[Avodah] Further Insight into Yayin Mevushal

[Micha Berger]

On Thu, Jan 20, 2011 at 09:18:13PM -0500, Rich Wolberg forwarded an
article by R' Chaim Jachter
<http://www.koltorah.org/ravj/15-28_Yayin_Mevushal_and_Non-Observant_Seder_Guests.htm>
(or <http://bit.ly/iaK29p>) which included:
: The Rosh (Avoda Zara 2:13) wonders why the fact that the wine is
: cooked eliminates the prohibition of wine touched by a Nochri. After
: all, he explains, the reason Chazal instituted this prohibition
: was to prevent intermarriage (see Avoda Zara 36b and Tosafot,
: Avoda Zara 29b s.v. Yayin). Why should cooking the wine eliminate
: concern for intermarriage? The Rosh suggests that since cooked wine
: is relatively uncommon, Chazal did not apply their edict to an unusual
: circumstance. Indeed, we find in many places in the Gemara that Chazal
: do not issue edicts regarding highly unusual circumstances (see, for
: example, Bava Metzia 46b). Not surprisingly, the seemingly ubiquitous
: nature of Yayin Mevushal today has led many to question whether this
: leniency continues to apply in the contemporary setting.

I am confused by this Rosh, since I thought the kelal was that whatever
they weren't gozeriam, we don't simply add our own gezeiros for.

Also, whether common or not, beer is also common, and always was (at
least sheikhar, whether that means beer or both beer and meade), and
wasn't included.

This is why I think the gezeira makes more sense as a "blech effect".
The idea isn't to ban the socialization as to force a reminder when
doing so. Creating issues of kashrus when drinking is sufficient. IF
we understand the point as being a reminder to prevent unthinking
behavior. (The way a blech prevents stirring coals -- not by making it
impossible, but by making Shabbos hard to forget.)

Tir'u baTov!
-Micha

-- 
Micha Berger             The mind is a wonderful organ
micha at aishdas.org        for justifying decisions
http://www.aishdas.org   the heart already reached.
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