Ask the Rabbi: Non-Mevushal Wine Moved by a Non-Jew

A non-Jewish house cleaner moved a recorked bottle of non-mevushal wine while organizing it in the refrigerator. Does the wine become stam ya-in (wine forbidden to drink)?

Stam Yayin (Wine from Non-Jews)

The Mishna writes that uncooked wine belonging to non-Jews is forbidden to drink and even to benefit from.^[1] The Talmud there explains from where we derive this concept: " Rabba bar Avuah says the verse states: 'Who did eat the fat of their offerings, and drank the wine of their drink-offering' (Devarim 32:38). Just as benefit from their offering is prohibited, so too, benefit from their wine is prohibited."

Tosfos^[2] explains that for regular non-Jewish wine, there is no assumption that it was used for idolatry unless that was known to us. However, once the Rabbis decreed that we may not drink non-Jewish wine as a way to prevent assimilation, the Rabbis were also stringent and ruled that one cannot benefit from wine out of concern lest it be used for libation to idolatry.

With that mentioned, when there is no concern of libation to idolatry, sometimes the wine remains forbidden to drink, and sometimes the wine can even be allowed to drink, at least with a considerable financial loss.

Leaving Non-Jews Alone with Open Non-Mevushal Wine

The Shulchan Aruch^[3] rules that one may not leave a non-Jew alone with open non-mevushal wine unless a Jew is at least yotzei vnichnas (coming in and out), so that the Jew could at any moment come by; otherwise, the wine is forbidden. This allowance is only when the non-Jew was explained that by their touching or pouring of the wine would make it forbidden for a Jew to drink; otherwise, we cannot assume that the non-Jew would be afraid to be caught touching the wine.^[4]

The Rema is lenient bidieved (after the fact) when open wine was left with a non-Jew if we do not suspect that they touched it, since in our times non-Jews amongst us typically do not serve idolatry.^[5] The Shach^[6] qualifies this ruling to apply when we can assume the non-Jew would not drink the wine, that is, we do not know that they love wine.

However, initially, a non-Jew may not be left alone with open non-mevushal wine unless it is locked up or it has a chosem (sign) on it that cannot be tampered with, unless, as mentioned, a Jew is yotzei vnichnas. A well-adjusted and monitored video surveillance camera could potentially also suffice in this case.^[7]

Non-Jews Moving Non-Mevushal Wine Bottles

A typical non-Jewish house cleaner nowadays does not have any specific intention of libation of wine for idolatry. As long as the house cleaner did not touch the wine itself, pour it, or shake it with intent, but merely moved the wine, it is still permissible to drink.^[8] 

In fact, as long as the bottle is closed, like a recorked bottle, there is no concern of shichshuch (shaking the wine), and the wine stays permissible to drink.^[9] 

However, if the wine was moved and it is not known if the wine might have been possibly shaken or poured by the non-Jew, one should consult a Rav if they can still use the wine.^[10]

Stringency of the Shelah of Non-Mevushal Wine Seen by a Non-Jew

However, according to the Shelah Hakodesh^[11], one is to be stringent (above the letter of the law), not to drink any non-mevushal wine^[12] that the non-Jew even looked at,

(certainly if it was also moved around).

The Mekor Chayim^[13] writes that this stringency only applies to wine for kos shel bracha (cup for blessing), like kiddush or Havdalah. Indeed, many Rabbonim instruct, as the Mekor Chayim does; however, some are extra stringent and do not drink such wine, seen by a non-Jew even for mundane drinking, as is the implication from the Shelah.

[1] Avoda Zara 29b.

[2] Tosfos to Shabbos 17b 'ol pitan vishamnan mishum yayin'.

[3] Shulchan Aruch (Yoreh Deah 129:1 and onwards).

[4] Shach (Yoreh Deah 128:11).

[5] See Rema (Yoreh Deah 128:4). See also Rema 129:20 at the end, in a case of financial loss, and the Shach 129:43.

[6] Shach (Yoreh Deah 129:10). See Be'er Yechazkal vol. 2 pg. 433.

[7] Be'er Yechazkal ibid.

[8] The Shulchan Aruch (Yoreh Deah 124:11) rules that for a non-Jew to forbid the wine, they would need to either pour or touch it. Another way to forbid the wine is through shichshuch (shaking the wine) or stirring the wine. Shichshuch is only a problem if the wine bottle was open, but if it was closed, there is no concern of shichshuch, see Shulchan Aruch Yoreh Deah 125:9.

Therefore, just lifting the wine and transporting it without shaking it does not forbid the wine. So rules the Shulchan Aruch in Yoreh Deah 124:18.

[9] See Shulchan Aruch Yoreh Deah 125:9 and Shach 125:17.

[10] Every case should be looked at on a case-by-case basis. One can consider whether the wine looks to be at the same volume level it was at previously. Also, would the non-Jew of been afraid to pour the wine? Did the non-Jew assume the Jew would come in at any moment? If the non-Jew casually answered, he or she merely moved the wine, would that suffice as mesiach lefi tumo (telling over without knowing that they are testifying)? This is a difficult shaila (question) and should be presented to a seasoned Rav.

[11] Shelah (Shaar Haosisos Klal 94 in the name of the Ta'amei Hamitzvohs).

The Ben Ish Chai (Shana Shenia Parshas Balak 16) writes that, according to the letter of the law, the wine would remain permissible. If the non-Jew does not serve idolatry like those from Yishmaelim, there is no room even to be stringent by way of chassidus (piousness).

[12] However, mevushal (cooked) wine seen by a non-Jew does not pose a problem according to the Shelah.

[13] Mekor Chayim (the author of the Chavos Yair) vol. 2 kitzur halachos 183, sif 1.