By Rabbi Hayim Asher Arking and Rabbi Ezra Ghodsi
In what ways can a Jew’s wine become forbidden?
There are four ways wine can become stam yeinam and therefore forbidden:
1. Touching: The actual wine was touched by a non-Jew, whether by hand, by mouth (such as when drinking from a bottle), or with any other part of the body. This can apply even if they touched the wine with an object they were holding.
2. Agitating/Shaking (shichshuch): The wine was agitated by a non-Jew, even if they only shook the cup or bottle without touching the liquid directly. Since agitating/shaking wine was a form of idol worship, this action renders the wine forbidden.
3. Pouring (kocho): The wine was poured by a non-Jew, regardless of whether it was agitated/shaken. This principle is not limited to pouring; it applies to any wine displaced or moved from its container by a non-Jew.
4. A Connecting Stream (nitzok): The wine was connected to non-kosher wine, such as through a continuous stream during pouring.
If a waiter carried an open bottle of wine, may we still drink it?
Although wine touched by a non-Jew becomes forbidden, simply touching the outside of a bottle does not affect its status. However, one should not allow a non-Jewish waiter to move or even lift an open bottle. As previously explained, the wine can still become forbidden if it is “shaken” (shichshuch), even if no wine is actually poured. Similarly, if a non-Jew carries an open bottle or cup, the wine would generally be forbidden, as the act of walking naturally causes the liquid to shake. Due to the nuanced nature of these laws, case-specific details can make a difference, and one should consult a rabbi if such a situation arises.
What if I left a bottle of wine in the fridge and the maid moved it?
Wine only becomes forbidden through “shaking” if the wine is uncovered. However, if the bottle is covered, even if not sealed, “shaking” is no longer an issue. Therefore, as long as there was a bottle stopper or a partially replaced cork, the wine remains permitted.
This is only true if there is no concern the bottle was opened by the non-Jew. While it may be acceptable for the Jew to be in another room and leave a maid or waiter around a covered non-mevushal bottle, two conditions must be met. First, the Jew can walk back in unexpectedly (yotzei ve’nechnas). Second, the non-Jew must know they are not allowed to handle the wine, which in some cases may require them being clearly instructed not to do so.
However, leaving a non-Jew in the house alone, even with the possibility of an “unexpected” return, may no longer provide a sufficient deterrent. For instance, a maid or worker may be familiar enough with one’s daily schedule to know when they can handle the wine without any risk of someone returning. Likewise, a window might allow them to watch for someone arriving, providing enough time to handle the wine and return it to its place without being caught. In certain situations, cameras can serve as an effective deterrent, if the person knows they are being filmed and that someone is actually reviewing the footage.
What if a non-Jew poured wine into a cup?
In this case, both the wine in the cup and the wine remaining in the bottle become forbidden. The wine in the cup is rendered forbidden by the act of pouring (kocho), while the wine in the bottle becomes forbidden because the continuous stream connects it to the wine in the cup (nitzok).
Can a Jew pour wine into a cup held by a non-Jew?
The concept of nitzok applies even if the one pouring is Jewish. For example, if a Jew pours wine into a cup containing remnants of wine previously handled by a non-Jew, the entire bottle becomes forbidden. Furthermore, even if starting with a clean cup, the non-Jew may move or tilt the cup while the wine is being poured. This would render the wine in the cup forbidden because of the “shaking,” and in turn, render the wine in the bottle forbidden through the continuous stream.
What is the proper way to store a bottle of wine when it will be left with a non-Jew?
In general, there are two levels of security when leaving kosher food unsupervised. For foods that carry a Biblical prohibition if switched, such as non-kosher meat or fish, a double-seal is required. For foods involving a rabbinic prohibition, such as bread or cheese, a single seal suffices. Although the prohibition regarding wine is rabbinic, it is treated with greater stringency and therefore requires a double seal.
A practical way to create this is to tape a plastic bag over the bottle and write Hebrew letters (or one’s signature) across the edges of the tape and onto the bag. Writing two letters across the seam satisfies the requirement for a double seal, as each individual letter counts as its own seal. For this to be effective, the seal must be set up in a way that, if someone attempts to peel back the tape, it would cause the characters to misalign, and it would be difficult to restore the letters perfectly.
Alternatively, one can hide the bottle in a place where it is highly unlikely it will be noticed by a maid or other non-Jewish workers. This can be a practical solution for Shabbat and yom tov when making the above double seal is not feasible.
Do these laws also apply to a Jew who is not shomer Shabbat?
While the laws of stam yeinam generally extend to those who are not shomer Shabbat, the restrictions actually take a significant “step down” in severity compared to those involving a non-Jew. For example, if a non-shomer Shabbat individual touches the wine, it is forbidden to drink it, however, one may still derive benefit from it. (On a side note, this leniency also applies if a Muslim handles non-mevushal wine.) When hosting friends or family who may not be shomer Shabbat, it is preferable to only use mevushal wine. As this is not always an option, there are specific leniencies that are important to be aware of. For instance, if an open bottle was accidentally moved by a non-shomer Shabbat individual, the wine remains permitted. Furthermore, many say that the laws of nitzok (the “connection” between the stream and the bottle), do not apply to a non-shomer Shabbat individual. Accordingly, if they pour wine into a cup, only the wine that was poured becomes forbidden to drink (kocho), while the wine remaining in the bottle remains permitted.