if he put in or drew out a ברזא unawares. And in our time, the nations not being idolaters, all their touch is deemed unintentional: therefore touching through an object, even knowing it is wine and meaning to touch it, is permitted even for drinking; and likewise touching with the hand without intending contact, or without knowing it is wine. But the matter is not to be publicised before an עם הארץ. And wine lying in a public place which non-Jews pierced with a knife to draw wine out: what came out is forbidden and what is inside permitted, since they meant only to pierce the barrel.
25A skin touched from outsideA skin holding wine that a non-Jew touched from outside: even if it is part empty and its walls meet one another, permitted even for drinking, since that is not the manner of a libation.
26The loose ברזא tightenedA ברזא that was loose in the barrel, which a non-Jew came and tightened: permitted even for drinking.
27The seeping barrel, and touching out of spiteA wooden barrel that drips or seeps: let the Jew take the tow in his hand and hold it against the hole so that the wine is somewhat kept from coming out, and let a non-Jewish craftsman come and drive it in with a knife until it seals well; and if the wine seeps heavily, one must take all the more care that the non-Jew not touch the wine with his hand — with a knife, after the fact, it is permitted. And one who wishes to act in the choicest way shall bind the barrel with a rope, stop the flow of the wine, and only then have it mended. Rama: a non-Jew who touched a Jew's wine out of spite, in order to forbid it to him — even if this is known only by convincing circumstantial signs — the wine is permitted even for drinking; and it should be drunk in his presence, so that they not make a habit of it.

12. Final flash card

QuestionReflex answerSource
How many conditions for a prohibition of benefit?Three: to mean to touch, to know it is wine, not to be occupied elsewhereשו״ע יו״ד קכ״ד:י
A non-Jewish child touched the wine?Forbidden for drinking only — he is not capable of intentשו״ע יו״ד קכ״ד:א, י
A circumcised מומר touched?He makes yayin nesekh — and he is believed if he says he has returnedשו״ע יו״ד קכ״ד:ח
He touched but did not stir?No prohibition of benefit: seif 11 requires שכשוךש״ך יו״ד קכ״ד ס״ק כ
He lifted the vessel and poured?Forbidden — the wine came by his forceשו״ע יו״ד קכ״ד:י״ח
He only lifted it?Permitted: no stirring, no touch, no pouringשו״ע יו״ד קכ״ד:י״ח
He thought it was oil?The second condition falls: permitted for benefitשו״ע יו״ד קכ״ד:י״ב
He was measuring the vat with a reed?He is at his work: permitted for benefit, forbidden for drinkingשו״ע יו״ד קכ״ד:י״ט
He fell into the vat?Came up dead: permitted for benefit. Came up alive: forbidden for benefitשו״ע יו״ד קכ״ד:כ
He pushed his finger through the ברזא hole?All is forbidden — he reached the wineשו״ע יו״ד קכ״ד:י״ד
He laid his hand on the hole to hold the wine in?Above the hole: forbidden for benefit. Below: permitted for benefitשו״ע יו״ד קכ״ד:כ״ג
He touched a barrel split across?Permitted for drinking: his hand is no more than a brickשו״ע יו״ד קכ״ד:כ״ב
He tightened a loose ברזא?Permitted even for drinkingשו״ע יו״ד קכ״ד:כ״ו
He touched through an object, unawares?Permitted even for drinkingשו״ע יו״ד קכ״ד:כ״ד
And today, what is the Rama's principle?The nations not being idolaters, all their touch is deemed unintentionalרמ״א יו״ד קכ״ד:כ״ד
He touched deliberately in order to forbid the wine?Permitted even for drinking — and it is drunk in his presenceרמ״א יו״ד קכ״ד:כ״ז

⚖ The reflex in 3 questions

  1. Who? A full idolater, or one of the figures of seifim 1 to 9 — a child, a גר תושב, an immersed slave, a non-idolater, an אנוס? The person already fixes the highest degree that can be reached.
  2. What act? A touch with שכשוך, pouring by כח, a bare lifting, contact through an object, a hand on a hole? The act fixes the actual degree.
  3. Has a condition fallen away? No intent, no knowledge, busy at his work — and one drops a degree, two if it was through an object.
For halacha le-ma'aseh, consult your Rav.

🎓 Recap of the study path

LevelContentWhat you gain
🌱 Level 1 — Basics The text of the 27 seifim, translation, step-by-step explanation Overall understanding
Level 2 — Lamdan The definition of נגיעה — intent, knowledge and טירדא, שכשוך against כח, touch through an object, and the reversal of בזמן הזה In-depth study
Level 3 — Synthesis Three master grids, golden rules, mnemonic, pitfalls, recap of the seifim Practical mastery + review
📜 Level 4 — Halacha le-ma'aseh The practical ruling according to the ש״ך, the ט״ז, the פתחי תשובה and the poskim Contemporary application
💡 Suggested next steps:
📖 Sources of this siman on Sefaria:
~ ~ ~ ~ ~
DAAT · הרב יוסף חיים סממה
תלמיד חכם · מעביר שיעורים בהלכה ובחסידות
סימן קכ״ד · Level 3 — Synthesis / Review · מי הוא העושה יין נסך ודיני נגיעת העובד כוכבים בחבית
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