Uncovered Wine for Kiddush
Question: Is it permitted to recite kiddush over wine that was left uncovered overnight?
Discussion: In ancient times, poisonous snakes and reptiles were commonly found even in populated areas. In keeping with the Torah’s strict exhortation to safeguard one’s life,[i] the Sages issued an edict forbidding drinking from any uncovered vessel that had been left unsupervised, for fear that a poisonous snake might have ejected venom into its contents while drinking from it.[ii]
This prohibition, known as mashkim megulim, “uncovered beverages,” is recorded in the Talmud[iii] and codified by Rambam as practical halachah. But Shulchan Aruch, who starts by quoting Rambam, concludes by ruling that this edict no longer applies.[iv] Since poisonous snakes and reptiles are rarely found in populated areas nowadays, there is no longer any reason to forbid drinking an uncovered, unsupervised beverage. The basic halachah follows this opinion, and one is no longer required to concern oneself with this prohibition.[v]
[Note that some Poskim maintain that the prohibition of mashkim megulim applies even in contemporary times. They argue that poisonous snakes and reptiles do still exist in some remote areas.[vi] Others argue that a rabbinic prohibition cannot be repealed even when the stated rationale no longer applies.[vii] While the basic halachah does not follow this opinion and uncovered drinks may be consumed, there are many people who choose to observe these halachos strictly, based on several sources which recommend avoiding mashkim megulim,[viii] especially in Eretz Yisrael.[ix]]
But even those who are generally lenient regarding mashkim megulim are careful not to use such wine for kiddush[x] or for other ritual purposes which require wine, such as havdalah and bircas hamazon,[xi] since it is considered “demeaning” to use mashkim megulim for mitzvos.[xii] Lechatchilah, therefore, several Poskim recommend that wine that was left uncovered and unsupervised for even a brief period – even if only a few minutes – should not be used for mitzvos.[xiii] If, however, no other wine is available, one may use such wine as long as its taste and smell were not compromised in any way.[xiv] If the wine was left uncovered for five or six hours,[xv] and surely if it was left uncovered overnight, we are concerned that its taste or smell was affected and it may not be used for kiddush etc., even bedieved.[xvi]
[i] Devarim 4:9, 4:15, as explained in Berachos 32b. See Beiur HaGra, Choshen Mishpat. 427:8.
[ii] Although this is a rabbinic prohibition (Levush, Choshen Mishpat 427:1), some Poskim maintain that once the rabbis deemed mashkim megulim potentially dangerous, drinking from them becomes forbidden by Biblical law; see Levush, Chosen Mishpat 427:11, Tevuos Shor 13:2, Chasam Sofer, Avodah Zarah 30a, and Aruch Hashulchan, Choshen Mishpat 427:8.
[iii] Avodah Zarah 30a and Chullin 9b. The original source is the Mishnah (Terumos 8:4).
[iv] Yoreh Deah 116:1, based on the view of Tosafos, Rashba and Tur.
[v] Mishnah Berurah 160, note 23.
[vi] Pri Chadash and Pri To’ar, cited by Birkei Yosef and Aruch Hashulchan Yoreh Deah 116:2.
[vii] The Vilna Gaon (quoted in Ma’aseh Rav 95 and in Pe’as Hashulchan 2:32).
[viii] See Pischei Teshuvah, Yoreh Deah 116:1; Kitzur Shulchan Aruch 33:5; Orchos Rabbeinu, I, pp. 206-209.
[ix] Birkei Yosef, Yoreh Deah 116:3 and Pe’as Hashulchan II, 32. See Minchas Yitzchak IX, 85.
[x] 272:1.
[xi] Birkei Yosef, O.C. 272:1; Beiur Halachah 272:1 ד"ה על; Aruch ha-Shulchan 272:5.
[xii] There are several explanations as to why, exactly, it is considered demeaning; see Magen Avraham 272:2; Toras Chayim, Bava Basra 97a; Divrei Malkiel IV, 1; Sfas Emes, Succah 50a.
[xiii] Bigdei Yesha 272:1, quoting Tosafos Shabbos. See Koveitz Teshuvos III, 45. According to this view, wine and grape juice bottles should not be left uncovered for even a short amount of time.
[xiv] Mishnah Berurah 272, note 3; Kaf Hachayim 272:7. See Az Nidberu I, 7.
[xv] Divrei Malkiel IV, 1.
[xvi] Aruch Hashulchan 272:5. See Az Nidberu I, 7.