[Avodah] Is one permitted to drink a beverage that had been left uncovered and unattended?

[Professor L. Levine]

>From today's OU Halacha Yomis


Q. Is one permitted to drink a beverage that had been left uncovered and unattended?



A. The Gemara (Avoda Zara 30a) discusses the laws of giluy (beverages left uncovered). Chazal forbade drinking certain beverages that were left uncovered, due to concerns that venomous creatures, such as snakes or scorpions, might drink from the beverage and leave behind some of their venom. Tosfos (Avoda Zara 35a: Chada) writes that in the countries where we live, this concern does not exist, and beverages left uncovered may be drunk. Ordinarily, once Chazal issue a gezeira (decree), the gezeira remains in force even if the reasoning no longer applies. This case is different since the original gezeira was only enacted for places where snakes were common. Accordingly, Shulchan Aruch (YD 116:1) rules that one may drink a beverage that was left uncovered. However, the Pischei Teshuva (116:1) writes that the position of the Vilna Gaon and the Shelah Hakadosh is not to leave drinks unattended. The commentaries to the Maaseh Rav explain that the Vilna Gaon held that there are secondary reasons for Rabbinic decrees that apply even when the primary reason is no longer relevant. Common practice is to follow the position of the Shulchan Aruch, though some adhere to the more stringent opinion


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