Laws of wine left unattended

Hey Rabbi, Is it true that if I leave wine out, I can't drink from it or use it for Kiddush? Someone mentioned it might be about contamination or something. Could you explain that to me? Thanks.

Thank you for your question.

In order to understand the reason of this stringency it is important to learn the source of this halacha.

The Mishnah Tractate Terumot perek 8 mishna 4;

משנה מסכת תרומות פרק ח משנה ד

יין של תרומה שנתגלה ישפך ואין צריך לומר של חולין שלשה משקין אסורים משום גלוי המים והיין והחלב ושאר כל המשקין מותרים כמה ישהו ויהיו אסורין כדי שיצא הרחש ממקום קרוב וישתה

There are three liquid’s that are prohibited if it was left open, water, wine and milk. All other liquid’s (that were left open) are permitted to consume. How long does the liquid have to stay open in order that it becomes prohibited to drink? Enough time that it would take the snake to come from a close place and drink from the liquid.

The Talmud tratate Avodah Zoroh (page 30b) explains the reason these three liquids are prohibited to consume if left open, is because since it was left open there is a concern that a snake may have drank from the cup and then left its venom in the water. The Talmud writes further that even if many people may have already drunk from this barrel that was left open, and no one died or even suffered any illness, it is still not a sign that the liquid is not contaminated, since sometimes the snake's venom may sink to the bottom of the barrel and endanger the one that drinks towards the end of the barrel.

So according to the above, it would be forbidden to drink any water that was left out and as we know in the world of Halacha there is a rule that גדולה סכנתא מאיסורא we are more stringent when it comes to protecting ourselves from a danger even more than from protecting ourself from transgressing a Halachic prohibition.

However, we do find that Tosfot Tractate Avoda Zoroh (page 35a ד"ה חדא קתני ) writes that this prohibition to avoid liquids that may have been contaminated, was introduced by the cha’chamim at times that there were a lot of snakes, one would even find them in his living quarters. Nowadays we do not see snakes and it is only in rare occurrences, therefore this halacha is not applicable.

It is important to note that generally when cha’chmim enact a decree, we are not at liberty to say that the halacha was only for certain times and periods. Nevertheless, explains Tosfot that this is an exception to the rule since the cha’chamim originally introduced this halacha with the intention that it applies only at a time and place where there is a real reason to suspect that there are snakes in the vicinity and there is a real danger that the liquid was contaminated.

This opinion of Tosfot is brought Le’halacha in Shulchan Aruch Yoreh De’ah, siman 116 se’if 1;

שולחן ערוך יורה דעה הלכות מאכלי עובדי כוכבים סימן קטז סעיף א

משקים שנתגלו, אסרום חכמים דחיישינן שמא שתה נחש מהם והטיל בהם ארס. ועכשיו שאין נחשים מצויים בינינו, מותר.

Liquids that were left open are prohibited by cha’chamim to consume, since a snake may have drunk from it and contaminated it. However nowadays that snakes are not found amongst us, the liquid is permitted to consume.

The Pis’chay Teshuvah (ibid seif katan 1) writes that the she’loh and the Vilna Gao very particular about this halacha.

There are many that follow the stringency of the Gaon and even nowadays practice this halacha so here are some pointers

1. 1. Only if it was left open and no one was in the room. If someone was in the room even if he wasn’t paying attention to the open vessel it is permitted since the snake would be deterred from exiting its hiding place in the presence of a human.

2. 2. If for example there was a bag of milk left open, it is only prohibited if the hole is bigger than the “small finger of a newlyborn child” anything smaller is permitted to consume.

3. 3. Wine ‘mevushal’ is also permitted.

4. 4. If it was left open in the fridge or closed cupboard it is also permitted to drink.

5. 5. The amount of time the liquid that is left open, is a few seconds, enough time for the snake to leave its hiding place from beneath the vessel and drink from the cup.

Having learned that according to the Shulchan Aruch, there is no prohibition nowadays it is important to realize that even according to the opinion of the Shulchan Aruch we do practice this Halacha according to all opinions with regard to the wine we use for Kiddush and Havdalah. This is brought in the Shulchan Aruch (Siman 272 se'if 1).

שולחן ערוך אורח חיים הלכות שבת סימן רעב סעיף א

אין מקדשין על יין שריחו רע, אף על גב דריחיה וטעמיה חמרא, ולא על יין מגולה אפילו האידנא דלא קפדינן אגילוי.

One may not recite Kiddush on a whine that has a bad odor even if it smells and tastes of wine. Same too one may not recite Kiddush on wine that was left open even nowadays that we do not generally keep this halacha.

Explains the Mishnah Berurah; the reason for this Halacha is since we have to use the finest and best quality wine that one would serve to a king as it says in Malachi, chapter 1, Passuk 8.

(ח) וְכִי תַגִּשׁוּן עִוֵּר לִזְבֹּחַ אֵין רָע וְכִי תַגִּישׁוּ פִּסֵּחַ וְחֹלֶה אֵין רָע הַקְרִיבֵהוּ נָא לְפֶחָתֶךָ הֲיִרְצְךָ אוֹ הֲיִשָּׂא פָנֶיךָ אָמַר ה' צְבָאוֹת:

"When you offer blind animals for sacrifice, is that not wrong? When you sacrifice lame or diseased animals, is that not wrong? Try offering them to your governor! Would he be pleased with you? Would he accept you?" says Hashem Tse’vakot.

Same too in respect to this rule we do not want to use it for kiddush or Havdalah wine that was left open since one wouldn't serve this to a king

However there is one leniency to this halacha over the general halacha of gil'luy is that it would have to be left open for around an hour, however, one that abides by the custom of the Gaon it would be a few seconds as explained above.