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If a Non-Jew Pours a Cup of Wine, Does the Wine Remaining in the Bottle Become Forbidden?

If a non-Jew moves a bottle of wine from one point on the table to another (even though the wine is not "Mebushal"), the wine is nevertheless permissible. According to the Shulhan Aruch, kosher wine becomes forbidden only through "Shichshuch," meaning, if a non-Jew moves the bottle in a way that causes the wine to significantly shake. It often happens that a non-Jewish housekeeper moves a bottle of wine on the table to make room for a platter or serving dish. In such a case, the wine in the bottle remains entirely permissible.

If a gentile pours wine (that is not "Mebushal") into a cup, then the wine in the cup is forbidden for drinking. If the non-Jew who poured the wine is practicing idol worship, then the wine is forbidden also for any other kind of benefit, and thus it may not even be sold. The question arises in such a case as to the status of the wine remaining in the bottle. In other areas of Halacha, there is a principle known as "Nisok" which means that a stream of liquid has the effect of Halachically combining the liquid in the top utensil with the liquid in the bottom utensil, such that they are given the same status. Do we apply the rule to this case, such that the wine in the bottle will have the same status as the wine in the cup, and thus be forbidden?

The Halacha in this case depends on whether the non-Jew has the Halachic status of an Obed Aboda Zara (idolater). Moslems do not have this status, and therefore, as mentioned, the wine that they pour is forbidden only for drinking, and not for other kinds of benefit. In such a case, the wine remaining in the bottle is permissible even for drinking. If, however, the non-Jew who poured the wine is an idol worshipper (most of the population), in which case the wine in the cup is forbidden for any kind of benefit, then the wine remaining in the bottle is forbidden for drinking. Other forms of benefit, however, are permissible, and thus the wine may be sold.

Summary: If an idol worshipper pours kosher wine into a cup (and the wine is not "Mebushal"), then the wine in the cup is forbidden for any kind of benefit, and the wine remaining in the bottle is forbidden for drinking, but permissible for other types of benefit, such as selling. If a Moslem pours kosher wine into a cup, then the wine in the cup is forbidden only for drinking, and the wine remaining in the bottle is entirely permissible.

 


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