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Kosher Wine: Yayin Nesech, Stam Yeinam, and Maga Akum: Difference between revisions
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Kosher Wine: Yayin Nesech, Stam Yeinam, and Maga Akum (view source)
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=What's Subject to the Prohibition= | =What's Subject to the Prohibition= | ||
==Mevushal and Mefustar== | ==Mevushal and Mefustar== | ||
# The Chachamim did not include cooked wine in their Gezeirah, because it's not fit for idol worship.<ref>Shulchan Aruch Yoreh Deah 123:3</ref> While the [[Geonim]] define "cooking" for these purposes as boiling, the [[Yerushalmi]] says some of the wine must evaporate. Some say that they're one and the same and boiling is really sufficient, while others require a change of taste and/or minimizing of alcohol content. Therefore, Rav Shlomo Zalman Auerbach<ref>Shu"t Minchat Shlomo Kamma Siman 25</ref> and Rav Ben Tzion Abba Shaul<ref>Shu"t Ohr LeTzion vol. 2 20:18 (not 20:19, as is often mistakenly cited)</ref> argue that pasteurization cannot be considered cooking, because the vapor is mixed right back into the wine; Rav Moshe Feinstein<ref>Shu"t Iggerot Moshe Yoreh Deah vol. 3 Siman 31</ref> and Rav Ovadia<ref>Yabia Omer vol. 8 Yoreh Deah 15 and vol. 9 Orach Chaim 108:134</ref> claim boiling is what it hinges on and evaporation is just a sign of it but not necessary. Rav Moshe Feinstein and Rav Ovadia require pasteurization to a temperature exceeding or 175˚ F, respectively, and the Tzelemer Rav | # The Chachamim did not include cooked wine in their Gezeirah, because it's not fit for idol worship.<ref>Shulchan Aruch Yoreh Deah 123:3</ref> While the [[Geonim]] define "cooking" for these purposes as boiling, the [[Yerushalmi]] says some of the wine must evaporate. Some say that they're one and the same and boiling is really sufficient, while others require a change of taste and/or minimizing of alcohol content. Therefore, Rav Shlomo Zalman Auerbach<ref>Shu"t Minchat Shlomo Kamma Siman 25</ref> and Rav Ben Tzion Abba Shaul<ref>Shu"t Ohr LeTzion vol. 2 20:18 (not 20:19, as is often mistakenly cited)</ref> argue that pasteurization cannot be considered cooking, because the vapor is mixed right back into the wine; Rav Moshe Feinstein<ref>Shu"t Iggerot Moshe Yoreh Deah vol. 3 Siman 31</ref> and Rav Ovadia<ref>Yabia Omer vol. 8 Yoreh Deah 15 and vol. 9 Orach Chaim 108:134</ref> claim boiling is what it hinges on and evaporation is just a sign of it but not necessary. Rav Moshe Feinstein and Rav Ovadia require pasteurization to a temperature exceeding or 175˚ F, respectively, and the Tzelemer Rav insisted on a minimum 190˚ F. On this basis OU permits wines that undergo flash pasteurization to be labeled either as mevushal or mifustar.<ref>[https://oukosher.org/publications/mifustar-is-it-mevushal/ MIFUSTAR – IS IT MEVUSHAL? (Daf HaKashrus, by Rav Eli Gersten)]. See [http://www.hebrewbooks.org/pdfpager.aspx?req=21867&st=&pgnum=108 Shu"t Shema Shlomo (vol 3 Yoreh Deah Siman 6)].</ref> | ||
==Other Grape Products== | ==Other Grape Products== | ||
# Even though grape seeds are subject to the prohibition and one cannot get benefit from them for twelve months until they dry and are then washed<ref>Shulchan Aruch Yoreh Deah 123:14</ref>, grape seed ''oil'' is not subject to Stam Yeynam.<ref>Shu"t Chatam Sofer (Yoreh Deah 117), Shu"t Yabia Omer (vol. 7 Yoreh Deah Siman 11). Reasons include that it's changed from its original form, dried beforehand, might not have had Hamshachah, and there's no taste of the wine in the oil, which is extracted alone. Rav Hershel Schachter questions if factory storage counts towards twelve months, and Rav Yisroel Belsky requires that we ascertain that the Kelim were kashered properly. ([https://oukosher.org/content/uploads/2013/02/Daf_17-8c.pdf Lo Basi Ela LeOrer: Byproducts of Wine (Daf ha-kashrus Iyar 5769/ May 2009 Vol. 17 / No. 8)])</ref> | # Even though grape seeds are subject to the prohibition and one cannot get benefit from them for twelve months until they dry and are then washed<ref>Shulchan Aruch Yoreh Deah 123:14</ref>, grape seed ''oil'' is not subject to Stam Yeynam.<ref>Shu"t Chatam Sofer (Yoreh Deah 117), Shu"t Yabia Omer (vol. 7 Yoreh Deah Siman 11). Reasons include that it's changed from its original form, dried beforehand, might not have had Hamshachah, and there's no taste of the wine in the oil, which is extracted alone. Rav Hershel Schachter questions if factory storage counts towards twelve months, and Rav Yisroel Belsky requires that we ascertain that the Kelim were kashered properly. ([https://oukosher.org/content/uploads/2013/02/Daf_17-8c.pdf Lo Basi Ela LeOrer: Byproducts of Wine (Daf ha-kashrus Iyar 5769/ May 2009 Vol. 17 / No. 8)])</ref> | ||
# Grape seed extract made of seeds needs a Hashgacha to ensure it was removed within twenty-four hours sine crushing.<ref>[https://oukosher.org/content/uploads/2013/02/Daf_17-8c.pdf Lo Basi Ela LeOrer: Byproducts of Wine (Daf ha-kashrus Iyar 5769/ May 2009 Vol. 17 / No. 8)]</ref> | # Grape seed extract made of seeds needs a Hashgacha to ensure it was removed within twenty-four hours sine crushing.<ref>[https://oukosher.org/content/uploads/2013/02/Daf_17-8c.pdf Lo Basi Ela LeOrer: Byproducts of Wine (Daf ha-kashrus Iyar 5769/ May 2009 Vol. 17 / No. 8)]</ref> | ||
# Tartaric Acid, a byproduct of winemaking (Tamtzit SheNikrash), is permitted after rinsing off of sediment or waiting twelve months, but nowadays, since it's refined to remove all impurities, is immediately acceptable.<ref>See Shiurei Bracha Yoreh Deah 123:13 about Potassium bitartrate), [https://oukosher.org/content/uploads/2013/02/Daf_17-8c.pdf Lo Basi Ela LeOrer: Byproducts of Wine (Daf ha-kashrus Iyar 5769/ May 2009 Vol. 17 / No. 8)]</ref> | # Tartaric Acid, a byproduct of winemaking (Tamtzit SheNikrash), is permitted after rinsing off of sediment or waiting twelve months, but nowadays, since it's refined to remove all impurities, is immediately acceptable.<ref>See Shiurei Bracha Yoreh Deah 123:13 about Potassium bitartrate), [https://oukosher.org/content/uploads/2013/02/Daf_17-8c.pdf Lo Basi Ela LeOrer: Byproducts of Wine (Daf ha-kashrus Iyar 5769/ May 2009 Vol. 17 / No. 8)]</ref> | ||
# Maga Akum can only prohibit wine, not vinegar, but if the vinegar had been touched while it was still wine, the fermentation does not remove the Issur. Some were concerned that one would mistake vinegar for wine that's still fermenting, but, aside for situations that require heavier safeguards against intermarriage, the halacha assume vinegar is vinegar and not subject to Maga Akum.<ref>Shulchan Aruch Yoreh Deah 123:6</ref> If the vinegar bubbles intensely when poured, one can assume it has been vinegar for at least three days and any contact with Non-Jews is irrelevant.<ref>Shulchan Aruch Yoreh Deah 123:7</ref> Some claim that modern day vinegar is not the same vinegar as in the times of the Talmud, because even industrial vinegar does not bubble as described.<ref>[https://oukosher.org/blog/consumer-kosher/does-wine-vinegar-present-a-concern-of-stam-yainam/ Does Wine Vinegar Present a Concern of Stam Yeinam? (OU Kosher)]. See also [https://www.star-k.org/articles/kashrus-kurrents/4470/balsamic-vinegar-sour-grapes-or-sour-sweet-success/ BALSAMIC VINEGAR: SOUR GRAPES OR SOUR SWEET SUCCESS (Star-K)] regarding contemporary vinegar production.</ref> | # Maga Akum can only prohibit wine, not vinegar, but if the vinegar had been touched while it was still wine, the fermentation does not remove the Issur. Some were concerned that one would mistake vinegar for wine that's still fermenting, but, aside for situations that require heavier safeguards against intermarriage, the halacha assume vinegar is vinegar and not subject to Maga Akum.<ref>Shulchan Aruch Yoreh Deah 123:6</ref> If the vinegar bubbles intensely when poured, one can assume it has been vinegar for at least three days and any contact with Non-Jews is irrelevant.<ref>Shulchan Aruch Yoreh Deah 123:7. See [http://www.hebrewbooks.org/pdfpager.aspx?req=21867&st=&pgnum=108 Shu"t Shema Shlomo (vol 3 Yoreh Deah Siman 6)]</ref> Some claim that modern day vinegar is not the same vinegar as in the times of the Talmud, because even industrial vinegar does not bubble as described.<ref>[https://oukosher.org/blog/consumer-kosher/does-wine-vinegar-present-a-concern-of-stam-yainam/ Does Wine Vinegar Present a Concern of Stam Yeinam? (OU Kosher)]. See also [https://www.star-k.org/articles/kashrus-kurrents/4470/balsamic-vinegar-sour-grapes-or-sour-sweet-success/ BALSAMIC VINEGAR: SOUR GRAPES OR SOUR SWEET SUCCESS (Star-K)] regarding contemporary vinegar production.</ref> | ||
# We are stringent to assume liquid from unripened grapes (Boser) is subject to Maga Akum.<ref>Shulchan Aruch Yoreh Deah 123:8</ref> | # We are stringent to assume liquid from unripened grapes (Boser) is subject to Maga Akum.<ref>Shulchan Aruch Yoreh Deah 123:8</ref> | ||
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# The [[Rambam]]<ref>Rambam Hilchot Ma'achalot Assurot 11:10</ref> uniquely cites the position of the Geonei HaMaarav, who held that even a little bit of honey or spice can prevent wine from becoming subject to Maga Akum. Although this opinion has not been accepted by many, the Minhag in Egypt for generations was to be lenient like the Rambam, as all their wine came from Crete and adding honey was the only means of ensuring it wouldn't become prohibited by Maga Akum. the [[Radbaz]] permits such wine touched by a Yishmaeli on these grounds and in situations of great loss<ref>Shiurei Bracha 5. See Pe'at David ad loc that the Radbaz elsewhere only permits it in cases of Safek. See [http://www.hebrewbooks.org/pdfpager.aspx?req=34122&st=&pgnum=179 Nehar Mitzrayim (Hilchot Yayin Nesech 8) and Shelulit HaNahar (ad loc.)] at length regarding the Radbaz, as well as [http://www.hebrewbooks.org/pdfpager.aspx?req=21291&pgnum=158 Shu"t Shemesh uMagen (vol. 3 Yoreh Deah 11-15)], [http://www.hebrewbooks.org/pdfpager.aspx?req=56617&st=&pgnum=102 Shu"t Divrei Benayahu (vol. 2 Siman 15-22)], and [http://www.hebrewbooks.org/pdfpager.aspx?req=21867&st=&pgnum=97 Shu"t Shema Shlomo (vol 3 Yoreh Deah 4-5)]</ref> and also allows mixing the touched wine with other wine to nullify it.<ref>Shiurei Bracha Yoreh Deah 123:6</ref> | # The [[Rambam]]<ref>Rambam Hilchot Ma'achalot Assurot 11:10</ref> uniquely cites the position of the Geonei HaMaarav, who held that even a little bit of honey or spice can prevent wine from becoming subject to Maga Akum. Although this opinion has not been accepted by many, the Minhag in Egypt for generations was to be lenient like the Rambam, as all their wine came from Crete and adding honey was the only means of ensuring it wouldn't become prohibited by Maga Akum. the [[Radbaz]] permits such wine touched by a Yishmaeli on these grounds and in situations of great loss<ref>Shiurei Bracha 5. See Pe'at David ad loc that the Radbaz elsewhere only permits it in cases of Safek. See [http://www.hebrewbooks.org/pdfpager.aspx?req=34122&st=&pgnum=179 Nehar Mitzrayim (Hilchot Yayin Nesech 8) and Shelulit HaNahar (ad loc.)] at length regarding the Radbaz, as well as [http://www.hebrewbooks.org/pdfpager.aspx?req=21291&pgnum=158 Shu"t Shemesh uMagen (vol. 3 Yoreh Deah 11-15)], [http://www.hebrewbooks.org/pdfpager.aspx?req=56617&st=&pgnum=102 Shu"t Divrei Benayahu (vol. 2 Siman 15-22)], and [http://www.hebrewbooks.org/pdfpager.aspx?req=21867&st=&pgnum=97 Shu"t Shema Shlomo (vol 3 Yoreh Deah 4-5)]</ref> and also allows mixing the touched wine with other wine to nullify it.<ref>Shiurei Bracha Yoreh Deah 123:6</ref> | ||
# If kosher wine was mixed into a solid food to the point that it's no longer discernable, it cannot become prohibited via Maga Akum, even if the dish is still raw. If it is discernable, it can become prohibited, unless the taste of the wine has changed.<ref>Shulchan Aruch Yoreh Deah 123:5</ref> | # If kosher wine was mixed into a solid food to the point that it's no longer discernable, it cannot become prohibited via Maga Akum, even if the dish is still raw. If it is discernable, it can become prohibited, unless the taste of the wine has changed.<ref>Shulchan Aruch Yoreh Deah 123:5</ref> | ||
# Depending on the ratio, watered down wine can be subject to Maga Akum, as long as the water ruins the taste of the wine. Due to the great subjectivity of the matter, it was omitted from Shulchan Aruch, but the Rama writes how a 1:6 ratio could be enough to nullify the taste of the wine.<ref>Shulchan Aruch Yoreh Deah 123:8)</ref> | |||
# In general, Yayin Nesech cannot be nullified by wine (Min BeMino), just as regular Avodah Zarah, if wine is mixed with Mevushal wine and honey, some say the honey nullifies the regular wine to prevent it from becoming prohibited via touch, while others say treat the Mevushal wine like water and nullify it accordingly or even with Rov.<ref>Rama Yoreh Deah 123:5. Shach ad loc writes how one can be lenient like the former approach in a case of great loss or if the custom is such. The Chida (Shiurei Beracha Yoreh Deah 123:4) points out how a Rov of Mevushal wine is insufficient.</ref> | |||
=Who Can Prohibit Wine= | =Who Can Prohibit Wine= | ||
