Permissibility of Wine Touched by a Government Official to Spite a Jew

From: Rabbi Moshe Sofer

To: Rabbi Hersh Leib

Description

A government tax official broke the seals on Reuven's wine barrels, touched the wine, and declared he had done so to spite the Jewish owner. The Chasam Sofer rules the wine is entirely permitted, relying on multiple converging arguments: a non-Jew who touches wine solely to anger the Jewish owner does not render it forbidden; the non-Jew's statement carries no halachic weight to forbid something presumed permitted; chazakah, sfek sfeika, and fear of authority (mirtesas) all support leniency; and stam yeinam is only a rabbinic prohibition in our times, especially given substantial financial loss.

Source: Shu"t Chasam Sofer YD §123

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