Q. (See question 2199, for Otzar Beis Din definition). Good morning Rabbi. I received as a gift a wine from Israel that says on the label: "otsar bet din exported after biur".
I would like to return the bottle to the LCBO and exchange it for another wine.
Is there an issue of giving Shmita produce to a non jew ?
Thank you for looking into this matter. (See picture att.)
A. As mentioned in the prior question wine marked “Otzar Bet Din” has kedushas Sheviis and must be treated accordingly. It has many limitations advised by Poskim, (although some disagree), such as he wine should not be intentionally wasted, even for “ritual” purposes. Therefore, if such wine is used for Havdalla, the customs of pouring out a bit of wine and extinguishing the candle in it, or placing drops of wine in one’s pockets, etc. should not be observed. Similarly, if this wine is used at the Pesach Seder, the custom of spilling out drops of wine while reciting the Ten Plagues should also not be observed.
It is forbidden to cook wine with kedushas Sheviis since this is not the ordinary way of using it. One should note, therefore, that wine marked Otzar Bet Din is not mevushal. In principle, produce of the Shemita year should not be removed from the land of Israel. Therefore, one who is traveling abroad should not take Otzar Bet Din wine with him.
In spite of the above, some Batei Din do allow the export of wine made from grapes that were grown specifically for this purpose, and therefore one may find bottles of Otzar Bet Din wine, with kosher supervision, in other countries. If one obtains such a bottle of wine abroad, and one considers the hechsher reliable it may be used but should be treated with kedushas Sheviis.
Due to the many limitations described, Horav Shlomo Miller's Shlit'a opinion is that, the wine cannot be exchanged at a liquor store for another wine. The Rov suggested to return the wine to the one who gave it, explaining that he does not rely on that hechsher or sending it back to the particular Otzar Beis Din in Eretz Yisroel who dealt with it.
Rabbi A. Bartfeld as advised by Horav Shlomo Miller Shlit'a.
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