Q&A: Beer in a Pub
Beer in a Pub
Question
In light of what is ruled in Shulchan Arukh, Yoreh De’ah 114:1:
“Any beer of an idolater, whether beer made from dates, figs, barley, grain, or honey, is forbidden משום intermarriage. And it is forbidden only in the place where it is sold, but if he brought the beer home and drinks it there, it is permitted, for the essence of the decree is lest he dine with him. And they prohibited it only when one establishes himself to drink in the way that people establish themselves for drinking, but if he entered the house of the idolater and drank casually, incidentally, it is permitted; and likewise, one who lodges in the house of the idolater, it is considered like his own house. And it is permitted to send into town to buy beer from idolaters.
Gloss: And there are those who permit beer made from honey and grain (Mordekhai in the name of Ravyah, and Beit Yosef in the name of Tosafot, and many of the later authorities, and Aguddah ch. Ein Ma’amidin, and Or Zarua, rule 43 sec. 6, and Semak fol. 113), and so the custom in these countries is to be lenient.”
Is it forbidden to drink beers known to be kosher in a pub abroad?
Answer
I think a pub is not considered the house of a gentile. It is a business, not a home, and you are not being hosted by the pub owner and becoming his friend. You are his customer, paying him for his service. Just pay attention to who opens the bottle.
Discussion on Answer
Indeed, that is correct. I didn’t notice that we were not talking about wine.
The wording is, “And it is forbidden only in the place where it is sold,” which implies it is speaking about a shop, not a house.
But that is because of the concern lest one dine with him (a convivial meal). That does not exist in a pub.
A. What changed from the past? Back then, in a place of business, was there indeed a concern that one might dine with him?
B. Didn’t you teach us, Rabbi, that in rabbinic matters, if the reason is gone, the decree does not thereby lapse?
Unless from the outset they decreed it only where there is such a concern. This is not a case of the reason lapsing, but of defining the scope of the decree. And quite a number of halakhic decisors wrote this, and I brought several of them in the lecture when we dealt with this. Look at any responsum that deals with ordinary gentile wine and the like, and you will see that many permitted it where there is no concern for intermarriage (starting already from the well-known leniency of the Rema).
Why does it matter who opened the bottle? As far as I know, that is relevant only for wine, not for beer.