Gifted Wine

QUESTION: I was given an expensive bottle of non-kosher wine by my boss as part of my end of year bonus. Can I sell it online?

ANSWER: In this case, the halacha would depend on whether one is a Sefardi or an Ashkenazi.

Yayin nesech, which is wine that was libated in the service of idolatry is assur b’hanoah (deriving benefit is prohibited). However, deriving benefit from stam yainom (wine which was left in the presence of a nochri without supervision), is a matter of dispute by the Rishonim. 

Rav Yosef Cairo rules in the Shulchan Aruch (YD 123:1) that it is forbidden to derive benefit from stam yainom (non-kosher wine). Typically, manufactured wine today is in the category of stam yainom and not yayin nesech. Therefore, if the wine was given to a Sefardi who follows the ruling of Shulchan Aruch, he must dispose of the bottle. He would not be permitted to sell the bottle of wine, as the payment is a form of benefit. Furthermore, it may not be given to a nochri because the goodwill that is generated through giving a gift is also considered a benefit.

However, Rema writes that in a situation of loss, such as if one needs to collect a debt and the borrower who is a nochri only has barrels of non-kosher wine, one may follow the more lenient opinion and accept the barrels as payment. The Jewish creditor may then sell the wine to a nochri. Ashkenazim follow this view. Similarly, in our case, since the employer is offering wine as a bonus, refusing the gift would be a loss of income. Therefore, one may accept the bottle of wine and sell it. However, Chochmas Adam (75:14) writes that one who is careful not to derive any benefit from stam yainom (even though strictly speaking it is permitted) will be blessed with success. Thus, there is reason to be machmir if he is able to do so. 

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.