Last week we discussed at length the halachos of mashkim megulim [uncovered beverages]. We learnt that there is a halachah that one shouldn’t drink beverages that were left uncovered due to the concern that a snake may have taken a drink from the beverage and deposited its venom inside. We mentioned that the Mechaber (Yoreh Deah 116:1) rules that 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. We saw that the basic halachah follows this opinion, and one is no longer required to concern himself with this prohibition (see Mishnah Berurah 160:23). However, we also saw that a number of poskim say that one should still be concerned about these halachos today, we mentioned the Gaon in Maaseh Rav, and various other sources.
Although generally speaking we are no longer concerned about these halachos there is a particular area of halachah where even today we are still very much concerned, and that is regarding Hilchos Kiddush. We will see that although the halachos of mashkim megulim no longer apply, when it comes to kiddush one must be careful not to leave his wine uncovered. Below we will discuss if the reason for not leaving kiddush wine uncovered is because even though generally when it comes to uncovered beverages we aren’t worried about snakes, when it comes to kiddush we are, of if perhaps it is due to some other reason. We will discuss if this halachah is me’akev bedieved, or if perhaps it is just lechatchilah. What happens if one did make kiddush on wine that was left uncovered, may one recite kiddush a second time? How long may the kiddush wine be left uncovered for? What if opening the wine and leaving it uncovered to oxidize improves the taste? How do we avoid this issue on seder night? Can uncovered wine be nullified in covered wine? What happens if a fly flies into the kiddush wine? Of this and more below.
Source
The Gemara in Bava Basra (97a) teaches: “One should only make kiddush on wine that is fit to be used for nesochim [libations] poured on the mizbayach”. The Gemara discusses at length what type of wine the beraisa is coming to exclude. The Gemara initially entertains the possibility that it is coming to exclude wine that was left uncovered, however, the Gemara quickly rejects this and says this can’t be as drinking such wine is dangerous and it’s obvious that such wine can’t be used. The Gemara then digresses and suggests other wines that may be problematic and refutes them all. The Gemara then concludes:לעולם למעוטי מגולה ואע''ג דעברי במסננת כר' נחמיה אפילו הכי הקריבהו נא ל פחתך הירצך או ה ישא פניך – “Really we are coming to exclude wine that was left uncovered, and we are talking about when it has been passed through a strainer (to remove the poison) in accordance with the opinion of R’ Nechemia (who holds that straining works to separate the venom), nevertheless, it still may not be used for kiddush. This is because it is disrespectful to use inferior wine for a mitzvah, as derived from the pasuk in which G-d rebukes the Jewish people for offering lame animals as offerings: “Present it now unto your governor; will he be pleased with you or will he accept your presence?”
The Tur (Yoreh Deah 272) brings this down l’halachah: “One should only recite kiddush on wine that is suitable to be used for nesochim ... this excludes wine that was left uncovered, even if it was passed through a strainer. The Ritz Gayos writes: Even nowadays when we are no longer concerned about leaving beverages uncovered, one still shouldn’t use wine that was left uncovered for kiddush, however, the berachah is still ‘hagofen’.”
The Bach asks that there is a machlokes [dispute] between R’ Nechemia and the Rabbonon if straining helps and in Yoreh Deah 116 we rule like the Rabbonon that it doesn’t help, however, here in Orach Chaim it seems that we rule like R’ Nechemia that it does help, just that for kiddush it’s a problem? The Bach answers: Really, we rule like the Rabbonon everywhere, and what the Tur is coming to say is, even according to R’ Nechemia that straining removes all the venom, it’s still a problem for kiddush. Therefore, nowadays, even though it is uncommon for snakes to deposit venom into wine, uncovered wine would still be unsuitable for kiddush (just like it was according to R’ Nechemia at a time when snakes were common, and it was strained and there was no concern).
The Mechaber (Yoreh Deah 272:1) rules accordingly and says: “One shouldn’t make kiddush on bad smelling wine ... or on uncovered wine, even nowadays when we are no longer concerned about uncovered beverages.”
From here on we will simply refer to this disqualification as אהו נהקריב.
