Drinking Wine Brought by Car on Yom Tov

QUESTION

Baltimore, MD

A family that has some Shomer Shabbat members and some who are not, have friends coming to their second Seder in Baltimore from New Jersey, presumably driving on Yom Tov. Those friends will be bringing wine with them. Can they drink that wine at the Seder? Is tehum a concern at all in this case?

ANSWER

 

Yes, they can drink it for the following reasons.

  1. Driving on Yom Tov is only a d’rabanan (rabbinic prohibition) of mamtzi eish ממציא אש (creating a new fire—SA OH 502:1). The havarat eish הבערת אש (igniting a fire) itself is permissible and there are many opinions that the issur hana’ah איסור הנאה (prohibition against benefit) does not apply to d’rabanan violations.
  2. There’s a question if the prohibition of benefiting from melacha performed on Shabbat applies to the issur of hotza’ah, since the melacha didn’t create anything.
  3. We can judge non-observant people to be tinok she’nishba תינוק שנשבה/omer mutar אומר מותר and can rely on the opinion that issur of hana’ah doesn’t apply in that case.

(For all the above, see MB 318:7 and Biur Halakha 318 s.v. ha’mevashel, ve’afilu).

Regarding tehum—even though the wine was koneh shevita chutz la’tehum קונה שביתה חוץ לתחום it can be moved within four amot (the entire house is considered four amot) and the issue of drinking it is not a tehum issue but a yom tov/hana’ah mimalechet shabbat (benefiting from melacha done on Shabbat) one which was addressed above. (See SA OH 405:9.)

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