May I Send Non-Jews Gifts of Non-Kosher Wine?

Can I send gift baskets to my non-Jewish employees that contain bottles of non-kosher wine?

Shulchan Aruch (YD 123:1) writes that stam yainum (wine that was made by a nachri) is forbidden. Not only may we not drink such wine, but we are forbidden to derive any benefit from it as well. This is because polytheists in our society may have poured wine in the service of idolatry. Sefardim, who generally follow the rulings of the Shulchan Oruch may not benefit from stam yainum under all circumstances.

Rama disagrees. He notes that there is a dispute between poskim whether one may derive benefit from stam yainum in our day and age. Some poskim maintain that idolatrous libations are no longer common. While stam yainum remains prohibited for drinking because of the concern of intermarriage, it is no longer restricted for benefit. Other poskim are of the opinion that the restriction on benefit remains in place today as well. Because the matter is in dispute, the Rama concludes that it is best to be stringent and not derive benefit, but in situations of loss or need, one may follow the lenient view and derive benefit. Ashkenazim generally follow the Rama and can be lenient in cases of loss.

Sending wine as a gift is considered a benefit because of the good will that is generated. Since this is not a situation of loss or need, both the Shulchan Aruch and Rama agree that such use of stam yainum is not permitted.

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.