Monday, March 12, 2018

Fossilization of halacha - יין מבושל בזמן הזה

Chazal were very strict with wine and non-Jews because wine was a central part of the Avoda Zara process. Therefore they prohibited all wine made by a non-Jew and even prohibited Jewish wine if a non-Jew touched it. The gemara has one famous leniency, none of these restrictions apply to cooked wine because cooking the wine affects the taste and therefore they would not use it for Avoda Zara.

This leniency is used today for almost all the wines made in the US. However, nowadays this is very difficult for a few reasons:

  1. They don't actually cook the wine, they flash pasteurize it which is a very different process then cooking and may not actually be considered cooking al pi halacha
  2. It may not make the wine taste worse, it may even improve the taste
The following is from an FAQ from the Royal wine company
What does mevushal mean?

Mevushal is perhaps the most misunderstood term in the kosher wine tradition.
In Hebrew, mevushal means literally boiled. However, mevushal wines are not heated to a boiling temperature. Thanks to modern-day technology, mevushal wines are flash-pasteurized to a temperature that meets the requirements of an overseeing rabbi. The technique does not noticeably harm the wine. In fact, flash-pasteurization is used at a number of very well known non-kosher wineries, where it is thought to improve certain aromatics.
For Jews, however, the technique simply alters the spiritual quality of a kosher wine, making it less susceptible to ritual proscription. That means anyone—whether kosher or not—can open a bottle of mevushal wine and have it retain its kosher status. Non-mevushal, wines are more sensitive to religious constraints and must be opened and poured only by Sabbath-observant Jews. 
This is complete and utter nonsense. It alters the spiritual quality of the wine?  This sounds like magic not halacha. It is clear that the leniency of cooked wine should be meaningless today given the way it is done today and the effect on the wine. This is another great example of the fossilazation of halacha. Since the Shulchan Aruch has the heter of cooked wine it applies forever even if teh fcats have completely changed.

1 comment:

  1. Quite an interesting one as you could make an opposite argument that there is no real worry about yayin nesech anymore. To what extent do these cancel each other out so you in practice have a situation where it is not really much of a concern on one hand, but is not really much of an imposition to be mevushal wine on the other hand. Overall you end up in a reasonable place.

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