DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 Beatrice Gindi, Batya bat Mazal

Dedicated By
Her family

Click Here to Sponsor Daily Halacha
      
(File size: 10.9 MB)
If a Flagrant Shabbat Transgressor Handles Wine

The Shulhan Arukh (Yoreh De’ah 124:8) writes that if a "mumar" has contact with wine, the wine is prohibited to drink. In this context, a mumar is a Jew who has converted to another religion. What is the scope of this stringency?

The Rabbis teach us that one who violates Shabbat publically (mehalel Shabbat befarhesya) is considered to be a "mumar" (see Eruvin 67a), and is even compared to one who worships avoda zara (see Rashi, Bamidbar 15:41). Does that mean that wine which is touched by a mehalel Shabbat is prohibited?

Although in the Beit Yosef (Yoreh De’ah 119) he cites those who prohibit the wine, Maran does not bring this law in the Shulhan Arukh. Seemingly, the mehalel Shabbat himself is not literally worshipping avoda zara, and therefore this prohibition should not apply to him. Furthermore, one of the reasons for the decree prohibiting wine which was touch by non-Jews was to discourage intermarriage. It seems, however, that the prohibition of intermarriage does not apply to the Jew who is mehalel Shabbat.

There are Poskim (see, for example, Nekudot HaKesef 124), however, who write that wine touched by a mehalel Shabbat is prohibited. The Hatam Sofer (Yoreh De’ah 120) explains that although the wine of a mehalel Shabbat cannot be prohibited due to the fear of intermarriage, the Rabbis added a "kenas," a penalty, to those who flagrantly violate the Shabbat, including them in this law. R. Moshe Feinstein, in his Iggerot Moshe (Orah Haim 5:37), writes that this practice does not appear in the Talmud or the Shulhan Arukh, and is a minhag (custom).

Therefore, in practice, if we are hosting a non-religious Jew, we should be care that he should not touch our wine (i.e. wine which is not mevushal).

Some ask whether we may even give him wine to drink, as he should seemingly prohibit his own wine?! While some suggest that this is not considered to be lifnei iver (enabling a person to sin) since he can take the wine by himself, it may be simpler to explain that since the custom was enacted in order to discourage close, social contact, the person certainly cannot avoid close contact with himself! And therefore this prohibition would not apply to him.

Finally, we should note that this only applies to those mehalalie Shabbat who were raised with the awareness and knowledge of Shabbat, and chose to reject it. Furthermore, the Mishna Berura writes that one who violates the Shabbat, but is embarrassed in front of important people, is not considered to be a mehalel Shabbat befarhesya, and therefore his wine would be permitted.


 


Recent Daily Halachot...
How A Person or Chazan Can Make Up Missed Minha Of Erev Shabbat
What Is The Rule For Travelers To and From Israel, For Barech Alenu in The Amidah Starts Earlier In Israel Than America
What to Recite in Lieu of Barechu When Praying Privately
Reciting “Lamedeni Hukecha” During the Amida to Avoid a Beracha Le’batala
Keri'at Shema Al Ha'mita
May the Hazan Recite the Repetition of the Amida if Some of the Ten People Had Prayed Earlier?
Until What Point in the Day May One Recite the Berachot of Shema?
Does One Answer “Amen” to a Beracha of Kaddish in the Middle of Pesukeh De’zimra?
The Prohibition Against Interrupting During Pesukeh De’zimra
May One Step Back for “Oseh Shalom” When Somebody is Praying Behind Him?
Reciting Hallel on Rosh Hodesh; Providing Food for Torah Scholars on Rosh Hodesh
Are Women Required to Recite Birkot Ha’shahar?
Answering “Amen” and Other Responses During Pesukeh De’zimra and During Baruch She’amar
Is it Permissible to Pray in Front of a Mirror or a Window?
The Recitation of “Baruch Hashem Le’olam” Before Va’yebarech David
Page of 239
3585 Halachot found