DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 894 KB)
If a Non-Jew Touched Kosher Wine Intentionally to Make it Forbidden; The Status of Wine Looked Upon by a Non-Jew

The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909), in Parashat Balak, discusses the case of a non-Jew who deliberately touches a Jew’s wine for the purpose of rendering it forbidden. For example, if a non-Jew becomes angry at a Jew, and in his fury he shakes the Jew’s bottle of wine so that it would become forbidden for the Jew, does the bottle of wine in fact become forbidden?

The Ben Ish Hai cites different views on this issue. He notes that whereas the Rambam (Rabbi Moshe Maimonides, Spain-Egypt, 1135-1204) ruled that the wine becomes forbidden in such a case, others ruled that the wine is permissible, because the Sages did not forbid wine touched by a non-Jew under these circumstances. As for the final Halacha, the Ben Ish Hai writes that in situations of "Hefsed Meruba" – where a substantial financial loss is at stake, such as when dealing with expensive wine or a large quantity of wine – then the wine is certainly permissible and may be used for drinking or any other form of benefit. If, however, the financial loss at stake is not so substantial, then it is preferable not to use the wine. Even in such a case, the Ben Ish Hai emphasizes, the wine is permissible according to the strict Halacha and one may rely on the lenient position. He notes that this applies even if we do not know with absolute certainty that the gentile specifically intended to render the wine forbidden, but we can reasonably assume that this was his intent in light of the circumstances surrounding the incident.

In the next passage, the Ben Ish Hai cites a particularly stringent ruling of Rabbi Menahem Hababli forbidding wine that a non-Jew looked upon, but did not touch. According to this view, one must ensure to keep his wine hidden or covered so that no non-Jew can look at it.

Although there are people who follow this custom, according to the strict Halacha wine that a non-Jew looked at is permissible. Refraining from such wine constitutes a "Midat Hasidut" – a measure of special piety – and not an actual Halachic requirement. The Ben Ish Hai notes that Moslems, who worship the single Creator, are not considered idolaters, and there is thus no concern whatsoever in using wine that a Moslem has looked at, not even on the level of "Midat Hasidut."

Although Halacha does not follow the view of Rabbi Menahem Hababli, his ruling demonstrates the severity of this prohibition against non-Jewish wine. If some authorities go so far as to forbid wine that was looked at by a non-Jew, then even if we do not accept this position, it emphasizes just how careful we must be when it comes to non-Jewish wine.

Summary: If a gentile touched kosher wine with the specific intent to make it forbidden, the wine is permissible, as long as we can reasonably assume that this was his intent. Preferably, however, one should not use the wine, unless a substantial financial loss is at stake. Some people have the practice as a measure of special piety to ensure that a gentile does not even look at their wine, as there is one opinion that forbids wine that a non-Jew looked upon. This practice is not required according to the strict Halacha, but it demonstrates the severity of the prohibition against non-Jewish wine.

 


Recent Daily Halachot...
Delaying a Berit Mila if the Child is Jaundiced
If a Berit Mila Was Performed at Night, or Before the Eighth Day
If a Mohel Performing a Berit on Shabbat Cannot Perform the Mesisa
May a Mohel Perform a Circumcision For the First Time on Shabbat?
On Which Days of the Week May a Delayed Berit Mila be Performed?
Performing a Berit Mila on Friday After Accepting Shabbat; Performing a Brit Mila After Sundown
Scheduling a Berit for a Child Born After Sundown on Friday Afternoon
Walking Beyond the “Tehum Shabbat” to Perform a Berit on Shabbat or Yom Tob
May Two Different Mohalim Participate in the Same Berit on Shabbat?
Scheduling a Berit Mila for a Baby Born on Shabbat or Yom Tov, or Right After Sundown on Ereb Shabbat or Ereb Yom Tob
Performing a Berit Mila on Shabbat on a Child Whose Father is Not Jewish
Some Laws Relevant to the Sandak at a Brit Milah
The Presence of Eliyahu Ha'navi at a Berit Mila
Designating a Chair for Eliyahu Hanabi at a Berit Mila
A Brit Milah Should Be Performed As Early As Possible In The Morning
Page of 239
3585 Halachot found