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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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, 2 August 2018→Who Can Prohibit Wine: ger toshav, gerim, and avadim
MordechaiD (talk | contribs) (muslims, shelo kederech hanaato, and sechorah) |
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# Muslims are not idol worshippers, so their wine and wine they touch is only prohibited from drinking, because of intermarriage. Rishonim and Acharonim unanimously voice this ruling.<ref>Shulchan Aruch Yoreh Deah 124:?, see Shiurei Bracha and Shirei Shirayim Yoreh Deah 123:1, Birkei Yosef Yoreh Deah 4, and Pe'at David footnote ad loc.</ref> | # Muslims are not idol worshippers, so their wine and wine they touch is only prohibited from drinking, because of intermarriage. Rishonim and Acharonim unanimously voice this ruling.<ref>Shulchan Aruch Yoreh Deah 124:?, see Shiurei Bracha and Shirei Shirayim Yoreh Deah 123:1, Birkei Yosef Yoreh Deah 4, and Pe'at David footnote ad loc.</ref> | ||
# According to the [[Baalei HaTosafot]], Christians of our times are not true idol worshippers, so wine they touch or own is only prohibited from drinking, not benefit. This has far reaching ramifications throughout Hilchot Yayin Nesech, primarily for Ashkenazim. In fact, the [[Shach]] and [[Taz]] comment consistently how each ruling throughout these Simanim in Shulchan Aruch does not apply completely. Often times, they bump the prohibition down one level, so, if something is prohibited from benefit, they often say it's only prohibited from drinking, and, if only from drinking, then it's completely permitted. Obviously, each case must be evaluated individually, but the foreknowledge of how their perspective and general Derech HaPesak in this area should prove valuable.<ref>Rama Yoreh Deah 123:1 and 124:24</ref> | # According to the [[Baalei HaTosafot]], Christians of our times are not true idol worshippers, so wine they touch or own is only prohibited from drinking, not benefit. This has far reaching ramifications throughout Hilchot Yayin Nesech, primarily for Ashkenazim. In fact, the [[Shach]] and [[Taz]] comment consistently how each ruling throughout these Simanim in Shulchan Aruch does not apply completely. Often times, they bump the prohibition down one level, so, if something is prohibited from benefit, they often say it's only prohibited from drinking, and, if only from drinking, then it's completely permitted. Obviously, each case must be evaluated individually, but the foreknowledge of how their perspective and general Derech HaPesak in this area should prove valuable.<ref>Rama Yoreh Deah 123:1 and 124:24</ref> | ||
# A [[Ger Toshav]] and a conversion candidate who underwent [[Brit Milah]] but not Tevilah, only prohibits wine from drinking, not benefit, as they have left the fold of idolatry but haven't entered the Jewish family - intermarriage is still prohibited. Even according to the lenient opinion in these cases, the leniency only extends to his touch; his own wine is still prohibited from drinking.<ref>Shulchan Aruch and Rama Yoreh Deah 124:2</ref> | |||
== Avadim == | |||
# An Eved purchased from a Non-Jew no longer prohibits wine with his touch once he has [[Milah]] and Tevilah even if they don't yet act like Jews and hasn't yet ceased to mention the names of his gods.<ref>Shulchan Aruch Yoreh Deah 124:3</ref> If they did not yet have a Tevilah, the wine they touch would be prohibited from benefit.<ref>Shach Yoreh Deah 124:7, see Biur HaGra Yoreh Deah 124:8</ref> | |||
# The adult children born in Jewish dominion to Shefachot who haven't gone to the Mikveh can still beand have received Milah still prohibit wine from drinking , but the young ones don't even prohibit it at all.<ref>Shulchan Aruch Yoreh Deah 124:4. The Shach Yoreh Deah 124:8 is upset, as the Rambam's words, which are the source for this ruling of Shulchan Aruch, make no mention of drinking; rather, they imply the wine is prohibited from all benefit! Regardless, he concludes that Ashkenazim are lenient nowadays with respect to benefit in cases of loss, so the Halacha is the same. See Biur HaGRA Yoreh Deah 124:9. | |||
The Taz Yoreh Deah 124:3 thinks that even Maga of Ketanim who don't have Milah would be Muttar beShetiah. The Shach Yoreh Deah 124:9 concurs for a different reason.</ref> | |||
# If the Shefachot did go to the Mikveh already, then their children cannot prohibit wine, regardless of age or Milah.<ref>Shulchan Aruch Yoreh Deah 124:5 writes this as a Yesh Mi SheOmer, either because only the Tashbetz (vol. 1 Siman 170) states this seemingly obvious Halacha, or because it would be in opposition to a Ramban in Yevamot (R' Akiva Eiger ad loc.)</ref> | |||
=How= | =How= | ||
