Thought for the Day: But Can You Make Kiddush With That Non-Kosher Wine You Are Drinking to Save Your Life?

Now that we know what bracha to make on non-kosher food, as detailed in this TftD, we are ready to address the original-ish question. (It is only "-ish" because that question was about water, which gets a resounding "no," but the question of using non-kosher wine is still open.) But, first, a joke.

A Jew is meeting with a non-Jew at the non-Jew's house while the non-Jew is having a snack of ham and wine. (The reaons for the meeting and why at the house of the non-Jew and why the non-Jew choose this moment to eat are all beyond the scope of this joke.) The non-Jew is cordial and offers the Jew some ham. "No thank you. We only eat kosher food." The non-Jew is a bit surprised (again, outside the scope of this joke), but still wants to be a good host. "Well, may I at least offer you some wine, then?" The Jew replies that we drink kosher wine. Now then non-Jew cannot contain himself, "So if there was only non-kosher food and wine available, you would starve to death rather than consume them?" "Oh, no," replies the Jew, "if it is a matter of life and death, then we may eat anything." Upon hearing those words, the non-Jew takes out a revolver, points it straight at the Jew's head and commands, "Pour yourself a glass of wine and drink it now!" The Jew does as ordered. The non-Jew, still with the gun pointed as the Jew's head, says, "Another!" The Jew complies. The non-Jew puts down his gun and starts smiling, "It was just a joke, my friend! The gun isn't even loaded!" The Jew is furious! The non-Jew says, "Please... it was just a joke!" The Jew replies, "And you couldn't have started your joke with the ham?!"

Now, usually you should make a דיוק in a joke, but this is me, who is well known to have little sense of humor. The דיוק here is that the Jew did not make a bracha before drinking the wine. That is correct. One would only make a bracha on non-kosher food consumed to save their life when it is the food itself that is saving their life. Here the Jew saved his life by following the orders of the non-Jew, but he was not actually in danger of dying from starvation. (Rema to 204:8)

Now back to our question: May one make kiddush on non-kosher wine that he is permitted to drink because he would otherwise die of starvation? But first some introductory remarks.

First, just to be absolutely clear: there is a Torah obligation to make kiddush for Shabbos. Chazal mandated that said kiddush should be said over wine. Second, there are three kinds of wine (for our purposes): (1) יין נסך/wine used for libations of idol worshippers (not as Google translated: Wine of the Nescafé 😆). (2) Jewish wine; ne'er touched by anyone except Torah-observant Jews. (3) סתם יינם/their (non-Jews') ordinary wine. There is a Torah prohibition to drink יין נסך. Chazal mandates that it is forbidden for us to drink סתם יינם.

I, of course, went to R' Fuerst to ask. The dayan told me, "Go see the Be'er Heitev on siman 272." (In case you are wondering, the Be'er Heitev is a commentary on the Shulchan Aruch that the Mishna Brurah inserted—along with the Sha'arei T'shuva—between the Shulchan Aruch and the Mishna Brura.) I frankly didn't know anyone even looked up there unless directed by the Mishnah Brurah himself, let alone quote one off the top of their head.

Anyway... the Be'er Heitev (sk 2, after discussing the more usual question of using wine that was left uncovered) brings two opinions about using סתם יינם for kiddush. The first opinion is that since the prohibition to drink סתם יינם came after the mandate to make kiddush on wine, it is permitted to (always) use סתם יינם for kiddush. The second opinion says that to use סתם יינם for kiddush is not a bracha at all; rather, it is blasphemy. We are stringent and pasken like the second opinion, but in our case of someone having permission to drink the סתם יינם to save his life, he could rely on that first opinion brought in the Be'er Heitev and actually make kiddush. (There is still no permission—even in a situation of starving to death—to use actual, Torah-prohibited יין נסך for kiddush.)

Epilogue: In case you are interested, I have a thought about that opinion that permits using סתם יינם for kiddush. The decree to forbid סתם יינם was mandated by Chazal to keep us from mixing with non-Jews in an overly friendly manner that could lead to intermarriage. Someone making kiddush is not likely to be with non-Jews in the first place, and even if he is, that is not a likely venue for intermarriage. That is why the order of the decrees is important. When they forbad drinking סתם יינם, there was already a decree on the books to use wine for kiddush. That lenient opinion holds that the mandate prohibiting סתם יינם never covered its use in kiddush (and havdala).