Wine and Whiskey FAQs

Part 1

Ohr Halacha

Rabbi Hayim Asher Arking

Rabbi Ezra Ghodsi

 

Throughout history, wine has been regarded as a distinguished drink that can both elevate the spirit and expose one's innermost thoughts and feelings. This potency makes it a double-edged sword: it can be used to bless life, as we say L'hayim, or, if handled improperly, to destroy it. Seeing this power, our Hachamim instituted safeguards regarding its consumption, to protect the holiness of the Jewish people and prevent intermarriage. Additionally, wine from a non-Jew may have been used for idol worship (avodah zara). Such wine, like the avodah zara itself, must be destroyed; it is forbidden to derive any benefit from it or its value. (This is the ruling for Sefardim. For Ashkenazim, in a case of a loss, one may derive benefit from wine handled by a non-Jew. Drinking, however, remains forbidden according to all opinions.)

Wine used for idol worship is referred to as yayin nesech (lit., wine that was poured), while wine produced or touched by a non-Jew is usually referred to as stam yeinam (lit., their regular wine).

 

I received a non-kosher bottle of wine as a gift; can I sell it or re-gift it?

As mentioned, it is forbidden to derive any benefit from non-kosher wine. Therefore, one may not purchase non-kosher wine to gift to a non-Jew, such as a co-worker. By the same token, if one receives such wine, it may not be sold or even re-gifted, as there is always some benefit or goodwill that will be gained by the giver. The bottle should be destroyed in a way that prevents anyone from benefiting, such as pouring the wine down a bathroom drain.[1]

 

Do the laws of stam yeinam apply only to wine?

These laws apply to both wine and grape juice equally. Therefore, if one has a non-mevushal grape juice, it may not be handled by a non-Jew. This makes grape juice concentrate a significant kashrut concern. It is frequently used as a sweetener or flavor enhancer in products like fruit punches, fruit snacks, and "Refreshers" (such as those at Starbucks).

Fortified wines, such as sherry and port, share the same status as regular wine. If they are not mevushal and are handled by a non-Jew, they become forbidden.

 

What about brandy or vinegar?

Wine derivatives, such as brandy, cognac, and wine vinegars, are still forbidden if they were produced from non-kosher wine. Although they are no longer considered wine, the change in status does not remove the original prohibition. Nevertheless, kosher brandy or vinegar that was produced from kosher wine, may be handled by a non-Jew, since it is no longer classified as wine. Similarly, if kosher non-mevushal wine is used to prepare a marinade or sangria, the final product may be handled by a non-Jew, as the addition of numerous other ingredients significantly alters the wine's original taste.[2] However, if non-kosher wine or vinegar is added to a recipe, it will render the entire dish forbidden.[3]

 

Why is “mevushal” wine different?

Because cooked wine is of lower quality and historically less common, the Hachamim did not extend the prohibition to wine that was cooked prior to being handled by a non-Jew. However, cooking the wine after it has been produced or handled by a non-Jew will not reverse its forbidden status.

Modern “mevushal” wine is typically flash-pasteurized in a closed system rather than boiled, a process that minimally affects its quality. While the common custom in America is to treat such wine as mevushal, some are more stringent and do not apply this status to wine that has only been pasteurized.[4]

 

What’s the story with Scotch aged in sherry, port, and madeira casks?

The distinct look and taste of premium Scotch often come from wine barrels. Whether the whiskey is aged the whole time in a "first-fill" sherry cask or just given a quick "wine finish," the goal is the same: to give the drink a deep ruby color and rich notes of dried fruit. These flavors come from barrels that previously held fortified wines like sherry (from Spain), port, or madeira (from Portugal). "Fortified" means these wines have been strengthened with extra alcohol, making them more potent than standard table wine. While this process creates a popular and exquisite drink, it also creates a complex halachic reality where the wine's presence is no longer just a background detail, but a main highlight of the final product.

There are varying degrees of "sherry cask" aging, ranging from barrels containing actual liters of wine (as testified by industry experts), to "wet barrels" that remain very saturated, to "second-fill" barrels that impart only a subtle flavor.

Much has been written regarding the questionable permissibility of sherry casks in Scotch production. Some authorities argue that the sherry does not render the Scotch forbidden based on two main points:

1. The Shulhan Aruch (137:6) rules that water and other beverages stored in a wine cask remain permissible, as the wood's absorption is not consequential enough to affect the liquid.
2. Many authorities maintain that when wine is diluted at a 1:6 ratio, its taste is “ruined” to the point that it loses its identity and becomes nullified.

However, it is difficult to apply these leniencies here for a number of reasons: (a) since the wine is fortified, it imparts a stronger flavor and can potentially penetrate deeper into the wood; and (b) the casks are selected specifically to impart flavor. This becomes even more problematic for "first-fill" or "special finish" Scotches, where significant amounts of actual sherry wine, sometimes many liters, are left in the barrels to be mixed with the Scotch. It is difficult to argue that the wine is "nullified" when its presence is being celebrated and sought after. In fact, some Scotch companies go so far as to own large stakes in wineries simply to secure a steady supply of sherry casks.[5]

Given these complexities, it is important for the kosher consumer to be more discerning when selecting a bottle. One should recognize that Scotch aged in sherry casks presents a significant halachic concern, and even within this grouping, the level of concern increases with the intensity of the wine's influence. Often, the bottle's labeling and the depth of the Scotch’s color can indicate the volume of sherry involved, serving as a practical guide for those looking to maintain a higher standard of kashrut. One can also check the cRc Liquor List or the Star-K Liquor List for a list of approved alcohols without any questionable additives.

 

What type of drinks can I order at a bar?

It is not only the drink itself, but also our environment, the ambiance and company, that help us retain our identity. Therefore, drinking alcohol in the company and place of non-Jews, such as a non-Jewish bar or party, is not allowed, even for drinks that pose no concern of containing non-kosher wine. Similar to the above-mentioned restrictions on wine, the Hachamim put these guidelines in place to prevent intermarriage.^[6]

 

Part 2

 

In what ways can a Jew’s wine become forbidden?

There are four ways wine can become stam yeinam and forbidden:

1)      Touching: The actual wine was touched by a non-Jew, whether by hand, by mouth (such as when drinking from a bottle), or with any other part of the body; this can apply even if they touched the wine with an object they were holding.[7]

2)      Agitating/Shaking (shichshuch): The wine was agitated by a non-Jew, even if they only shook the cup or bottle without touching the liquid directly. Since agitating/shaking wine was a form of idol worship, this action renders the wine forbidden.[8]

3)      Pouring (kocho): The wine was poured by a non-Jew, regardless of whether it was agitated/shaken. This principle is not limited to pouring; it applies to any wine displaced or moved from its container by a non-Jew.[9]

4)      A connecting stream (nitzok): The wine was connected to non-kosher wine, such as through a continuous stream during pouring.[10]

 

 

If a waiter carried an open bottle of wine, can we still drink it?

Although wine touched by a non-Jew becomes forbidden, simply touching the outside of a bottle does not affect its status.[11] However, one should not allow a non-Jewish waiter to move or even lift an open bottle. As previously explained, the wine can still become forbidden if it is "shaken" (shichshuch), even if none is actually poured. Similarly, if a non-Jew carries an open bottle or cup, the wine would generally be forbidden, as the act of walking naturally causes the liquid to shake. Due to the nuanced nature of these laws, case-specific details can make a difference, and one should consult a Rabbi if such a situation arises.[12]

 

What if I left a bottle of wine in the fridge and the maid moved it?

Wine only becomes forbidden through "shaking" if the wine is uncovered, however, if the bottle is covered, even if not sealed, "shaking" is no longer an issue. Therefore, as long as there was a bottle stopper or a partially replaced cork, the wine remains permitted.[13]

This is only true if there is no concern the bottle was opened by the non-Jew. While it may be acceptable for the Jew to be in another room and leave a maid or waiter around a covered non-mevushal bottle, two conditions must be met. First, the Jew can walk back in unexpectedly (yotzei venechnas). Second, the non-Jew must know they are not allowed to handle the wine, which in some cases may require them being clearly instructed not to do so.

However, leaving a non-Jew in the house alone, even with the possibility of an "unexpected" return, may no longer provide a sufficient deterrent. For instance, a maid or worker may be familiar enough with one's daily schedule to know when they can handle the wine without any risk of somone returning. Likewise, a window might allow them to watch for someone arriving, providing enough time to handle the wine and return it to its place without being caught.[14] In certain situations, cameras can serve as an effective deterrent, if the person knows they are being filmed and that someone is actually reviewing the footage.

 

What if a non-Jew poured wine into a cup?

In this case, both the wine in the cup and the wine remaining in the bottle become forbidden. The wine in the cup is rendered forbidden by the act of pouring (kocho), while the wine in the bottle becomes forbidden because the continuous stream connects it to the wine in the cup (nitzok).[15]

 

Can a Jew pour wine into a cup held by a non-Jew?

The concept of nitzok applies even if the one pouring is Jewish. For example, if a Jew pours wine into a cup containing remnants of wine previously handled by a non-Jew, the entire bottle becomes forbidden. Furthermore, even if starting with a clean cup, the non-Jew may move or tilt the cup while the wine is being poured. This would render the wine in the cup forbidden because of the "shaking," and in turn, render the wine in the bottle forbidden through the continuous stream.[16]

 

What is the proper way to store a bottle of wine when it will be left with a non-Jew?

In general, there are two levels of security when leaving kosher food unsupervised. For foods that carry a Biblical prohibition if switched, such as non-kosher meat or fish, a double-seal is required. For foods involving a Rabbinic prohibition, such as bread or cheese, a single seal suffices. Although the prohibition regarding wine is Rabbinic, it is treated with greater stringency and therefore requires a double-seal.[17]

A practical way to create this is to tape a plastic bag over the bottle and write Hebrew letters (or one’s signature) across the edges of the tape and onto the bag. Writing two letters across the seam satisfies the requirement for a double-seal, as each individual letter counts as its own seal. For this to be effective, the seal must be set up in a way that, if someone attempts to peel back the tape, it would cause the characters to misalign, and it would be difficult to restore the letters perfectly.[18]

Alternatively, one can hide the bottle in a place where it is highly unlikely it will be noticed by a maid or other non-Jewish workers. This can be a practical solution for Shabbat and Yom Tov when making the above double-seal is not feasible.

 

Do these laws also apply to a Jew who is not shomer Shabbat?

While the laws of stam yeinam generally extend to those who are not Shomer Shabbat, the restrictions actually take a significant "step down" in severity compared to those involving a non-Jew. For example, if a non-Shomer Shabbat touches the wine, it is forbidden to drink, however, one may yet derive benefit from it. (On a side note, this leniency also applies if a Muslim handles non-mevushal wine).

When hosting friends or family who may not be Shomer Shabbat, it is preferable to only use mevushal wine. As this is not always an option, there are specific leniencies which are important to be aware of. For instance, if an open bottle was accidentally moved by a non-Shomer Shabbat, the wine remains permitted. Furthermore, many say that the laws of nitzok (the "connection" between the stream and the bottle), do not apply to a non-Shomer Shabbat. Accordingly, if they pour wine into a cup, only the wine that was poured becomes forbidden to drink (kocho), while the wine remaining in the bottle remains permitted.[19]