Translation:Shulchan Aruch/Yoreh Deah/131

The Law of Kosher Wine Made in the Authority of a Gentile

Contains Two Seif

A Jew who made the wine of a Gentile in purity so that it would be permissible for a Jew, whether he sold it to a Jew and did not pay him money, or whether he did not sell it to him but he purifies it in order to sell it through Jews, if a Jew placed it in the courtyard of that Gentile himself and the Jew lives in the courtyard, it is permitted even without a seal, even if the Gentile also lives there. And if there is no Jew living in that courtyard, if a Jew lives in that city and the house where the wine is is open to the public domain, it is permitted if the Jew has a key and a seal (and post facto, even with one seal as explained above in section 130).

And if the house is not open to the public domain, even though a Jew lives in the city or in a city that is entirely Gentiles, even if the house is open to the public domain, it is forbidden even with a seal within a seal until a Jew is sitting and guarding and going in and out; he is considered as sitting and guarding. This applies when the wine is in the house of the Gentile owner, but if it was placed in the house of another Gentile, it is permitted with a key and a seal, provided that the other Gentile is not subordinate to the Gentile owner of the wine, for if he is subordinate to him in a way that if he comes to touch the wine, he is not permitted to protest against him, it is as if he is in the authority of the owner of the wine. And if Jewish merchants are accustomed to come to the city and it does not have a wall, doors, and a lock in a way that they can come there at any time they wish, it is considered as if Jews live there. And if the house is open to garbage or there is in the courtyard opposite the entrance of the house a window open to the public domain, or if there is a palm tree of a Jew opposite the entrance of the house, it is considered as open to the public domain. (And it has already been explained at the end of section 130 that an open window is only effective during the day and not at night) (Rav Avraham ben David and the gloss of Asher ben Yechiel from Mahari"ch in the chapter of Rabbi Yishmael and Tosafot there).

And if the Gentile wrote to the Jew "I have received," if when the Jew comes to take it out, he does not prevent him, it is as if it is his wine and permitted with a key and a seal (and post facto, even with one seal) even in a city that is entirely Gentiles. And if when the Jew comes to take it out, he does not allow him until he gives him his money, his status is as if he did not write "I have received."

Gloss: And there are those who say that with a seal within a seal it is permitted in all matters (Tur in the name of the author of the Terumot) and one can rely on it to permit it for benefit but not for drinking (Ran in a response):

Gentiles who buy wine from a Jew and seal it with a seal within a seal and carry it for several days on a ship alone, it is permitted:

Gloss: A Jew and a Gentile who purified the wine of a Gentile together in partnership and the key is in the hand of the Jew, if there is another seal on the wine, it is considered a seal within a seal as explained above in section 130, and we do not worry about the partnership with the Gentile (Response of Rashba and see Beit Yosef at the end of section 130).