Drinking In A Bar

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I.  The Enactment

Studies have shown that drinking together increases the likelihood of intimacy in the next few hours. This is especially true if the drinking takes place at home¹. Chazal with their wisdom, prohibited² drinking any alcoholic beverage in the home of a non-Jew, in order to prevent Jews from becoming too close to non-Jews in settings where intermarriage could occur. The decree still applies even if the beverage does not have any kashrut concerns, (such as being wine or wine-flavored, or containing other non-kosher ingredients).

The Tosafot (11th century France)³ note that the prohibition against beer is not mentioned in the mishnah or beraita (3rd century CE). However, it seems that beer made by non-Jews was prohibited in the days of the Amoraim (200 to 500 CE). The Rashba (1235 – 1310),⁴ on the other hand, believes that the prohibition was adopted by the masses as a measure to prevent intermarriage.

This prohibition differs from Bishul Akum and Pat Akum. The prohibition against eating food cooked by a non-Jew or bread made by a non-Jew can be allowed if a Jew participates in the cooking or baking process. However, this leniency does not apply to shechar (liquor), even if it was made by a Jew. The prohibition against consuming shechar purchased from a non-Jew is based on the location where it was purchased, not on who made it.

 

II. What

A. Alcoholic Beverages

The Rama⁵  (1530 -1572) rules, like the Mordechi (1250–1298),⁶  that the decree was enacted specifically for date beer. This has been the accepted practice by Ashkenazim. However, Rav Avraham Danzig (1748-1820)⁷, the author of Chayei Adam and Chochmat Adam, rules that even Ashkenazim should be stringent in this regard.

According to the Rambam (1138–1204)⁸ and the Shulchan Aruch (1488 –1575)⁹ it is forbidden to drink all¹⁰ types of alcohol in an establishment owned by a non-Jew¹¹.

B. Non-Alcoholic Beverages

Chazal were not concerned with the beverage itself, but rather with the social interactions that took place around it. Many poskim¹² hold that the prohibition on drinking in non-Jewish establishments extends to drinking coffee or hot chocolate in a coffee shop¹³. Coffee should not be used as a medium for unnecessary socializing with non-Jews, as the caffeine is a stimulant that can increase energy levels and alertness, which can make it easier to socialize. One may purchase kosher coffee from a non-Jewish establishment and drink it outside, at a significant distance from the establishment.

 

III. Where

It is clear from the poskim that this prohibition does not depend on the person who made the alcohol, whether they were a Jew or a non-Jew, but on the possession and ownership of the alcohol.¹⁴ This prohibition only applies when drinking alcoholic beverages in the area where it was purchased from a non-Jew, or in his house. Therefore, although it may be permitted to enter a bar to purchase a beer, it must be consumed outside¹⁵ of the bar¹⁶, specifically in one’s¹⁷ house¹⁸ or significant distance from the establishment¹⁹. Those who want to drink alcohol purchased from a non-Jewish establishment outside of the establishment have what to rely on²⁰.

 

IV.  When

a. The prohibition against drinking in a non-Jewish establishment only applies when it is done in a formal setting, such as sitting down at a table and drinking leisurely, and when it is done seldomly (less than three times)²¹. The decree does not apply if one is simply taking a quick drink on the go due to thirst²². It should be noted that the prohibition applies even if a Jew is drinking alone without any social interaction with others.

b. According to the Rambam (1138–1204)²³, if the majority of the attendees at a party are non-Jews, it is prohibited to drink alcohol, even if the party takes place in a house of a Jew. This is codified by all the major poskim, including the Tur, Bet Yosef, Bach, and others. However, if there is a majority of Jews at the gathering, then such a situation is not included in the decree of our Sages.

It is important to note that it is forbidden for a Jew to be present in a bar or establishment that contains inappropriate activities for a Jew, such as immodest dress, vulgar music, dancing, and the like. This prohibition applies even if the person does not order a drink at all. It makes no difference whether the bar is owned by a Jew or a Gentile.

 

V.  Conclusion

Chazal prohibited drinking any alcoholic beverage or coffee in the home or store of a non-Jew, in order to prevent intermarriage. It is only forbidden

a. when it is done in a formal setting, such as sitting down at a table and drinking leisurely

b. when the beverage is being consumed in the area where it was purchased from a non-Jew, or in his house.

In situations where the issue involves maintaining peaceful relationships with non-Jews, it is advisable to consult with a competent halachic authority for guidance on the best course of action.

By Rabbi Nissan Shalomayev
Rav, Bukharian Jewish Cong. of Hillcrest, Kehilat Ohr V’Achdut