By Rabbi Hayim Asher Arking and Rabbi Ezra Ghodsi
Throughout history, wine has been regarded as a distinguished drink that can both elevate the spirit and expose one’s innermost thoughts and feelings. This potency makes it a double-edged sword: it can be used to bless life, as we say L’hayim, or, if handled improperly, to destroy it. Seeing this power, our Hachamim instituted safeguards regarding its consumption, to protect the holiness of the Jewish people and prevent intermarriage. Additionally, wine from a non-Jew may have been used for idol worship (avodah zara). Such wine, like the avodah zara itself, must be destroyed; it is forbidden to derive any benefit from it or its value.1
Wine used for idol worship is referred to as yayin nesech (wine that was poured), while wine produced or touched by a non-Jew is usually referred to as stam yeinam (their regular wine).
I received a non-kosher bottle of wine as a gift; can I sell it or re-gift it?
As mentioned, it is forbidden to derive any benefit from non-kosher wine. Therefore, one may not purchase non-kosher wine to gift to a non-Jew, such as a co-worker. By the same token, if one receives such wine, it may not be sold or even re-gifted, as there is always some benefit or goodwill that will be gained by the giver. The bottle should be destroyed in a way that prevents anyone from benefiting, such as pouring the wine down a bathroom drain.
Do the laws of stam yeinam apply only to wine?
These laws apply to both wine and grape juice equally. Therefore, if one has a non-mevushal grape juice, it may not be handled by a non-Jew. This makes grape juice concentrate a significant kashrut concern. It is frequently used as a sweetener or flavor enhancer in products like fruit punches, fruit snacks, and “Refreshers” (such as those at Starbucks).
Fortified wines, such as sherry and port, share the same status as regular wine. If they are not mevushal and are handled by a non-Jew, they become forbidden.
What about brandy or vinegar?
Wine derivatives, such as brandy, cognac, and wine vinegars, are still forbidden if they were produced from non-kosher wine. Although they are no longer considered wine, the change in status does not remove the original prohibition. Nevertheless, kosher brandy or vinegar that was produced from kosher wine, may be handled by a non-Jew, since it is no longer classified as wine. Similarly, if kosher non-mevushal wine is used to prepare a marinade or sangria, the final product may be handled by a non-Jew, as the addition of numerous other ingredients significantly alters the wine’s original taste. However, if non-kosher wine or vinegar is added to a recipe, it will render the entire dish forbidden.
Why is “mevushal” wine different?
Because cooked wine is of lower quality and historically less common, the Hachamim did not extend the prohibition to wine that was cooked prior to being handled by a non-Jew. However, cooking the wine after it has been produced or handled by a non-Jew will not reverse its forbidden status.
Modern “mevushal” wine is typically flash pasteurized in a closed system rather than boiled, a process that minimally affects its quality. While the common custom in America is to treat such wine as mevushal, some are more stringent and do not apply this status to wine that has only been pasteurized.
What’s the story with Scotch aged in sherry, port, and madeira casks?
The distinct look and taste of premium Scotch often come from wine barrels. Whether the whiskey is aged the whole time in a “first-fill” sherry cask or just given a quick “wine finish,” the goal is the same: to give the drink a deep ruby color and rich notes of dried fruit. These flavors come from barrels that previously held fortified wines like sherry (from Spain), port, or madeira (from Portugal). “Fortified” means these wines have been strengthened with extra alcohol, making them more potent than standard table wine. While this process creates a popular and exquisite drink, it also creates a complex halachic reality where the wine’s presence is no longer just a background detail, but a main highlight of the final product.
There are varying degrees of “sherry cask” aging, ranging from barrels containing actual liters of wine (as testified by industry experts), to “wet barrels” that remain very saturated, to “second-fill” barrels that impart only a subtle flavor.
Much has been written regarding the questionable permissibility of sherry casks in Scotch production. Some authorities argue that the sherry does not render the Scotch forbidden based on two main points:
- The Shulhan Aruch (137:6) rules that water and other beverages stored in a wine cask remain permissible, as the wood’s absorption is not consequential enough to affect the liquid.
- Many authorities maintain that when wine is diluted at a 1:6 ratio, its taste is “ruined” to the point that it loses its identity and becomes nullified.
However, it is difficult to apply these leniencies here for a number of reasons: (a) since the wine is fortified, it imparts a stronger flavor and can potentially penetrate deeper into the wood; and (b) the casks are selected specifically to impart flavor. This becomes even more problematic for “first-fill” or “special finish” Scotches, where significant amounts of actual sherry wine, sometimes many liters, are left in the barrels to be mixed with the Scotch. It is difficult to argue that the wine is “nullified” when its presence is being celebrated and sought after. In fact, some Scotch companies go so far as to own large stakes in wineries simply to secure a steady supply of sherry casks.
Given these complexities, it is important for the kosher consumer to be more discerning when selecting a bottle. One should recognize that Scotch aged in sherry casks presents a significant halachic concern, and even within this grouping, the level of concern increases with the intensity of the wine’s influence. Often, the bottle’s labeling and the depth of the Scotch’s color can indicate the volume of sherry involved, serving as a practical guide for those looking to maintain a higher standard of kashrut. One can also check the cRc Liquor List or the Star-K Liquor List for a list of approved alcohols without any questionable additives.
What type of drinks can I order at a bar?
It is not only the drink itself, but also our environment, the ambiance and company, that help us retain our identity. Therefore, drinking alcohol in the company and place of non-Jews, such as a non-Jewish bar or party, is not allowed, even for drinks that pose no concern of containing non-kosher wine. Similar to the above-mentioned restrictions on wine, the Hachamim put these guidelines in place to prevent intermarriage.
More to come next month…
A project of “Ohr Halacha..” This is Part One of a two-part series. The full article with the footnotes can be viewed on our website: ohroftheshore.com. For question and comments, or for general halacha questions, please call/text the “Ohr Halacha Hotline” – (732- 359-3080. We can also be reached via email: halachaquestion@ohrhalacha.com.
1 This is the ruling for Sefardim. For Ashkenazim, in a case of a loss, one may derive benefit from wine handled by a non-Jew. Drinking, however, remains forbidden according to all opinions.