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When Wine Becomes Stam Yeinam - Rav Zev Smith
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1. Understanding the unusual severity of נסך יין. 2. The special issue of יינם סתם. 3. When can wine be בהנאה אסור? 4. Does it apply to wine of an irreligious Jew? 5. Cleaning lady alone for hours in one’s home. 6. Non Jewish worker in a yeshiva or camp that was alone in a room with wine. 7. The halachos for dormitory during sedorim. 8. Non Jew moved wine that was sealed. 9. Wine that was closed but was not sealed. 10. Open bottle that was moved for cleaning or serving. 11. When does ונכנס יוצא prevent the issue from being חל? 12. Are all wines that are pasteurized considered מבושל?
Categories:Torah/Halacha
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Transcript
Auto-generated transcript. Not time-synced to the video.
Okay,
let's go.
>> Look at my boy in the shame of shame.
Shame again to like to welcome everyone
to today's share from Harvey of Muslim
leader
on Israel
I must say Israel has many of them. When
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today's share leading in all of them.
Russia Zalka
small field of shame and small sister of
the time.
I'm Smith.
>> After the man is mad and we had a sign
on the sea where the bottom left some
wine.
Not the whistle wine. And it was in the
refrigerator and they left it over the
man is mad and the question was there
were times that only the guy in the
cleaning the building and the question
is there a problem of many of them. The
guy had access to the wine. And there
was no access. So you guys had no
meetings.
The truth is in many homes this is a a
daily problem. People go to work and
leave the guy to with just the wine.
In a hall or in a catering hall
sometimes after the same goes over the
bottom goes home and says he leaves the
few guys to clean up and there's bottles
of wine.
So you notice there are different
scenarios where the question is is this
does this become many of them when the
guy is left alone with the wine?
>> [clears throat]
>> Now the man is mad and there's a lot to
say about the Khumra of Stam Yayinam
Yayin Nesekh.
I think it would be suffice to quote
with the Khakham Adam in in Ayin Hey
Aleph, it says
talk about Stam Yayinam, we'll soon see
it's not even a De'oraita. But even
though he says people think it's not
such a serious issue, but it is a Khumra
De'oraita Stam Yayinam Okin Shmu'sai
Mimkom Shinishres Boi Kedusha.
Unbelievable, like the terrible terrible
prognosis for someone that that is is
not careful in Stam Yayinam.
And he says the Ein Chelek L'Olam Haba.
And he says the Mekubalim are are
Ma'irakh in the terrible Sakana of Stam
Yayinam.
But let's be more positive. He ends off
with Ein Kol Adam Yizhar B'Zeh Me'od
Nafsho B'Yiskol Sodas L'Fi Ha'Osain
L'Yayin Mashuma.
So definitely it's something that needs
attention and as we'll soon see it's for
many it's a daily problem and the
question is what are the Halakhas of
this issue of Stam Yayinam?
So the Am Ha'Aretz says as important as
it is to realize the Khumra issue I have
to mention the Ramah in Darkei Moshe Kuf
Khuf Daled Khes he says I'm I'm a
Toma'ani Toma'a on some people that are
Makhmir too much, they throw out Yayin
thinking it's Stam Yayinam, it's not
even Assur.
Because there are there are certain
Halakhas when something becomes Stam
Yayinam.
So you can't be Makhmir as well Tashmis,
you can't be Meikel. No good. The only
Eitzah to learn Halakha and know the
Halakhas properly.
>> [clears throat]
>> Now the Am Ha'Aretz says there are 17
Simanim in Shulchan Arukh Hilchos Stam
Yayinam from Kuf Khuf Gimel all the way
to Kuf Lamed Tes. And we can't do it in
in one Shiur, but I think we'll give the
Sod of what it means Stam Yayinam when
it applies and hopefully we'll have a
good start.
The Am Ha'Aretz says we we sometimes
hear the word Yayin Nesekh, it's Yayin
Nesekh. That's the wrong word because
probably we will never have real Yayin
Nesekh. Why?
The Mishna says in the Rabbi Dessler of
Khuf Tes Mem Tes there are certain
things that a Goi possessed the Issur
and Issur Hana'ah.
And the first one is like Mishnah is
Hayay.
A issue wine is also banned on
For [clears throat] a big tomorrow,
what's wrong with the issue wine?
So tomorrow it's a possuk. All my crowd
the possuk says Hazenu.
>> [clears throat]
>> As you say love the same you you say
love. Used to yay in the sicha.
>> [clears throat]
>> The possuk
puts together what the sacrifices to
his avoid desire the meat of the of the
sacrifice. I don't want to give it the
name carbon.
Just like the wine that the pours
for his avoid desire.
In other words,
just like we know that and the the meat
of a of of a carb of of a sacrifice
avoid desire is to crave his avoid
desire and also me the riser.
So the the possuk is reminding us that
so who I did wine that the poured to
his avoid desire is also to crave his
avoid desire. And the Rambam says in my
sewers you base. Yayin shin avoid desire
also banned on the same menu culture
like in a tire.
There's definitely malcus. It's one of
the tire mitzvahs the issue of to crave
his avoid desire. Now when he says the
word culture it's really based on the
Mishnah I and I in avoid desire that I
and I would then others the there's no
dinner bitter when it comes to yayin
nesekh.
But again, yayin nesekh is when the
poured wine to his avoid desire. I hope
we'll never have such a scenario.
Especially in our times as the you know
the ancient day was valid that the we
should lose the yet survive desire even
by You know see the the
fallacy the farce of it. We know the the
Shulchan Aruch speaks about that
just in avoid desire as many of saying
be a day of.
It's more of a ceremony you have to have
a Santa Claus and they have a Christmas
week and they have a holiday. But it's
not real avoid desire. They're not going
to pour wine for that.
So that's why the Derek Cloud we are not
faced with real yayin nesekh question.
So what then is the whole Sugya? What's
the problem then?
>> [clears throat]
>> So, this we have what's called Stam
Yainam. The word Stam Yainam with my
knowledge is not in Shas. It's the
Rishonim, it's Shulchan Aruch.
What does that mean?
So, [clears throat] let me give you a a
good understanding. But, as Hashem once
we have the understanding, we could go
through many Shailos.
Let's say you have a Goyish neighbor,
very respectful, very trustworthy.
And he says, "I baked you bread, and I'm
telling you I had Hashgacha to me this
we
we zip in the mail and I'm a cook in the
house. High end and it's it's Yoshon,
everything is great." And Taka, he had a
Mashgiach watching the bread that he
baked. And he gives it to you. Are you
allowed to eat the bread? There's no
doubt about it, it's Kosher.
This we all know, it's in Machaber
Shulchan Aruch Kufid Bais Alef, based on
a Mishna by Avodah Zarah.
The Chazal Asur Pas Akum.
A a bakes bread, it's an Issur
d'Rabbanan for you to eat it. I there's
no problem with the Kashrus.
The Tairutz is Zoch the Machaber als
Chashash
because bread cause brings a certain
relationship, a certain friendship, and
Chashash may come to intermarriage.
So, Pas Akum, which as opposed to Pas
Palter that that some are Maikel, but
Pas Akum is an Issur d'Rabbanan because
of the concern of Chashash.
Now, I'll ask you a very practical
question.
If you worry by bread that it might
create a relationship,
isn't there much more of Chashash by
drinking his wine?
Wine is more of a Mekarev Levavos.
And this is one of the main reasons why
Stam Yainam was Asur. You're right.
There's not you're not worried about
Avodah Zarah.
But, a is he is.
And as as the Gemara says in Shabbos
Yutzai Num Bais, they were Gozer Yainam
Mishum Benois Sayah.
In other words, wine is Mekarev Levavos
perhaps more than bread.
And that's the Issur of Stam Yainam a
Chashash Chashash.
Nothing to do with Avodah Zarah.
But, the problem with this understanding
is there's something that's obviously
missing. Because had it been
a concern of hasness, why do we know
that stam yaynam is assur b'no? Why
should be assur b'no? Pass akum is not
assur b'no.
But the bigger kasha is
I'm going to get there. Yeah, yeah,
yeah, good, good. But the bigger kasha
we have there too. The bigger kasha is
that
when I talk you about the giving us
wine, the takes my bottle wine and
he touches it, it becomes stam yaynam.
But what does that have to do with
hasness?
So the simple teretz will say is this is
reinforcing the barrier to protect us
from
the is from from hasness. In other
words, if the knows this year he's a
funny person, I touch his wine, he
doesn't drink it. I don't want such a
machuten.
So if you can make all these takanas
what he touches, what he pours, the
will say forget it. I don't need this
shidduch, you know. Under the chuppah
what am I going to do? I give the chasan
a His wine is yayin nesach. Can't
give to the kallah.
Very complicated. So the whole issur of
stam yaynam, touching, pouring is part
of the deterrent to avoid any hasness.
Oh. So that could be true. But l'maaseh
there's a different yesod and that's
really the yesod that we need today. And
that basically is
that l'maaseh
there even by a regular you don't
know if it's assur. You don't know.
Maybe he's pouring wine in a void disora
house and he gives you some of the wine.
Maybe in front of your face he's pouring
wine to you and he has a mind of void
disora. There are certain void disoras
you could do long distance.
So besides the chashash of hasness,
there's always the chashash of
avoid disora.
Now, if a pours wine of void disora,
that's the yayin nesach. But say you
have a a who's a cleaning lady or a
who's a waiter,
you don't know if it's assur. He might
say I'm not religious, but maybe deep
down he is.
And you know what, if he does something
that's suspicious, we have to be worried
about that.
So besides the issur of hasness, there's
also the concern maybe this became a
yayin nesach mamesh.
Now, it's not a vadai and therefore
wouldn't be assur mid'Oraisa, but this
would answer both kashas. Besides
khashash, there's also the concern of
Yayin Nesekh. So, therefore, it's assur
by number one and number two, when he
pours it or does something suspicious,
he touches it, he shakes it, oh, that's
a red flag. We start thinking maybe he
had a mind of avodah zarah. Now, if you
know for sure that he pours for avodah
zarah, even today, that's Yayin Nesekh.
But minimally, a who is a worker, a
who is a waiter, and he does
something that's suspicious, that is
stam yaynam. Again, stam means we don't
know exactly where he's coming from. You
look in the Shulchan Aruch in Orach
Chaim kuf kuf gimel aleph, stam yaynam
shall um um um um um ovdei avodah zarah
l'eilam, assur b'hana'ah, v'hu hadin
l'maggid b'Yayin Shel Anashim. So, after
all, why is it assur?
Because besides khashash, there's a
concern of avodah zarah. The Taz says
mil'Oraisa, and the Shach adds
d'Rabbanan is also al tiyuvin Nesekh.
So, now it's a full picture. You look in
the Tur, he gives a little more heshbon.
Yayin that that
that a poured, the ta'am, keivan
she'Yayin Nesekh gam assur b'hana'ah,
also stam yaynam, keilu vadai nesekh.
In other words, when you see a doing
something suspicious and you don't know
if he's religious or not,
but that's enough of a reason to rely on
the Rabbanan to say this is stam yaynam.
Assur mid'Rabbanan, but it washes and is
very pronounced. Keilu vadai nosekh.
Very interesting. The Chazal said stam
yaynam is an issur d'Rabbanan as if you
know he did it for avodah zarah. Okay.
Now, so oy bazoi, we have some very
major concerns. If a gives me a
bottle of wine l'chayim, that should be
assur b'hana'ah.
After all that we see, that's that's
stam yaynam, it was made in a goy's
factory, goy's hands touched it.
But not so fast.
Listen to the Rama on this seif,
and the Rama quoting the Torah as by
Mordecai and Rush.
Bism has there
as you would say to say any shkiah so
men ask him about his kahavim.
Today it's not so common that they have
all these the nourish guide and again
the way the Zara the yet to be Zara was
very much diminished.
But today who pours wine of a Zara even
by going his own house? Yes I'm in the
Magam Akum is taka also bash kiah.
But any also bano.
So the so the Rama is cutting the
Eastern half.
That a vadis tam yanam to is to drink
and go issue wine is also but doctor
Rama there's no issue of bano.
Now the question is where do you get
such a spouse spelt?
But the mice of the Rama continues.
Let's say the guy owes you money and you
know he's not going to pay you. But he
he'll give you a case of his stamyana
wine. That's that or nothing. Take it or
leave it. You're allowed to take it
because stamyana is mana is there like
the most motive ano. Well soon see if he
gives you a gift you could re-gift it
but here this is very surprising.
Why is it motive ano? So the truth is
the shakh and if you place with the Rama
himself says it's not motive ano like a
khila. You can't open a store and sell
stamyana but if you got stamyana he paid
up a or maybe gave you a gift then
you're allowed to have ano.
But the question is
why do we have such a the such spelt?
Manasha if there's a
hepta and it's allowed to drink the wine
why is it hepta ano?
But more than that cuz the
makes no mention
of this hepta of ano is mana is there.
It's only Rama.
And taka the hold and that's what the
Spanish can go with and the shai and all
say the hold there's no such hepta of
ano is mana is there.
And the Rama is right.
Because if they make a takana
you can't just change it unless you're a
godly man but have a minyan. The
Hakadosh made an issue of stam yayin
that includes
how do you say today is different?
And that's why again for Sefardim,
stam yayin is mad as that is the same in
the same in effect it's the drinking and
it's an old law.
However, the Rama was makel when makem
hefsed. Now it's not hefsed
but makem hefsed. The svara obviously is
he felt that if there's no avoda zara,
why ask about it?
Why do things exist in the world in the
first place? A good example would be
again this is a soon to be the season
the holiday season and sometimes a
person gets a nice expensive bottle of
wine from a
co-worker, a boss, a client, a customer.
And it's a nice bottle it's worth a nice
$100. He wouldn't drink it besides it's
treif it's stam yayin.
So can he give it to someone that he has
to give a gift? He has to give a gift
anyhow to some fellow
co-worker or boss or
client. So it's a great idea. He'll take
the wine and give it as a gift. So for
Sefardim it's absolutely awesome. That's
having an old law. An old law is not
after drinking an old law is this is
like basar b'chalav. But for Ashkenazim
it's mutar. I will say why is that a
makem hefsed? He lose a gift he lose a
gift but you're not losing anything
that's not true.
Because the oldest truth is in this
world no one gives you anything for
free.
If someone gives you a gift either it's
a loss it he's he's comforting you for
the future or it's it's a gedola avar
with hope for the future.
But there's always going to be something
he's doing because he feels beholden to
you. He owes you something. Ah. Oy ba
zoy
his gift is like prius ba'al chov. He's
paying you back not with money with a
token of appreciation.
But the maiseh it seems that this would
be included in the heter. Now the
Mashgiach in the teshuvah in chelek
gimmel siman kuf nun was asked here that
this is someone that said the Rav the
Rav threw out wine and really it was
mutar ba'al no why so machmis ba'al
tashchis.
So the Mashgiach said listen if you want
to use and you have to on their more,
it's fine. You can't taste about toss it
or out. The Mahaba holds it's awesome.
And even what's considered the
what's considered hefsid, you're talking
about something very, very common.
>> [clears throat]
>> So, the mice said this is the
introduction to our Sugya.
Now, let's talk a lot of mice. Let's
start with a simple shiner.
You saw a guy, a stammer guy, you don't
know if he's religious or not. You're
not sure if he touched it. Suffolk stam
yay num, how would you
say the law case for that? So, if it's a
stam a Suffolk in the Yayin Nesek,
so we could have a nice little comment
or doubt about it. But since only a
Suffolk there are bottom of the after
shock and cook of Dallas you've got an
almond gimbal and he says it he brings
him his memory. Suffolk stam yay num is
treated as a Suffolk there are bottom.
Now, I want to add, really in a certain
sense the whole stam yay num
is also a Suffolk. The guy is pouring,
he's touching it, he's shaking it. You
don't know if it's the right dessert or
not. So, you see that stam yay num is
also be Suffolk, but that's not true. I
said earlier, the Torah is not shiny as
chazzal acid stam yay num as if it's a
valid because you see the guy in the
door.
And that's this, but if you have a
Suffolk if the guy did it or not,
so a Suffolk guy in the door, there's no
acid.
But stam yay num is treated as a valid
is
Next question is extremely the guy. I
wish I had more clarity, but my question
is is grape juice included in the acid
of stam yay num? Now, by the way, I
forgot to mention this. Today we're
talking about every shiner is if it's
not Mevushal. If it's Mevushal,
like most places can there's no acid of
stam yay num. We're talking about a non
Mevushal grape juice.
Is it the acid?
So, you're wondering why not?
I don't know. Grape juice is the guy in
the door. You make a government on it.
The mice in the attic guy in the maze,
you got to make kids shine in the hot
killer.
So, what's the Suffolk? True.
But there's one point.
Why indeed is Yayin Mevushal not
included in the acid of stam yay num?
I don't know. It's It's what's bush will
help you.
And even this is the issue of yayin
nesek.
The Torah says, one of the s'varos is
that l'maaseh,
wine that's cooked, the quality is
affected. It's definitely an inferior
quality.
And the don't use cooked wine for
dessert. You know, how you
can learn from the how they do
things properly. They would never use
yayin mevushal
for their service. So, what do we say?
If it's an inferior wine, there's no
issue of stam yayin.
No b'nei sayanim either, because he
doesn't want a cheap wine. He gives me
this cheap wine.
So, there's no problem. So, my question
is, grape juice is definitely a cheaper
wine cheaper than wine.
You give a
cup of grape juice on Purim, you get a
mishaberach, right? It's not wine.
So, here the question is, why indeed is
grape juice included? It should be like
like maybe it should be like bishul
yayin
yayin mevushal plus.
But l'maaseh, it can't be
because in
gimel sif
the mechaber says yayin smoked raisin
wine is because of the issue of stam
yayin. I raisin wine is a cheap wine.
More so, look in the Mishnah
and the mechaber brings it, yayin in the
gas, not not the street. Gas I mean the
press.
This yayin nesek begins even when wine's
in the grape juice in the in the press.
Grape juice yayin in the gas is always
never fermented.
And Rav Zalman in a teshuvah in
came out before us that there is an
issue of stam yayin by grape juice. I
looked and looked, I did not find any
posek that holds that grape juice is not
because of the issue.
I have a kasha, it's not
I would guess the answer is lay plug.
Once we know
grape juice is yayin l'chatchila, it got
to be the bracha, it got to be kiddush.
So, it's yayin. Chazal asur. You're
going to tell me, no, but it's grape
juice. Okay, so how about a wine that's
only 3% alcohol alcohol?
So, I'm making chalukah and we set it
ready for the tour. The tour said it's
it's
it's hot I made an issue. So, it's not
making it up so like plug doesn't seem
correct.
And that's why the mice are it seems
that grape juice is included in the
issue. If someone has a better
suggestion, I'd love to hear it. Next
question has a very big impact into our
sugia.
A gar toshav is someone that was mikabel
do the seven mitzvos noach.
Basically, he's a that doesn't do
avodah zarah and other of the
issue that that a is mitzulav.
You ever wonder
wine of an of a gar tzedek is it mutar
for you to drink or have an offer?
Again, I'm a gar toshav, sorry, gar
toshav.
So, this is in a shachta avodah zarah of
samach dalet bet and the machaber quotes
it in kuf chaf dalet bet.
And the machaber says that the gar
toshav's wine is assur bishtiya
but mutar bana'ah.
Question is a mona shachin. If it's an
issue, it's a package deal. Why are you
making this chillik?
>> [clears throat]
>> So, for us it's mamesh masik midrasha.
Because a gar toshav will not do avodah
zarah, no doubt about it.
So, therefore, there's no chashash of
issur hana'ah. I so why don't you drink
it? Be a sport and drink it. The answer
is you still can marry his daughter.
There's still an issue with the say'ah.
So, we see an interesting concept. If
you are certain on on a that doesn't
do avodah zarah, there shouldn't be an
issue of hana'ah. Now, why is there an
issue of drinking? That's because of the
say'ah. That's chashash.
And the machaber says this in kuf chaf
dalet zayin bet. Another source I want
to mention and that is a katan. Machaber
says it also in kuf chaf dalet where the
machaber the the where I got to be a
katan kuf chaf dalet
regarding a katan, a katan doesn't know
the avodah
of avodah zarah how to do it. His yayin
you can't drink, but you could have an
offer of his wine.
So, here we see again the same issue
with
that a situation that there's no
chashash of avodah zarah, there's an
issue of shtiya, but there's a heter of
hana'ah.
Come to gain the machaber, please
underline it. The machaber.
In kuf chof daled, seif alef, kol
she'eino oved avodah zarah, yeino assur
b'stia u'mutar b'hana'ah.
The machaber is talking about a
and he's saying that if he doesn't do
avodah zarah, you you can't drink his
wine, but you can have hana'ah.
What is he talking about? What is the
situation that he's talking about?
So, l'ma'aseh, we would think about,
comes to mind, an atheist. Yeah.
American, he he serves one god, the
almighty dollar. That's it, you know.
But there's no god in his life.
What also is up to Taz? Muslims. Muslims
don't do avodah zarah. They're very
intolerant to avodah zarah.
So, the machaber is saying, a like
an atheist or a Muslim
is a reduce this. Can't drink his wine,
but no, you're allowed to have.
Now, here, interestingly enough, the Taz
adds this muscle, but the question is,
why machaber does not make compromise?
We saw the machaber says on the almost
first halacha, in kuf chof gimmel, that
a that doesn't do avodah zarah is
still assur hana'ah. So, why all of a
sudden here he's maikel? There it's not
even a kasha.
If you have a stam you don't know
what's told by him, so the most maikel,
but machaber is machmir. You can't
change his zayrus. That's that's stam
yeinam. But if you know he's from either
an atheist or a Muslim,
so why assur?
So, when you know there's no chashash of
avodah zarah because of his personality,
because of his affiliation, then an
achana'i, even the machaber is moider,
there's no issue of hana'ah.
A beautiful insight that the chelek
between someone stam or a that's
not an oved avodah zarah under any
situation.
So, this is the halacha about a Muslim's
wine is never assur hana'ah. Now, I just
want to add, someone has a great idea,
he wants to avoid
stam yeinam by a chassid. He'll hire
Arab workers,
and there won't be a problem of desire.
So there's two problems. First of all,
they're dangerous, and that's number
one. But number two, but there you go,
if the Muslim pours, it's still in a
circle.
Why?
Cuz when I say him, he's
still a guy. So it's not going to help.
Doesn't make a difference. The only
thing you have to do is take away his
honor. But no doubt about it, we see
that all agree that when there's a guy,
a person that does not have a we saw a
guy
a cotton, a Muslim, an atheist, then
there is no problem. Now, the emphasis
we love to say today is all the
at all, but there's still those third
world country I'm going to mention and
not it's only a partial list, but the
Asians and the Jamaicans and the Indians
and the Philippines,
they are they some of them steeped in
they even do sometimes the incense etc.
The Americans, that's the
that follow Christianity, pardon me, but
that would be considered a desire.
Catholics are even more more more into
desire.
But those that are nominal Christians
and they don't believe, that might be
included in that. You have to know, you
know, the groupings without.
But one thing I want to point out and
it'll make you more pleasurable when you
learn the you find some inconsistencies.
The says in our book
Listen, find something very unique. Call
even leave them.
Yeah,
I want to learn that.
That's not
why why why is it called guy that's over
the limit?
The
source that he is the you look up the
guy says that called guy in my guy over
the limit.
Why the say a double option?
>> [clears throat]
>> And the embassy says in the new prince
in the
in the freedom
it called guy like the guy.
But in any prince I saw that
on his and even the boy here
they
take the old prince but not logical over
the limit.
She ain't over a little. What's that?
[clears throat]
The terrorists is this is one of the
examples I would say the good old
senses, but they were the bad old senses
that were they were very worried about
what we write about them.
And one thing that bothered them is why
do we consider them subhumans that they
touch the wine it's wrong.
You know, they're not they're not the
first person that had that lashon hara
about us eating.
You know who's the first one that said
that? Haman. Megillah you have Megillah
base. Haman [clears throat] told the
Achashverosh if they if a fly falls into
into their wine, they drink it. But if
that any of them touch
touch touches the wine, probably it does
say touches the the kais, but probably
means touches the wine,
they attack it's awesome.
So, look what look what they think of
you.
So, the senses could not be so evil that
a is something wrong with him.
So, therefore they changed it to over
Kohanim. You know what that the
old-fashioned Mr. they bow down to
Mr. the Kohanim.
But that's why you find inconsistencies
in the new print, the old print. I'll
give you another muscle. And this had an
impact in Halacha. Beginning of kuf yud
base Halachos pas akum also Halacha pas
amamim over the avodah zarah.
So, the Shach and and Mat Yeden said one
thing and let's say there's no chashash
avodah zarah. Pas pas akum is mutar.
There it says no, avodah zarah. But the
senses put that in. Amamim like Kohanim.
But for us I would like to use that to
save time.
To say don't believe avodah zarah,
do believe avodah zarah, it takes too
long. The word akum is a stam that
maybe has a shichus avodah zarah. The
word will use a means he's just
a non-Jew, but he has no affiliation
avodah zarah. Maybe he's a Muslim, maybe
he's a again
anybody that's atheist, but no shichus
avodah zarah at all. Okay, now let's
move on because now we'll see we'll have
the fruit of our labor.
First question is a terribly painful
question for me and that is the status
of an interreligious Jew. I'm not
talking about the shaila on a chicken,
we're talking about shabbos chain of
shabbos.
What is the status of a fryer yid?
Is he a
In many different ways.
You have a fryer worker, a fryer waiter,
a fryer cleaning lady. You have a a frum
person, baal teshuvah going to his
parents who are not religious.
Is their wine yayin nesech? His father
pours him a cup of wine, he can't drink
it.
But these are the shailos that we hear.
And many other shailos about
is there wine a problem of stam yayin?
And worse yet to me, but we have to do
that, we have to group them together
with the atheists
and the Muslims.
Because the embassy is past this.
A yid
A yid is a million times better than
than a than a
than a atheist or a Muslim.
The Gemara says the meya says whether
he's a ten year old or not
a a yid remains bottom of the makom.
Bonim, even bonim sichlum bottom of the
makom.
So the muskol mission is
a yid remains a yid and don't ever
compare him to a Muslim or or a atheist.
But then again this is even worse than
that.
If the problem is chashash of avodah
zarah, stam yayin, a yid there's no no
chashash.
However, we do know there's a term in
halacha, I'll give you one muscle in
siman peh heh seif gimmel
that a
that that has a reshus together with
other yidden, so it makes it much more
difficult to make an eruv chatzeiros.
And the Machaber says how about a fryer
yid if he's mechallel shabbos
befarhesia? And the Machaber says it
very point blank.
A fryer person makes complications with
the eruv just like a
So once we find his halachic status like
a so maybe who I did regarding stam
yayin.
>> [clears throat]
>> And maybe there's a makor for this.
The Machaber in kuf chof daled seif
says Mumar, even though he's a Mohel,
but he makes Yayin Nesekh. No, it was
Stum Yayinam. No.
Mu- Mumar sound like a fryer person.
It's not true. You look at the Be'er
Hagolah, he sends you to the Gemara in
in in Chulin Daled Daled Amud Beis.
That's the Makor of the Machabe Mumar.
Look up the Gemara, who's Mumar talking
about? Achav Harasha. Achav, but the
question how did Yoash Hamelach eat from
Achav's meat?
I he was a Mumar.
Now, Achav was an real of Avodah Zarah.
So, he not only did Avodah Zarah, but he
could be he had he had Takanah the light
the light he Takanah had Yayin Nesekh.
But, who said a fryer person is included
in the Yayin Nesekh?
But, then again, if we said all the
Halachas of like Plug, and here we said
grape juice Yayin Halacha, the Chiyura
in Halacha, a fryer is like Akum
Halacha.
But, the Pele is there is no Gemara
besides Mumar that speaks about a fryer
person.
And Ramash Nachum Chelek Gimmel Siman
Zayin of Guf Ches, why not he says, "You
know why? Maybe Taka there's no Issur by
fryer person. Because there's no Issur
Chasanus, if his daughter becomes Frum,
you can marry his daughter. And the
average fryer person, I mean, come on,
all of them, none of them are into
Avodah Zarah. So, why should you ask
them? No reason applies." Ramash takes
the Chiyura to say, "Maybe it's only a
Minhag that we treat the fryer person
like Avodah Zarah Stum Yayin like a
Goy."
Now, the Chasam Sofer in Yoreh De'ah
Siman Kuf Kuf, says a little more. He
says, "You're right. There's no real
Issur, but it's a Kanas. They Kanas said
the fryer person that the Yayin the his
Yayin is Yayin like Yayin like Stum
Yayin. Now, the Kasha that someone once
he asked me is, "I don't get it. If you
don't drink his wine, so that's a Kanas
for him. But, if the fryer person pours
my wine, it's Assur for me, it's a Kanas
for me."
But, the Terutz is by the Lay Plug. In
Taka I saw in a wonderful Sefer about
wine and schnapps and and whiskey in
Halacha, he points out that he Ezer says
this in Chelek Daled Siman Nun Mem
Zayin,
he says that
maybe there's a light plug
that even though L'maaseh right, in this
case you cannot sing us,
but that's light plug. Chazal treated a
friar person like a akum like I'll be
this Alacha.
Now L'maaseh again I tell you Al Pi
Svara we could definitely think we could
be meikel,
but again as I told you, no one is
meikel L'maaseh. The mainstream poskim
all agree that that if he's a friar
person, we treat him like a Rachmana
Litzlan. I don't want to put him in the
same category like a Muslim and an
atheist, but it's the same idea. It's
not a chashash of Avodah Zarah, but an
Avodah Zarah of Chashashnus.
Now a tinok shenishba might take away
the status of a friar person, that's a
whole different Sugya, but unfortunately
it seems that L'maaseh stam yeinam the
issur applies by a friar person only
regarding the issur of drinking his
wine. Regarding the issur of Hana'ah of
a friar person, there's no issur of the
wine of a friar person.
I'll give you a mashal, it only happened
here at Tzl, somebody asked about
Yasha's printed Ashrei Ha'ish Omed Ayin
Aleph, that he had a geneiva during the
night, and he woke up, he was very upset
about the geneiva, but he also was sad
there was some bottles of wine on the
table.
How do I know that the ganavim didn't
take a coffee break and drink from the
wine from the bottle?
He said it's only Yidden, stam ganvei
Yisrael, Yidden don't do Avodah Zarah.
And so he was not You don't have to
worry about that that any any doing
anything, but just the fact that
L'maaseh that they took a drink. Now
here's a little bit of an issue here,
because if they drank from it,
and that that becomes stam yeinam. So
could be he assumed that it was just a
chashash of drinking from it, or could
be stam if they poured out from the
bottle and into the cup of wine to drink
a cup of wine, that will soon see it's
not assur. But L'maaseh this is a clear
yesod, it seems that it definitely is a
minag or knas that the Yid a Yid a friar
Yid's wine does become stam yeinam
regarding his shteiyah and not regarding
Hana'ah.
L'maaseh
we have to be careful not to not not to
let him know that. If he if he's if he
hears that we consider him like a
that's really going to finish him off. I
mean, he's in bad enough shape. Got to
be very careful how to, you know, convey
this message.
Interesting Halacha
regarding
Goyish wine is based on a S'la, which is
not in quoted in the Poskim except the
Macha'im, but it's a minig by many
people are very madakdik. The S'la and
you want to find it easily in the in the
new print it's Chelek Aleph Siman Mem
Vav. The S'la in it's in Kedushas Achila
Ois Tes Vav. And he found from a Nachman
Bavli that one should not use wine that
a looked at.
>> [clears throat]
>> Very interesting lesson.
Even though he didn't touch it. He
didn't pour it. He looked at it. He
shouldn't use it for Kiddush. Kiddush
Kos Shel Bracha. Again, as we said, it's
not quoted in Shulchan Aruch Poskim. The
Macha'im, the Chavas Yair in Kupa Gimmel
quotes it and it says it's not just a
problem with Kiddush, who are then any
Kos Shel Bracha. And some extend it
not to make a Bracha Bechlall on wine
that a saw, even a Gafen. So, people
would not Some people wouldn't use it
for Kiddush. Some people wouldn't use it
at all.
What's the reason? So, the S'la explains
when a sees wine
he gets excited
and he thinks about the Avoda Zara. And
Machshavtei is right away Avoda Zara.
So, therefore, it has a a trace of Avoda
Zara. And of course, the S'la says there
something that people He says that he's
surprised people are not madik about it.
But in Mashama Be'einav, he says you got
to be careful that it shouldn't be this
Chashash. Now, this could be a chelek a
chelek for itself, but very briefly
Pashtus is only Kiddush.
Again, as it says, the Macha'im says Kos
Shel Bracha and some say not to make a
Gafen Bechlall.
Number two. Pashtus from the Loshon of
the S'la is Mashma, it's only when the
wine is in the Kos and you could see it.
Cuz the S'la says when you smell the
smells it.
And that also gets him excited about
Avoda Zara. No, in a bottle you can't
smell it. However, some are madik even
in the bottle. In fact, some are makpid
even if it's not transparent bottle,
some are makpid even if the bottle is
sealed, not to use it.
That's a pillow, because even the eye of
an essa is never also in a sealed
bottle.
But then again, some are makpid when the
sees it even by mevushal.
So obviously you're talking about a
chumra that's
you know, as very people are sensitive
to. So we're not going to get into that
point now, but I did I hear someone they
were makpid everything, so how do you
have wine that's not not a shush? He
goes down to Kedem and they only have
goys who work is he does the work, I'm
sorry,
producing the wine. He buys a closed box
and carries it out. No one sees his wine
until it gets to his house. Fine.
[clears throat] Now, but the one
question I think is a mitzvah to farsem.
Let's say you have a frier person by
your table. It could be the shabbos
table, a simcha, it could be a seder
night, it could be a frier a baal
teshuvah going to his his parents home
that are religious.
>> [clears throat]
>> Do you have to also be makpid that the
frier person shouldn't see the wine?
Whatever you Whatever your minig is, if
your minig is only
seeing the wine, whatever it is, but
does that same halacha apply to a frier
person?
So until [clears throat]
now we just proved that legabe stam
yaynam, a frier person is like a So
lechora the same thing should apply. But
avada that's wrong. Because as the
shulchan aruch says befeirus, the the
the real problem is because when he sees
wine he gets excited and he thinks about
his desire.
Avada a yid, no matter how how strong he
is, is not going to think of a desire.
So here the point is, you have a
relative, you can have your own you have
your your own parents, a frier frier
parents, and he comes to the seder, he
comes to the shabbos with a black bag.
His parents say, "What is that?" "Well,
I don't want you to see the wine."
"What's wrong with seeing the wine?"
"Well, it might be stam yaynam."
I mean, how how how terrible of a mess
that might be.
So lema'aseh,
the what I found interesting enough, the
Ben Ish Chai in Sonei Beis Balak,
he says that he quotes this meaning of
the Shulchan Aruch, Maggid Mesharim, he
says, but Medina it's mutar bavada, but
what about
but if a is not a but he's an
atheist or a Muslim,
then there's no problem with them seeing
the wine.
So, if a
if he's not even a Muslim or an atheist,
but
a Yid, even though he's not frum,
I will say, what is the hurt if I am
machmir? It hurts a lot. The
the person the frier person will get the
impression that he's so bad, he can't
look at the wine. And I found something
I think is noteworthy. The
Ba'al HaMa'or in Hilchos Shabbos says
he's one of the square of the Yidden in
Montreal. He says he heard from Ahavas
Shalom that someone came to the Alter
Rebbe's tish
and he was a frier person. So, the
chassidim got nervous, they wanted to
take the wine and take it off the table.
Rebbe said, "No, no, no, leave it. Leave
it right there."
And he says the Rebbe had very many
peiros and he was makpid on everything
and he was makpid on everything. But
this he said, "No, no, no. Don't give
the impression for one second that he's
a A Yid by a Yid. But it's not just
the the eidelkeit, it's possible a
terrible message to the that the
frier person might hear.
The next group of questions is so
hopefully simple and that is when the
something becomes stam yayin.
So, here we see that the Rama said
people throw out wine for no reason.
Because it's not easy to become stam
yayin and I'll explain. When something
is sealed, sealed I mean was never
opened, whether it's a safety seal or
even a regular cap, but you could tell
if it was opened or not, but it was
never opened, is never ever shayach stam
yayin. The could shake it and juggle
it and touch it,
it never becomes stam yayin. Even though
as we'll see shaking it shukshuk is a
form of desire, but as the Mechaber
says, there's not derech nisaich by a
closed bottle.
It's lav davka sealed, by the way. Any
closed bottle, even if it was opened,
you poured out, closed it with a white
cap, that's also closed and that's
Mechaber in Kuntres Hei Tes, a closed
the is never shy any for sure of stam
yayin.
So, when you have a sealed or recap,
it's not a problem. In fact, the talks
about
the guy is carrying a barrel of wine and
there's a cover on top of it. Not even a
plastic cover that fits nicely. It's
covered. As long as you watch that it
stayed covered the whole time, it can
never be stam yayin.
So, this is something interesting that
people the guy took out of the
refrigerator and cleaned the
refrigerator and put back the wine and
moved it both ways. So, what?
The guy moved the took the whole case of
wine, carried it to the car. So, what?
If it's closed, it's never shy to be a
problem of stam yayin.
A guy had someone tell me the side that
the guy is a waiter, carried all the the
carried the box after the same guy
carried the box of wine and put that box
of wine that was open. It was just
closed with a white seal. Carried it to
the car. Is it a problem? It's not a
problem. It's not a
problem. Because if it's closed or
sealed, but even love that any even love
that because sealed, there is no of stam
yayin.
Someone asked me that the baby of the he
had a firm guy. The guy came
on Shabbos morning and opened all the
safety seals from the wine because he
knows he doesn't do it.
And he said, "Oh, what did you do?" He's
all upset.
But if it's still closed
and it's still especially if it's
corked, then there's no shy.
Now, a guy took off the cork. That's a
little bit issue because if he really if
he does it right, so he doesn't really
shake it. Just a little bit moving is
not that be matter. If you shook it
afterwards, then you got a problem. But
basically, it's very
pretty rare to have a case when any when
something is closed or sealed, I love
that there is no shy.
Now, I saw this in shy
where a guy and a was sitting and
they're drinking wine and I thought it
was yayin it was kosher wine, but the
guy drank from his wine so his yayin is
so. Then he said, "Let's make a toast."
And they clunked the two
cups together. Like the guy said, you
know, "Toast."
Question is if the Yiddish wine
became also. Why?
So, the guy was yayin is so and the guy
banged into his car, that was six.
So, I saw in the wonderful safer
he says that that's ready I consider I
don't have a car.
He didn't do it directly, it's
indirectly to his car. And the guy was
holding on to his car anyhow, that would
not be a problem of standing up six.
A
guy
that
had a had a bottle of wine, and if he
touched the wine anyway,
that is taco a problem.
That the guy had a car accident. The guy
had a car accident with a finger or
leg or to the wine itself is awesome.
That was a
accident. They used to mix the wine or
touch the wine or pour the wine. But
this is clearly
if he drank from a bottle directly from
the bottle,
so that the guy says in that I feel a
little bit
that's also as if he touched it. So, if
the guy drank from the bottle,
or he touched the wine itself, or he
shook the open bottle of wine, that is
the problem of
standing up. That's basically that's the
more or less the extent of it.
Now, but when it is when he pours it,
it's also awesome.
That's also a form of
but here you have to look at the
we'll use it soon in
the guy poured the wine
and is awesome because even though it's
awesome,
he didn't touch the wine
only
but the guy is awesome. So, in other
words, pouring is awesome, touching is
awesome, drinking is awesome. Those are
the of standing up.
Good, let's move on and we'll come back
to that soon. That's why it's a problem
that somebody has to have and you're
he sees by a
there are
waiters pouring the wine.
And the only thing he could think of is
they had they're wearing gloves. But how
does gloves take off the
and was very stuck. You have to be
you have to be the whole time
there's no such a thing.
They had to have a
Who said it applies to standing up?
And he says it's wrong. Now, of course,
if you ever see a guy pouring wine by by
our simchas, hopefully it's done right.
It's only mevushal. Mevushal can't be
assur. But a vadem and the ches of Efrat
also a chele gimmel siman hey, someone
said he heard the up grayish waiter is
pouring was not true. The grayish
waiters are carrying closed boxes.
That's okay. But a grayish waiter that
pours the wine, that would be stam yayin
because of the pouring kocha is enough
to assur. But now, lema'aseh, we had a
shaila once when a guy tried to be
helpful and after the simcha there were
non-mevushal wine and a few of them. So,
instead of taking six bottles, he poured
some into the others. So, he reduced the
amount of bottles he left home.
That's stam yayin. The guy poured. No
doubt about it. Agav, it's always good
to die by a simcha if you have a grayish
waiter only have yayin mevushal. Not
because of that, but yayin mevushal is
not a heder legabe a kiddush. True.
But having stam yayin is also not a
heder.
So, if you have a guy around unless
you're watching him the whole all time.
Now, most halls, I think all halls today
don't allow bringing wine into the hall
because it the guy might touch it. Now,
someone said, "But do you have to
listen? Who who are they to ask of me?"
Says, "You have to listen. You're
causing me a just precious problems. And
also you're ruining the reputation. If
you see a guy you see a
a bottle of non-mevushal on a table as
the waiter moves it,
and if it's open, that's stam yayin.
Where's the Where's the hashgacha? And
the hashgacha said, "Don't bring such
wines." So, avada when you have a
mevushal, it alleviates the problem. But
when the guy actually poured, that's the
issue that we're concerned about. Now,
also, if the guy carried an open cup, so
then if you if you see unless you're
watching him like the Machaber, maybe he
touched it, maybe he put his finger in,
maybe he shook it. So, that would also
be a problem. You have to watch him be
chill about save when he's carrying it.
I heard a true story. Someone
invested extra money and he hired only
Yiddish waiters by his Shabbos simcha.
Fine. And everything's going great.
By kiddush, the women said, "We need
wine." So, he said, "Okay, no problem."
Then he made kiddush, put four cups in
front of them, made kiddush, and poured
the wine to all of them. And he said,
"Here, give this to the lady section."
Good. They give this to the ladies,
brought the cups of wine to the lady
section. Who was there? A goyisha
waitress. He didn't think about making a
making a waitress also Jewish. So, a few
goyisha waitresses were carrying the
wine in the open cup
to give it to the heimisha women that
think they're having mahj and mahj.
So, only eight says like the mahj and
mahj. If there are people watching these
goyishas when they were carrying the
wine and it was open, so and they didn't
put their finger in or shook it, and
that is not them. though there is
incidental shaking when you carry it,
but that's not what we're concerned
about. So, knowing the shach would have
saved the day there as well.
Now, la maiseh, this is the concept that
we have to understand about a
pouring the wine. Now, I'll tell you a
maiseh so I saw this in that sefer that
I mentioned earlier.
Beautiful shiva. There was a a an
upscale chasuna and they wanted to have
by by the chuppah real wine ainam
mevushal good quality. So, that you
can't go wrong. We'll just, you know,
drink drink it and the rest we'll throw
out. Fine.
Right before the shabbos was about to
start, the chuppah, a irreligious
photographer
decided to be helpful and poured the
wine from this expensive bottle of wine
into the cup.
And the rov now was faced with a
terrible problem.
A frier yid poured nesach nesach. Poured
not not just you know, not just looked
at it, he poured it. What should he do?
To spill it out? The people are going to
wonder, what is it? They think he's a
There's going to be photographers,
there's going to be pictures, there's
going to be videos. But then again, it's
a problem. Well, let me say a more a
more simple shiva. A someone goes
a a baal teshuvah goes to his parents
home for for shabbos and they're very
very respectful, everything is mahj and
mahj and the kashrus.
His father wants to pour him a cup of
wine. He says, "No, you can't."
But the chiyus is a problem.
So, here we come to the chiyus I
mentioned earlier. And that is the shach
says a lotion that when a frier person
pours, that when when when a pours,
it's considered koichai. It's not the
real issur, it's a take of the issur.
The chiyus you'll see in hilchos
yayin nesach is
by a frier person, the issur goes down
one notch. In other words, for a regular
it's assur in shtiya and I know.
For a year for a a year for a year it's
also
and
also
also also yeah.
But it always go down a notch.
Comes again the greatest shark and
if you have it. And he says a guy that
really has a big impact and he says
if a fryer person pours so it's right
away goes down a notch because of it.
But by a fryer person there's never an
issue of
so what notches to go down? So
and I quote when a fryer person pours
wine it's
because
yeah.
Because
because always also
also yeah.
And this is the pillar of the shark
which really is because you learn
because
the only issue is that they touch
things. The dog
and
on the toes
say
the same thing they endorse the shark as
other things and
and the
talking to the other guy. So you have
a place where you
are the name of the shark that when a
fryer person pours wine it's because
yeah. Now I
have a life saver under the
the
just drink the wine period. The
the
father
now I got a better idea the son pours
for the father. First of all let's keep
it off
and also avoid problem. But let's say
the father pours for the son not the end
of the world. The problem why this is
very not possible the toes that I
mentioned also the cotton
takes strong exception. You can't be
what a fryer person poured.
And the shark and I am base quotes to
the bush the
and
the
other is
that you can't be
on the shark if the toes argues
and the shark argues. The
other is also
you can't be on the shark.
But the mice of the shul was the shul.
So, what do we say? We say what makes
sense. A vada, one should avoid having a
a fryer person pour the wine. In other
words, it's not a good idea to hire
fryer workers.
The waiters, because the mice of the taz
osis as many places. But the avid,
especially in a situation that's very
sticky situation, inside the kiddushin
is momish being watched that they don't
know what what's happening. So, if he no
one's looking, he could spill it out and
so the the wine remaining in the
in the bottle, that's there's no dinner
nitzik killer by a fryer person. But,
you know, it's not like, you know, you
could wash negel vasser, you could wash
mayim acharonim under the table. You
can't pour out a cup of wine under the
chuppah. You know, it it it it will just
be it will go viral, you know, what what
he did, you know, what's he doing?
Lema'aseh,
but in the case of a shas at chak, we
have this heter to be sameach on you
could even drink the wine.
Now, lema'aseh, this is why we
understood by the chasan as well, it was
something of pashut there's no other
eitzah. You can rely on the shul in that
situation.
Consider the next question you may have
never thought of, but it needs
eeyan.
Can I pour for a fryer person a cup of
wine? Why not? It's me pouring for him.
And so, here the question is like, the
emes when the the the fryer person, when
he gets the the wine, forget there's no
problem. When he starts to drink it,
so then it becomes stam yayin nom.
Because it touched his mouth.
So, here all the places can wonder,
is that a heter now? Because by me
pouring the wine, I'm giving him a
chazanta doing a vera of drinking stam
yayin nom. It's also lifnei ivar. If he
pours for himself, that's his problem.
But I am pouring for him,
and by that, it's not even a problem
because he could pour for himself
because the fryer person pours no issur.
But if I pour for him, it's my lifnei
ivar.
So, what's the heter?
So, there's a beautiful letter from the
Steipler, it's printed in my Adam
Yitzchak chelek ches, sit it's amud
tzadi aleph, you want to see it mikhtav
beis and all about it. And the Steipler
says that lema'aseh,
he's he's only a he's considered a
of course clappy others but not the
himself cuz he's a Yid.
And clappy himself so but therefore
there's no problem of lifnei eiva
because the Maisha clappy himself he's
there's no issur of him making his own
yayin nesach.
The Staipel says that yesod and he likes
that yesod.
The Beis Shaul
in Yoreh De'ah siman reish chof he says
in Sneh Chah, he says why is Staam Yayin
Maisha to keep a distance from the
Well, you can't keep a distance from
yourself.
So, he can't drink his own wine because
a distance for what?
Rav Maisha we could really appreciate.
Rav Maisha who says really his question
was this question. Someone asked him how
could you pull off a fraya lifnei eiva?
So, Maisha after he proved that it's
only a minig
he says, "Oh, so the minig is only that
the assuras Staam Yayin but not to the
extent that it's even an issur of lifnei
eiva." So, Maisha uses his yesod as only
a minig to prevent for this this
question as well.
I must mention also the Staipel
mentions it and then he retracts from it
by Sdei B'Yasha the same thing. Maybe
the Chashmona'im is possul.
Either you treat him like a Yid or a
But either way he could drink his own
wine. If he's a Yid, he could drink his
own wine. If he's a he could drink
his own wine. You can't give him the
worst of both worlds. He's like a Yid,
like a make up your mind. So,
Ma'aseh Rav Shaul said the Staipel even
though he retracts from that but Rav
Yasha said this yesod, he can't be on on
both counts. Either he's a or a Yid,
either way he could drink his own wine.
Now we could say acharon chibed the
question that we began with when wine is
left alone, unattended
and only a is there, a goyete is
there, there's no difference or
goyete. You left a person left his wine
in the yeshiva over bein hazmanim or at
home a cleaning lady and they go on
vacation or even a day at work. The the
various situations that a is left
with wine. So, the Emes says if there's
a nichnas v'yotzei, if people are
coming, so there's no shaila.
If there's a valid meertis for whatever
reason, but I'm being careful, whatever
reason, if there's a valid meertis, they
won't touch the wine, fine. I'm talking
about a yeshiva that was ben hazmanim
and there's no nichnasim during the ben
hazmanim. So, the are there alone.
They know what they've They're every
year they go through this. Pesach
they're a few days alone. Or a cleaning
lady knows that they're both husband and
wife go to work a full day. No one comes
home.
On my old catering hall, all the yidden
leave and the place to work is closed up
and they're together with wine for a
long time that there's no one coming.
So, what's the problem?
The shash is very serious.
This is dam yayin they might drink from
the bottle, the rest of the wine is
ossur.
They might pour pour wine to the other.
What's How do you know what's going on?
So, the emphasis True, today there's
less avodah zarah in the world.
But, one thing I want to tell you that
this is a machaber, it's not nervin,
it's a machaber, devotes two simanim.
Yoreh De'ah kuf resh ches, kuf resh tes,
wine that was left with the in hand of a
and if there's no nichnasim, there's
no meertis, the wine is ossur. The
machaber says it as clear as can be.
So, even though there is no concern of
avodah zarah today as much, but you
never know.
And the same problem of course with the
meat. I know I spoke to someone
recently. He told me that he asked
his rav
Rav Chaim Kanievsky
a while ago about this shaila. He goes,
"I don't know if I had that. If you find
out, then call me day or night."
But, this year told him what he did was
he was worried about also the meat,
leaving the house with with with
meat and with pots.
He He in- in- invented He He invested
big money. He has switched to close the
oven and the gas range could not work.
He locked the freezer
and there's no problem. Everything in
the freezer I mean locked the
refrigerator and freezer, meat, chicken,
wine, everything was inaccessible. There
was no cooking apparatus.
But, that's regarding meat, which is a
different story. But, regarding wine, if
the chazal say it's ossur, what what
should be the heter?
Now, people say, "Yeah, what's the
chance then? I know they're nice
people."
If you say that, you're probably not a
rov, because every rov in those stories
I heard this from rov last week,
a woman walked in the house and he saw a
frying meat.
She said, "Rov, what what what what
means that from?" Because I should He
mentioned He mentioned the store in
Flatbush, a kosher store.
Or the other nation. But the fact that a
took it cook meat that's as if
Is it a bishul akum?
Another story, and this a rov said he
saw he's he's He swore he heard from the
from the from the ba'al habos. They went
on vacation for a week and they came
They trusted the that they came
home. And somehow they they went into
the videos and they saw a party of all
the local goy'im were having in this
person's house.
I guess a little bit of an akum also. We
have to work with these people. It was
mamish a party. Everybody brought their
food and they're looking around like a
bunch of different goy'im in this
in his mishkan and they were having a
party of of uh you know
of a takrivos avodah zarah.
So lema'aseh, again, it's not just an an
erven issue.
There's a problem here. So if a person
is able to create a mirror this, he has
a security camera that goes 24/7, it's
all over. Or he only leaves bottles of
wine that are sealed properly and
chanam.
Reb Elskin in Sefer Kodesh in Sha'ar
Yayin she'einam mevushal, mogla anachri
leshmirah, hareihu yayin nesach.
And that's the posuk.
So how do you avoid that? How do you go
around that?
So lema'aseh,
the Mechaber does say this is halacha.
Now someone told me that the Belzer
Dayan, the Zayins Reb Eckstein, has a
teshuvah in his sefer, which I didn't
have, but I got it hold of it. In the
sefer on Pesach, he has teshuvos in the
end and he's meikel. So I wanted to see.
So I looked it up in Amud Tav Daled. So
he takke has a shaila where the left
the hole with the goy'im and went home.
Is the wine muttar?
So he writes there, in my shiur, I say
it's assur.
But probably I say it's muttar. Why?
Because the posuk is a very very very
psak. Don't be meikel where it comes to
some yayin.
Now, why am I meikel? He says, because
maybe today they they can't stick their
finger into the
wine bottle, it's too small. And maybe
they won't drink the wine, it's only a
safek and it goes with a safek will got
to be stum and the safek is mutar.
But he himself says that he's not same
on the head there.
And it's in the shear he says that it's
also. But it's also a kodesh to say
safek even though stum is is also
is not also be safek but then again this
is stum.
The maiseh it's taka something that
needs clarification. We do baruch hashem
we raised the level of kashrus in
America. It's unbelievable it's
inspiring but this needs a ticket. I'll
leave you with something a story that I
heard from my rav but they have you over
them. It was once a Sunday morning he
was walking it was early in the morning
and he saw a couple from his kehillah a
husband and wife walking.
And he got nervous why is a woman
especially a woman up so so early Sunday
morning because everything okay? He goes
yeah yeah we're finally going on our
long awaited vacation. So where are you
going now? Well we're not leaving our
valuables in our house and our jewelry
everything we're putting in the safe
deposit box. All right the rav says one
second. Who's in your house now?
The there.
And the children.
But here we just said you're not leaving
your valuables with the there your
jewelry. But your children and your
kashrus and your wine
them you do trust the there. It
comes to the valuables you you don't you
don't trust them.
And it it was a tremendous lesson that
our valuables our kashrus our of
ourselves our children this is something
that has to be addressed. If this taka
the shulchan aruch asks this we have to
find ways to do it but if it had that we
can talk to you.
>> Shamayim should return like to give a
big shout out to our sponsors for
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for any questions or comments
>> May.
Hey.
Hey. Hey.
Hey.
>> All right.
Okay, whoever wants to be here you say
you go out of the ones we mentioned last
week for the sake of shh.
>> What we learned today Yayin Nesekh is
hopefully not nigeya, that's an issur
derabbanan of the craves of avodah zarah
is a pasuk. The sugiyah today was stam
yaynam, [clears throat] which means wine
that a
gave you or a that a wine that a
has or he either touched it, touched the
wine or shook it as a sort of avodah
zarah that is that we don't know what's
doing in his mind, that's not avodah
zarah but Chazal instituted for two
reasons. Number one, khashash avodah
zarah, and number two, the issur um of
khasnus to prevent any intermarriage
between a Jew and a
There are most khiddushim bizman hazeh
that there are no avodah zarah, there's
no issur hana'ah on any stam yaynam, the
Mekhaber is makhmir and even the Rama
says only makom hefsed you could rely on
this. If a person got an expensive gift
of wine, according to the Rama he could
be gifted, that would be considered
makom hefsed. Safek of stam yaynam is
muttar, grape juice it seems all the
poskim agree is included in the issur of
of yaynam. An atheist, a Muslim, a have
the dollars, a friar Yid
is there's never an issur on their wine.
The only issur is sh'tiyas of their wine
because there's no problem of avodah
zarah.
There are today religious of
that do have a problem of yayin
nesek. You have to be careful about
that. There is a
as we said, the difference between the
word and akum. means he doesn't
have any affiliation. Akum means
potential of avodah zarah and that will
explain the Shulchan Aruch. Some of it
has been tampered with. A friar person
only asses in
the sh'tiyah. His wine is assur
b'sh'tiyah but muttar b'hana'ah. Looking
at the wine, there are various levels of
this chumra up until even
even mayim mevushal in closed bottle.
But l'ma'aseh, we are not machmir with
that regarding a friar Yid cuz he's
still our brother.
A sealed or closed bottle can never have
any issur of stam yaynum because there's
no avodah when the bottle is closed.
If a took off the safety seals or
even opened the cork without shaking it,
there shouldn't be a problem. Moved
a closed or sealed bottle upstairs,
downstairs, in the refrigerator, it's
all fine. There can be a shaila. Shook a
closed bottle is also muttar. It's also
muttar because there's no issur when
it's closed.
A the the heiter that we had by a friar
person is even if the friar person
poured the wine,
then there is no issur sh'tiyah on that.
The Makom Torah gives that's the Shach's
chiddush. You can rely on that. But
Tshuvas his parents on or by a chuppah
as we said, pour for a friar person is
not assur for various reasons. As we
said, leaving home with a a or
goy'te and there's no nichnas l'yotzei,
there's no me'ut is there is that
serious problem and one should be
careful either to leave the house, not
leave the house at all times, you know,
leaving it on the without any enter to
the when he's leaving, but either they
have yayin mevushal or sealed bottles or
at least to have a security camera that
will alleviate the problem.
Yeah, what do you want to say?