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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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=Kinds of Wine Subject to the Prohibition= | =Kinds of Wine Subject to the Prohibition= | ||
==Wine Products== | ==Wine Products== | ||
#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.<ref>Avodah Zarah 29b and 30a, Rambam (Hilchot Maachalot Assurot 11:13)</ref> | |||
# Some were concerned that one would mistake vinegar for wine that's still fermenting, or that each person has a different sense for distinguishing between wine and vinegar, so they assume that what we call vinegar is still problematic.<ref>Rabbeinu Tam against Rabbeinu Meshulam, quoted in numerous Rishonim on Avodah Zarah 29b and Sefer HaYashar (Chelek HaTeshuvot 47:4) and agreed with by the Rosh (Avodah Zarah 2:13) and Tur (Yoreh Deah 123:6). The Ramban, Talmidei Rabbeinu Yonah, Ritva, and Ran all add that Rabbeinu Tam admits that something can be considered vinegar twelve months since it has fermented. Note how they quote Rashi and the Geonim as holding that although one may benefit from vinegar touched by a Goy, one may not eat or drink it with a few varying details.</ref> Some disagree entirely,<ref>Rashba in Torat HaBayit 5:3</ref> but, many recommend following the strict view in when it would serve as a safeguard against intermarriage.<ref>Ramban, Talmidei Rabbeinu Yonah, Ritva, and Ran Avodah Zarah 30a</ref> In practice, we are stringent unless the liquid bubbles like vinegar when poured on the ground.<ref>Shulchan Aruch Yoreh Deah 123:6</ref> Many Acharonim, however, do say that if it's not drank as wine anymore, there's room to be lenient, especially if the Non-Jew was a not an idol worshiper.<ref>Yayin leNasech ad loc. by Rav David Teherani</ref> | |||
# | # If vinegar from a barrel 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> | ||
#We are stringent to assume liquid from unripened grapes (Boser) is subject to Maga Akum.<ref>Shulchan Aruch Yoreh Deah 123:8</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>, but others find basis for this test in modern day science as a measure of acidity (the reverse of titration testing done in factories).<ref>Daf HaKashrus 26.10, [http://v3.yutorah.org/lectures/lecture.cfm/928113/rabbi-dovid-cohen-crc-/alcoholic-beverages-33-123-6-8-wine-vinegar-stam-yayin-berachos-/ Alcoholic Beverages #33 (123:6-8) (Wine Vinegar – stam yayin, berachos) by R' Dovid Cohen (cRc)]</ref> | ||
#Wine spirits (Aguardiente), such as | #We are stringent to assume liquid from unripened grapes (Boser) is subject to Maga Akum.<ref>Shulchan Aruch Yoreh Deah 123:8.</ref> | ||
#Wine spirits (Aguardiente), such as arak, are included in the definition of wine,<ref>Shulchan Aruch Yoreh Deah 123:24). See Kaf HaChaim Orach Chaim 202:16</ref> unless it was previously Mevushal.<ref>Shiurei Bracha Yoreh Deah 123:18, Nehar Mitzrayim Hilchot Yayin Nesech 5</ref> This applies even if it's a product of the pulp and pips.<ref>Pitchei Teshuvah Yoreh Deah 123:17</ref> | |||
==Mevushal and Mefustar== | ==Mevushal and Mefustar== | ||
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#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 | #Grape seed extract made of seeds needs a Hashgacha to ensure it was removed within twenty-four hours since 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, it 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> | ||
=Mixtures (Ta'arovot)= | =Mixtures (Ta'arovot)= | ||
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#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> | #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> | #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> | ||
===Sherry Casks=== | |||
# Rav Moshe Feinstein (Igrot Moshe YD 2:62) held like the Taz 114:4 holds that wine is nullified one in six. See further www.crcweb.org/Sherry%20Casks%202.pdf p. 31. | |||
=Who Can Prohibit Wine= | =Who Can Prohibit Wine= | ||
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{{Reflist}} | {{Reflist}} | ||
[[Category:Kashrut]] | [[Category:Kashrut]] | ||
[[Category:Interactions with Non-Jews]] | |||
