Kosher Wine: Yayin Nesech, Stam Yeinam, and Maga Akum

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General

There are three concepts at hand: Yayin Nesech refers to wine that was actually used for idolatrous wine libations, Stam Yeynam is wine owned by non-Jews, and Maga Akum, which is Jewish wine touched by a non-Jew. Yayin Nesech is prohibited in benefit on a Torah level, like all items associated with Avodah Zarah, but Stam Yeynam and Maga Akum are prohibited by the Chachamim for two reasons. Firstly, to prevent intermarriage, they prohibited one from drinking non-Jewish wine, as wine brings people together. In addition, the prohibition was extended from just not drinking to not getting any benefit from both Stam Yeynam and Maga Akum, because there's a chance that it was used or moved by the non-Jew with intent to pour for his idol.[1]

What's Subject to the Prohibition

Mevushal and Mefustar

  1. The Chachamim did not include cooked wine in their Gezeirah, because it's not fit for idol worship.[2] While the Geonim define "cooking" for these purposes as boiling, the Yerushalmi says some of the wine must evaporate. Some say that they're one and the same and boiling is really sufficient, while others require a change of taste and/or minimizing of alcohol content. Therefore, Rav Shlomo Zalman Auerbach[3] and Rav Ben Tzion Abba Shaul[4] argue that pasteurization cannot be considered cooking, because the vapor is mixed right back into the wine; Rav Moshe Feinstein[5] and Rav Ovadia[6] claim boiling is what it hinges on and evaporation is just a sign of it but not necessary. Rav Moshe Feinstein and Rav Ovadia require pasteurization to a temperature exceeding or 175˚ F, respectively, and the Tzelemer Rav z”l insisted on a minimum 190˚ F. On this basis OU permits wines that undergo flash pasteurization to be labeled either as mevushal or mifustar.[7]

Other Grape Products

  1. Even though grape seeds are subject to the prohibition and one cannot get benefit from them for twelve months until they dry and are then washed[8], grape seed oil is not subject to Stam Yeynam.[9]

Who Creates the Prohibition

How

Further Reading

Sources

  1. Shulchan Aruch Yoreh Deah 123:1
  2. Shulchan Aruch Yoreh Deah 123:3
  3. Shu"t Minchat Shlomo Kamma Siman 25
  4. Shu"t Ohr LeTzion vol. 2 20:18 (not 20:19, as is often mistakenly cited)
  5. Shu"t Iggerot Moshe Yoreh Deah vol. 3 Siman 31
  6. Yabia Omer vol. 8 Yoreh Deah 15 and vol. 9 Orach Chaim 108:134
  7. MIFUSTAR – IS IT MEVUSHAL? (Daf HaKashrus, by Rav Eli Gersten)
  8. Shulchan Aruch Yoreh Deah 123:14
  9. Shu"t Chatam Sofer (Yoreh Deah 117), Shu"t Yabia Omer (vol. 7 Yoreh Deah Siman 11). Reasons include that it's changed from its original form, dried beforehand, might not have had Hamshachah, and there's no taste of the wine in the oil, which is extracted alone. Rav Hershel Schachter questions if factory storage counts towards twelve months, and Rav Yisroel Belsky requires that we ascertain that the Kelim were kashered properly. (Daf ha-kashrus Iyar 5769/ May 2009 Vol. 17 / No. 8)