Flavors, Finishes and Fireball: Understanding the New Age of Whiskey and its Halachic Implications

Important Definitions
Whiskey: Any spirit distilled from a fermented grain or corn mash that is between 40-94.8% abv.
Aging: The process of maturing a whiskey in a cask before it’s bottled.
Finishing: Putting aged whiskey into a new barrel that was previously used for something else to bring out a new flavor. For example, Angel’s Envy finishes its bourbon in Port wine casks.
Flavoring: Specifically infusing a flavor in an already aged whiskey, however there is not a second aging process.
Distinguishing Whiskeys
Scotch

Must be made in Scotland using water and malted barley
Must be fermented with yeast
Distilled lower than 94.8% abv
Cannot be bottled lower than 40% abv
No flavors can be added except caramel coloring
Age statement must reflect the youngest whiskey used if blended
Blended scotch is a combination of malt and grain whisky (this is most common)
Must be aged in Oak barrels for at least three years and one day that doesn’t exceed 700 liters

Bourbon (Jim Beam, Woodford Reserve and Maker’s Mark)

Must be made in the U.S. (NOT restricted to Kentucky)
Must have at least 51% corn in the mash bill
Made in new charred oak barrels
Distilled to no more than 160 proof
Enter into the barrel for aging at no higher than 125 proof
Cannot be bottled lower than 80 proof
No additives besides water
No minimum age, but straight bourbons need to be at least two years and bourbons younger than four years require an age statement

*Other American whiskeys include Rye (Wild Turkey, Bulleit and George Dickel), which must has the same laws as bourbon except must have at least 51% rye in the mash bill and Tennessee whiskey (Jack Daniel’s and George Dickel), which is the same as bourbon but must be made in Tennessee and filtered through a thick layer of maple charcoal before the aging
process.
Canadian

Must be produced in aged in Canada
Must be aged in wood barrels no larger than 700 liters for at least three years
Can include caramel or flavoring in the distillation process
Cannot be bottled lower than 80 proof
Must be distilled lower than 94.8% abv

Irish

Must be distilled and aged in Ireland, otherwise has the same rules as Canadian whiskey

Whiskey Kashrut Halacha

עבודה זרה ל׳ ב:י״א

א"ר אסי א"ר יוחנן משום ר' יהודה בן בתירא שלשה יינות הן יין נסך אסור בהנאה ומטמא טומאה חמורה בכזית

Avodah Zarah 30b:11

R. Assi said in the name of R. Johanan who said it on behalf of R. Judah b, Bathyra: There are three kinds of wine: Libation-wine, from which it is forbidden to derive any benefit, and of which a quantity of the size of an olive causes grave defilement.

עבודה זרה ל״ג ב:ד׳

איבעיא להו מהו ליתן לתוכו שכר רב נחמן ורב יהודה אסרי ורבא שרי רבינא שרא ליה לרב חייא בריה דרב יצחק למירמא ביה שכרא

Avodah Zarah 33b:4

The question was asked: How about putting beer into such a vessel? — R. Nahman and R. Judah forbid, but Raba permits it. Rabina declared it permissible to R. Hiyya the son of R. Isaac to pour beer into such a vessel, so he went and put wine into it; still he had no issues with it, saying: It was only done casually.

חולין צ״ח ב:כ״ח-ל״א

למאה וס' נמי לא ליגמר אטו אנן לקולא גמרינן לחומרא גמרינן דמדאורייתא ברובא בטיל רבא אמר לא נצרכא אלא לטעם כעיקר דבקדשים אסור קא משמע לן דהכא שרי

Chullin 98b:10-12

How do we infer that something can be nullified by 1:100 or 1:60? Do we assume leniency? We infer that this is a stringency because according to the Torah, the prohibited substance is nullified when mixed in with a majority of permitted substances. Raba said: The exclusion of the taste was in reference to the case where the prohibited substance is treated as the substance itself. However, in this case it's permitted.

יורה דעה צ״ח:א׳

(א) איסור שנתערב בהיתר מין בשאינו מינו כגון חלב שנתערב בבשר יטעמנו גוי אם אומר שאין בו טעם חלב או שאומר שיש בו טעם אלא שהוא פגום מותר והוא שלא יהא סופו להשביח וצריך שלא ידע שסומכין עליו ואם אין שם גוי לטועמו משערינן בס' וכן אם הוא מין במינו כיון דליכא למיקם אטעמא משערים בס' (ואין נוהגים עכשיו לסמוך אגוי ומשערינן הכל בס')

Shulchan Arukh, Yoreh De'ah 98:1

A forbidden substance mixed with something permitted, such as forbidden fats that were mixed with kosher meat, should be tasted by a non-Jew. If he says there is no taste of forbidden fat or there is a taste, but makes the dish worse, it is permitted. The above applies as long as his intention is not to improve the dish and he can't know that we are relying on him. And if there is no non-Jew available to taste it, we calculate it with regards to the 1:60 ratio. And this is also so if it is a non-kosher food mixed with kosher food that is similar. Since we cannot discern the taste, we calculate it with regards to the 1:60 ratio. (And the custom now is not to rely on non-Jews, and we just calculate everything based on the 1:60 ratio.)

יורה דעה צ״ח:ח׳

כל האיסורים הנוהגין בזמן הזה כולם מתבטלים בששים מלבד חמץ בפסח ויין נסך כאשר נתבאר בהלכותיהם (טור) ובלבד שהאיסור אינו נותן טעם בקדירה אבל אם נותן טעם באותה קדירה והוא אסור מצד עצמו אפילו באלף לא בטל כל זמן שמרגישין טעמו ולכן מלח ותבלין מדברים דעבידי לטעמא אם אסורים מחמת עצמן אינן בטילים בששים (באיסור והיתר הארוך כלל כ"ה ועיין לקמן סוף סימן ק"ה):

Shulchan Arukh, Yoreh De'ah 98:8

Rama: Everything that is ordinarily prohibited at this time is nullified by the 60:1 ratio apart from bread on Passover and wine that is used for libations as it is explained in these laws. (Tor) And if the prohibited taste on its own doesn't give a taste that is exactly the same as it is in that pot, it is prohibited to eat from even if the ratio is 1:1000. The taste cannot be nullified at any time because the taste enhances the flavor the same way salt and spice help a non-Jew improve the taste of his food if the prohibition is because the food is typically nullified by the 1:60 ratio.

יורה דעה קי״ד:ד׳

ואע"פ שרגילים למשוח היורות והכלים בשומן חזיר אין לחוש דהוי נתינת טעם לפגם גם בטל בשישים גם אין לחוש םא נתנו משקין אלו בכלים של יין ועיין לקמן סימן קל"ז במקום שנהגו לתת דם או שאר איסור לתוך המלח או דיו אם מותר או אסור

Shulchan Arukh, Yoreh De'ah 114:4

Rama: And even though that it is normal to rub the inside of vats with lard, there is no concern as this gives off a ruined flavor, which is also nullified in 60, and also there is no concern that they would put wine in the drink.

The Taz comments here in contradiction with the Rama and says that wine becomes nullified when mixed with six parts of any drink because all drinks have the same ability to nullify wine.

יורה דעה קל״ד:ה׳

(ה) כמה יהא במים ויהא בהם כדי לבטל טעם היין ששה חלקים כנגדו וכל שיש במים כשיעור הזה מותר אפי' בשתייה

Shulchan Arukh, Yoreh De'ah 134:5

How much water will be used in order for the wine to lose its character? If there is a proportion where water is six times the amount of wine, then it is permitted.

יורה דעה קל״ז:א׳

(א) כל הכלים האסורים מחמת יין של עובד כוכבים שהכניס בהם ישראל יין קודם שהכשירן אסור בשתייה ומותר בהנאה אפילו הוא יבש כל זמן שלא עבר עליו י"ב חדש (ואם הוא כלי שמכניסו לקיום אסור מיד) (טור בשם הרא"ש) ואם הוא כלי שאין מכניסו לקיום (והוא יבש) (ב"י) לא נאסר אא"כ עמד בו יינו של ישראל כ"ד שעות ואם היה ביין מעורב קיתון של מים אם יש במים ששה פעמים כנגד קליפת הקנקן מותר אפילו בשתייה:

Shulchan Arukh, Yoreh De'ah 137:1

All vessels are forbidden because it's wine of a non-Jew. If a Jew also puts wine in it before it's cleaned it is forbidden to drink, but he may benefit from it. This is true even if it is dry as long as 12 months have not passed (and if it is a vessel that is used for aging, it's prohibited immediately) (Rama in the name of the Rashi). And if it is a vessel that is not made for aging (and it is dry) (Beit Yosef), it is not forbidden unless a Jewish person's wine was in it for 24 hours. And if, the wine was mixed with a pitcher of water and if the water is six times as much as the wine in the walls of the pitcher, then it is permissible to drink.

Contemporary Sources from Modern Rabbis (Paraphrased from The Whiskey Brouhaha by J. David Bleich)
Rabbi Chaim Mednick: Wine is nullified in if it's one in six parts of another liquid not because of the taste, but because this wine is not used for libations, any leftover wine that is mixed with aged whiskey is permissible, even if the wine is used as a flavoring agent.

Rabbi Pinchas Mordechai Teitz: Whiskey aged in wine casks cannot nullify the taste of the wine citing that although the Taz challenges the Rema in saying that wine can be nullified by a 1:6 ratio rather than a 1:60 ratio, he is silent when the Rema says wine designed to enhance the flavor is never nullified. In addition, bread with a leftover wine residue would make the bread not kosher.

Minchat Yitzhak (aka Rabbi Yitzhak Yaakov Weiss): A product that mixes kosher ingredient and an ingredient that is not kosher because of the rabbis doesn't make the product non-kosher because it creates a new taste that doesn't taste like the non-kosher ingredient. In this case, the taste of whiskey comes from a combination of things such as water, barley/corn/rye, fermented yeast, oak and wine so it's impossible to distinctly taste the wine. In addition, consumers wouldn't want a wine-flavored whiskey.

Rav. Moshe Feinstein (Igros Moshe, Yoreh Deah I: 62-64): Whiskey blended with wine is permissible based on the Taz's ruling that wine becomes nullified when there is six times more whiskey in the cask. Since the prohibition against wine made by a non-Jew is rabbinic, then the non-kosher wine barrel is acceptable based on the fact that the flavor of the whiskey is a new flavor rather than a wine taste. In addition, since the whiskey has a sharper taste than wine, any wine taste in the whiskey is nullified.

Although Rav. Feinstein permitted whiskey made in wine casks, he didn't drink the whiskey himself except when offered and noted a "ba'al nefesh," (pious soul) should avoid this type of whiskey. There is also debate as to whether or not this applies to scotch and bourbon or if he was only referring to a different type of whiskey where small quantities of wine were mixed in to specifically add a wine flavor.

Sources for Current Ruling on Whiskey
Rabbi Asher Lopatin via Anshe Shalom website:
I have been in touch with the Kashrut authorities at the London Beth Din. The good news is that the “London Beth Din continues to allow all types of Scotch whisky.” Here are some details from my source in the LBD:
1) No additives are allowed in Scotch whisky with the exception of Caramel Colour which is kosher.
2) Ordinary Scotch whisky, whether Single Malt or Blended without any mention of the use of sherry, port or other wine casks on the label or marketing literature, can be consumed confidently without any concerns relating to it having been in contact with wine casks.
3) Whisky which has been matured in wine casks has been subject to detailed Halachic consideration by major poskim (including Minchas Yitzchok Vol 2, 28 and Igros Moshe Yore Deah Vol 1, 62 and 63) who did not forbid its consumption.
4) There is a new process however, known as Wine Cask Finishes (also referred to as double or second maturation) which is a secondary process that some claim is specifically designed to enhance the flavor of otherwise fully matured whisky and impart a recognizable taste of the wine. This new process may not be covered by all the aforementioned heterim and accordingly some may wish to avoid products so labelled.
The London Beth Din continues to allow all types of Scotch whisky, based on Teshuvos Igros Moshe.

This opinion is also accepted by the Kashrut Authority in Australia.

CRC Website: Many Scotches are aged in casks that previously held sherry, sauterne, port or other wines. Others have special “finishes” or multiple “maturations” that include wine. All of these practices raise kashrus concerns. The cRc policy is that Scotch is permitted unless the label states that it is aged in a wine cask, has a special finish, or an extra maturation (as noted above). Consumers who wish to adopt this stance should read the label of each bottle before using it, and avoid wording such as double or triple finish, double or triple matured, dual casks or finish, European or French casks, Madeira finish, port, sauterne, or sherry.

Rabbi Josh Yuter (Whisky And Whine January, 2006): R. Schachter related a story that he was actually on the phone with someone in a Scottish distillery who explained that the reason why whiskey is stored in these casks is because they want the whiskey to absorb flavor from the wood of the barrel itself. However, since the full flavor would be far too intense and would ruin the whiskey, sherry casks are used such that the sherry mutes the flavor of the wood. Hence, any flavor given over by the remnant sherry is actually a negative taste and thus you don't have a problem.

	Customer Email About Angel's Envy Hechshered Bourbon (Finished in Kedem Port Barrels)
MESSAGE *	Hi, Thank you for creating the perfect whiskey. I greatly enjoy your bourbon, as do many of my friends and family. However, i am running out of kosher supply. Most retailers don't have anymore. I would like to know if there is a plan for future kosher batches. Thanks in advance.

Hi [Name redacted],
Thank you so much for reaching out and I'm thrilled you've been enjoying Angel's Envy Finished in Kedem Port Wine Barrels. Unfortunately, we've discontinued our hechshered batches for the time being. However, the London Beit Din and Rav Moshe Feinstein have given heters for whiskeys such as ours because it's batel b'shishim, but we encourage you to check with your rabbi or local posek to get their opinion.
Alternatively, our Angel's Envy Rye Finished in Caribbean Rum Casks (which has no halachic issues) is being sent to retailers in a few weeks so you could ask your local liquor store if they plan on carrying it.
Please let me know if there's anything else I can do to help.
Cheers and good Shabbos!
Adam