Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh Deah 132:2-4. Gifting Non-Kosher Wine p2; Non-Jewish or Non-Religious Waiters p2; Paying Wages W/ Non-Kosher Wine; Carrying Vs Shaking, Touching

Transcript

Yoreh Deah 132:2-4. Gifting Non-Kosher Wine p2; Non-Jewish or Non-Religious Waiters p2; Paying Wages W/ Non-Kosher Wine; Carrying Vs Shaking, Touching · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:01
  OK, good morning. We are continuing with yay NASA
• 0:04
  KUF la MBET. Today we're continuing with SIF
• 0:09
  Gimel. But before we start, I need to
• 0:12
  backtrack just a little bit. OK, So I just want to do a quick
• 0:17
  review just to clarify. OK, let's say you have a bottle
• 0:25
  of wine, a cup of wine, a barrel of wine, and it's open.
• 0:29
  So Alok is clear if one, if a goy does need nude or shikshak,
• 0:36
  which means you're basically waving or shaking the item,
• 0:40
  that's what creates an isser isser hana.
• 0:45
  However, it's clear if you look back in the show.
• 0:47
  Hanar kov kov Dalit kov kov. Hey Rambam, paracute baton,
• 0:52
  other sources that just lifting it up is not going to create an
• 0:58
  esser. Touching the cup, touching the
• 1:02
  barrel the bottle is not going to create an esser.
• 1:05
  It's still going to say remain mutter.
• 1:09
  The only time it becomes aser is if you do shikshuk or a Nina.
• 1:15
  Pouring it out is also going to create an esser.
• 1:20
  Whatever you pour out now, it depends Shal Khanarath versus
• 1:24
  Rahma, depends if it's notary or not.
• 1:28
  So then regarding pouring it out, is it asar Bahana, Asar
• 1:35
  bishtiya? Does it go back nitzuk all the
• 1:38
  way to back to the cup we're going to get to in a moment.
• 1:41
  But pouring it out, whatever gets poured out is certainly
• 1:45
  user again, either Hana or bishtiya, and what's ever in the
• 1:50
  bottle depends on that Mahalkis. If it's Asar Bahana, then we say
• 1:54
  Nitza Kibo, everything in the cup is asar.
• 1:57
  But whatever, everything that's in the original bottle becomes
• 2:00
  asar if the cup itself is Asar Bahana.
• 2:03
  But if whatever's in the cup is only issar bishtiya, then it
• 2:07
  doesn't go back. And whatever you pour out is
• 2:09
  mutter and we're going to see it.
• 2:11
  A interesting ramification. Why it's important to know that
• 2:15
  again. And if you touch the yayin
• 2:17
  itself, then then it's also touching the yayin itself.
• 2:24
  I think you need to have a shikshak in order for it to
• 2:27
  well, it is asur behna if you touch it, but that might only be
• 2:32
  because of an isser darabanan. I think to make it ye nessa
• 2:36
  humamish, you need to still have shikshak when you touch it.
• 2:40
  But me darabanan, if you touch it without shikshak, the wine
• 2:43
  itself, then it becomes asar behna.
• 2:46
  But if but just touching a bottle from the outside we just
• 2:51
  said everyone says doesn't make it asar at all.
• 2:54
  And if the Klee has a lid on it, again doesn't have to have a
• 2:58
  hosam, it's just covered up. Even if you do neednut or
• 3:02
  shikshak, it's not going to make it asar because it's not Derek
• 3:06
  to be manasseh with a closed cup of wine.
• 3:10
  Whenever the goyim did nisakayan, they always did it
• 3:14
  with an open cup and shut the whole cup or they would take
• 3:19
  their fingers and put it in the wine itself and shake the wine
• 3:23
  itself. OK so that helps clarify a
• 3:26
  little bit with my Freya for yesterday and other halafas
• 3:30
  important then I do want to just quickly get back to my case of
• 3:37
  re gifting non kosher wine. So it seems pretty clear to me.
• 3:42
  Again, this might be a moving target but it seems pretty clear
• 3:45
  to me. That's for svardim and according
• 3:48
  to the sholkhanar if to regift a bottle that's Stam yanam is
• 3:54
  aser. I mean stama.
• 3:55
  When it rolled out of my SUV and broke, it was Bekhavana Mina
• 3:59
  shaman. And we're going to see as we
• 4:02
  keep reading on and from elsewhere, it seems Rotsebikyumo
• 4:06
  refers to anything that's us or behana, whether it's darisa or
• 4:09
  darabanan. So that's a problem.
• 4:13
  And tovas hana we see from Steema Saposki all over the
• 4:17
  Rambam, Khokhmasadam and other places.
• 4:20
  Khokhmasadam interesting to look at and mem Halacha vet.
• 4:24
  So all these sources, it's just gifting anything.
• 4:29
  I mean, we see this also by Basar Behalov.
• 4:32
  You look back and help us pay Zain Basar Behalov.
• 4:35
  It's Asar Behana when it's cooked, all these cases.
• 4:40
  Thanks to Moshe for pointing that out that it's Asar Behana
• 4:44
  and you have to bury it and you have to get rid of it and bury
• 4:49
  it. And you, it's supposed to say
• 4:50
  it's asar to gift it. There's no fancies explanations.
• 4:55
  There's no, there's no, it does not seem to be any way to make
• 4:59
  it mutter and some actually point out.
• 5:02
  The Sakim chuvos also discusses. It seems to be straightforward
• 5:07
  usser and he says Bal khorjo, no matter what, you are getting
• 5:12
  benefit when you give it to a goy, even if you tell him you're
• 5:16
  not trying to get benefit, you are getting benefit and the goy
• 5:19
  is going to be makir tov to you. He also points out some point
• 5:23
  out. You can look in his footnotes,
• 5:25
  some point out you're actually getting direct benefit.
• 5:29
  Even if you even because it hurts for you to destroy it.
• 5:33
  It hurts for you to throw it, to smash it on the floor, to throw
• 5:37
  it in the garbage. You don't want to get rid of it,
• 5:40
  so it gives you Hana just to give it away to somebody else.
• 5:45
  And Khokuma Salami says even to give it to a dog that's not even
• 5:49
  yours, it's Usser. OK, so that ties into that one.
• 5:56
  Now I do want to just point out, yeah, I want this is important.
• 6:02
  We discussed earlier regarding restaurants and catering having
• 6:07
  waiters. So it's a little unfair.
• 6:09
  But I did present 1 mainstream view was the Shefa Talevi about
• 6:14
  a week ago. I want to look back and he was
• 6:18
  basically quite Maekel Bidi avid.
• 6:22
  If not, you had non Jewish, non firm or non Jewish waiters in
• 6:30
  the case based on the Rama and based on the Shah that number
• 6:36
  one we see nowadays, it's only user Bishtia, not Behana.
• 6:40
  And the Shah says unless you touch the wine, it's not user
• 6:45
  just pouring it out. It's because it's only it's not
• 6:49
  isser Bahana, it's only isser Bishtia.
• 6:52
  And therefore if it's just your KOA by pouring it out, but
• 6:56
  you're not actually touching the wine, then it's it's not usser,
• 7:01
  not what gets poured out and not what's in not the bottle itself.
• 7:05
  So I and Sham, but I do want to point out the opposite.
• 7:10
  There's a important shuva in Yabiya Omar Khelik aleph in
• 7:15
  siman yer aleph of your idea. So it's around page 200.
• 7:22
  And just interesting note, I remember hearing from Ravshter
• 7:27
  once when he was in his office, he was reading some of the
• 7:31
  latest newer volumes of Yabiya Omer.
• 7:34
  And he was like sort of a little bit, I don't know, kibitzing,
• 7:37
  but lamenting how his later chuvas are not like the earlier
• 7:42
  ones. The earlier chuvas.
• 7:44
  It was extremely comprehensive. He starts off with one question.
• 7:47
  And for example, in this Chuva, he has 26 Si Efim, so you get a
• 7:55
  quick review of Kola Tarakula until you finally get to the
• 7:58
  answer. And in his later Chivas, they're
• 8:00
  a little bit more like more like other Chivas where it gets it's
• 8:04
  a little more straight to the point anyway, And I'll just one
• 8:12
  interesting story. And I just remember of Fetter
• 8:19
  from next story. He just pointed out an
• 8:20
  interesting story since it's a true story of Abala Simka, where
• 8:24
  at the wedding he he made an announcement.
• 8:27
  He told the caterer that no one's allowed to open up the
• 8:30
  bottles of wine because it was not in the bushel.
• 8:33
  And he says only he's going to be in charge of all the wine.
• 8:36
  And then when he shows up during the Simka, he noticed that there
• 8:40
  were a non from waiters who opened up the open up some of
• 8:50
  the the bottles of wine. And so the bottle Simcha.
• 8:54
  I'm not saying this, but the story was for whatever it's
• 8:58
  worth. Is he he, he saw that one, one
• 9:02
  of his most expensive, I don't know, $100 bottle, hundreds of
• 9:05
  dollars a bottle for his bottle of wine was already opened up.
• 9:09
  So he walked over to the sink and he poured it all out and
• 9:13
  threw it away in the garbage. And the waiter was there, the
• 9:17
  non, the non from Jewish waiter was there and saw what happened
• 9:22
  and but it didn't make us think about it.
• 9:25
  And the evening went on and I don't know, maybe some seven
• 9:28
  months later or something, the same waiter saw this ball Simcha
• 9:34
  at another Simcha and you walked over and told him and he said
• 9:37
  because of what you did and not complaining, not embarrassing me
• 9:42
  or not complaining to the to the caterer and I saw what you did.
• 9:47
  So since then I haven't missed a day of wearing spilling.
• 9:51
  So whatever. I'm not saying that's the
• 9:54
  halacha, but that's the that's the story.
• 9:58
  Anyway, how is this related to the chuva in your be a Omer?
• 10:01
  So again, the be a Omer is starts off with the premise that
• 10:07
  any non from Jew has a din of a goy.
• 10:11
  That's the shot halacha that we've seen many times.
• 10:14
  He does, though, point out at the end of the chuva that it
• 10:18
  depends. Perhaps you could be Mako based
• 10:21
  on the Binion Sion. Certainly the type.
• 10:24
  It kind of depends on which type of Jew.
• 10:27
  Some Jews sometimes they say brachos and they do they go to
• 10:30
  SHO once in a while, they might say kiddish once in a while.
• 10:33
  And then you have the Jews that are more lahakis.
• 10:36
  But anyway, so he points out that some Jews you have what to
• 10:39
  rely on according to the binion Sion.
• 10:41
  But what was important to point out though, is it depends on
• 10:46
  what type of non from Jew and according to the to the be Omer
• 10:51
  he following the Psaka, the Shulkanarak that a non from Jew
• 10:55
  is better that is better than a a non Jew cause a non Jew makes
• 11:02
  it asar Bahana. This doesn't have the cool of
• 11:05
  the Rama. Why is this all relevant?
• 11:07
  As it turns out, the Shulkhan the well, one thing that's also
• 11:12
  point interesting to point out, just like we mentioned earlier
• 11:14
  today and see if kafbet. So he points out that the only
• 11:19
  time wine becomes us or he discusses it is again, if you're
• 11:23
  doing shikshak, just lifting it up or just carrying it is not a
• 11:28
  problem. You see cases in khopkaf bed
• 11:30
  Khopkaf, hey, where you see you can follow the non Jew.
• 11:33
  And here there's a mirthas. He's not.
• 11:37
  People nowadays don't do shikshak and there's a mirthas.
• 11:41
  He's in the catering hall. No one's doing shikshak so but
• 11:45
  he's so he does point out anyways.
• 11:48
  The bottom line, if it's a non Jew according to the Yubi Omer
• 11:52
  or a real murmur that if they open up the bottle and they
• 12:00
  present it to you, it's your catering hull.
• 12:03
  It's not a problem. But if they pour it for you,
• 12:07
  unlike the shave Adelevi, this is the main Nakuda here.
• 12:09
  If he says if they pour it for you, then it becomes us because
• 12:17
  he's based on the Shah Khanarth that everything is Aser Behana.
• 12:20
  So anything that gets poured out is Aser and he's not Mako like
• 12:25
  the Shah. But since if it would be a non
• 12:30
  Jew who pours it for you, then everything that goes up needs a
• 12:36
  keyboard, so not so if it's a non Jew.
• 12:38
  That is the important critical point.
• 12:40
  If it's a non Jew that pours it out, according to Rabad Yosef,
• 12:45
  then a non Jew pours it out. Whatever's in your cup and
• 12:49
  whatever's in the bottle becomes Aser behana.
• 12:53
  But if it's a non from Jew, even a mummer legomery pours it out,
• 13:02
  then well or specifically amamish mummer that's like a
• 13:06
  goi. If he pours it out, whatever's
• 13:09
  poured out is Aser is Dino Kagoy, but he's an atheist with
• 13:15
  category of Vinay Ishmael. So therefore anything that's in
• 13:20
  the bottle of wine is still mutter bishtiya.
• 13:24
  But whatever he pours out for you, that's off limits.
• 13:27
  So if you go to a catering service and you have non from
• 13:32
  waiters, it's OK if the non from waiters are opening up the
• 13:37
  bottles of wine, but it's but you should avoid to avoid an
• 13:41
  issue. Avamumar, definitely avoid him
• 13:44
  pouring the wine for you. But everything that's in the cup
• 13:47
  is OK. Whatever's in everything that's
• 13:49
  in the bottle's OK. Whatever's in your cup that he
• 13:51
  poured out for you, that's a problem.
• 13:53
  So too, if you have these type of guests in your house and
• 13:57
  during the week, Shabbos, whatever non from guests, it's
• 14:01
  OK if they open up the bottle for you and put it on the table,
• 14:04
  but do your best to have them not pour it for you.
• 14:07
  So that was important for themselves.
• 14:10
  They can pour for themselves and you can still use it for
• 14:14
  yourself to bottle. OK, I think that takes us.
• 14:17
  Is there an issue of letting someone who's not prone to drink
• 14:21
  wine and pork ones? OK, let's continue with the Eve
• 14:28
  Gumo. Let's do this one inside Pauline
• 14:32
  you Sir alien shahasu malaka eitzel goy over elilin OK so now
• 14:39
  the owner of the business is non Jewish and he has Jewish workers
• 14:47
  for him OK shalaklahim khavicha yain bis Haram.
• 14:52
  So now comes the end of the day and he has to pay his Jewish
• 14:56
  workers. So this is nothing to you're
• 14:59
  just You could be an accountant, you could be whatever kind of
• 15:04
  business you're doing. Stung.
• 15:05
  Now he owes you for your day of work.
• 15:08
  He has to pay you your Toulouse. He has to pay you your salary.
• 15:12
  So instead of writing a cheque, he wants to pay you with his
• 15:15
  wine. He has fine wine, Stung Munum,
• 15:17
  and he wants to pay you with it. So what happens?
• 15:20
  Shalaklam khavicha yain miskaram.
• 15:23
  So he sends you a barrel of wine.
• 15:26
  Yeah, he honestly, he doesn't want to just give you money.
• 15:29
  He wants to honour you and give you his special barrel of wine.
• 15:33
  So. But the problem is his wine is
• 15:36
  stamyenam. That's usser behanam again.
• 15:41
  This is all again. We're going to see this again.
• 15:44
  The Rama sometimes points it out.
• 15:45
  The Shah sometimes points it out.
• 15:47
  The Rama says these issues don't really apply to us because we
• 15:50
  say mutter behana nowadays. The Shah says well that's only
• 15:54
  bedevid but OK anyways, let's so Sasha Konara points out again
• 16:02
  for him it's asur behna so you so it's like this IM akshaloki
• 16:06
  blua bis Haram motor shyomrullo TE lano dameen connecta.
• 16:16
  So if you see the barrel of wine coming at you is to pay you for
• 16:22
  your wages before you take possession of that wine while
• 16:26
  it's still Stam yenam by the goy.
• 16:29
  Tell them no, no, no, it's fine. It's fine.
• 16:30
  I really appreciate what you're offering.
• 16:33
  Just just pay me your money. I don't need your your wine.
• 16:36
  I can't drink it. It's not kosher.
• 16:38
  You know. Don't insult them.
• 16:39
  However you want to explain to him.
• 16:41
  Tell them I need the money. I'm low on rent.
• 16:43
  Whatever it is the IM mishi kablua bis Haram azar.
• 16:47
  But if you accepted the the wine and you said thank you very
• 16:51
  much, you paid me and then you tell them, but then you realize,
• 16:54
  wait a second, I can't really use it.
• 16:56
  Take it back and give me money. It's too late.
• 16:59
  You have to take the money, take that barrel of wine, lose your
• 17:03
  day of work and spill Barry that wine.
• 17:07
  OK, because it's us or Behanah. So what's, what's the the
• 17:10
  mechanism here? The mechanism is you're allowed
• 17:14
  to receive money but you're not allowed to see receive stamina.
• 17:18
  You're not allowed to receive Isurhanan.
• 17:22
  No, he's saying don't pay me isurhanan.
• 17:26
  Exactly. Refuse it.
• 17:29
  You have to do a complete refusal of the Isurhanan.
• 17:33
  Once you accept it as wages then you can no longer get paid
• 17:37
  anymore and you can't trade it in anymore.
• 17:39
  So iftala me shisakhar PO alim of the elilim upasaklahem
• 17:44
  mizonos asur lashkotam yein Nasser.
• 17:49
  OK now here the Jew is the owner and you hired non Jewish workers
• 17:54
  and you have to pay them, you have to pay them wages for their
• 17:56
  work at the opposite case upas. So then you tell them.
• 18:02
  So then you say I'm going to pay you upasaklahem Mizonos.
• 18:08
  So you agree to pay to pay him food, but you're not allowed to
• 18:13
  pay them with Yayin Nessa instead because you can't take
• 18:19
  Isahana to pay them their wages. So let's explain the IM
• 18:23
  amarillahem tsu UR SH tu mehen vani paloni vani pereya.
• 18:30
  So then what happens? He wants to pay them like this.
• 18:33
  He says I don't have cash on me. Go to the I'm friends with the
• 18:37
  liquor store across the street, go collect Stam yenam from him
• 18:43
  and I'm going to pay the owner back.
• 18:45
  He trusts me, it's not a problem.
• 18:48
  So I am loig de la dinar mota. So as long as you didn't give
• 18:53
  any money to the store, no problem.
• 18:57
  Because when the your, your employee goes to the store and
• 19:03
  collects his Stam, his Stam yenam, even though it's Azar
• 19:07
  behna, you never owned that isahana and you could have taken
• 19:14
  anything from the Khanvani, but your money is not attached.
• 19:19
  It's not a connected to that yin NASA.
• 19:24
  Really what happened is the store owner is basically, you're
• 19:29
  basically taking a loan from the store owner because the store
• 19:33
  owner is giving him the Stam Yanam and now you owe money to
• 19:37
  the store owner, but you were never attached to the actual
• 19:42
  bottles of Stam yanam. So there's no issue over here.
• 19:46
  It's just like a Cove. It's OK.
• 19:49
  You owe it to taking a loan a little bit.
• 19:51
  It's not direct one for the other Alpha P Shiika Lodinar.
• 19:57
  Even though you put in your pocket, you set aside money to
• 20:00
  pay with it. The Who but in Biyad Baal
• 20:04
  Habayit, because you still have the money in your possession,
• 20:07
  the owner, the work of the Jewish employer, and there's no
• 20:12
  connection of all. However, if you before you send
• 20:22
  over your employee, you go across the street to your friend
• 20:25
  the liquor store and you say here take $100.
• 20:28
  And this is I'm applying this to your Stam yenam to your bottles
• 20:34
  of wine. And it's true he might owe him
• 20:38
  at the end of the day $1000 depends how much wine he's going
• 20:41
  to be paying off his wages. But he still put aside his $100
• 20:46
  and he's you buying that whatever Stam yenam is going to
• 20:50
  go out from the store, he already bought with this $100 or
• 20:54
  a dollar. Whatever you paid now you
• 20:58
  acquired, you still owe more money, but you still acquired
• 21:03
  physically that yai, that Stam yenam that's going to go out.
• 21:09
  Maas konos baigoy correct? Nadav kakisha almarliye dinar
• 21:13
  zebiadka Ajit tashkilapolim. That's if you tell him, listen,
• 21:19
  take this $100, you can't use it.
• 21:21
  This $100 is for this tham yenam and save it with yourself until
• 21:27
  you give away this tham yenam. And I'm going to we'll, we'll
• 21:33
  make Rakesh bone afterwards. And if I have to pay you more,
• 21:36
  I'll pay you more. OK?
• 21:39
  Of all EM not no lo le hot CEO Akshav.
• 21:42
  But if you go to the non Jew to the store and you say here,
• 21:47
  listen, I'm just giving you like an advance of $100 or whatever
• 21:51
  the the dinar, whatever you give them.
• 21:54
  And you say it's not specifically for your wine.
• 21:58
  I'm just between me and you. I'm just lending you some money.
• 22:01
  I'm giving you some money so that you can trust me and you
• 22:05
  know that you let the my workers go collect whatever they want
• 22:09
  from your wine and then I'm going to owe you for it and then
• 22:12
  it's OK. So that's OK.
• 22:15
  Here. I'm just lending you some money
• 22:18
  and my employees might come to you mutter then that's 100%
• 22:23
  mutter because your your money did not get attached to the
• 22:28
  bottles of wine. Now I'll just point out if you
• 22:32
  look in the Shah or literally the tour and others, some don't
• 22:38
  make any of this hats or this distinction of this of the
• 22:41
  Shulkanar at the end. And as soon as you give him
• 22:43
  money, by definition, your money's being attached to the
• 22:47
  wine. But the base Yosef fights back
• 22:50
  on the tour and he says if the tour would have seen the Rashba
• 22:52
  inside himself, he would have agreed with me.
• 22:55
  Anyways, basically that the, the opinion of the Shulkanar is that
• 23:04
  your, your, I mean, it's pretty clear your money is not getting
• 23:08
  attached to the wine. It's just for the rights to let
• 23:11
  him. It seems to really just be just
• 23:13
  for the rights. So he trusts you to let him use
• 23:16
  it. Or perhaps perhaps there's some
• 23:18
  tirca involved to open up the store and set out the wine so
• 23:23
  that it's all prepared for, for the, for the employees and to
• 23:25
  deal with it. And for that, you're giving him
• 23:28
  an advance of money anyway, however you want to, however you
• 23:31
  want to explain it. The point is because you're not
• 23:35
  attaching it to the bottles of wine.
• 23:37
  Haggah Hain me shamanzamin goyim etzel mutter elitein maot la of
• 23:43
  do. And so to the Rama says anytime
• 23:49
  you have an employee, you're allowed to pay him with money,
• 23:53
  even though, you know, immediately afterwards, you
• 23:56
  could even encourage it that he's going to go across the
• 23:59
  street and buy himself, you know, treat himself at the end
• 24:02
  of a hard day. He's going to go buy himself
• 24:04
  liquor. He's going to go buy Yain Nessa.
• 24:06
  You could even tell, encourage him to do that.
• 24:08
  It doesn't matter because when you paid him, you paid him cash.
• 24:12
  And there's no problem whatsoever what the guy does
• 24:15
  with his money afterwards. OK, you know what?
• 24:20
  Maybe we'll just stop here, OK?