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Pesach Wine and Yayin Nesach: The Whys


By Rabbi Yair Hoffman for the Five Towns Jewish Times

Choosing the Pesach wine is a pastime employed by many people this time of the year. One main question people have is whether to buy mevushal wine (cooked wine) or to by non-mevushal.
Although the halacha allows for both cooked wines and non-cooked wines for the recitation of Kiddush (See Ramah SA OC 272:8), some people are stringent and try to use wine that is not cooked at all (see Mishna Brura 272:23 and Kitzur Shulchan Aruch 77:6). However, there is a downside to this stringency. The downside is that non-cooked wines are more susceptible to become prohibited under the concept of Stam Yainam.

What is Stam Yainam and why are these wines prohibited? Also, what are the details of these laws? What may be done with wine and what may not be done? In order to better understand the concept, a brief excursion might be instructive.

The Odyssey is an ancient Greek tale by Homer that is studied in high schools across the country. In it appears our instructive line:

“To misuse a stranger in the house of Odysseus is a shame. Now let us pour out a libation of wine to the gods, and then let each man go to his home.”

Clearly, it was the norm in ancient times to pour libations of wine to gods and deities that were commonly worshipped. Homer’s casual insertion of the line is tantamount to ordering a beer in today’s society.

All this, of course, is quite foreign to Judaism and to the Torah way of life. To Judaism, the so-called “gods” and anything offered to them – particularly these libations were an affront to the very purpose of creation. The Torah and the Rabbis, as seen in the laws of Yayin nesach and Stam Yainam, showed a passionate indignation toward these offerings. Why? Why the intensity?
The answer of course lies in the Jewish conception of Hashem. Not only is Hashem the Creator of the world, but He is the source of all that is good. He is also desirous of the ultimate good of mankind – all of mankind – and rewards good and punishes evil.

Idol-worship and all its accouterments form the anti-thesis of Hashem’s purpose in the world. Wine libations that are offered to the gods serve to cement man’s allegiance to the negation of the Divine purpose and message in the world. And this lies in stark contrast to Torah and the ultimate mission of the Jewish people.

But it is more than this. It is the casualness of it all too. The message and mission of the Divine plan should be all-consuming. The casual disregard for Hashem and for the purposes for His creating us, as is typically manifest in the example of the Odyssey, highlights all that is wrong with what mankind is doing. It is not just evil, but the very banality of evil which gives rise to that passionate indignation of Judaism.

Just as the observance of the Sabbath affirms and attests to the Hand of Hashem in the Creation of the world – the wine libations to “gods” attempt to deny Hashem, His purpose in creation, and His system of reward and punishment. It denies the Divine and prophetic messages of Chessed, love, acts of lovingkindness, universal brotherhood, and Divine service.

On Rosh HaShana we pray for that ultimate time when all the nations in the world will unite under one banner to perform the Divine Will with one united and complete heart. And just as a banner or a flag represents the hopes, ideals, and aspirations of a nation, so too does an “anti-flag.” Wine libations to gods are the physical embodiment of this “anti-flag” negating the Divine message and purpose in the world.

Jewish philosophy has always posited that the existence of the One Hashem is intuitive by reason. Any thinking person can see Hashem’s existence by reason alone. The lack of this knowledge, the eclipsing of Hashem is brought about only by dint of desire. The gods and the wine gifts to them are a clever ruse of the Yetzer HaRah to deflect mankind from his true role and purpose in the world.

And the Jewish role is precisely the opposite. We see from many passages and psukim in Tanach (e.g. Hashem’s concern for Pharoah, Amos 9:7, Sefer Yonah) that, far from being unconcerned with the fate of the gentiles around us, the Jewish role is to be a light unto the nations to ultimately bring the nations of the world back to the belief in ethical monotheism. This reason is also reflected in the idea that wine can lead to the abandonment of our mission in numerous ways including intermarriage.

Our purpose eventually is to cause man to reflect upon his true role and purpose in the world. Our first concern is to make sure that we are up that task, however. That each member of the Jewish nation develops Dveikus Bashem – that close bond with the Hashem – which lies within us. The role of or la’amim is the fulfillment of the true destiny of the Jewish people – one we were Divinely chosen to fulfill as we recite in the Kiddush, “Ki vanu vacharta mikol ha-amim.”

The fulfillment of this role involves the development of a focused purpose in what and who we are and what we should be doing. The issue of wine is so severe in the eyes of guardians of the Torah tradition that they even forbade the use of wine if it was handled by anyone who is not fully committed to the message of Torah and Judaism.

These laws are as follows: If a gentile grabbed hold of an open bottle of wine and swirled it, even if he or she did not lift the bottle nor touch the wine – the wine is forbidden. (SA YD 124:17) According to the Ramah, however, because of various mitigating factors – if there is a significant loss involved, one may be lenient – even if the wine bottled was lifted and shaken or stirred.

If the gentile held a closed bottle whether it was either full or partially full, the bottle is permitted. The reason is that this is not the manner of pouring a libation. If the gentile held an open bottle and lifted it but did not swirl the contents around, the wine is still permitted. If the gentle merely touched the open bottle this is certainly permitted.
The prohibition extends even to leaving an unsealed bottle of wine with a gentile.

It is important to bear all this in mind when putting away the wine for the Seder and there is a concern that a gentile will make use or pour the wine. As we have seen from the laws, not all wine that is left out has become unkosher. It is important to reflect upon the message that lies within this prohibition – especially during this holiday where we celebrate the formation of Klal Yisroel as a nation. A Chag Kasher VeSameach!

The author can be reached at [email protected]



One Response

  1. The Rabbi may have overlooked a few sources:

    שבת יז ע”ב:
    “גזרו על פתן ושמנן משום יינן, ועל יינן משום בנותיהן”.

    הט”ז
    סי’ קכ”ד
    משום בנותיהם אסרוהו בשתייה,

    מאכלות אסורות יא:ז
    כסף משנה
    איסור שתייה הוא משום בנותיהם

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