More Discussions for this daf
1. Mumar 2. Christianity 3. Stam Yeinam
DAF DISCUSSIONS - AVODAH ZARAH 57

David Goldman asks:

Finally, it should be realized that today wine is produced by mass manufacturing that has no religious significance either as yayin nesach or yayin stam, and therefore it is unnecessary to rely solely on "Kosher" wine, and it should be exactly as the situation is with beer, that can be used without being "kosher".

David Goldman, USA

The Kollel replies:

Dear David,

Even if we accept your assumption that the rational of the Isur of Stam Yeinam no longer exists, we would still be obligated to adhere to it. We have a principal of Davar sh'b'Minyan, which says that once a Gezeirah or Takanah is enacted by the Chachamim by Beis Din, it is not possible to undo it except by a greater Beis Din - which we do not have today (see for example Beitzah 5a).

There are exceptions to this rule. Take for example the prohibition of putting Tzitzis in a Talis made from Pishtan (linen). We rule like Beis Shamai who says that because of the concern that the Techeiles, which has to be wool, might be Kla Ilan (a fake Techeiles), we are not allowed to put any kind of Tzitzis in Pishtan. The Rosh, however, in a Teshuvah says that since we do not have Techeiles today the Gezeirah no longer applies (maybe today, when people have started to wear Techeiles again, he would say differently). The Mishkenos Yaakov explains why this is not in violation of the principal of Davar sh'b'Minyan. Basically, he says that since the reason for the Gezeirah was part of the Nusach of the Gezeirah and the Gezeirah is uprooting a Mitzvah from the Torah (because of the Gezeirah, a person is allowed to wear a four cornered garment of Pishtan without Tzitzis) if the reason no longer exists then the Gezeirah is nullified.

However, in our case, the rational of the Isur of Stam Yeinam is as strong today as it ever was. The primary concern of Chazal in enacting the Isur was not out of a concern that the wine had been used for idol worship. For that alone, Tosafos explains, the Sages would not have made a Gezeirah. That was a secondary concern that added on to the prohibition an Isur Hana'ah (deriving any benefit). The primary concern was intermarriage, and I am sure you will agree that that is very much a concern today.

Since you mention the Heter of drinking beer without a Hechsher, it is worth pointing out that, even though Chazal did not forbid other alcoholic drinks that were touched by a non-Jew, but they did forbid drinking them in a non-Jewish drinking establishment (YD 114:1). Some say that the prohibition applies only to the type of beer that they drank in Bavel - Sheichar Temarim (Rem"a), but other say that it applies to all alcoholic drinks (Pri Chadash, Pischei Teshuvah). In fact, the Chachmas Adam (66:14) goes further and says that it even applies to drinking any beverage - including coffee and tea - in a non-Jewish establishment. The Chachmas Adam says that in his generation things have become very Parutz (my wording) and we have to be very careful about these laws. If he considered Vilna of the eighteenth century Parutz, it is hard to imagine what he would say about our generation.

Kol Tuv,

Yonason Sigler

This is not a Psak Halachah

David Goldman asks:

Yes, but Rashi and the Rema and other authentic poskim have already explained rationales for leniencies in stam yenam. Today we know that wine is produced by mass production not intended for any particular religion or people, just like orange juice or seltzer water. Those owning the merchandise are not the church or monks, but a corporation, which is a non-human entity. I don't see why there should be resistance under such circumstances to using wine just as anything else given the total change in circumstances. Just my 2 cents.

The Kollel replies:

Once wine has been handled by non-Jews, even if they have the status of Chasidei Umos ha'Olam (see Rambam, Melachim 8:11), the wine cannot be drunk. The primary reason behind the Gezeirah was to prevent intermarriage. Intermarriage is a problem even with monotheistic non-Jews.

The fact that wine today is mass-produced does not change matters. The only place we find a leniency for mass-production is by Pas Akum, where there is a Heter for Pas Palter. Tosafos explains the basis for this Heter - bread is the basic staple of our diet and without it life would be difficult. The Sages did not apply this Heter to either Bishul Akum or Stam Yeinam.

The only leniency that we find regarding wine handled by monotheistic non-Jews is that one can financially benefit from the wine - for example selling it.

Kol Tuv,

Yonasan Sigler

This is not a Psak Halachah

David Goldman asks:

And then what about goyim should work for a Jewish owner?

DG