Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh Deah 133:5-134:2. Non-Jewish Waiters p3; Not Benefitting From Non-Kosher Wine; Mixtures of Non-Kosher Wine
Transcript
- 0:01OK, good morning. We are continuing Kuf Lama
- 0:04Gimmel see if hey, just going to take one minute here.
- 0:09Just a quick whoops. Just a quick review just in case
- 0:16I wasn't clear or misspoke. Basukia going to having non
- 0:22Jewish waiters resuming Christian right Muslim would be
- 0:28more maiko, atheists more Mako. But even by we're talking about
- 0:33non Jewish Christians you go to a wedding and there's waiters.
- 0:36What do you do if they open up all the non moversial non
- 0:42moversial wine, kosher wine and they open up the bottles for you
- 0:47and they have them out on all the tables.
- 0:50So according to the Roma, because Christians under Nisa
- 0:53Hayai nowadays, so therefore this is based on the Rama, based
- 0:58on the understanding of the Shah Otsar halakhos.
- 1:02Also in Psakim Uchuvos, this is in the end of the safer the
- 1:08first one and the section of the volume that has Bassar Bachalo
- 1:12Tarovis. It's in the very end of the
- 1:14Miluin Miluin Lammet Khet and also the Sheva de Levi that we
- 1:18mentioned in Kelebet Nun Gimel. So there they all say all the
- 1:25open bottles bid the evid. Of course, only bid the evid you
- 1:29do this happens. All the open bottles are 100%
- 1:33mutter to drink bid the evid and even all the wine that's poured
- 1:38out into your cups are also going to be mutter to drink bid
- 1:42the evid. And if it's non religious Jews
- 1:45kosher cane, it's fine. I know if you we go to, if you
- 1:50ask certain rabunnium, I understand they might say it's
- 1:54usser, but I haven't found an usser opinion yet in the
- 1:58spharium in the cup. So we do know it's the taz and
- 2:02the arsal macaroni, but certainly the bottles are fine.
- 2:05Did you have it? Practically speaking, it
- 2:11obviously is going to be a little bit of an issue because
- 2:13caterers don't want or hash Kafas don't want people saying
- 2:17that they allow non non non kosher wine.
- 2:21So the practical even bidi evid, they don't want their
- 2:26reputation. So how it plays out in the
- 2:29Simcha, it's a whole nother story, but how logically there's
- 2:33certainly what to rely on that it's 100% mutter in this bidi
- 2:38evid case. And but you're going to might
- 2:42have to announce that if you're going to serve it that the
- 2:46Ashkenazim could drink it. But this farding cannot because
- 2:50according to the the simple reading of the Sholkhanarak,
- 2:53it's 100% if it's been opened up by a non Jew.
- 2:58All the bottles at the wedding are 100% Aser bishtiya because
- 3:04it's it's still Coco. They didn't touch the wine
- 3:06itself. They didn't do Shuk shuk.
- 3:08So it's not Aser Bahana, but it is certainly going to be Aser
- 3:11Bishtiya and you have to sell it all or get, you know, give it
- 3:16away. Fine.
- 3:18So that's clear according to the so that should be simply
- 3:22speaking according to the spardium they would have they
- 3:24could not drink it. So you're going to have to
- 3:25announce to your guests that some could drink it and some
- 3:28cannot get a little complicated. And if it's non Jew.
- 3:36So then by the spardium that the cut, the bottles are mutter and
- 3:40what's poured out into the cup is a Mahlocas and you'll be Omar
- 3:44Abhavaja says it's Azar. OK, that we mentioned before.
- 3:47OK, that's a quick recap. Now let's get to Koflam and
- 3:51Gimel. Hey, inside where we are, Loya.
- 3:55Hey, Israel Mishamish, Mosaic, Lagoy BA NASA.
- 4:03Now let's see, you want to be the waiter, the you're the Jew,
- 4:06and you want to be pouring out this yay NASA for Stam yenam for
- 4:11the Golian at their party. You're working there.
- 4:16Why? OK, it's a good question.
- 4:18That's your job. That's the that because you're
- 4:24making money out of Stam yenam. That's what we learned
- 4:29yesterday. I know.
- 4:32So that's why we said yesterday, Meek Ardin, there's no, it's not
- 4:37Aser de Araisa, but it's a Kanas, it's an Isser Darabanan
- 4:42because you're indirectly making a profit.
- 4:46You're working, you're making your salary.
- 4:48Anytime you make indirect profit for Yay Nessa again, as long as
- 4:55it's Aser the one caveat that we saw was let's say 80 percent,
- 4:5899% of the your job is not for Yay Nessa, but you make a little
- 5:04bit side money. So then there's no Qanas.
- 5:06There's no there's no there's no Dengzira, OK, or qanas.
- 5:11OK, And again, according to the right Piscaychuva says there
- 5:20were the Baz points out it's a problem by Stan Yenam.
- 5:23The words in our show Kanarak is yen Nessa.
- 5:25But Llamaisa we hold there's no difference in most Alakos
- 5:29between Yenessa and Sam Yenam, just one's Dar EISA, one's
- 5:32darabana. So for Asvardim it's a problem
- 5:35in my section of Otsar Asvardim from base Laham Yehuda, he
- 5:40really just says the opposite. This is not a problem for
- 5:43Ashkenazim because it's we're talking about node stream who
- 5:47don't use Yeh Nessa. But anyway, the the pure normal
- 5:51Alakhab of the Abada Zara would be no difference.
- 5:54So again, well, yeah, you still Michelle, Michelle mosing lagoy
- 5:56by yay NASA because you're making money, you're making your
- 5:59wages out of right. We learned this by renting out
- 6:02land or your storehouse or your winery.
- 6:05All these issues are or your car, your truck that we had
- 6:08yesterday vehein Asturlia torgaman lagoy limcor Yay NASA.
- 6:13You also can't make a living out of being doing advertising for
- 6:17yay NASA. You can't go around calling out
- 6:20on the streets or advertising working for a yay NASA company.
- 6:28And so too, you can't, even if you start out with kosher wine,
- 6:42there's no, you can't have a goy handling it and you advertising
- 6:46it or selling it and trying to sell it because as you're in the
- 6:50process, it's becomes ye nessa Christa mienam and then you're
- 6:55making money out of that situation.
- 6:57OK, Val. And he can touch it.
- 7:06He's going to touch the wine. The case is the the practically
- 7:12the it's any case where you're selling wine that the guy is
- 7:16going to make Asar here while he's touching it or holding it,
- 7:19he's going to put it where the assumption is he's going to put
- 7:24his finger in the wine to touch it, to taste it.
- 7:28And the second he touches it, it becomes Asar Behna, not just
- 7:32Asar Vishdiya. OK, but it says let's discuss
- 7:38later. So, Bob, so Val afilu amarlo
- 7:43agoy shmor behinam Khavid, Zoe Nishbara.
- 7:47One second. Sorry, let me go again.
- 7:57It says please watch for me this habit for free and it has ye
- 8:01nessa on it Alphabisha pattur inishbro nevda.
- 8:06Even though your pattur you're saying OK, I'll watch it for
- 8:08you, but I'm not taking any Aquarius whatsoever.
- 8:10Anything happens, it's on you, right Miko Malcolm made the room
- 8:16to sha Vera Tabad. But now that you've been asked
- 8:19to watch it and you're accepting upon yourself to watch it, you
- 8:23don't want anything to happen to it because it's under your your
- 8:26watch and your guard and and you care about your friend.
- 8:30So we talk Shamir Otto. So so you don't want anything to
- 8:32happen while you're watching it. The road sahubi Kiyumo and you
- 8:36want it to stay safe and sound. So therefore that's the class.
- 8:42That's the case of Rd. sabi Kiyumo, the asar and it's asar
- 8:45mederabanan both on yeh nessac and both on Stam yenam.
- 8:50OK. Now the, the, the, the taz just
- 9:01points out there's it's, it's actually 2 problems with this
- 9:05halacha involve 2 reasons why it's asar, either because of
- 9:08Rotsebikiyumo or there's also Tovas Hana.
- 9:13So depended on the situation that owes you a favour and
- 9:17you're benefiting from the favour from Stamyena Marie
- 9:20Nessa. So there's two reasons why it
- 9:22could be a problem. Zain now a Jew who hires A goy,
- 9:29an employee. You have a bunch of barrels of
- 9:35yay NASA, and now the halacha is you have to get rid of them, you
- 9:39have to destroy them. So you hire a non Jew to destroy
- 9:43it for you. OK, OK, technically it could be
- 9:58OK, you're right right, It could be in either case, either
- 10:01direction depending on the situation.
- 10:04But fine, let's read it. The non Jew wants you to destroy
- 10:09his barrels of Ye Nessa for whatever the reason is.
- 10:13OK I better double check the original source, but it goes.
- 10:17It does apply in either direction.
- 10:18I think you're right. Either way, the Jew now wants to
- 10:22work. He's making money out of this to
- 10:24destroy it. Alpha pisher Rd.
- 10:27Alpha pisher Rd. sibikiyumam shaloh ishtabru me alayam acha
- 10:32ishbaram. You don't want them just to be
- 10:36to fall apart where they are to to spill, to be destroyed where
- 10:40they are. We want to.
- 10:42The purpose is to destroy them, but you want to do it in a
- 10:46certain a situation where it won't happen by itself, where it
- 10:50is whatever the situation is, right?
- 10:55You don't want it to spill in your winery.
- 10:57You want it to spill by the river.
- 11:00In other words, you don't want it to be.
- 11:02You want to destroy it, but you don't.
- 11:04You don't really want it to be destroyed right here and now in
- 11:07this place in the second, but it's not because you want it to
- 11:10stay in existence. It's just you want it to be
- 11:12destroyed in a more convenient manner and and the Jews going to
- 11:17be profiting by working for him. But again, it goes in either
- 11:20direction. It doesn't matter.
- 11:22The point is veto Scaram and you want to get money out of it.
- 11:25Scaro mutter the you're allowed to get paid for this, but Tavola
- 11:30Bracha, not only are you allowed to get paid for it, it's tavola
- 11:35bracha bipinisha maidbetifla because you are you are
- 11:39minimizing a varezara in the world or yeh nessa E surrehana.
- 11:45So that's that's your ultimate goal.
- 11:47It's true. You know, you need to stall a
- 11:50few minutes or a couple days in order so that it's done in a
- 11:53controlled manner so it doesn't make a mess, but the ultimate
- 11:57purpose is to destroy it. So that's a good thing and it's
- 12:02not there's no Easter Hana on on the money.
- 12:05OK, fine. For getting wages for that.
- 12:08OK, Thank you On on that. Moshe Simon.
- 12:11Kuf lahmid dalid. OK Kuf lahmid dalid.
- 12:15New topic Yayin shanit nasekh vineet arev.
- 12:20So we have yay nessa and Taro Vasuja Nessa.
- 12:23That's the case. OK, Olive yayin shanit nasekhla
- 12:29Varezara yayin that you was Anissa kayin became for
- 12:33varezara. So it becomes isser hana, right?
- 12:37Indoraisa. And it gets mixed with kosher
- 12:41Jewish wine OU SER Bahana. It makes the whole thing aser
- 12:46Bahana be kosuhu, the whole even be kosu because it's isser Hana,
- 12:52and so therefore the whole thing becomes aser bekosuhu.
- 12:56We're going to see as we keep reading, but sometimes it could
- 13:00still be, but we'll see. Normal classical case, you put 2
- 13:04together, it's Oser Bikoshew Ahmed Devaria Mamuri.
- 13:08And what are we talking about? Let's see a normal case where it
- 13:11becomes aser Beshehura khaya in Hamutar alti bashali ye nessa.
- 13:18Let's say you have a drop of Ye Nessa in a cup.
- 13:24Then you you pour a little bit of kosher wine on top of that
- 13:29drop, so it becomes aser. The whole thing becomes aser and
- 13:36the whole thing becomes Isser Hana.
- 13:38When you have a mixture of ye, we're going to see this again,
- 13:42Ye Nessa. With regular wine, the whole
- 13:45thing becomes Isser hana. But we're going to see if it's
- 13:50there's a difference if it's stamyenam, there is a difference
- 13:54here. If it's stamyenam that mix with
- 13:56kosher wine. So then the whole thing becomes
- 14:01Aser bishtiya, but it doesn't all become Isser Hana.
- 14:06It's ye nessa mamishtar Isa. Then it becomes and it's
- 14:10Bikoshu. The whole thing is Aser Bahana
- 14:14100% the whole thing. If it's stamyenam that gets
- 14:18mixed with the wine, then it's Oser Bikosher who bishtiya, but
- 14:23not all of it Behana. So remember that.
- 14:26We're going to see how that plays out in the next couple.
- 14:28See if you, OK, let's say you have you're pouring, you have a
- 14:42small bottle, I think our normal bottles of wine and you're
- 14:48pouring it out. Yeah, NASA out of a wine bottle.
- 14:52That's a small little pitcher is the translation, little habour
- 14:57shell yain. And you have a huge VAT, a pit
- 15:04of wine and a kosher wine, a Filo Iracol hayom kulo rishon
- 15:11rishon batal. So here's the exception.
- 15:14It is kosher, but it's still batal because if they come in
- 15:19contact together, let's say side by side, so then it's aserba
- 15:23kosheru. And in many situations, but if
- 15:28you have a giant VAT of kosher wine and then someone pours a
- 15:32bottle of wine into it, right? So then that goes in.
- 15:43Comes out and drops, comes out and drops.
- 15:44It's like an oil can. Only a drop at a time then
- 15:49otherwise. It's in, I don't think.
- 15:53I don't think that's correct. Yeah.
- 15:58But I think a regular, OK, we could discuss this afterwards if
- 16:01we see inside a proof one way or another.
- 16:03I believe even a bottle of wine is not going to make it a
- 16:06problem. Even though it pours out.
- 16:09We say as it falls in, it becomes battle.
- 16:16IRA So here's the opposite case. So you'll you'll understand why
- 16:21I say what I say. IRA Meghavit.
- 16:24If you take a big barrel now barrels a lot bigger than a
- 16:28bottle of wine with a little neck, you take a giant barrel or
- 16:32big barrel barrels are giant compared to a bottle of wine.
- 16:37IRA Meghavit Mein Shi era meha mutter le isor O mea Issa le
- 16:42mutter. It doesn't matter what's on the
- 16:45top and what's on the bottom anytime you pour from a barrel.
- 16:50So then I'll call ASA. It doesn't matter that you pour
- 16:53a barrel into a giant VAT since OK, me panesha ahmud haya red me
- 16:59piya khavit gadol. So then anytime you have a giant
- 17:05stream, I don't think that applies to a bottle of wine, but
- 17:08then we can discuss it later. Anytime, Anytime you take age,
- 17:15right? So the Shah says what I said no.
- 17:20OK, we'll discuss it afterwards, please.
- 17:23We'll discuss afterwards and I'll explain to you the if you
- 17:27pour from a giant habit. So then anytime you pour from a
- 17:32giant habit, it's always going to be us, Sir.
- 17:35We don't say Kama Kama rishon rishon battle and the the Shah
- 17:41Khanarak simply just says the difference between a khavit and
- 17:45itsir tzur khatan is because one has a small kilua, one has a
- 17:50small flow pouring out of it and one has a large flow.
- 17:54Very simple. The the Shah, I'm not I don't
- 17:58know if he argues or not, but he just comes to bring the Ron who
- 18:02explains the gamar a little differently.
- 18:04The difference of the helot between a sirtzur katan and a
- 18:08caveat is not the kiluak that flows.
- 18:11It's anytime you it's normal for the entire thing to get spilled
- 18:15into the next, then we don't look at it as richon, richon
- 18:20bata. We look at if it's normal.
- 18:23It's not normal to spill out an entire barrel.
- 18:25It's normal to spill out an entire bottle of wine or a
- 18:28little pitcher. So then we look at as if it
- 18:32happened all at once side by side.
- 18:35And then you don't say comma, comma batil.
- 18:37Just throwing that out there as an aside.
- 18:41No, the shock. I don't know if you want to call
- 18:43it the obvious, but this case of comma comma batil, it's even if
- 18:48it's there's not Shishin connect, though, it's still
- 18:51going to be it's still going to be still going to be mutter
- 18:57because comma comma batil. What if the OR the whole bottle
- 19:05of wine that you're pouring out? It doesn't have to be it's even
- 19:08if it's not shishim Connecto. Let's say the VAT, the pit of
- 19:14wine, kosher wine is only 40 times what's in the bottle of
- 19:18wine and you pour it in. It's still going to be batto.
- 19:22We don't have, we don't need it to be Batto, but Shishim and
- 19:26just well, the Shah and Gimel just points out, even though
- 19:31it's being poured again, so it's not a dropper.
- 19:35Shah says that clearly, but you can we'll discuss it later if
- 19:39you want and see if Gimel we don't, even though normally we
- 19:44learn the Halakhav Nitzak keyboard.
- 19:47So how come as you're pouring, it's not drops?
- 19:49Why you're pouring from the bottle into the bore.
- 19:53Why don't we say Nitzhak kibor? And since the bottle is yeah,
- 19:56Nessa, therefore that should connect to the bottle.
- 20:00Basically, it works. You can read how he explains he
- 20:04just said because as it hits the bottom, it automatically becomes
- 20:08but so you don't have this. This does this doesn't have a
- 20:11chance for Nitzhak Kibor to be a problem.
- 20:14Basically what he's saying in in other words, Nitzhak Kibor.
- 20:18This is my explanation only applies.
- 20:22Upwards, not downwards, if that makes sense for you.
- 20:26All right, you can think about it.
- 20:30Let's go on. And the Shah says even a little
- 20:40bit more Lacula even when you're pouring from a caveat because I
- 20:44think, I don't know, it seems like he's it's not.
- 20:47OK. So when you're pouring from the
- 20:50havit and you have a big kilua, that's only if it's not nifsaka
- 20:54kilua. But if you're just pouring
- 20:57spurts, big spurts from the havit, it's also going to be
- 21:02bata, a comma, comma bata. OK, let's let's do one more.
- 21:07I think. Yeah, let's do bet Yayin shano
- 21:09ASR alabishtia Ena OSAR alabeshishi Now wine that only
- 21:18became asar bishtiya, then it's it's only going to make
- 21:23something else asar if it's if it gives a tongue.
- 21:29In other words, if it's Ulster bishtiya, it could become
- 21:33batobishishi, right? So yayin sheno azur al bishtiya
- 21:38Eno Ulster alabishi nitare with Stam yenam bhai mutter haiza ASR
- 21:44bakul shuhu bishtiya. So what happens is this is what
- 21:48we just said before my little introduction.
- 21:51If you mix, the first case was Ye Nessa and then that's
- 21:55everything becomes Aser bahana. If you have a mixture of Sam
- 21:59yenam behind mutter, then everything is Aser bishtiya, but
- 22:09not everything is Asser Behenna. This is also in the Shah Yud
- 22:13olive. Basically, you said that over
- 22:16twice. So anyways, let's keep reading.
- 22:18So in other words, there is you don't lose everything, you don't
- 22:23lose all your money. If it's a case of Ye Nessa and
- 22:25it gets mixed in, you lose all your money, you can't sell it.
- 22:29It's all Asser Behenna. If it's Stam yanam, it's asser
- 22:33vishhtiya and it gets mixed in. So you can't drink it, but you
- 22:37don't lose your money. So what do you do?
- 22:42So you take the whole mixture and you sell the whole mixture
- 22:45to Agoy because it's all it's it's not.
- 22:48Oh, it's, it's mutter behana. All the kosher wine is mutter
- 22:51behana. But the portion of Stam yenam is
- 22:54still asur behana. So what do you do?
- 22:57A little bit. OK, ACH de meihayana asurbo.
- 23:00So the guy pays you cash pays you.
- 23:02I don't know. The barrel gets mixed in with a
- 23:05little bit of Stam yenam. So he pays you $100, let's say
- 23:08it's 1%. So one $1.00, whatever, whatever
- 23:12the amount is the demand of the stamina Mashiko, the Yama Melek,
- 23:17you throw it in the Yama Melek and then you can benefit from
- 23:22the rest of the Hamaoto money. And the shock just points out
- 23:29you can, you can. Another option is instead of
- 23:34taking the full 100% or $100 out of it, just take if it's 1%,
- 23:40just take the money a value of 99% and the goy can you can
- 23:45leave that 1% with the goy you don't have.
- 23:48You can tell him, you don't have to tell him it doesn't matter as
- 23:51long as it's clear what the value of the 100% is and the
- 23:57full amount is. And then you're and then you
- 24:00deduct either you let him keep it or you throw it away after
- 24:04you collect it. And the shock says you should
- 24:07really burn it in the OR or either throw the Yamamalak or
- 24:10you sirfenovi verando tovas Hana.
- 24:17OK, good question. I don't know.
- 24:22OK, ask the shock. Good question.
- 24:26In with Arva cavicho ye nessa a colosaurium.
- 24:32Now let's new case. Let's say you have many barrels.
- 24:36One of the barrels you find you find out gets mixed in from yay
- 24:40nessa. I don't know it gets you
- 24:42transporting them on a truck and somehow they all got 1 barrel of
- 24:47yay nessa got mixed in with all your kosher wine.
- 24:50Again we said if it's yayin be yayin mamashivay nessa.
- 24:54So then the whole thing is asser.
- 24:56But here it gets it's separate it's the barrels are mixed in,
- 25:00not the wine itself is mixed. So then so then we see a call
- 25:05asurian bishtiya, they're all asur bishtiya.
- 25:10But all the kosher barrels are kosher just the money value or
- 25:15that one is asur. So the same idea over here.
- 25:24And so you just you just have to lose throw away the value of the
- 25:34the Astor habit, Hagar says. Hold on a second.
- 25:46There's so if there has a den of a big barrel, so then that's
- 25:54when that one barrel still says user and therefore you have to
- 25:58lose the value when you sell them all together, you lose the
- 26:01value of that one, you throw away that value of that one
- 26:04that's user. But if it's they're all, I don't
- 26:10know, maybe just a wine bottle the size of a wine bottle.
- 26:13Maybe it depends how expensive it is, I don't know.
- 26:15Whatever the case is, if it's a small amount, then you go Khad
- 26:18betray and it's Batobarov. Kamal Bashar is Suryam like
- 26:24normal. And even in the case of a big
- 26:29one, and this goes back to Tarovis, even if it's a big one
- 26:34and it's Khashuv, but it already got thrown away on its own.
- 26:38One of them, one of the barrels, you don't know which one we're
- 26:41allowed to be tolah that it was that one Kamal Bashari, Sir. the
- 26:48IT doesn't matter either way. The yeesh, Omrim de colstam
- 26:51Yenam is manizer, but Tolbishishi and vecchino again.
- 26:54And then the Rama just points out.
- 26:55But but also nowadays it's not a problem.
- 26:58Everything's but Tolbishi and nothing's us or the kosher who,
- 27:01and therefore you're allowed to be Mako and the Shah just points
- 27:06out might be arguing or explaining.
- 27:09He says that's only a din la Khakhila though, but Bedi Evid.
- 27:13I think he's arguing. He says that's only a din Bedi
- 27:17Evid, but la Khakhila you still have to throw away and if you
- 27:23the value of the non kosher barrel in a yayin Elyon Mohil
- 27:32yayin a takhton. Basically, we've discussed that
- 27:37and fine, I'll stop here.