Here is a concise review of the issues we discussed regarding the laws of stam yenam. We must determine what type of wine is subject to these laws, what kind of contact are we talking about, and which aspect of the wine becomes forbidden.
The laws of stam yenam apply to uncooked wine (not mevushal), or not even pasteurized. Only wine which is not mevushal or pasteurized is subject to these laws, as we discussed. Furthermore, we are discussing wine which has been opened or uncorked. As long as the bottle is still sealed, and cannot be poured, we are not concerned with this law. Therefore non-Jews may transport and move sealed bottles of non-mevushal wine.
What if a non-Jew merely touched an open bottle of wine? The Shulhan Aruch (Yoreh Deah 124) rules that if a non-Jew merely touched the bottle of wine, the wine is permissible. However, if the non-Jew touched the wine itself, with his hands or even his feet, all of the wine is prohibited.
What if the non-Jew "shook" (shichshuch) the wine? In the times of the Talmud, ‘shichshuch’ was considered to be an act of pagan worship. Therefore, even if the non-Jew does not lift the bottle, if he shakes it, the wine is prohibited. Similarly, if he pours the wine into a decanter, or spins the bottle with a stick, that is also considered to be a form of shichshuch and the wine is prohibited.
The Ben Ish Hai (Parashat Balak) discusses a common case: The non-Jew gently moves the wine to put something else in its place. He rules, based upon the Beit Yosef, that if this happens in front of a Jew, this is considered to be "nianua kezat" and the wine is permissible.
Of course, the most severe case is when a non-Jew actually pours the wine. If he pours the wine into a cup, he may not drink or even derive benefit from the wine. Also, even the wine which remains in the bottle is prohibited, due to the concept of "nizok." According to this rule, an uninterrupted flow of wine (nizok) from the cup to the bottle prohibits the wine left in the bottle.
However, there is an exception to the case of nizok. We already learned that while one may not drink wine touched by a non-Jew who does not worship avoda zara, such as a Muslim, who believes in one God, it is permitted to derive benefit from the wine. Furthermore, the rule of nizok does not apply to wine which is not assur b’hana’a (from which one may derive benefit), and therefore the wine which remains in the bottle is permitted. The same would apply to wine which was poured by a Jewish person who publically violates the Shabbat. We already noted that some authorities prohibit wine which was poured by a mehalel Shabbat b’farhesia. Assuming we are strict regarding this matter, one may still derive benefit wine which he pours, and the wine which remains in the bottle may be consumed by other people.
All of these halachot apply when the wine was touched or poured in front of a Jew. If there was no Jewish person present, other laws apply, as we will discuss.
