Beer of Non-Jews
[2] (Halacha 1085)
In the previous halacha we saw that it is forbidden to drink beer in a non-Jew's shop
Question: Is drinking beer at a non-Jew's forbidden even when one drinks in a casual manner?
Answer: Tosafos wrote1: 'One who lodges in the house of an idolater — it may be that it is permitted to send into the city to buy beer from the idolater, for it is like the house of a Jew; and even if the idolater, his host, gives him of his own (and he drinks), because of eivah; for they forbade it, because of intermarriage, only to make a fixed drinking in a shop, or habitually to drink in the house of idolaters; but merely occasionally, it is permitted'.
And so writes the Rosh2: 'And it appears that there is no prohibition except when he establishes himself to drink in the house of the idolater, in the manner in which they were accustomed to establish themselves for drinking. But if he enters the house of the idolater and drinks in a casual manner, merely occasionally, they did not decree. And so all the great ones of the Land of the Isle3 were accustomed to conduct themselves. And likewise one who lodges in the house of an idolater — the inn is considered like his house, and it is permitted to drink'.
[The Ohr Zarua4 gives as the reason for the permission regarding a guest that it is because this is casual, and these are his words: 'However, a person traveling on the road who lodged in the house of a non-Jew is permitted, merely occasionally; since he is not regularly with him, there is no concern that he will set his eyes on his daughter. Alternatively, for instance, if he entered the house of a non-Jew and he poured him a cup of beer, it appears that it is permitted because of eivah'.]
Thus we have seen that according to the view of Tosafos and the Rosh, the prohibition is only when he establishes himself to drink; but if he drinks a) in a casual manner, b) occasionally — it is permitted.
However, some wrote that there are Rishonim who forbade even occasionally; but as halacha they wrote in accordance with the words of Tosafos, as the Knesses HaGedolah writes5: 'And the Maharshach, in the aforementioned responsum, had difficulty with this and proved from the words of Sefer HaTerumah, the Hagahos Maimonios, the Mordechai, and the Nimukei Yosef that if there is no concern of eivah, even occasionally it is forbidden. And know that Tosafos, the Rosh, and the Rivah [= the Tur] forbade only a fixed drinking, even once, or even in a casual manner when it is habitual; but once, in a casual manner, occasionally, it is permitted. And they inferred this from the fact that they wrote that they forbade, because of intermarriage, only to make a fixed drinking in a shop, or habitually to drink in the house of non-Jews etc.; and from the fact that they say "or habitually", they certainly hold that even if it is not fixed but casual, if it is habitual it is forbidden, but merely occasionally it is permitted. And in order to correct the words of Tosafos, he emended it to read "and furthermore, they did not forbid" etc. And he concluded regarding halacha that since it is a Rabbinic matter, we hold leniently, in accordance with the words of Tosafos'.
And as halacha, the Mechaber writes6: 'And they forbade only when he establishes himself to drink, in the manner that a person establishes himself for drinking; but if he entered the house of the idolater and drank in a casual manner, occasionally, it is permitted. And likewise one who lodges in the house of an idolater — it is considered like his house, and it is permitted to send into the city to buy beer from the idolater'.
And the Pri Chadash writes7: '"And drank in a casual manner, occasionally" etc. — Explanation: we require two things: that it be in a casual manner, that is, not in a fixed way; and occasionally, that is, that he not be accustomed to this. And so it is explained in the words of Tosafos. And you should know this, for it is stated in the Gemara that for Rav Pappa they would bring it out to the door of the shop and he would drink; and at the entrance of the shop, presumably there is no fixed setting, and all the more so Rav Pappa, who certainly would not establish himself at the entrance of the shop to drink beer; and since it was not in a fixed manner, he could have even entered the non-Jew's house and drunk — except that Rav Pappa was accustomed to this, to go into the non-Jew's house and drink beer, and therefore he would drink only at the entrance of the shop. But one who is not accustomed to this, and also does not establish himself to drink beer, is permitted to drink, even in the non-Jew's house'.
And in the Kaf HaChaim he writes8: 'And it implies that in a fixed manner, even once, it is forbidden; and habitually, even in a casual manner, it is forbidden. And so writes the Knesses HaGedolah in the Hagahos Beis Yosef, os 10. And "habitually" means three times; but once or twice in a casual manner is permitted'.
> Thus we have seen that as halacha, the prohibition applies when a person "sits down to drink" beer at a non-Jew's, or also if he does not sit down to drink but this is his habit. But if he drinks in a casual manner9, and it is not something common for him, then it is permitted. And in the next halacha we will see which beer they forbade.
Notes:
1 Avodah Zarah 31b, s.v. "VeSarvayhu" ↩
2 Avodah Zarah, ch. 2, siman 15 ↩
3 The Pilpula Charifta writes, se'if katan 50: '"The Land of the Isle" — I heard that it is the great island in the sea that is called Anglateria, and in the language of Ashkenaz, England' ↩
4 Piskei Avodah Zarah, siman 163. However, the Ohr Zarua did not write that the permission is only when one does not make it a fixed drinking; but perhaps this is his intent: that with a guest, the main drinking is not in a manner of making a fixed drinking, and likewise in the latter case, where merely "he poured him a cup". And in the latter case (where it is possible that it refers even to one who is regularly with him), he permitted only because of eivah. And this requires further study ↩
5 Hagahos Beis Yosef, Yoreh De'ah, siman 114, os 10 ↩
6 Shulchan Aruch, Yoreh De'ah, siman 114, se'if 1 ↩
7 There, se'if katan 4 ↩
8 There, se'if katan 6 ↩
9 See for example what the Chochmas Adam writes, klal 66, se'if 14: *'to drink because of thirst'* ↩
[3] (Halacha 1086)
Question: Which drinks are included in the prohibition of the beer of a non-Jew?
Answer: In the previous halachos we saw the wording of the Gemara regarding the prohibition of beer: 'They forbade the beer of non-Jews'. And at the end of the perek1 the Gemara brings a baraisa: 'Our Rabbis taught: "And likewise, the apple wine of idolaters that comes from the storehouse, from the hefkes, or from the selulah — is permitted; that which is sold in a katluza — is forbidden, because they mix wine into it. Our Rabbis taught: Once Rebbi had pain in his intestines. He said: Is there anyone who knows whether the apple wine of idolaters is forbidden or permitted? Rabbi Yishmael the son of Rabbi Yosi said before him: Once my father had pain in his intestines, and they brought him seventy-year-old apple wine of idolaters, and he drank and was healed. He said to him: You had this much in your hand, and you caused me distress! They searched and found a certain idolater who had three hundred jugs of seventy-year-old apple wine, and he drank and was healed. He said: Blessed is the Omnipresent, Who has handed over His world to guardians'.
And the poskim wrote that even in the period of the prohibition of beer (which, as we have seen, was newly instituted in the time of the Amoraim), the permission to buy and drink apple wine remained, even in the non-Jew's house2, as the Rambam writes3: 'Apple wine and pomegranate wine and the like are permitted to drink in any place; something that is not common, they did not decree upon it, raisin wine is like wine and is used for libation'.
And the Kesef Mishneh explains: '"Apple wine and pomegranate wine are permitted to drink in any place" etc. — It appears that he learned this from the fact that it did not mention a prohibition of the drinks of idolaters, but only beer'.
> Thus we have seen that beer was forbidden, but apple wine is permitted because it is not common, and therefore they did not decree upon it.
However, we find several opinions among the Rishonim as to what is included in the prohibition. a) Some wrote that they forbade not only beer but also other drinks similar to beer. b) Some wrote that they forbade beer, but all kinds of beer, whether from grain or from fruit. c) Some wrote that they forbade only one kind of beer, which was common in their time and in their place, as follows:
a) The Rosh writes4: 'When they forbade beer, they also forbade honey5. Except that in Bavel beer was more common6.
And the Pri Chadash writes7: 'And to me it appears primary, as I wrote, that according to the view of the Rosh, all kinds of drinks entered under the decree'.
And similarly the Ohr Zarua writes8: '"And honey" — the Rav, Rabbi Baruch zt"l, wrote in Sefer HaTerumos that it is permitted even in the house of a non-Jew, for we do not see that the Talmud forbade it, because there is not so much closeness of minds as with beer. And this is astonishing, for on the contrary, there is more closeness of minds with it than with beer. And it appears to say that honey too we do not permit in the house of a non-Jew, but only in his own house'.
And the Tur writes9: 'All beer, whether date beer or barley beer, and likewise a drink made from honey, are forbidden because of intermarriage'.
b) The Rambam writes10: 'One may not drink their beer that they make from dates and figs and the like'11.
And so writes Tosafos12: 'And included in the law of beer is both date beer and grain beer'.
And some emphasized that honey is not included in the prohibition of beer, as written in Sefer HaTerumah13: 'And honey is permitted in the house of an idolater, for we do not see that the Talmud forbade it, because there is not closeness of minds with it even as with beer'.
And the Smag writes14: 'The beer of non-Jews is forbidden to drink in the house of the non-Jew because of the decree of intermarriage, for Rav Pappa [they would bring it out] to the door of the shop; and if he lodged in the house of the non-Jew, it is permitted. But honey and other drinks are permitted even in the house of the non-Jew'.
c) The Ra'avyah writes15 [the Mordechai brought it16]: 'Regarding our beer, which is made from aged grain, that is, keshisa — it appears to be permitted, as I explained, and even to drink in the house of the non-Jew, and even if the non-Jew brewed it in the house of the non-Jew'.
And the Beis Yosef explains17: 'And it appears that his reason is because he holds that since we do not find that beer is forbidden except from that case of Rav Pappa and Rav Achai, one should forbid only the kind of beer of theirs, which was of dates, but not barley or other kinds18; but Tosafos and the poskim disagree with him, as has been explained'.
> Thus we have seen the words of the Rishonim regarding the kind of drink forbidden under the prohibition of beer, and in the next halacha we will see how it was ruled as halacha.
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Notes:
1 40b ↩
2 Even though there is no proof from the words of the baraisa (in addition to the fact that the prohibition of beer is from the time of the Amoraim), as the Lechem Mishneh writes on the Rambam cited below: 'And there is no compelling proof from there that it is permitted to drink it even in the house of the idolater, for perhaps the baraisa said only that it is permitted to drink it in his own house and not in the house of the idolater; and nevertheless our Rabbeinu wrote "in any place", meaning even in the house of the idolater, because he did not find a prohibition in the Gemara except regarding beer alone' ↩
3 Hilchos Ma'achalos Asuros, ch. 17, halacha 11 ↩
4 Avodah Zarah, ch. 2, siman 15 ↩
5 Note what is written in the Maharil (Minhogim), Likutim: 'Wherever it says sheichar, it means honey water, which is called "med"; but barley beer, which is called "bir", is called in the language of the Sages "porzna", and so it is in Perek Arvei Pesachim' ↩
6 And the Pilpula Charifta writes, os 60: '"Beer was more common" — and therefore they did not mention honey, as in the Mishnah'. And from the words of the Rosh it appears that honey was part of the prohibition, and not merely that the reason for the prohibition applies to it as well. And we will see this in the next halacha ↩
7 Yoreh De'ah, siman 114, se'if katan 1 ↩
8 Piskim, siman 163 ↩
9 Yoreh De'ah, siman 114 ↩
10 There, halacha 10 ↩
11 Except that in the words of the Rambam it can perhaps be explained that he includes honey as beer too, as it is in the words of the Mechaber, who wrote: 'All beer of Kusim, whether date beer, or of figs, or of barley, or of grain, or of honey'; and we will see the discussion of his words in the next halacha ↩
12 Avodah Zarah 31b ↩
13 Hilchos Akum, siman 157. And in the Hagahos Maimonios there, os 50, he writes: 'Sefer HaTerumah wrote that presumably there is no distinction between date beer and grain beer, but honey and other drinks are permitted — end quote. And so too Sefer HaTerumah permitted honey and other drinks, and also apples, like our Rabbeinu the author, and in his name' ↩
14 Lavin, siman 148 ↩
15 Teshuvos U'Biurei Sugyos, siman 1060 ↩
16 Avodah Zarah, simanim 818–819 ↩
17 Yoreh De'ah there ↩
18 And the Pri Chadash, se'if katan 6, challenged this reasoning and wrote: 'And nevertheless, this reasoning is not at all clear: firstly, for in the Gemara it says "beer" without qualification, implying that they forbade every kind of beer; and furthermore, for Rav Pappa was a seller of date beer, as Rashi explained at the end of Perek Keitzad Mevorchin [Brochos 44b], and in the Gemara we say that for Rav Pappa they would bring it out to the door of the shop and he would drink — and necessarily this was another kind of beer that he did not have; evidently the Sages forbade every kind of beer because of intermarriage; and so is the view of all the poskim' ↩
[4] (Halacha 1087)
In the previous halacha we saw the words of the Rishonim regarding the beer that was forbidden to drink at a non-Jew's.
Question: How was it ruled as halacha?
Answer: The Mechaber writes1: 'All beer of non-Jews, whether date beer, or of figs, or of barley, or of grain, or of honey, is forbidden because of intermarriage'.
> Thus we have seen in the words of the Mechaber that he added a prohibition on honey as well [but he included it under beer — that is, honey beer]; and the poskim wrote that according to those who forbid honey, the same applies also to other drinks2.
However, some wrote that what is stated applies only to alcoholic drinks, as written in Shu"t Halachos Ketanos3 regarding coffee: 'What my father-in-law, the Rav, may his light shine, wrote — that it is forbidden to drink it in coffeehouses because of intermarriage — with all due respect, it is not something intoxicating; but there is [a concern] of a "moshav leitzim" (a session of scoffers)'.
On the other hand, some wrote that it applies to any drink over which people establish themselves for drinking, as the Erech Lechem writes4: 'One should be stringent regarding the kahve that is made in Egypt, not to drink it in the place where it is sold, because of intermarriage'.
And so writes Shu"t She'ilas Yaavetz5: 'That it is proper to forbid entirely drinking it in the house of a non-Jew — only in the manner explained in Yoreh De'ah, siman 114, regarding beer — even if we would know with complete clarity that it was made without any admixture of anything else. For beer too we forbid because of what may come of it. And so the Shulchan Aruch ruled, to forbid drinking it in their houses in a fixed manner even nowadays, and especially in a place where they are lenient regarding stam yeinam, for the reason of the Rashba z"l there. And this is exactly our law, even though one could distinguish somewhat between the subjects, for beer is something intoxicating and may lead [to sin]; and one who wishes may say that for this reason they were concerned about it, because it also relates to the decree regarding their daughters — which is not so with coffee, which, on the contrary, is made to dispel wine and rescues one from intoxicating wine. Nevertheless, it appears more likely that they did not distinguish among them, and with one stroke they established the prohibition of all drinks .. and they did not nullify their decree except in a time of pressing need, even though drunkenness and its accessories do not apply to them at all. And if in their times they were so stringent upon themselves with a decree upon a decree, because of "we say to the nazir: go around", we in our generations, which certainly have not become more worthy — all the more so must we increase such decrees, to fence the breach, so that they do not set their eyes upon the daughters of the land. Therefore, from now on the matter is clear in my eyes that it is fitting and proper to be stringent upon them in every similar case; and this is from the law of the Talmud, as stated. But what can we do, for our generation is not fittingly conducted, and even if we cry out all day, no one pays attention to us, not to cross the boundary even in the essentials of Torah prohibitions; and it is forbidden to say something that will not be heeded. Nevertheless, I did not refrain from mentioning this and recording it in a sefer: "השומע (הסר למשמעתנו) ישמע. והחדל יחדל" ("He who hears (who turns to our discipline) shall hear, and he who refrains shall refrain")'.
> Thus we have seen that according to the words of the Mechaber all beer is forbidden, and several poskim understood from his words that every significant drink is forbidden; and according to their words, it would also be forbidden to sit in a non-Jew's coffeehouse and drink coffee there.
However, in the previous halacha we saw the view of the Ra'avyah and the Mordechai, that beer made from grain does not have the prohibition, and the Rema brought them in his gloss: 'And some permit beer of honey and grain, and so the practice is to be lenient in these countries'.
However, despite the words of the Rema, several Acharonim wrote that one should be stringent regarding all beer6, as the Bach writes7: 'Evidently they had several kinds of beer, and also barley beer, and presumably they also had bees' honey water like ours, for there is nothing new under the sun that has not existed forever, and all was included in the prohibition. And according to this it would be fitting to compel those people who transgress the words of the Sages and drink beer and honey in a fixed manner in the house of the non-Jew; but I did not see my teachers protesting against them, for "leave Yisrael alone — better that they be unwitting than deliberate"; and so writes the gloss on the Shulchan Aruch, and these are his words: "And some permit beer of honey and grain, and so the practice is to be lenient in these countries" — end of his words. And one who refrains will be blessed'.
And the Shelah8: 'Do not drink in the house of an idolater even beer, which is called "bir", [and Heaven forbid] honey, which is called "mid", which is more intoxicating — except casual drinking, or on the road at an inn, you may drink to satisfy yourselves. But not to establish yourselves, as is the custom of some people of the country; for establishing oneself in the house of an idolater is forbidden Rabbinically because of intermarriage, with any drink, as written in Yoreh De'ah. Even though my teacher, the Rema z"l, wrote about this in his Shulchan Aruch that the practice is to be lenient in these countries, it is fitting and proper that you be among those who are stringent'.
> Thus, in Ashkenaz the practice was to be lenient in drinking beer that is not from dates; and some wrote that even so it is fitting to be stringent regarding all beer.
And the Kaf HaChaim9 writes on the words of the Rema: '"And so the practice is to be lenient in these countries" — that is, in the countries of Ashkenaz; but for the Sephardim it is forbidden, for they accepted the stringencies of the Shulchan Aruch; and so writes the Shulchan Gavoah there, that so we hold, in accordance with the ruling of the Shulchan Aruch. And so writes the Zivchei Tzedek, os 8, that we Sephardim have only the words of Maran z"l, and every kind of beer is forbidden — end of his words'. However, regarding other drinks he writes10: 'And the Zivchei Tzedek further writes there that so is the practice in the countries of Baghdad, may the Most High establish it, Amen: they drink kahve and tei in the houses of non-Jews, and no one opens his mouth or utters a sound — end of his words'.
> Thus, for Sephardim, who follow the view of the Mechaber, it is forbidden to drink any alcoholic drink at a non-Jew's (and there is room to be stringent also regarding drinking another significant drink, such as coffee). And for Ashkenazim it is permitted to drink at a non-Jew's beer that is not from dates; however, it is fitting to be stringent11 regarding all kinds of beer12.
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Notes:
1 Shulchan Aruch, Yoreh De'ah, siman 114, se'if 1 ↩
2 As is also evident from the words of the Mechaber below in se'if 3, who brought the permission regarding apple wine only because it is not common, and as the Pri Chadash (se'if katan 1) writes regarding the view of the Mechaber, and these are his words: 'The Rosh wrote .. that when they forbade beer they also forbade honey, except that in Bavel beer was more common — end quote. And according to this, even though only beer is mentioned in the Shas .., it is not specifically so, but rather the same applies to other drinks .. And the Mechaber followed the Rosh, who forbade honey, and also copied the words of the Rambam, who wrote that apple and pomegranate wine is permitted .. And to me it appears primary, as I wrote, that according to the view of the Rosh, all kinds of drinks entered under the decree'. However, see the words of the Maharil brought in the previous halacha ↩
3 Vol. 1, siman 9 ↩
4 Yoreh De'ah there, se'if 1 ↩
5 Vol. 2, siman 142 ↩
6 See the Pri Chadash, se'if katan 6, who writes: 'And according to this, one who is lenient regarding grain beer transgresses the words of the Sages, and it is fitting to rebuke him, for every kind of beer is forbidden'. And see also the Biur HaGra, se'if katan 8 ↩
7 Yoreh De'ah there ↩
8 Sha'ar HaOsios, Os HaKuf — Kedushas HaAchilah (1) ↩
9 Yoreh De'ah there, se'if katan 11 ↩
10 There, se'if katan 12 ↩
11 And see Chochmas Adam, Sha'ar Issur VeHeter, klal 66, se'if 14; Aruch HaShulchan there, se'if 11 ↩
12 And especially according to the words of the Gemara brought in halacha 1086 and ruled as halacha in se'if 2: 'In a place where Jews are accustomed to be lenient regarding the wine of idolaters, even the beer is forbidden'. However, the Taz and the Shach there disagree as to whether one should also forbid the beer of a non-Jew, and many poskim (see Pri Chadash, se'if katan 7, and Darkei Teshuvah, se'if katan 9) wrote that the primary view is like the Shach. Nevertheless, in a case where there are Jews who are lenient in drinking non-kosher drinks at a non-Jew's, one can compare it to this halacha, so that through being careful not to drink beer at a non-Jew's they will learn to be careful not to drink non-kosher drinks at a non-Jew's ↩
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