Kol Torah

View Original

Blended Liquors By Rabbi Chaim Jachter

5784/2024

Blended Liquors Containing Wine

Rav Pinchas Teitz

Rav Pinchas Teitz, aside from being an outstanding Torah scholar and community Rav, was an unparalleled Torah pioneer. His founding of the city of Elizabeth, New Jersey’s Jewish Educational Center in 1942, was the first Jewish day school outside a large city blessed with a large Jewish community. In 1953, he began his Daf HaShavua radio broadcasts, which ushered in the age of using mass media for large-scale Torah dissemination. 

At its height, Rav Teitz's Motza’ei Shabbat broadcasts had over 200,000 listeners. He began a myriad of other critically important initiatives, including Yavne, the first association of Orthodox college students on secular campuses, and quiet outreach to Soviet Jews caught behind the Iron Curtain.  

Liquor Certification

In the late 1940s, Rav Teitz was the first to certify kosher liquor to ensure it was free of non-kosher wine (and other ingredients). He also engaged in an extended and extensive debate with Rav Moshe Feinstein about the nullification of such wine in liquor (for a sample of such alcoholic products, see https://www.wineenthusiast.com/culture/spirits/four-liquors-made-wine/). These disputes are memorialized in Teshuvot Igrot Moshe Y.D. 1:62-64. We shall outline three of the major debates that raged between these two Torah giants. 

Bittul B’Shishah

Shulchan Aruch (Y.D. 134:5) teaches that wine is nullified when it is one-sixth of the liquid, with the rest being water (Bateil B’Shishah). While the Rama (Y.D. 123:8) cites a dissenting opinion that any taste of non-kosher wine forbids the wine, the Shach (Y.D. 123:16) states that the Halachah follows the lenient view. 

Great debate emerged about whether the wine is Bateil B’Shishah regarding other liquids. The Taz (Y.D. 114:4) applies the one-in-six nullification principle to wine in any liquid, whereas the Shach (ad. loc., in the Nekudat HaKesef) limits the rule to where wine is mixed in water. However, if the wine is blended with other liquids, it requires sixty parts to nullify it. Thus, according to the Shach, the non-kosher wine in the teriyaki sauce is not Bateil (nullified).  

Rav Moshe writes that the Taz is customarily followed, as many Poskim agree with the Taz. These Poskim include the Magen Avraham 204:16), the Pri Chadash (Y.D. 114:10, and the Chochmat Adam 80:2). In addition, Rav Moshe argues that even the Shach agrees that wine is nullified in sharp-tasting liquid (such as alcohol).

Milta D’avidi L’Ta’ama

Rav Teitz also marshals the Rama’s ruling (Y.D.98:8) that something that adds flavor (Milta D’Avidi L’Tta’ama) is not nullified even in sixty parts. He argues that even the Taz would concede when the non-kosher wine Is added to enhance taste. However, Rav Feinstein responds that Rama’s rule only applies to items that add a strong flavor to the mixture. 

Rav Teitz notes that the Rama (Y.D. 114:6) forbids liquor to which wine dregs (Shemarim) were added to add flavor. Rav Feinstein counters that Shemarim are the exception since they have a very strong taste.  

Something Normally Nullified – The Rashba 

Rav Teitz notes that the Shulchan Aruch (Y.D. 134:13, citing the Teshuvot HaRashba 3:214) rules that wine is not nullified if wine is routinely mixed into that product. However, the Gilyon Maharsha (ad. loc. citing Teshuvot Noda Beyehuda, 2 Y.D. 56) rules leniently since the Ran (Avoda Zara 29b) notes that the Ri Migash and the Rambam disagree with the Rashba.  

Bittul Isur Lechatchila

Rav Teitz notes that even if the non-kosher wine is Bateil, we are forbidden to nullify forbidden food deliberately (Ein Mevatlin Issur Lechatchila). Violators of this rule and those for whom the Bittul was done may not benefit from it (Shulchan Aruch Y.D. 99:5).      


If a Jew produces mixed alcohol, the debate between Rav Moshe and Rav Teitz hinges upon a dispute between the Taz (Y.D. 99:11) and Rebbe Akiva Eiger (Y.D. 99:5 s.v. V’chein). They argue whether customers are prohibited from enjoying a product in which the Jewish manufacturer nullified a prohibited item. Rebbe Akiva Eiger clinches his argument by marshaling the Rivash (398), who supports his view. However, Rav Feinstein responds that Rebbe Akiva Eiger’s strict view does not apply when most of the customer base is not Jewish.    


Regarding a non-Jew producing mixed alcohol, including non-kosher wine, the debate between Rav Moshe and Rav Teitz hinges upon a dispute between the Radbaz and the Torat Chessed. The Radbaz (Teshuvot 3:547) rules that purchasing food in which a non-Jew performed Bittul is classified as Bittul Lechatchila. 


Although the Torat Chessed (O.C. 21) is lenient and Rav Hershel Schachter rules that the Halachah essentially follows this opinion, Rav Schachter maintains that one should be strict except in case of great need. However, Rav Ovadia Yosef (Teshuvot Yabia Omer 7:Y.D. 7) addresses this topic at some length and notes that this dispute has raged since the Rishonim. He concludes leniently.


Canadian Whiskeys – CRC vs. Star-K


Canadian whiskies often contain one percent wine and are nullified in at least sixty times the permitted item. However, the concerns for the Rashba and Rebbe Akiva Eiger still apply. Interestingly, the Star-K (in principle) allows such Canadian whiskies, but the CRC does not.  


Rav Moshe’s Recommends Stringency


Despite Rav Feinstein insisting that baseline Halachah permits alcoholic beverages with some non-kosher wine added, he agrees that a Ba’al Nefesh (one who maintains a high level of Halachahh observance) should abstain from drinking these beverages. Rav Moshe writes that he avoids such drinks unless social courtesies expect him to partake in a L’Chaim. Rav Moshe even commends Rav Teitz for certifying alcoholic products. 


Rav Feinstein recommends stringency for several reasons, including the desire to satisfy the Mateh Yehanatan’s (Y.D. 114:4) stringency that sixty permitted parts are needed to nullify wine added to improve a product’s taste. Rav Moshe also prefers satisfying the Rashba’s strict stance and the possibility that the Shach requires shishim to be Mevatel non-kosher wine placed in alcohol.  


Conclusion


I observed Rav Elazar Meyer Teitz, Rav Pinchas’ son and successor as Elizabeth’s Rav, that his father won the day in his famed dispute with Rav Moshe. Both the CRC and Star-K permitted liquor lists only recommend alcoholic beverages free of non-kosher wine. Rav Yisroel Belsky (Shulchan Halevi, English pp. 120-121) also recommends stringency since even Rav Moshe agrees that a Ba’al Nefesh should be strict. 


Unlike other areas (such as Chalav Yisrael), there is little compelling reason to be lenient when many available liquors are free of non-kosher wine. Rav Elazar Meyer Teitz told me, “I never heard of a mother struggling to find Mehadrin whiskey to serve her young children.” Today, we are hard-pressed to find a Sha’at HaDechak (case of great need) to justify leniency.