Don’t Touch My Wine!

The topic of the last several raid bites has been the laws of Yayin. Stam Yayinam, Yayin Nesach, Yayin She Ishtalchu Lagav Uvechavim. This has been the noseh. First raid bite was an introduction to Stam Yayinam Bizmanaze and the very strange minag that seemed to have been rampant in Marin in Moravia with the Yidden that were being nichshal in Stam Yayinam D'Rabanan or D'Oraisa. It was a sense of chiyuv. Went through the background through it based on Toisfos on Avodah Zarah Dof Nun Zayin Amud Aleph Chaim Soloveitchik's thesis. That was the first raid. The second raid bite was the Italian Jews and their wine. So, what was a little bit of an issue in Moravia was a very, very big problem when it came to Italy. And we went through that in Yayin a little bit. The third raid bite, we spoke about a Yid that's a mumar. Chal Shabbos, Parhesia. Who we know in Hilchos Shchita in Yoreh De'ah Siman Bet is treated like Oved Kochavim. What about as it relates to Stam Yayinam? Yes, the man on the street is going to tell you, of course it's a problem. And the truth is, Beis Yosef brings it, and the Darkei Moshe brings it, and the Nekudas Keseph brings it. But astonishingly, the Machaber, Rama, and the Shach don't bring it. We spoke a little bit about that. The fourth raid bite was the history of Stam Yayinam, the timeline. Which again, if you ask the man on the street, he'll tell you, "What do you mean it's from the Torah?" It's from the Talmudim of Shammai and Hillel. And that's a pretty good answer. And I've seen that quoted everywhere. But really, when you learn through the Gemara in Avodah Zarah Dof Lamed Vav, what you see is that there was a machlokes between Rava and Shmuel. Could be it goes back to the times of Daniel. And it appears to Rabbi Eliezer based on which pshat in the Ramban. You know, with the Zarah Lamed Vav on which you want to work with. It could be it goes all the way back to Pinchas. And Pinchas didn't just make it with a cheirem. And the Beis Din Haelyon and the Beis Din HaTachton and the Shem Hamiforash and the Kesav and the Luchos. There's a lot >> But those were the rebates that we've spoken to up until this point. I think as it relates to today it's good to talk a little bit about and I'm using this word very very very very loosely the and the reason I'm saying I'm using the word loosely because everything that we're doing now is very much not but just from a more practical standpoint understanding the basic as it relates to your practical questions of the any touching your wine opening the wine pouring the wine how it manifests and again the of the ratio of the and the safer is that this is 100% not these are very complicated now in these complicated the area of and taken it upon themselves almost illogically and irrationally to be matter and it's rooted in so obviously obviously to go and to make cow of something that takes upon themselves with an incredible stringency would be something that would be a terrible terrible thing to do so what we're doing we're going through the we went through the and we're just going to talk through a little bit of and I'll just speak for myself I think what we're going to arrive at at the end of this is actually going to be quite eye opening so I I just want to begin with a story this was a nice but they did have a I was a guest at this party it was a uh and had brought with him a very expensive bottle of wine in fact it was a 9 L 2010 Napa Valley Reserve you can look it up this is a very very expensive bottle of wine and he the wine in the kitchen and there was a person, a member of the staff, who was a yid, and he went and he opened up the bottle of wine. Now, the mashgiach saw that this yid, who was part of the kitchen staff, was smoking on Shabbos. He saw him smoking. He saw him smoking. And because he saw him smoking and it was being done in somewhat of a farhesia, he held the yid as a din of a mechallel Shabbos b'farhesia. So, he went, he didn't ask any questions, he took the bottle of wine and he poured it down the drain. And there went that very, very expensive bottle of wine. He went over to the ba'al simcha afterwards, he told him what happened, and we'll get to that part of it at the end of our story. Here's the question. Was that something that the mashgiach had to do? Was that not something that the mashgiach had to do? Mechallel Shabbos b'farhesia, opened up the bottle of wine, he poured it down the drain. This was l'cholle de'as, a hefseida meruba. And the shaila is, was that something that had to be done or was that not something that had to be done? At first glance, I think if you ask the man in the street, he's going to say it's easy. How do you even know what the shaila is? We know there's a Beis Yosef that the Darkei Moshe who brings the Kessef ha Mishneh, the Tur, the Shulchan Aruch, the Rashba that brought from Rabbeinu Yonah the Chachmei Tzarfas that said m'foresh that a mechallel Shabbos b'farhesia is dinoy k'oveid k'choveid m'challel Shabbos b'farhesia. And we know there's a little bit of a koach d'heteira. We spoke about that in the previous rate, but that's not the ikkar halacha. The ikkar halacha is that for sure, this is something that's an issue. If you went ahead and he opened the wine and he poured the wine, so l'chairo, what is even the shaila? So, at first glance, l'chairo, what the mashgiach did was 100% right. Stating that, I think it's kidai to go shaila, to take a few steps back and look at the sugiyos that we've been learning for the last few weeks a little bit from a halacha l'ma'aseh perspective. So, I want to go through a few shailos here. Shaila number one. You have a bottle of wine. It's not b'foreshul, it's open. And an Indian hoodie, the comes to the shabbos table and she wants to pick up the bottle of wine, she touches it and she's about to pick it up you say, "No, no, no, don't touch it. Don't touch it." But she touched it already, but she didn't pick it up. It's sitting right there on the table. Are you allowed to drink from that wine? Are you not allowed to drink from that wine? La halacha. I don't mean the shla the chuma. La halacha. Are you allowed to drink from that wine or not allowed to drink from that wine? Or better, what would be if she even picked it up? She even picked it up. She lifted it and you right away you threw something. Now you don't No, no, no, don't don't don't. She quickly put it back down. Would you be allowed to drink from that wine or not? It's in hilchos yayin nesech obviously. The machaber says not a kli shel yayin. If a took a kli that has wine inside. And lifted it. And a little bit of wine came out. Even if he wasn't meshakshekh, right? We know what that means. He didn't shuckle it. Nessar, it's going to be ossur shari b'yayin because any wine that came out came about as a result of the shiksuk. Higbiha v'lo shiksuk, but what would be if the lifted the wine and was not meshakshekh the wine? V'lo naga, and never touched the wine itself. Muttar d'halacha, it's going to be muttar. So the machaber says if the picks up an open bottle of wine, v'lo shiksuk, v'lo naga, and didn't touch the actual wine, muttar. Says the Rama, kasha gain. If that's true, it goes without saying that if all the did was touch the bottle of wine, but never even lifted it, for sure going to be muttar. What's going on over here? I thought if a touches wine, it's a problem. Did I miss something? Shiksuk, shiksuk, yeah, I know that's a big deal. Maybe it impacts touches wine, it's ossur. What am I missing? The answer is, when we say, this might come as news, that when a touches wine, he makes the wine also means when he touches the wine. You physically have to touch the wine. The didn't touch the wine. All he did was he touched the bottle. In the case he lifted it. The same case of the it's a whole set of problems. In the case he didn't even lift it. But the bottom line is if a touches a bottle of wine, he didn't touch the wine. He touched the bottle of wine and merely touching the bottle of wine that in and of itself does not make the wine this is a case the and the both agree this is not negotiable it's not debatable. If a person is this case from a perspective is now obviously if he's being because of the then forget it. Probably all of but from a pure perspective it's not a question. It's this and the this is without a doubt going to be Next case. What if the comes to the table and there's a bottle wine. The wine was corked. So you open up the wine, you drink 2/3 of it and you put the cork in. You save it for the next and then also the comes and she takes the wine and she picks it up and she's bringing it into the kitchen. Are you allowed to drink from that wine? You know that I drink from that wine. What's the often again not debatable stuff. This is in This is in this is in previous this is in if a carried a what's a so we know this from the a means a leather flask that's closed so if it's closed and the carried it in so I be annoyed be annoyed then I annoyed I moved the this is but I feel I am not need and even if the wine is jumping all over the place, it's still motor because ain't there nice because if the guy takes the wine and the wine is covered, ain't there nice doesn't matter what the guy did with the wine in every situation the is that it's going to be more than the car by the way is that somehow I have to remember it was behind the guy and he was carrying the wine and it was Molly was open was closed. But actually said that if it's closed been been doesn't matter if it's ain't there nice and if she said it it's probably the and sure enough the past tense it. So if the wine is closed that means and I just to be clear it doesn't matter if it was never open or if you opened it and now you put the cork back inside as long as right now it's not an open bottle of wine. That was the only thing that mattered in that come on. As long as right now it's not an open bottle of wine, it's a that ain't there nice and the is you would be allowed to drink this wine. Often I often it's not even a question. Now the one caveat you'd have to be aware of and we'll get to this later is you just have to make sure that the guy when you weren't looking took the cork from or didn't take the cork removed it and then did a little bit of a so you have to be sensitive to that which is a general disclaimer whenever you talk about this and that will get to. So just not to take the case somebody only hears these 30 seconds of the rate but you have to be sensitive to that but in terms of the guy carrying the bottle of wine with the cork inside of it nothing happened and as a result this too is something that's going to be more than the guy. Now this is where it gets interesting. What would be if the same any of you would be the would go and take the bottle of wine from the table bring it into the kitchen but the cork was not inside. It was uncorked. The bottle was an open bottle. What would be the then? Would it be mutar then? Or would it be assur then? Now, here you would think it's a little more tricky. And the reason it's a little tricky is now you don't have this part of indirect and it's very you're talking that as the guy is moving along with this bottle of wine it was shaken a little bit and there's always a maybe you should right now you have to be a little bit more careful. So because now you have to be more careful, right? Maybe you should put your finger in the way you don't know what happened. But the bottom line is now already that the bottle was open. So now there's more that you would have to be for. So we here it gets a little bit more interesting. So for this we have to know another and this is in it's the says like this. A behind I'll you do so again. A behind a who touches wine I'll you do not making direct contact but through a a behind a behind The example is not going to go through the example. It's a long example. But his example is like someone's holding a and the goes into the wine, right? Sounds familiar? So if there was a behind a behind and it happened so way behind a behind. That was the story where the person went up to get the and on his way down he accidentally put the into the wine. So what's the I'm skipping mutar I'll feel the the is it's going to be mutar. So if a touches wine but this number one it's a behind a behind number two it's a behind a behind. The is it's going to be mutar okay sounds good. What's that to do with us? And he says a he says it was nowadays the behind a behind a behind with the behind a behind a behind call my behind a behind a behind a behind every time a touches wine it's considered now first glance you're going to say wow I'm taken aback by this but it's so obvious we knew this already. So this is the she taught in the first in we are the what are the say that this man all the based on the Rashi that today we're not right flick of a wrist this not something that happens anymore and it's for that reason we could treat the going as a teeny tiny when a teeny tiny touches wine it should be all to those the most who is that love so they have a day of water of a teeny tiny so call my going make sure I says the not going to be if a guy would touch the wine today this man all the day even though that he knows that it's wine the key they and yet all the intention in the world the guy has it's one everyone has everything more I feel the it's going to be more to drink the mega day of a hacker so because even if it's it's considered if it has a dinner it's more to say the same will be true even if he touches it in his with his hand but I have a smile if he didn't have in mind to touch it I just want to say again these are permutations we're not going to get into right now it's going to be more and then the says and then we have to we have to keep this amongst friends the aim of a double says the but just don't let everybody know about this the asking again unbelievable but what but again we knew this and that is that this man every time I go touches one it's considered so they're all basically telling you that go through the and see whenever there's a clue because something happens you could apply to this so Maggie go be all you day so today if I go touches one that is that it's going to be more so the new to be And it's also a true verb Oh, and by the way, the task as well in the end of Simen Kuf Kuf Hey says the same thing as well. All the good of him said if that's the case, it would come back. That was my answer. If a guy would pick up an open bottle of wine and would mash with it, dance with it, do whatever the guy wants to do with it. The law is he'd be allowed to drink the wine. And the reason he'd be allowed to drink the wine is because being that magga every time you hold the wine via its bottle, it's considered magga you did the right thing. And if that's the case, it doesn't matter what the guy did with the bottle. The law is it's going to be a motor. Only a beautiful finish. I was always up to the Buddha. I was always up to Vega and they both say that really is a task. Now, really it's a task. Why do they have to both say it's really a task? Cuz the task is tucked away. The task is not often heard. It's in Simen Kuf Kuf Hey. Simen Kuf Yud Hey, it's really a kind of way. And that's what the dog often needed to tell you. By the way, you may not have seen this task because it's somewhere else. So, this is coming from somewhere else. So, it's for that reason I need to point out to you that you should know this task out task. But, you're ready for this finish again? If a guy touches an open bottle of wine and mash the wine it's considered magga you did the right thing. touching the back book as opposed to the actual wine. And the good good of him all said that if that's the case behind God's it's going to be a motor. Now, that was like this. The reason of and the dog spoke to say We just read it out there. I'm sorry. We just read kuf we spoke out with they spoke seven the reason they spoke 17 earlier is because if you go through the there it looks a little bit like that's not the case. What's going on over there is the brings a big if a guy is without lifting it. So the guy did not lift the wine but he was the wine is that considered big we shine them. The mask like it's between the this comes out with my soul. So the is like this the many they hold the clay. The way that if someone is without lifting it people are made for. So if there's you don't have to be so today if the guy would come while it's on the table and be sure. You know break the noise of the hood. The saying that in that case when you were sure by the ball. In the market center. The so why we even talking about this says the you have to say that is talking about the man of the house. The man was talking about back in the day. When the way they you know you have a guy who was a fighter going to the zone. So there that's what we need but this disclaimer. Then this whole and sign is a new point. Because now it's my girl. But I'll come upon him as I stated in the hood. Sign is a dog in the river. Sign as I stated in the Vegas. And really it's in that it's going to be more. Now there's one very critical caveat. That is the shark on that walker. The shark says that although. the Rama said that it's not a problem you can be mekol in this instance, but at the same time he said, "I heard from all my rebbeim that they all said you can only be someach on this Rama the Makom Sadeh. So, if there's a Sadeh you can be someach on this Rama, but if there's no Sadeh you can't be someach on this Rama. So, the Makom Sadeh you can rely on, but if there's no Sadeh not. Now, to be clear, the Shach doesn't say the Makom Hefsek Meruba. He says the Makom Sadeh. What does it mean the Makom Sadeh? So, I actually had a conversation this morning with a close yedid of mine who is very chashuv posek, and he told me that Sadeh pashtus means that if it happened already and now you're going to have to pour out the wine, well, now it's a Sadeh. Hefsek Meruba means it has to be a dollar amount. But, to the extent that it's just a Sadeh, it is a Sadeh, right? You would have to be Sadeh. You can't go l'chatchila and tell the to go ahead and do something that you're relying on this Rama. But, the bottom line is that as long as there's a Sadeh, which usually means b'dieved. If it happened already, now it's Sadeh, because what's the alternative? Flush down the toilet? Well, that's Sadeh. And as a result, Al Kol Panim b'Makom Sadeh it's a Sadeh. With the Shach says that this Halacha is of course going to be the way it is. So, again, if a touches the wine, that's uh that's enough in Halacha. That's Kuf Chaf Daled. Yotzei'in. Kol Sh'kein the Rama says, it's going to be mutar. If the lifted it and just put it back down, that's also for sure going to be mutar. Even when it's open, doesn't matter. That's just magi in and of itself, isn't a problem. The moved it where it was corked, oh, that's Halacha in Kuf Chaf Hey, Sif Tes. Rav Ashi, Ein Derech Nisuch b'Kach. In that case also it's something that's going to be 100% mutar. If the moved it where it was uncorked, so now already we're fellas in zich on a Rama, which is a Rama, right? It's Moshe Emes v'Yisrael Emes. It's the Rama, and it's based on the understanding of the Yehudah and the Taz in Magen Avraham from the last several hundred years. We are the Machon say that that's the caveat of the Shach. The halacha is this is something that's going to be mutar. Okay, so we know what the halacha is. Next shaila. What would be if the now goes and pours the wine? Now it's getting interesting, right? What would be if the pours the wine? Does that change anything? The answer is like this. What is the makor to the idea that if a pours wine, it's a problem? It's halacha l'maaseh. It's in Siman Aleph. Not kli shel yayin. If a took a keli of wine and lifted it and poured the wine, even if he didn't do the infamous shishuch, l'maaseh the halacha is the wine's going to be assur shari yayin because the wine is coming and even what's left in the bottle assur. Gam shom nitzuk that's going to be assur because of the fact that it connects to the more coming up in the next few days. We'll see more about that. But the bottom line is is this is what the Machaber says. That if a pours wine, it's a problem. We know this from the Gemara. Right? It was a shaila in the Gemara. What about But it's going to be a problem. Says the Machaber if shalay b'kavana. What would be if he did it, he poured the wine but it was shalay b'kavana. Shalay yada shahu yayin. He didn't know it was wine. I call it mutar b'shita. The halacha is going to be mutar b'shita. The Machaber over here when he brought the halacha of pouring wine, he threw in those infamous words. He said if it's shalay b'kavana, then the halacha is that it's going to be mutar b'shita. Says the Shach, if that's true, that where it's shalay b'kavana, the halacha is it's going to be mutar, so we have to now sue the Rama in Aleph with where the Rama said it was mutar and said the had the wine. well if that's the case if a is mana says going to go ahead and he is going to pour so then the is then it's the then it's the going to be motor and the reason it's going to be motor is because today it's the says that if it's going to be and says the 100% is the and he says that has to be the He says cuz in the we're not learning the in the is is considered less than you did that's what and if the spoke it out when he was talking about where if it happens going to come and it's going to be when it comes to because is less says is less says the says the says the says then my day and my day it's with then what I did over here when it comes to this it's going to have to be as well but the bottom line is staying there if you take a look at the says and this is in cinnamon again throwing out all these even though it's a big mush but this is going back to where that original was says the task nearly because of even though the most said you could be making when it comes to that but when it comes to but when it comes to then it's going to be after that one speak out the one of the task for a minute the cuz the wrote with regards to this that the is if a pours wine it's awesome now the in the beginning of the 11th he wrote a rule he said wherever I say something is assur, that means for an over avodah zarah it's assur b'hana'ah. And if someone's not an over avodah zarah, like a Yishmaeli or a ger toshav, if someone's not an over avodah zarah, then it's going to be assur b'shtei yad." Says the Taz, "The Rambam said here assur." And the Rambam gave us a rule, the shishi. What does assur mean? If you're an over avodah zarah it's assur b'hana'ah, and if you're not an over avodah zarah it's only going to be assur b'shtei yad. b'zman hazeh can't be any better than a ger toshav, than a Yishmaeli that are k'khetzan avodah zarah. And if even here what's the halacha, it's assur b'shtei yad. So so too here it's going to have to be assur b'shtei yad. So says the says the Taz, "That even though the Rambam spoke out with regards to magaal yedei davar acher, that the halacha is that it's going to be mutar b'zman hazeh because it's always going to be considered sh'lo b'kavana. But when it comes to pouring, there it's different. Am I right or is the Rambam?" Because the Rambam says pouring is assur. And the Rambam told us what assur means. Assur means assur b'hana'ah for an over avodah zarah, and it means assur b'shtei yad upon him for someone that's not an over avodah zarah. So how could b'zman hazeh be any better than a a Yishmaeli or a ger toshav where the Rambam says m'forash assur b'shtei yad. So says the Taz it's going to be assur b'shtei yad. Zoch ram k'vei agra his ago is "Who tamua?" He says this whole thing this whole Taz to me is a pli'ah t'muna. I mamash have no avana in this Taz. He says, "Why?" He says "K'damas is like this." Now this is a rule, I'm just throwing it out there. This is a rule. The rule is in the sugyas of yayin nesech, that whenever Chazal said something about an over avodah zarah, when it comes to a that's not an over avodah zarah, you do an achrayus d'arga. This is an idea that permeates all these halachas. So if you have a halacha, whatever it is, but again, over avodah zarah, he does this it's assur b'shtei yad assur b'hana'ah. So if you're not an over avodah zarah, you're an achrayus d'arga. So k'vei agra that's pashut. That the reason the Rambam said that the halacha is a Yishmaeli or a ger toshav, a that's not an over avodah zarah, if he wants to drink from this wine it's going to be assur b'shtei yad. It's because he held that when a pours wine it's assur b'hana'ah. And being that it's also bad, when it comes to the aim over avodah only going to be also bad. He said it's okay to take a pass cuz not that way. So pass kids that even if a guy pours cuz less than bad guy and as a result it's only going to be also bad. If it's only going to be also bad then that guy's going to be that it's going to be more than so says the guy that says from the bottom of the line as well as that it's going to be also from the bottom of the line cuz the opposite because the bottom of the line is the bottom of the line where pouring is always also bad so the bottom of the line but the bottom of the line knew that a regular pouring is also not bad then the bottom of the line is more than and says the bottom of the line cuz it's before again It's all over the place. The bottom of the line is the bottom of the line cuz the bottom of the line is the bottom of the line so the bottom of the line but the bottom of the line will be also bad and the bottom of the line is the bottom of the line based on this but the bottom line is the bottom line is when it comes to pouring when it comes to pouring what's the bottom line of it According to the bottom of the line and the bottom of the line right just you have to take in the names for a second. According to the bottom of the line the bottom of the line is it's basically the bottom of the line so the bottom of the line which is like the bottom of the line so the bottom of the line but the bottom of the line is not bad Every time a guy touches he's a bottom of the line considered the bottom of the line so it's going to be more than that the bottom of the line gave us a huge it says it's only the bottom of the line it's going to be more than that but the guy poured the glass of wine then the bottom of the line but the bottom of the the line This is something that's going to be more than saying that the bottom of the line is not that way the bottom of the line is going to be it's not me on the bottom of the line so the bottom of the line and the bottom of the line that's the bottom of the line so if a guy pours the wine, I mean, you think it's the worst thing in the world. But, according to the mother, according to says that the task is all him. You would think that probably like the guy would probably on the task. Right? You have to know the usual the task is always but the bottom line is so this is tremendous over here. The half said if the guy went ahead and actually pour the wine. What if the guy opened the bottle of wine? That's the guy opened it. He opened the bottle of wine. I don't think that changes anything. And but even if it was it doesn't really matter cuz it's and maybe everybody says that it's going to It's going to be this is a huge huge cooler. Basically what we're saying is is that and it's a it's a one. Right? This one was not answered by the way. It's a okay. We have to keep it amongst ourselves. You can't be but anytime today a guy touches wine it's considered so any cooler that you find in by you can apply it to a greater matter. So, if you touches the bottle that's the you can be this way you can juggle it. It doesn't matter. It's going to be more. If he pours it that's I did that to my contest. That's not as simple. But, the bottom line is you would think you know in a situation like this what would come out is it'd be a more right? Very very very more more. Just to bring out the point with one over. The in the in English and this is in your day it's this is the question that was asked that there's a catering hall. They have milk sorry but they have waiters. And the waiters are in the hood. And the whole wants to serve wine in a it's a problem right? Cuz the guy might not go they're going to pour the wine. Obviously you can't do that. The question is is there an eighth of them to wear gloves? That's the question. Could they wear gloves? And if the waiters are going to wear gloves, right? And the question is, the glove would make an iggy out of you data of a rack. I thought and if it makes an iggy out of you data of a rack, so then you can be make a base on the moment of this is what the show you asked for motion. So the first thing he said is, gloves is not over a rack. Gloves, if you want to view it from a perspective, would fall into the category of it's a so my hand is not touching the bottle, but that's not over a rack. Over a rack means I'm not making direct contact. He says gloves doesn't make it over a rack, that's it so and since you don't find anyone who say that makes a difference. He said never found that a lot. But all the good stuff is not 600 it's not such a lot, right? We can take that to the bank. So says I don't know anywhere where there's such an idea of a glove is so to show two gloves to the over a rack and no but then he says like this like it's a very simple read every word here. The way the cup is more than Okay, it's a lot of days and the over there is right in front of us in the middle of the story I feel like I'm happy even if you don't have even if you have a little bit of a lot of according to the the game is not over who considers the game is not over cuz you can't win in the game over the culture can't be the shots that I am shot. Well, if that's the case is it's more than then it would be more than to be matter even without gloves. Me you you using gloves for what? Can turn this into an Iguy did a Anyways an Iguy did a the bottle makes it an Iguy did a learn all the poison. The bottle make this into an Iguy did a so for sure that's not the problem. The gloves is nothing. Else the bottle that's Iguy did a but number one the wrote in I was not to go out. So I know that after the moment that's the easiest you could only be so this has been changed so this is something you'd be able to invoke right here that if it happened that it should not what happened already you can have to and now if you going to say everyone has to pour out their wine there's going to be a out of the issue that the you can't apply what the already said it's only after the moment means you did it already it's after the fact but the do it that's not the that's going to be okay. And then he said besides over here it would be I think even the cuz you need some level of right you can't just assume that the guy is doing everything that right he's not touching he's not this he's not that you have to make sure. So you have to have some level of what's the so you're going to you're in the you'd say it's a whole another component to this. You're you don't go away for too long a period of time like regular type stuff. There has to be I mean you got to know that he's not going to touch the wine and you have to be a you don't go away for a month. Right so as long as less than So as long as you're some level of of so that would that would be enough. He said but you're at everyone's busy partying and no one's paying attention to the waiters if he's being not being if he's touching it with his and as a result this is anyways going to be an issue. But invoke the that's what I'm taking out of this. But invoke the he said you want to know about the again I don't know if this is was asked this this can I be so the it's it's right it wasn't asked it but he said it. I didn't This is something that he laid out. But the bottom line is, let's make a little bit of a comma of what we have here. I think going into the sugiya, we thought that if a looks at our wine in the wrong way, we're dead. And the truth is, yesh v'lo yesh. Yesh v'lo yesh. Yesh v'lo yesh is based on the Shulchan Aruch, based on the safer that was written by the great mekubal Nassan on Shapiro, which quotes Zohar after Zohar. It talks about the wine of Yayin Nesekh. Right? We always talk about it in the rabbinic literature. Tam nigleh, tam nistar. Here, the tam nistar is uh mamash a ben nosh of tam nistar. It's It's It's more prevalent than it ordinarily is. So, there's no question that there's that whole dimension. But from a pure halakhic perspective, let's see what we have. If a touches the bottle, it's open. He touched it. It's nothing. It's muttar l'chatchilah or shai v'lo shai. Lifts it and puts it back down, it's muttar l'chatchilah. The takes it, moves it, dances with it, but it's covered in there b'kakh. It's corked. Not shai, it wasn't shai. Never opened it, we're not even having this conversation. It was open, and the cork is inside it right now. I feel the halakhah is there's no question it's going to be muttar. What if the walked with it, moved it, and it was open? So, you have the Rama. It's considered makah. Al y'dei d'var acher, shai v'lo shai. If the was m'shakshekh it, the halakhah is as long as it's b'makom hefsed, which b'di'eved usually would get you. If it happened, it happened already. You don't ask the to do it. That's awesome. Gam. But if it happened already, so now it's b'di'eved. You could be some of them is makom to be makeil, without a question. You can rely on the Rama, on the Shakh, right? That's where you're being some of them. And Rav Akiva Eiger d'var acher and the Y'hudah Shai v'lo shai l'shma. If the went ahead and poured it, so this is a drop trick. You have the Machoikef between the Taz and the Shakh. But again, there's makom makom hefsed based on the Shakh and Rav Akiva Eiger. He brings it in the T'shuvah. He invoked it. I mean, he didn't use it l'ma'aseh, but he certainly invoked it. And Rav Moshe was willing to hear the Shakh. Obviously, he quoted it. So, in theory, that Shach is not a good because the dots is not the way you hear the Shach. So, there's without a question again, we're trying to focus on the Shulchan Aruch. There's no Shach in the world that that there is a Shach. Again, there's a lot more cases, but this is just like a little bit of a smorgasbord, pun intended, of halachas as it relates to this. Let's go back to our story. It was a Shabbat shabbaton, an expensive bottle of wine. It was opened up by a a Yid that was being mechallel Shabbat b'farhesia. And the mashgiach saw it and he said there's no way in the world that we can serve this wine. He went ahead and he poured the wine out. Was that so possible what the mashgiach did? I don't think it was so possible at all. Of course it wasn't so possible. Let me buy it for a would have done it. It's not so possible that it would have been a problem. And the reason it's not so possible it would have been a problem is because of the fact that we have a ramot to be somecha. A ramot can have said it could be somecha in the ramot. Kal v'chomer when you're dealing with a 2010 Napa Valley Reserve. This is hefsek merubah l'chol hadayot. No question in the world. So, based on that it's hefsek merubah. And if hefsek merubah you could be meikel. But it's even more than that. The reason it's even more than that is because here we're not even dealing with a You're dealing with a mechallel Shabbat b'farhesia. And that's clearly in the Sugya that a mechallel Shabbat b'farhesia to treat him like a is not possible at all. Because for that we have all the chiddushim that were written by the Daas Yisrael starting from the Orach L'Tzaddik to Rav Yehuda Assad to Rav Mordechai Shvadron and the Maharsham and Rav Ovadia Yosef's chiddushim that we spoke of. And we have all the heterim and the kulot that they brought Moshe who said that it doesn't even sound like that was brought down in the Shulchan Aruch. It was more of some minyan. Again, not to be somecha l'chatchila, but that you want to know b'makom hefsed merubah where you anyways have this ramot to be somecha. So, l'chatchila there's no question in the world that b'etzem you would have thought that this is something that you should be meikel. Again, there's makom l'hakeil. Stating that this is what the mashgiach did. When I was talking to my friend, the the poisek, this morning. I asked him what would he have said in a in a situation like this. He said, "This is like this. The emes is this is a little tricky. And the reason it's a little bit tricky is, number one, this is the first thing he said, this is why you have to be a poisek. He said, 'How do you know there was there were no svara in the audience that are not from the Rama?' This only works if you follow the Rama. If you're a if you're a you're out of business. You can't use this. The whole cool is the Rama. Based on the over. So, he says, 'How do you know you're going to go ahead and you're going to support it? You're pouring it to someone that goes based on the doesn't go based on the Rama.' So, if it doesn't go based on the Rama, you know every person in the audience is a Rama. So, based on that you that and if it solves a problem. He said, 'Not just that, there's a sensitivity over it. There's a sensitivity. You're doing if it's serving it to a rabbit. Maybe I as a don't want to be on this. Could I be? Yeah, it could be. And by the way, I have some about have some right? It's probably you have some too. It's good wine. But it's not really you have some So, if it's not you have some So, maybe I don't want to be some of the on it. And if I don't want to be some of the you have no right. And the problem when it comes to we eat in our so we so that if a guy looks at the wine, you're not going to drink the wine. For you to go ahead and give it to someone, it's a being really there could be you're giving a to us. Get clappy hands. And if this is a sensitivity that he has, it's not something that he would want to eat or want to drink, then you have no right to go ahead and do it. And the fact whenever you're doing dealing with a rabbit, and this is the rabbit. Not everyone knows the Rama in the not everyone has all these things. See, you always have to be hyper sensitive to this. Now, not everyone So, what happened? So, again, you have to then he started giving me all the and I realized well, he's a poisek that we do bites. But the bottom line is a lot easier to do raid bites. But anyway, this is just raid. We're just having a little bit of fun. We're just going through the Indian a little bit. I just want to tell you the end of that story. The end of that story is about Simcha who's a tremendous mensch. Told the it's fine. And he even went over to this Yid who did what he did and he approached him and he told him, "I want you to know that, you know, this wine was poured out, and I want you to know, you know, about what a bottle like of wine like this costs. But, at the same time, listen, you were doing your job, and I appreciate it. And I just want you to know that I I it's fine. It's perfect. There's no tightness. But, you know, just pay the favor forward that at some point in life, if someone's accidentally going to, you know, be mazik you a little bit, but he had the right intention, just remember someone did you a solid and pay it forward. Do the same thing to him." The postscript to this story is that this person that was working in the kitchen met my friend about a year or two later, and he told him, "I want you to know I was so moved by the way you reacted to that story that that cigarette that I took on that Shabbos was the last time I was mechallel Shabbos. I have not not kept the Shabbos since then. It made such a roshem on me." So, the story has a very, very happy ending. But, either way, again, this is all raid, peleh chachamim yachdav, and we are going to stop here.