Kosher Wine: Yayin Nesech, Stam Yeinam, and Maga Akum: Difference between revisions

=General=

There are three concepts at hand: '''Yayin Nesech''' refers to wine that was actually used for idolatrous wine libations, '''Stam Yeynam''' is wine owned by non-Jews, and '''Maga Akum''', is Jewish wine touched by a non-Jew. Yayin Nesech is prohibited in benefit (Assur BeHan'ah) on a Torah level, like all items associated with [[Avodah Zarah]], but Stam Yeynam and Maga Akum are prohibited by the Chachamim for two reasons. Firstly, to prevent intermarriage, they prohibited one from drinking non-Jewish wine, as wine brings people together. In addition, the prohibition was extended from just not drinking to not getting any benefit from both Stam Yeynam and Maga Akum, because there's a chance that it was used or moved by the non-Jew with intent to pour for his idol.<ref>Shulchan Aruch Yoreh Deah 123:1</ref>

==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 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>

=Who Can Prohibit Wine=

# The touch of adult idol worshipers prohibits wine from both drinking and benefit, but children can only prohibit drinking. The status of child changes to adult, regardless of age,<ref>Shach Yoreh Deah 124:1</ref> when he begins to carry the name of his god and accessories on his lips,<ref>Avodah Zarah 57a, Shulchan Aruch Yoreh Deah 124:1</ref> because the frequency of his mentioning the idol implies that he might be thinking about if when pouring wine, as well.<ref>Perishah Yoreh Deah 124:1</ref> Just mentioning the name of his god in passing because that's common jargon (such as when saying "for so and so's sake!" or when speaking profanely) does not register as the necessary familiarity to pass the threshold of childhood.<ref>Taz Yoreh Deah 124:1</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>