Reply To: Stam Yeinam gift

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#1117868
MDG
Participant

DY,

After looking at the Shach and the Taz that you cited (thank you for the links), I now see how they pasken and learn the Rama. I still think that my read (and what I think is PBA’s read) of the Rama could make sense, but no Acharonim see it that way.

To recap the way the Shach, Taz, and Gra learn the Rama: There is only room for heter to recoup a loss by selling the (collateralized) wine that was taken. There is also room for heter if the Jew bought the yayin nesech b’issur and now wants to avoid a loss. But in the above cases it’s better to be strict.

BTW, the Mechaber’s view includes no heterim. I saw Rabbi Mansour’s “daily halacha” which says that one can’t do anything with it, not even gifting it. He says to spill it down the drain. I presume not the kitchen sink.

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“2) Tovas hana’ah, such as giving away to a different business associate, would be assur, and that’s not tangible.”

I think that re-gifting the bottle is in place of spending you own money for a gift. That is a tangable benefit.

In any event, do you have a source?