The Beracha & Kashrut of Wine | By Rav Mordechai Lebhar, Rosh Kollel Link LA and author of Sefer Magen Avot
Many people have adopted the custom to conduct a “Seder” on Tu BiShvat, which includes serving the fruits of Shiv’at HaMinim and new fruits as well as drinking four cups of wine. This custom is based on the Sefer Hemdat Yamim [1] which compiled this unique Seder Tu BiShvat and all of the various recitations that one would make before eating the fruits and drinking the wine. The day of Tu BiShvat is a perfect opportunity to review some of the fascinating questions that arise with regards to the Kashrut of wines, as well as other issues.
Diluted Wine, Then and Now
The Gemara in Bava Batra [2] discusses the status of water that is added to wine dregs (sediments). The Shulhan Aruch [3] cites the conclusion of the Gemara that as long as the dregs constitute at least 1/5th of the mixture, it is considered wine. The Rama comments that even if 1/7th of the mixture is wine it is still considered to be wine and its Beracha would be HaGefen.
The Kaf HaHayim and Hacham Ovadia Yosef זצ”ל take issue with this Rama. They contend that in earlier times wine was far more potent, and therefore even after adding 6 more parts of water it would still be considered wine. However, nowadays our wines are not as strong, and thus one would need at least more than half the result mixture to be original grape juice in order to be able to recite HaGefen [4]. Furthermore, Hacham Ben Zion Abba Shaul זצ”ל [5] suggests that with regards to grape juice – even if a minute amount of water was added – if it’s enough to dull its taste, it would lose the Beracha of HaGefen.
The Difference between Wine and Grape Juice
Indeed, Rav Shlomo Zalman Auerbach זצ”ל and others [6] suggest that the amounts discussed by the Shulhan Aruch and Rama would only apply to wine, but in the case of grape juice, no significant amount of water (even more than 10%) may be added. Rav Shlomo Zalman reasons that grape juice merits the Beracha of HaGefen only because of its potential to ferment and turn into wine (as we shall explain later on), and since the Beracha of HaGefen on grape juice is in itself a big Hiddush (novel concept) – we cannot expand it further to include diluted grape juice.
On the other hand, the Minhat Yitzhak [7] disagrees, and does not distinguish between wine and grape juice in this regard, concluding that as long as one seventh of the concentrate is grape juice (following the opinion of the Rama), the proper Beracha would be HaGefen.
This is especially relevant when one wishes to quench his thirst and dilutes grape juice with water to make it more palatable. As long as less than one seventh is grape juice, the Beracha of Sh’Hakol would surely be recited. If at least one seventh is grape juice, many opinions – such as Hacham Ovadia and the Ohr L’Tziyon – would still maintain the Beracha would be Sh’Hakol. According to all opinions however, if the mixture is more than ninety percent grape juice, then the proper Beracha would still remain HaGefen.
Grape Juice from Concentrate
Following his above logic, Rav Shlomo Zalman maintains that one should recite Sh’Hakol – not HaGefen – over grape juice made from concentrate, since it should technically be considered grape-juice flavored water, not grape juice. Similarly, Hacham Ovadia Yosef in Yehave Da’at [8] rules, that preferably one should not make a HaGefen over grape juice made from concentrate. The Minhat Yitzhak disagrees and treats grape juice like wine.
“Light” Grape Juice
This discussion is also relevant to “light” grape juice, which is – grape juice with added water. It would seem based on the aforementioned difference of opinions, that one should not recite HaGefen on these grape juices. Although with regards to regular grape juice, the Kedem brand is meticulous that it should be 100% pure with no water added, nevertheless, their “light” grape juice does have added water. Furthermore, many grape juice companies from Eretz Yisrael under the supervision of the Edah HaCharedit (the “Badatz”) add up to 50% water to their grape juices (even though some labels claim the grape juice is 100% natural [מיץ טבעי], that does not exclude the possibility that water has been added since water is also a natural additive). Carmel Mizrahi assures us that their grape juice is 100%, with no water added.
Additives in Today’s Wines: Sulfites
Many wineries add potassium meta bisulfates to their wine as a preservative. A possible question can be raised: how significant is the amount added? Can it render the wine unfit for human consumption? If so, even when the sulfites are eventually removed, has the wine lost its status of Birkat HaGefen?
Our investigation into this matter with leading wine-making experts reveals that the kosher wineries in America do not add a significant amount of this product to render the wine undrinkable, and thus it surely retains the Beracha of HaGefen.
Sulfites Added to Grape Juice
Nevertheless, one can raise the following question: once these sulfites are added to the wine, it can no longer ferment. Regarding wine, there should be no problem since it has already fermented. However – following Rav Shlomo Zalman’s logic, that only grape juice with the potential to ferment is considered wine – then grape juice with added sulfites would lose its status of HaGefen!
Rav Shlomo Zalman proves this assertion from the Gemara in Bava Batra [9] which states that one is permitted to squeeze the juice of a grape into a cup and recite Kiddush over it. The Aharonim grapple with this seemingly straightforward Halacha: isn’t the unique status of wine is primarily a function of its alcoholic component (due to fermentation)? This is clearly lacking in grape juice. If so, why is grape juice any different than any other fruit juice?
Clearly – Rav Shlomo Zalman suggests – the special status accorded to grape juice must lie in its potential to ferment and turn to wine, which is lacking in other fruit juices.
He notes, that this would seem to imply that there is no justification to make a HaGefen on pasteurized wine, which loses its potential to ferment! However, he rejects this notion, reasoning that since at one point in time the grape juice had that potential, it no longer loses its Beracha.
Accordingly, we can also reason, that even if enough sulfites were added to the grape juice that would prevent the fermentation process, nevertheless, since at one point in time there was a potential of fermentation, the Beracha of HaGefen remains intact.
However, Rav Tzvi Weber שליט”א, a leading Posek in Yerushalayim and member of the Badatz She’erit Yisrael, commented to the author that grape juice does not lose its potential of fermentation even after pasteurization, since if bacteria are once again added, it could theoretically ferment. This is not the case with sulfites, which permanently neutralize the grape juice so that it can never turn into wine. In his view, any grape juice which contains sulfites should be avoided. If one chooses organic grape juice one does not have to worry about sulfites.
Nevertheless, the generally accepted practice is to use grape juice which contains sulfites and recite HaGefen over it.
Tartaric Acid
Many wines contain tartaric acid, which is a derivative of wine sediments that is gathered on the walls of casks of aged wines. This process is very tedious and – for many years – has been only extracted from Setam Yeinam (wine made by a non-Jew), which is not kosher. The Shulhan Aruch discusses this ingredient in particular, which is subject to a dispute between Rebbenu Efraim and Rebbenu Tam [10]. The Shulhan Aruch [11] quotes the opinion of the Rashba that if this sediment became completely inedible, one can use this product.
Many Kashrut agencies rely on this opinion and use tartaric acid, derived from Setam Yeinam, in the wine-making process. This includes most Kashrut agencies outside of Israel as well as the supervision of R.A.D. Auerbach שליט”א, which oversees wineries such as Yarden and Ramat HaGolan. However, in recent years, kosher tartaric acid has been developed and has been adopted by many Mehadrin (stricter) supervisions in Israel [12].
Sources:
[1] נחלקו גדולי ישראל בתוקף סמכות ספר “חמדת ימים” אשר לא נודע מחברו. המקובל האלוקי הגר”י פתייה זצוק”ל מוכיח בספרו מנחת יהודה שמחבר הספר היה נתן העזתי שר”י חבר שבתי צבי שר”י שחיבר את הספר למשוך את לבות בנ”י אחר שקריו, וע”כ כתב שאין לסמוך על דבריו כלל. ועפ”ז השמיטו בסידור ‘עוד יוסף חי’ המבוסס על פסקי הבא”ח את כל התפילות שמקורם בס’ חמדת ימים וסדרו במקומם את היה”ר שחיבר האריז”ל. אמנם, במהדורה החדשה של הס’ חמדת ימים האריכו להוכיח דאינו כן, דהרי מובא שם שיחה שהיתה למחבר הספר עם האב של אחד מגורי האר”י, שחי הרבה לפני ש”צ. ועוד ראיה, שהרבה חכמי ישראל – כמו הבבא סאלי ועוד רבים – קבלו וחיבבו את הס’ חמדת ימים מאוד. [2] פ”ח ע”א [3] או”ח סי’ ר”ד ס”ה [4] ע”ע א”ר ופמ”ג סי’ ר”ח, והכה”ח סובר דהרמ”א איירי רק בשמרים, ורק לדעת השו”ע שתולה את דין ברכת בפה”ג בשיעור שמוזגין יין באותו מקום אז בזמננו צריך היין להיות יותר ממחצית התערובת. [5] אורל”צ ח”ב פ”כ סי”ח [6] מנחת שלמה ושבות יצחק (הל’ פסח), וכן דעת הגרי”ש אלישיב זצ”ל. [7] ח”ז סס”א וח”ח סי”ד [8] ח”ב סי’ ל”ה [9] שם [10] תוס’ ע”ז דף ל”ד [11] יו”ד סי’ קכ”ג [12] ע’ בית מאיר ביו”ד שם שחולק על מסקנת השו”ע ופוסק דלא כהרשב”א.
Pullout Quote:
Even though some labels claim the grape juice is 100% natural [מיץ טבעי], that does not exclude the possibility that water has been added…