Tuesday, September 6, 2016

Kashrut: Fact, Fiction and In Between part 15


Another area of Kashrut is not Biblical, but rather rabbinic. During the Roman occupation, the rabbis were concerned about the Jews becoming Romanized. In addition, many Jews were fleeing Eretz Yisrael for what seemed to be safety. What better way to assimilate than to intermarry? The rabbis, therefore, set up a series of enactments, designed to make fraternizing with non-Jews difficult, so as to prevent intermarriage. Most of these had some Biblical basis, but were greatly extended by our Sages. In many of these cases, the exact parameters of these rules are vague, resulting in different interpretations. The most famous of these rules is the prohibition of non-Jewish wine. Of this, there are two types. One is called "Yein Nesech" (libation wine), which pagans would pour onto their altars, or otherwise dedicate the wine to idolatry. Like everything connected with idolatry, Yein Nesech is Biblically forbidden to drink, or even to have any benefit from. The rabbinic extension of this law is any wine that a non-Jew has made, or even handled, is forbidden (Some people even avoid wine that was seen by a non-Jew, But this is an extreme stringency). That would mean that even if a Jew had made the wine, and a non-Jew poured it into a cup, that wine is, by rabbinic law, non-kosher. The proper term for this wine is "Stam Yeinam" (ordinary non-Jewish wine), although many people erroneously call it Yein Nesech. Stam Yeinam is at once a fence around the Biblical prohibition of libation wine, and a powerful impediment to"partying" and probably marrying, a non-Jew. This was strictly kept throughout the ages. Wine shipped from place to place had to have a double seal. If a barrel of wine that wasn't sealed was left alone with a non-Jew, it would be considered Stam Yeinam. In the sixteenth century, several Jewish communities became lax in this regard. One prominent rabbi justified this laxity, by pointing out that our Christian neighbors are not actually idolaters, and that wine libation is today essentially unknown. Since the Biblical basis of this law no longer applies, the rabbinic extension is automatically nullified. Amazingly, he writes "do not publicize this". What he apparently meant was that those who do drink it have what to rely upon, but let's not make this a standard. This view was not accepted in Orthodox circles. However, the Conservative movement does accept it. An "out" exists in this law. Wine that was cooked was no longer considered "special", both for libations or for socializing, as it becomes inferior in taste. As wine today is almost always pasteurized, this would be considered "cooked" (mevushal) and not subject to the usual restrictions. (There are different views as to how hot it would have to be to be considered "cooked". Some wine bottles have a notice "Mevushal (cooked) according to Rabbi ..., but not according to Rabbi ...). Bottles of kosher wine will almost always indicate if it is cooked (mevushal), or non- mevuashal. Many prefer non-mevushal, as several classical rabbis (RAMBAM and RIF among them), consider cooked wine as invalid for kiddush and other ritual purposes. ) This cooking would have had to occur before a non-Jew came into contact with the wine. Most Ashkenazi Orthodox Jews in Israel do not rely on this, as one prominent twentieth-century rabbi, Rabbi Shlomo Zalman Auerbach, ruled that as pasteurization is done by quick heating, followed by quick cooling, in an air-free environment, only an expert could tell that it had been pasteurized. The classical restrictions should apply. Ashkenazim outside of Israel, and Sepharadic Jews in Israel as well, did not accept this ruling. Sepharadim are particularly lenient as to the required temperature of "cooking". An interesting debate arose, and is ongoing, concerning the implications of non-kosher wine becoming mixed with kosher.wine, or other beverages or foods. Some apply the ruling that we must consider Stam Yeinam the same as Yein Nesech. Idolatrous sacrifices can never become permissible, so even if the non-kosher were one part in a thousand parts kosher wine, the entire mixture would be forbidden. Most apply the one-in-sixty rule. A significant minority is more lenient. Since the unique rules regarding wine are because of its "specialness", once the non-kosher is less than 17%, it has lost its status. Even Moshe Feinstein accepted this leniency. This question comes into play with "blended whiskeys", which are sometimes mixed with wine, and whiskeys (especially Scotch), which are aged and shipped in oak casks, which previously held Sherry. The amount of non-kosher would be far less than 17%. Some use it. Some do not. To what extent grape juice is considered wine, is also controversial.  In any case, all commercial grape juice is heated before the grapes are ever crushed. This would render the juice non-problematic. Nevertheless, few are lenient on this. Next time, I will deal with the milk controversy.

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