[Avodah] OU Kosher Halacha Yomis: (1) Grape Ingredients; (2) Gifted Wine

[Prof. L. Levine]

 From the OU Kosher Halacha Yomis


    QUESTION: I have seen OU certified products that list grape juice
    in the ingredients. How is this possible? If a nochri handles wine
    or grape juice, doesn't this make it forbidden?


    ANSWER: Wine and grape juice handled by a nochri are only forbidden
    if they were not previously mevushal (cooked). This is because Stam
    Yainom is prohibited because of the suspicion that the wine may have
    been used for idol worship. In the times of Chazal, only non-cooked
    wine was used to serve idols, and therefore the restriction of Stam
    Yainom was not enacted on cooked wine (yayin mevushal). Kosher
    mevushal grape juice may be handled in a non-Jewish factory like
    other ingredients. Of course, grape juice is a kosher sensitive
    ingredient. Factories that use kosher grape juice require extra
    hashgacha to make sure the grape juice arrives with the proper kosher
    seals that ensure its integrity, and that non-kosher grape juice is
    not used in its stead.

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 From today's OU Kosher Halacha Yomis


    QUESTION: I was given an expensive bottle of non-kosher wine by my
    boss as part of my end of year bonus. Can I sell it online?

    ANSWER: In this case, the halacha would depend on whether one is a
    Sefardi or an Ashkenazi.

    Yayin nesech, which is wine that was libated in the service of
    idolatry is assur b'hanoah (deriving benefit is prohibited). However,
    deriving benefit from stam yainom (wine which was left in the
    presence of a nochri without supervision), is a matter of dispute
    by the Rishonim.

    Rav Yosef Cairo rules in the Shulchan Aruch (YD 123:1
    <https://www.sefaria.org/Shulchan_Arukh,_Yoreh_De'ah.123.1>)
    that it is forbidden to derive benefit from stam yainom (non-kosher
    wine). Typically, manufactured wine today is in the category of stam
    yainom and not yayin nesech. Therefore, if the wine was given to a
    Sefardi who follows the ruling of Shulchan Aruch, he must dispose of
    the bottle. He would not be permitted to sell the bottle of wine,
    as the payment is a form of benefit. Furthermore, it may not be
    given to a nochri because the goodwill that is generated through
    giving a gift is also considered a benefit.

    However, Rema writes that in a situation of loss, such as if one
    needs to collect a debt and the borrower who is a nochri only has
    barrels of non-kosher wine, one may follow the more lenient opinion
    and accept the barrels as payment. The Jewish creditor may then sell
    the wine to a nochri. Ashkenazim follow this view. Similarly, in
    our case, since the employer is offering wine as a bonus, refusing
    the gift would be a loss of income. Therefore, one may accept the
    bottle of wine and sell it. However, Chochmas Adam (75:14) writes
    that one who is careful not to derive any benefit from stam yainom
    (even though strictly speaking it is permitted) will be blessed with
    success. Thus, there is reason to be machmir if he is able to do so.

Professor Yitzchok Levine