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

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=Who Can Prohibit Wine=
=Who Can Prohibit Wine=
==Idol Worshippers==
# 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>
# 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>
# 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> Their touch without Kavanna will not prohibit the wine at all, because the Gezeirah against Maga Akum stems primarily from wariness of Avodah Zarah, not intermarriage.<ref>Shulchan Aruch Yoreh Deah 124:7, Nehar Mitzrayim Hilchot Yayin Nesech Shelilut HaNahar 3</ref> These rulings apply to all non idol worshipping Non-Jew and to those from an idolatrous nation who accepts upon himself to not worship idols.<ref>Beit Yosef Yoreh Deah 124:7, Shach Yoreh Deah 124:12</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>
==Gerim==
# 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>
# 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 ==
== Avadim ==
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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>
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>
# 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>
 
==Jews==
# A Jew who rejects Judaism for [[Avodah Zarah]] prohibits wine with his, but he's also believable if he says he did [[Teshuvah]]. Meanwhile, a Jew who is rejects other Mitzvot, such as a Mumar LeOrlot (known to reject the Mitzvah of Brit Milah), cannot prohibit wine with his touch.<ref>Shulchan Aruch Yoreh Deah 124:8</ref>
# Anusim (conversos), no matter how well meaning, are suspect of Halachic infidelity and also not in a position to guard their wine from the touch of Non-Jews; therefore, one may not drink their wine or believe them even under oath regarding its status. However, they may be believed regarding other people's wine, and their touch doesn't qualify as Maga Akum.<ref>Shulchan Aruch and Rama Yoreh Deah 124:9</ref> Of course, this is only true if they remain loyal to Halacha at home and only put on an outward facade of conversion, but, if they ever abandon Halacvha at home, even if they kept Halacha at the beginning of their conversion, they are no different from the Goyim.<ref>Rama Yoreh Deah 124:9</ref>
=How=
=How=
==Touch (Maga Akum)==
==Touch (Maga Akum)==