• נתפס עליו כגנב, אית ליה לאישתמוטי

The Gemara relates numerous incidents in which an עכו"ם was found alone with a Jew’s wine. Once, in a Jew’s inn which housed barrels of wine, an עכו"ם was found sitting among the barrels. Rav ruled:אם נתפס עליו כגנב – if he would be seized because of it as a thief (i.e., he would have no excuse for touching the Jew’s wine), the wine is permitted, because his fear of being caught prevents him from doing ניסוך. If he would not be considered a thief for touching the wine, it is prohibited. Another incident involved a house in which a Jew’s wine was stored, and an עכו"ם was found inside among the barrels. Rav ruled: אי אית ליה לאישתמוטי – if he has an excuse for entering the house (so he would not be presumed a thief), the wine is prohibited. Rashi explains that although he has no excuse for touching the wine, his entering the house indicates that he intended to be מנסך it. However, if he has no excuse for entering the house, the wine is permitted, for although his entering may indicate a desire for be מנסך, he would be too anxious about being discovered to do so.

• If טהרות are stricter than יין נסך

A woman once gave the key to her wine store to an idolatress. Rebbe Yitzchak reported a ruling from Rebbe Elazar in a similar incident: לא מסרה לה אלא שמירת מפתח בלבד – she entrusted her with nothing but guarding the key, but gave no permission for the idolatress to enter her store, so the wine is permitted. Abaye supported this from a Mishnah, which taught that if one gave his keys to an am haaretz, his tahor items remain tahor, because he only entrusted him with guarding the key. Abaye concluded, if one’s טרהות remain tahor in such a case, is it not obviously so regarding יין נסך as well? The Gemara infers from Abaye’s language that טהרות are stricter than יין נסך. This is supported from a machlokes about a chatzeir belonging to a חבר and an am haaretz, which was divided with a low boundary marker. Rav said that his טהרות are considered tamei, because the am haaretz may have touched them (despite the boundary marking), but in a parallel case with an עכו"ם, the Jew’s wine would not be considered יין נסך. Rebbe Yochanan says even the טהרות remain tahor. Rav’s position demonstrates that the standards for טהרות are stricter.

• Wine in a city entered by soldiers

The next Mishnah states: בולשת שנכנסה לעיר – if a legion of soldiers entered a city, בשעת שלום – if it was during peacetime, חביות פתוחות אסורות סתומות מותרות – the open barrels are prohibited, and the sealed ones are permitted. Since it was peacetime, they had time to perform ניסוך with wine from the open barrels (the sealed barrels were presumably not opened, since soldiers would not bother to reseal barrels). בשעת מלחמה – However, if they came during wartime, both types of barrels are permitted, לפי שאין פנאי לנסך – because there is no time during a war to make libations. The Gemara asks that this Mishnah contradicts another about a city which was conquered by an army. It teaches that all Kohanim’s wives are forbidden to their husbands, out of a concern they were violated by the conquering soldiers. This proves that even during wartime, the soldiers have time for other activities!? Rav Mari answers: לנסך אין פנאי – To pour libations, there is no time, לבעול יש פנאי – but to have relations, there is time, since their desire for it is greater.

Siman – Eye Doctor. After the eye doctor had his patient look at a picture of a Jew’s inn and try to spot the idolater found sitting among the barrels of wine, and then view a picture of a Jew standing outside the door where he kept his taharos and find the key he entrusted to am ha’aretz, he tested him by looking at a picture of a legion of soldiers entering a city during peacetime and count the open barrels of wine that became יין נסך.