[Avodah] Tinok Shenishba

[Zev Sero]

Richard Wolpoe wrote:

> Disclaimer:, I am in no way endorsing the C position as Halchially OK on 
> this issue  but as far as stam yeinam goes, there is SOME wiggle room 
> here and even the Rema opened the door on this with a radical Teshuva.  
> AIUI a lot of commercial wine is precessed w/o human contact at certain 
> critical times.

1. The teshuvah can't be from the Ramo, because it contradicts an
explicit Ramo.

2. The author of that teshuvah, whoever he is, does *not* open any door.
He explicitly limits his heter to a choleh (presumably defined the same
way as it is for hilchot shabbat, i.e. ein bo sakana but chala kol gufo)
who wine for his refuah and has no Jewish wine available; and says that
if anybody else relies on the heter "lo yo'veh Hashem s'loach lo".  That's
not opening a door, it's slamming it shut.   However even this is too much
for the Ramo, who explicitly forbids stam yeinam even for a choleh.

3. The main point of that teshuvah is not the actual heter for cholim,
but the question of how to deal with a whole country full of Jews who
drink yein aku"m.  The author says that since there is a tosfos that
can be read in such a way as to imply a heter, we must assume that they
once had an incompetent rabbi who read it in such a way and permitted
it for them, and therefore they are all shogegim and don't lose their
ne'emanut.

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas