Gifted Wine (Continued)

QUESTION: May I order a gift basket to be sent to my non-Jewish client that contains a bottle of non-kosher wine?

ANSWER: Shulchan Aruch (YD 123:1) writes that stam yainom (wine that was made by a nochri) is forbidden. Not only may we not drink such wine, but we are forbidden to derive any benefit from it as well. Sending wine as a gift is considered a benefit because of the good will that is generated. Even though most of the gift basket consists of fruit and chocolate, which one may send, since there is additional good will that comes from sending wine, one may not order this type of basket. 

Although the Rema disagrees with Shulchan Aruch and writes that in situations of loss or great need one may benefit from stam yainom, in the question at hand there is no special need to send your client a bottle of non-kosher wine, and certainly there is no loss. Therefore, in this case, Shulchan Aruch and Rema would both agree that this type of basket may not be sent. 

____________________________________________________

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.