[Avodah] Gifted Wine (Continued)

Prof. L. Levine llevine at stevens.edu
Fri Mar 17 09:46:52 PDT 2023


>From today's OU Kosher Halacha Yomis


QUESTION: May I order a gift basket to be sent to my non-Jewish client that contains a bottle of non-kosher wine?


ANSWER: Shulchan Aruch (YD 123:1<https://www.sefaria.org/Shulchan_Arukh,_Yoreh_De'ah.123.1?lang=he-en&utm_source=outorah.org&utm_medium=sefaria_linker>) writes that stam yainom (wine that was made by a nochri) is forbidden. Not only may we not drink such wine, but we are forbidden to derive any benefit from it as well. Sending wine as a gift is considered a benefit because of the good will that is generated. Even though most of the gift basket consists of fruit and chocolate, which one may send, since there is additional good will that comes from sending wine, one may not order this type of basket.


Although the Rema disagrees with Shulchan Aruch and writes that in situations of loss or great need one may benefit from stam yainom, in the question at hand there is no special need to send your client a bottle of non-kosher wine, and certainly there is no loss. Therefore, in this case, Shulchan Aruch and Rema would both agree that this type of basket may not be sent.


Professor Yitzchok Levine
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