The Severity of the Prohibition of Gentile Wine
החומרה שבאיסור יין גויים
Since wine is the most important and gladdening of drinks, and its power to release a person from inhibitions, draw hearts together, and arouse joy is great, the Torah commanded that it be poured as a libation together with the sacrifices, so that we might draw close to God with this special power as well. Likewise, the Sages instituted that a blessing be recited over a cup of wine at every joyous mitzva occasion: at Kiddush and Havdala of Shabbat and festivals, at betrothal and marriage, at a brit mila and a pidyon ha-ben, so that the joy of the holiness of all these mitzvot would find expression in the body and its sensations as well. On the other hand, since the influence of wine is great, the danger of using it improperly is very great. People given to their desires became addicted to drinking it and committed every abomination while drunk, and idol worshippers poured it as a libation to their idols in the hope that they would help them fulfill all their desires. Therefore, the Sages were especially stringent regarding wine. When they decreed a prohibition on the wine, bread, and cooked foods of gentiles, they were stringent to regard wine prepared by gentiles, called stam yeinam ("their ordinary wine"), like wine that had been poured as a libation to their idols, which is forbidden even to derive benefit from. Not only that, but they decreed that even a Jew’s wine that an idolatrous gentile touched in the manner in which they would touch wine when pouring libations to their idols is forbidden to derive benefit from.
We find, then, that there are two stringencies in the prohibition of wine as compared with the prohibition of gentile bread and cooked food. First, since wine is liable to create excessive closeness, in order to distance Jews from assimilation, the Sages forbade even a Jew’s wine that a gentile touched, even though he did not intend by his touch to pour it as a libation to idolatry. Second, wine that an idolatrous gentile touched is forbidden even for benefit, not merely for drinking, like the law of wine poured as a libation to idolatry, which is forbidden for benefit by Torah law. For this is the way of the Sages: to make prohibitions uniform, so that Jews can remember the halakha and observe it without confusing the laws.
Wine that is forbidden for benefit may not be sold to a gentile or even given to him as a gift, for giving a gift also constitutes benefit.¹
Notes (1)
- The Torah warned not to eat or derive benefit from takrovet avoda zara, that is, something offered to idolatry, as it is stated: "Lest you make a covenant with the inhabitants of the land, and they go astray after their gods and sacrifice to their gods, and one call you and you eat of his sacrifice; and you take of his daughters for your sons, and his daughters go astray after their gods and make your sons go astray after their gods" (Shemot 34:15-16; Ramban’s glosses on Sefer Ha-mitzvot, negative commandment 195, and his commentary on the Torah there). Yayin nesekh, that is, wine that was poured as a libation for idolatry, is forbidden for benefit by Torah law like a sacrifice offered to idolatry, as it is stated: "Who ate the fat of their sacrifices and drank the wine of their libations" (Devarim 32:38; Rambam, Laws of Forbidden Foods 11:1-2; Avoda Zara 7:2). One who drinks even the slightest amount of it is punished with lashes, as it is stated: "Let nothing of the banned property cling to your hand" (Devarim 13:18). Before the idols, the libation was performed by pouring the wine before the statue or object of worship; not before the statue, it was performed by agitating the wine (Rosh, Avoda Zara ch. 4 §13; see n. 9).
The Sages decreed regarding the stam yeinam of idolatrous gentiles, and regarding a Jew’s wine that an idolatrous gentile touched, that even though it is not known that they were poured as libations to idolatry, their law is like that of actual yayin nesekh, lest they were poured as libations to idolatry (Avoda Zara 29b, Mishna and Gemara). Although this concern is very remote, in order to make a fence against assimilation (above 27:2, n. 6), they established on the basis of this concern a prohibition of benefit on stam yeinam and even on a Jew’s wine that an idolatrous gentile touched. Moreover, they made all the laws of stam yeinam uniform with the law of yayin nesekh, in keeping with the way of the Sages, who enact ordinances modeled on Torah prohibitions (Ramban). In this way it is easier for Jews to observe the halakha, and they will not confuse the prohibitions (based on Ran). According to Rashba (Torat Ha-bayit Ha-arokh 5:1), initially the Sages decreed only a prohibition of drinking on the stam yeinam of gentiles, and afterward, when the gentiles who poured wine as libations to their idols increased, they added a decree prohibiting benefit from all gentile wine, lest it had been poured as a libation to idolatry. However, he too agrees that the basis of the stringency of stam yeinam is the concern of assimilation, since even when the gentile does not worship idolatry, his touch forbids the wine for drinking, similar to the touch of idol worshippers in pouring their wine, as explained in the next halakha.