From the Rav’s Desk: Pouring non-Mevushal wine into the cup of a Gentile or nonreligious Jew

1. Question: [Tuesday, 2^nd Shevat 5782]

Is there any issue with pouring non-Mevushal wine into the cup of a nonreligious Jew or Gentile and does it affect the rest of the one in the bottle?

Answer:

It is permitted for one to pour Kosher non-Mevushal wine into the cup of a nonreligious Jew or Gentile, even though this will turn the wine into Yayin Nesech. However, it is best not to do so when the gentile or non-religious Jew is holding the cup in their hands in order so the remaining wine in the bottle be free of any Halachic question, and it is thus best for them to be told to put down the cup when one pours into it. [Likewise, one is to beware that the Gentile does not look at the wine. However, Bedieved the remaining wine in the bottle remains permitted even if it was poured directly into the cup of the gentile.] However, it is forbidden for a Jew to pour Yayin Nesech [i.e. non-Kosher wine] into the cup of a Gentile. [In the event that one poured non-Mevushal Kosher wine into one of his own glass cups which he then served to a Gentile, then the cup must be rinsed three times prior to it being returned for use, as we explained elsewhere.]

Explanation: It is clearly ruled in the Shulchan Aruch that it is forbidden for one to pour Yayin Nesech wine into the cup of the Gentile due to the prohibition of doing any service involving nonkosher wine. There is discussion regarding if this also applies to Stam Yaynam, which is the status of all nonkosher wine today, and practically one is to be stringent. However, regarding kosher wine, the Poskim explicitly state that there is no prohibition in pouring kosher wine into the glass of a Gentile. It is obvious that the intent of the Poskim is in reference to Non-Mevushal wine, as otherwise there would be no novelty in their statement. Doing so does not affect the remaining wine in the bottle which the Gentile has not come into contact with. [Although if the Gentile is holding the cup in his hands, then since according to some opinion his shaking of the cup can cause all the remaining wine to become prohibited, therefore it is best not to pour it at all while the cup is in his hands. However, Bedieved, there are many points to rely upon to permit the remaining wine in the bottle, including that perhaps the gentile did not shake his cup, and even if he did perhaps he must lift it up as well, and even if he did perhaps we never rule Nitzuk is an issue etc etc.]. It also does not transgress causing the wine that he poured for the Gentile to turn into Yayin Nesech, as there is no prohibition for a Gentile to drink Yayin Nesech. Nevertheless, in the event that one poured non-Mevushal Kosher wine into one of his own glass cups which was drunk by the Gentile, then the cup must be rinsed three times prior to it being returned for use, due to the Shichshuch requirement for cups that had Yayin Nesech in them.

The main question however that is raised is regarding a nonreligious Jew. One can argue that since it is forbidden for him to drink Yayin Nesech, and the wine that he touches becomes Yayin Nesech, therefore due to the prohibition of Lifnei Iver one should not be allowed to pour non-Mevushal wine for a nonreligious Jew. However, in truth many Poskim argue that even if we were to accept the law to be that that wine of a nonreligious Jew becomes Yayin Nesech [which itself is under debate, even though we are stringent], it is possible that the sages only made their decree upon another person coming to drink the wine due to a fine, and not against the nonreligious Jew himself drinking his own wine. Thus, practically we concluded that one may be lenient in this, and hence one may provide non-Mevushal wine to a nonreligious Jew, and he may recite Kiddush over it even though no one else should drink from this wine that he made Kiddush on. I am not sure if there is any need to truly be stringent by a non-religious Jew to not pour the wine into his cup while it is in his hand.

Sources: See regarding the prohibition of pouring or serving Yayin Nesech or Stam Yanam to a Gentile: Michaber Y.D. 133:5 [Yayin Nesech]; Tur 133:5; Beis Yosef 133 in name of Rashba Toras Habayis 46a, Ran, Ramban, Rabbeinu Yerucham; Orchos Chaim 23 in name of Maharam; Darkei Moshe 133:1 in name of Kol Bo 96 regarding Yayin Nesech, and in name of Maharam Padvah 76 and Hagahos Mordechai that Stam Yaynim is allowed to be poured; Radbaz 1:22 [be stringent even by Stam Yeiynam]; Kneses Hagedola 133:10; Pischeiy Teshuvah 133:1 [be stringent even by Stam Yeiynam]; Beis Lechem Yehuda 133:2 in name Hagahos Mordechai that Stam Yaynam is allowed; Erech Hashulchan 133:5 [Permits Stam Yaynam]; Darkei Teshuvah 133:7; Yabia Omer Y.D. 4:6-6; See regarding the allowance of pouring kosher wine into the cup of the Gentile: Beis Yosef 133; Orchos Chaim 23 in name of Maharam; Darkei Moshe and all Poskim ibid regarding Stam Yaynam; Shulchan Gavoa 133:21; See regarding the status of wine of a non-religious Jew: Michaber and Rama Y.D. 124:8-9; Beis Yosef Y.D. 119; Shut Rashba 7:179; Bahag Hilchos Shechita; Eshkol Shechitas Chulin 2 and Yayin Nesech 58; Rivash 4; Chasam Sofer Y.D. 120 that the prohibition is due to a fine; Admur 39:1; Shechita 2:5; Kitzur SHU”A 72; Ketzos Hashulchan 101:5; Yehuda Yaaleh 50; Binyan Tziyon 2:23; Achiezer 4:37; Peri Hasadeh 1:2; Avnei Nezer Y.D. 92; Maharsham 1:121; Daas Torah Y.D. 2; Chazon Ish Y.D. 1:6; 2:23; Chelkas Yaakov 1:76; Igros Moshe O.C. Vol. 5:37; Shevet Halevi 1:20; 2:51 and 53; Mishneh Halachos Yinyana 2:39; Hakashrus 19:63; Igros Kodesh p. 13:322 letter 4,583 and 15 letter 5,534; See regarding the allowance of pouring kosher wine into the cup of a nonreligious Jew: Igros Moshe O.C. Vol. 5:37; Chut Shani [Karelitz] 512:2; See regarding that when a Jew pours wine into the cup of a Gentile does not turn it into Yayin Nesech unless the gentile shakes the cup: Michaber Y.D. 125:8; Taz 125:12 [even if he shakes the cup it remains permitted]; Shach 125:16 [Only if also lifts cup becomes forbidden] See regarding if we apply Nitzuk to prohibit the remaining wine in the bottle: Michaber Y.D. 125:1 and 8; 124:14; Shach 125:1; See regarding rinsing the cup three times if it contained Yayin Nesech: See Michaber Y.D. 135:1 and 11; 137:4; https://shulchanaruchharav.com/halacha/wine-glasses-using-glass-vessels-of-a-gentile-that-were-used-to-drink-or-store-yayin