It is customary in Jewish homes to say Lechaim on alcoholic spirits on Shabbos and Yomtov. However, on Pesach, many Chassidic families will not serve spirits, even though there are many spirits that are certified as Kosher for Pesach. This is particularly common in some Chassidic groups, including Chabad and Belz. What is the basis for this practise?
Spirits made from Grain
Spirits like whisky and vodka, are traditionally made by using grain or malt as a fermentation source. This is achieved by mashing the grain with boiling water to release their sugars. When the sugar reacts with yeast, it ferments to create alcohol. The mixture is then distilled to extract the alcohol.
In Halacha, the Zeiah (moisture) that comes from Chametz, has the status of Chametz itself. Therefore, the fermentation alcohol that comes from grain or malt, will be absolute Chametz. Any spirits or beer made from the extract from grain, will certainly be forbidden on Pesach. Even though the alcohol is mixed with water, it is not considered as a mixture of Chametz that has a lesser-degree of severity, but as actual Chametz. One would be liable for Kareis (spiritual excision) for drinking it.
The Poskim discuss the status of mead, an alcoholic beverage made from fermenting honey rather than actual grain. If the fermenting agent used to start the mead production was taken from the sediment from beer production, the mead will be forbidden as Chametz as well.
Even if the sediment from the first batch of mead is then collected and used to ferment a new batch of mead, the new batch too will be forbidden. This is because the original fermentation sediment, that gave the first batch its fermentation property, came from beer that was made with grain.
Even if this process was repeated multiple times to make subsequent batches (i.e. the sediment from the second batch is used to make a third batch and the sediment from the third batch is used to make a fourth etc.) they will all be forbidden on account of the original grain-based agent.
There is a minority opinion that rules that in the above scenario, the fourth batch and onwards will be permissible and one may drink it on Pesach. This is because the original beer-sediment no longer has the power of fermentation and the fermentation is now considered to come from the mead sediment alone.
Normally, in the laws of Kashrus, non-Kosher substances become Batel (nullified) in the ratio of one to sixty if they become mixed with Kosher ingredients. This rule of Bittul would also apply to liquid Chametz that became mixed into non-Chametz ingredients before Pesach comes in.
Since the Chametz-based fermenting agent or sediment is far-less than this ratio when mixed with the water and honey in the mead production, why don’t we apply the law of Bittul?
Bittul does not apply to a fermentation agent, even though it may be a very small amount compared to the overall volume of beverage being produced. This is because a fermentation ingredient is a Davar Hamaamid - something that ‘creates’ the entire nature of the product being made, in this case, the alcohol. A Davar Hamaamid does not become Batel “even one in a thousand”. Because its affect will always be recognisable in the product, it is as though we see the actual Chametz present and so we cannot say that it is Battel.
As per the laws of Chametz, in all of the cases discussed above, in addition to the prohibition on consumption, one would not be able to benefit from these types of spirits either. One may not keep them in their possession over Pesach and if they did, they would be in violation of the Biblical prohibition of owning Chametz on Pesach. If one did not sell their Chametz before Pesach, it would be considered like all Chametz that was owned by a Jew over Pesach and it would remain forbidden to benefit from the Chametz spirits, even after Pesach has ended.
For Ashkenazim, alcoholic spirits produced from Kitniyos, such as corn, will be subject to the restriction of Kitniyos, which applies to liquid extracts as well. Whilst one is not allowed to consume Kitniyos on Pesach, one is allowed to own Kitniyos and benefit from Kitniyos over Pesach.
Non-grain Spirits and the Ruling of Rabbi Akiva Eiger
All of this applies to spirits that were made with grain (or Kitniyos) at some stage in their production. But what about spirits that are made without any grain, such as vodka fermented from potatoes, slivovitz that is produced from plums or rum produced from sugarcane?
Whilst rum has been made from sugar cane in the Carribean since the 1600s, non-grain spirits were only developed in Europe from the mid-18th Century. Vodka, which was traditionally made from grain, was starting to be made from potatoes, becoming common in Poland and Russia.
The most famous source on this issue is a letter written by Rabbi Akiva Eiger, dated Kislev 5596 (1835). As the author writes, this letter was written when he was already old and weak (he passed away a year later). In the letter, addressed to his disciples, he writes; “I carry a heavy burden... I can no longer contain it. A new thing is happening in our land that our ancestors never imagined... brewers are extracting spirits to make alcohol for Pesach from potatoes. Even though there were Batei Din who attested that the spirits were made strictly kosher for Pesach... after a year or two, it was revealed that the whole thing was a scam. Without anyone’s knowledge, the brewers had been putting malt into the wells from which they took the water to make the spirits”.
He continues “It is almost impossible for a brewer to make spirits entirely from potatoes... without using a (grain-based) fermenting agent... Even if there may be one or two expert brewers... they are a minority of a minority...”
Rabbi Akiva Eiger’s concern appears to be the trustworthiness of the producers and the likelihood of there being Chametz in the spirits. In those times, due to the newness of the phenomenon and the inferior technology, it was considered highly improbable that alcohol could be made without using some grain to cause fermentation. Based on this, were it certain that no grain was used in the alcohol production, it should be permissible.
But then Rabbi Akiva Eiger adds: “Even if it were to be certain that the spirits were produced with no Chametz at all, it is still ‘distant from my eyes’ and ‘completely foreign’ to drink it during Pesach, because of a hidden reason (טעם כמוס) that I keep within me and now is not the time to reveal it”.
He issued a prohibition on drinking spirits made from potatoes during Pesach, writing that those who transgress this and those who facilitate it, bear a great sin, like one who drinks or gives absolute Chametz to a Jew to drink. This applies even if there is a Hechsher that it was made properly. He concludes by placing a Gezeira against those who violate his decree.
The Gezeira of Rabbi Akiva Eiger was reissued by the Rabbonim of Warsaw a few months later. Amongst the signators was Rabbi Shlomo Zalman of Posen, author of the Chemdas Shlomo. They reference the proclamation of “the outstanding sage of Israel, the Tzaddik and Chassid Rabbi Akiva Eiger.” The declarations stated “from now and on, it is forbidden to produce spirits for Pesach from potatoes. It is also forbidden to drink or even keep in one’s house over Pesach, like Chametz Gamur. No Hechsher will suffice...”
He called on all of the former Talmidim of his Yeshivah to publicise his decree in the cities where they served as leaders and Rabbis and to support his efforts to “remove the stumbling block”.
Rabbi Akiva Eiger’s Gezeira against drinking spirits on Pesach was not widely accepted. Many Rabbonim gave Hechshers to, or supported the manufacture and consumption of Pesach spirits, where it was absolutely certain that there were no Chametz ingredients. Most of the Teshuvos of the Acharonim on this issue focused only on the issue of being able to Kasher the factories and equipment properly and how this should be done.
On this basis, many reputable Hechshers will certify Pesachdig spirits and most orthodox Jewish communities will consume them over Pesach. The Sdeh Chemed writes that even though there are those who are stringent, he has spoken with the Geonim of his time and no one raised any issue of concern. Therefore “drink, enjoy and rejoice in Hashem”.
The Tzemach Tzedek of Lubavitch
One of the Acharonim who did adopt and bolster the ruling of Rabbi Akiva Eiger, was the Tzemach Tzedek, Rabbi Menachem Mendel of Lubavitch. The Tzemach Tzedek, was one of the greatest Poskim in his times. He was asked about the Kashering of a steam -operated alcohol factory in the town of Lachavitz, that was rented by a Jewish businessman in order to produce spirits for Pesach. The local Rav, Rabbi Yekusiel Zusman of Lachavitz was asked to oversee the Kashering of the factory and equipment and came up with a plan and protocol for Kashering and the production went ahead.
There were Rabbis who argued with Rabbi Zusman, believing that the factory could not be Kashered as planned. They turned to the Tzemach Tzedek, who concurred that the Kashering was not adequate and that one could not be lenient. Rabbi Zusman wrote a lengthy Teshuvah to justify his Psak, detailing the factory equipment and the rigorous Kashering process. He travelled to Lubavitch to discuss the matter with the Tzemach Tzedek.
The Tzemach Tzedek wrote a Teshuvah in reply, reiterating that one cannot be lenient and rely on the Kashering of the factory equipment as described. In his response, he presents two main Halachic arguments why the Kashering would not be satisfactory;
He writes that due to the nature of the machine equipment, it is not possible to ensure that they are thoroughly cleaned. Despite the Kashering process described, it is possible that actual Chametz substance remains, for which the Hagalah (Kashering with boiling water) would be ineffective. Even if it is only a tiny amount, it is still Halachically problematic and one cannot use this equipment relying on Bittul.
He supports this position based on the requirement to remove all rust and patches before Kashering pots through Hagalah. This is because we are concerned that there may be some non-Kosher substance underneath it. This applies even though any non-Kosher substance under a patch would be minimal. If this is true with other prohibited foods, how much more so it would apply with Chametz, which is forbidden on Pesach in the tiniest amount.
The second Halachic concern would apply even if we were sure that there was no substance of actual Chametz left and the only concern was for the ‘taste’ that was absorbed inside the Keilim from the Chametz production. Even though this should be able to be purged through Hagalah, the Tzemach Tzedek writes that the Chametz that is absorbed in the vats and equipment from alcohol production, cannot be extracted through Hagalah.
Even though metal and wooden utensils can be Kashered for Pesach using Hagalah, according to one opinion, a Beis Seor (a vessel used for making yeast) cannot be Kashered through Hagalah. This is because the Chametz that is used in it, is very strong and becomes deeply embedded in the vessel.
The Levush writes that the same principle applies to barrels that were used for making spirits and that they are even worse than a Beis Seor. The Acharonim bring the ruling of the Levush as the accepted custom. The Tzemach Tzedek notes that the ruling of the Levush applies even if the Beis Seor or alcohol vats, were used for Chametz when cold. In the case of spirits production where the grain and liquid are heated, perhaps all authorities would rule stringently.
He continues that one cannot rely on the Ta”z who permits Kashering the barrels through Hagalah if one first boiled the barrels with a mixture of water and ash. Even though the Alter Rebbe rules like the Ta”z, this is only for barrels that were used for cold spirits, and the ash is in order to remove any remaining fragrance of the Chametz alcohol. One cannot rely on this for equipment in which the fermented grain was heated.
In addition to the Halachic concerns, the Tzemach Tzedek writes that the established Minhag is to only make spirits for Pesach using brand new pipes (and barrels) or ones that were Kashered with Libbun. We do not rely on Hagalah even if the pipes are straight and there is no concern of any Chametz becoming stuck inside. If so, how can someone dare come to be lenient against the Minhag (by relying on Hagalah).
He then adds “Last year, the Gaon Rabbi Akiva Eiger sent a Teshuvah to all lands in which he was very strict, and he cried out to warn against making spirits for Pesach”.
Back to Posen
In 1845, a Jewish proprietor produced Kosher for Pesach spirits and turned to Rabbi Eliyahu Gutmacher, the Rov of Greiditz, for his endorsement. After being satisfied that everything was satisfactory and placing a Bachur as a Mashgiach to supervise the production, Rabbi Eliyahu, himself a Talmid of Rabbi Akiva Eiger, was ready to give his written Hechsher.
But first, he sought the support of Rabbi Akiva Eiger’s son and successor, Rabbi Shlomo Eiger. Rabbi Eliyahu argued that there was a great need to be lenient and that the proprietor stood to lose his significant investment. He argued that times had changed and that it was now well-known that alcohol could be made in this manner and it was no longer the “strange and wonderous” thing that it was in Rabbi Akiva Eiger’s time. The concern of tampering with grain no longer applied. Further, the decree of Rabbi Akiva Eiger was not accepted by the majority of the Jewish people and could be overturned.
Rabbi Shlomo was unconvinced. He authored two Teshuvos in which he negated Rabbi Eliyahu’s arguments. Whilst sympathising with the proprietor’s predicament, he reaffirmed his father’s position to forbid the spirits.
Later Authorities
In 1889, a proprietor in Chernigov, Ukraine, sought to make Pesach spirits from potatoes. One of the great Poskim who endorsed the production was the famed Rav of Kovno, Rabbi Yitzchok Elchonon Spektor. Other Gedolei Yisroel who gave their Haskamos included the Rabbi Naftoli Tzvi Berlin of Volozhin, the Ohr Sameach Rabbi Meir Simcha of Dvinsk and Rabbi Shlomo Hakohen of Vilna.
A noted voice of dissent was Rabbi Shmuel Zanvil Klepfish of Warsaw in an announcement titled “restoring the Torah to its former glory”. He bemoaned that the decree of Rabbi Akiva Eiger had been “forgotten” and urged that they be published again.
Concluding Thoughts
There is a story that if one presented legal arguments (Lomdus), one may be able to argue with him. But it is not possible to question a “hidden reason”.
At one of the Pesach meals in the Yeshivah of Tomchei Temimim 5666 the issue of Pesach-spirits came up in discussion. They discussed how there was a tradition from the Tzemach Tzedek, that we do not use it (presumably referring to the discussion above). The Rebbe Rashab, who was present, said that his father, the Rebbe Maharash, would use Kosher for Pesach spirits after midday on the last day of Pesach. Since the last day of Pesach in Chutz Laaretz is only Rabbinic, many have the custom to be lenient on some of the extra stringencies that they observe during the rest of Pesach.
The Maggid of Mezritch would not drink spirits on Pesach. Once at a Pesach gathering, he was offered spirits and declined. He explained that the Zohar refers to Matzah as “bread of healing” and everyone knows that when one is taking medication they should not drink spirits.
Those who have a tradition or family or community custom to follow the stringency of Rabbi Akiva Eiger, should continue to observe their Minhag.
For those who wish to use spirits on Pesach, like all products, the spirits must have a valid Hechsher for Pesach, from a reliable Kashrus agency. A reputable agency will ensure that the factories and equipment used to produce the spirits were Kashered in a satisfactory manner that addresses the Halachic concerns of the Poskim as discussed within this article.
