Beer of Non-Jews
[1] (Halacha 1084)
Question: Is it permitted to drink sheichar [=beer] in a bar of non-Jews¹?
Answer: The Gemara in Maseches Avodah Zarah1 says: 'It was stated: For what reason did they forbid the sheichar of idolaters? Rami bar Chama said in the name of Rabbi Yitzchak: because of intermarriage. Rav Nachman said: because of uncovered liquid .. Rav Pappa — they would bring it out for him to the entrance of the shop and he would drink. Rav Achai — they would bring it to his house and he would drink. And both of them hold it is because of intermarriage; Rav Achai practiced an extra measure of distancing. Rav Shmuel bar Bisna happened to come to Marguan; they brought him wine and he did not drink, they brought him sheichar and he did not drink. Granted, wine — because of a concern that it may have come into contact [with forbidden wine]; sheichar — because of what? Because of the concern of a concern. Rav said: This sheichar of an Aramean is permitted, but Chiya my son should not drink of it. Whichever way you look at it: if it is permitted, it is permitted for everyone! If it is forbidden, it is forbidden for everyone! Rather, Rav held: it is because of uncovered liquid, and the bitterness of the hops goes and burns away its venom; and since he was afflicted with a skin condition, it would afflict him further, and Chiya my son, since he is afflicted, should not drink of it.'
> Thus we have seen in the words of the Gemara that drinking the sheichar of a non-Jew was forbidden, but the Amoraim disagreed about the reason for the prohibition: whether it is because of the concern of uncovered liquid (since it remains exposed without a cover and there is a concern of danger), or whether the reason is distancing from the non-Jew, so that they not come to intermarry with them. And in this itself they disagreed whether the prohibition on drinking the sheichar applies until one brings the sheichar to his house, or whether immediately when he leaves the entrance of the shop the sheichar is permitted to drink.
The nature of the prohibition
And regarding the time of the decree, where the Gemara wrote 'For what reason did they forbid the sheichar of idolaters', Tosafos wrote: 'We do not find the prohibition of sheichar either in the Mishnah or in a Baraisa, and perhaps they forbade it in the days of the Amoraim'.
And the Ramban wrote: 'And in the commentaries of the French sages I found that regarding sheichar, the earlier ones never forbade it, but the later ones treated it with the concern of intermarriage; and it appears that for this reason they are lenient with it, since it was not forbidden by a Beis Din. And it is possible that this is the wording in some versions: "For what reason did they say that the sheichar of non-Jews is forbidden", and they do not have "For what reason did they forbid the sheichar of non-Jews".'
And the Meiri wrote: 'And with sheichar they were lenient in all respects, and even its prohibition was not included in a decree, but was rather a custom of holy ones for an extra measure of distancing. And this is why they said "For what reason did they say that the sheichar of non-Jews is forbidden" and did not say "For what reason did they decree", etc., for it was not included in the two decrees; and we do not find its prohibition in the Mishnah, because its matter is not so common, and closeness is not commonly brought about by it, and people do not invite one another over it.'
The place of the prohibition
And as halacha, the Rambam wrote2: 'One may not drink their sheichar that they make from dates, figs and the like, and it is forbidden only in the place where it is sold, but if he brought the sheichar to his house and drank it there, it is permitted, for the essence of the decree is lest he dine with him.'
And the Radbaz wrote: 'And our master wrote only that of Rav Achai, because of an extra measure of distancing'. And so wrote the Beis Yosef3: 'He adopted the words of Rav Achai and not those of Rav Pappa, even though he is the later one and more of a master of the Talmud than Rav Achai, in order to distance oneself from matters of the non-Jews'4.
However, there are Rishonim who were lenient in accordance with the words of Rav Pappa5, as the Smag wrote6: 'The sheichar of non-Jews is forbidden to drink in the house of the non-Jew because of the decree concerning intermarriage, for Rav Pappa — they [would bring] it out for him to the entrance of the shop'.
And the Rashba7 wrote that the primary view follows Rav Pappa, but that it is worthwhile to be stringent like Rav Achai: 'Even if they brought it out for him to the entrance of the shop of the idolater where he sells the sheichar, it is permitted, for we learn in Perek Ein Ma'amidin: It was stated: For what reason did they say that the sheichar of idolaters is forbidden? Rami bar Abba said in the name of Rabbi Yitzchak: because of intermarriage. Rav Pappa — they would bring it out for him to the entrance of the shop and he would drink. Rav Acha of Difti — they would bring it to his house and he would drink. And both of them hold it is because of intermarriage, but the master practiced a much greater measure of distancing. And in any event it is more lenient than other things that they decreed upon because of intermarriage, such as bread and cooked foods, for as we said, those are forbidden even if they bring them to a Jew inside his house. And the reason is as we said: intermarriage is not so relevant to it, for people do not invite one another over it, and there is not so much closeness of mind; and Beis Din also did not decree upon it, but rather holy Jews said that they would treat it as forbidden in the houses of idolaters, as an extra measure of distancing from their daughters. And this is why we say "For what reason did they say that the sheichar of idolaters is forbidden" and they did not say "For what reason did they decree upon the sheichar of the idolater". Therefore a ba'al nefesh should practice a greater measure of distancing with it, not to drink it at the entrance of their shop until he brings it into his own domain, like Rav Acha. However, the halacha follows Rav Pappa, that they bring it out to the entrance of the shop and he drinks, for in all matters of Rabbinic law the halacha follows the lenient view'.
And these are the words of the Meiri: 'And because of this they forbade it only in the house of the non-Jew, but outside his house, even if he was a shopkeeper and brought it out before the entrance to sell, it is permitted. And nevertheless, the pious among the sages of the Talmud would refrain from drinking it except in the house of a Jew; and in these times people do not refrain from them at all, except in a case where there is concern of an admixture of wine, and even this only in a quantity that imparts taste. And with the other things they were more lenient than with wine, and more stringent than with sheichar, to forbid them even outside his house, as will be explained. And in a place where there are Jews suspected regarding their wine, even their sheichar is forbidden; since they are Jews, it will readily lead to being drawn after their wine.'
As halacha, the Mechaber wrote8 in accordance with the words of the Rambam: 'And it is forbidden only in the place where it is sold, but if he brought the sheichar to his house and drinks it there, it is permitted, for the essence of the decree is lest he dine with him.'
And in the Shulchan Gavoah he wrote9: '.. And our master ruled for us without qualification in accordance with the words of the Rambam, for such is his way, to rule without qualification like him .. Even according to the Rambam this is only to practice an extra measure of distancing, but by the letter of the law, even before the entrance it is permitted, like Rav Pappa'.
And the Pri Chadash10 decided in accordance with the Smag: 'If he brought the sheichar to his house — and even if they bring it to him at the entrance of the shop and he drinks it, it is permitted, as is evident in the Gemara, and this is the primary view, unlike the ruling of the Mechaber z"l.'
In the next halacha we will see what sheichar is forbidden, and further details of this law.
Notes:
1 What follows concerns only the drinking of the sheichar itself, once we know that the sheichar itself has no kashrus problems in its ingredients and the like; and likewise we are not discussing the very act of drinking in a place that is not fitting l'chatchila for a G-d-fearing person, or concerns of mar'is ayin and the like ↩
2 31b ↩
3 Hilchos Ma'achalos Asuros, chapter 17, halacha 10 ↩
4 Yoreh De'ah, siman 114 [and see the wording in the Kesef Mishneh] ↩
5 And see Knesses HaGedolah, Hagahos Beis Yosef, siman 114, se'if katan 4 ↩
6 See Piskei HaRiaz, Avodah Zarah, chapter 2, halacha 2, os 24. Ra'avan, siman 297 ↩
7 Lavin 148; 57a ↩
8 Toras HaBayis HaAroch, Bayis 5, Sha'ar 1, 40b ↩
9 Yoreh De'ah, siman 114, se'if 1 ↩
10 Se'if katan 5 and se'if katan 6 ↩
11 Se'if katan 3 ↩
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