Kosher Whisky - a brief introduction

Kosher Whisky - a brief introduction

Ralph Katzenell

            Can a whisky be "kosher" or "not kosher"? Watch a religiously observant Jew cautiously verify that the Glenmorangie is the regular distillery 10 y.o. and pour himself a generous tot, but recoil instinctively from any Macallan and the answer is a clear, emphatic "Yes". To investigate this arcane corner of the whisky world, we need to understand what is meant by "kosher" and how the concept is applied to whisky.

            The word "kosher" means "fit for the purpose", "fit" meaning meeting the requirements as dictated by religious law. Kashrut (pronounced 'kash-root'), the general noun used for the topic, applies to all aspects of life: clothing, books, work practices, tools, cooking and eating utensils, and, of course, food and drink.

            The Jewish people, since its inception at Mt. Sinai, accepts an ongoing contractual commitment to regard what may or may not be eaten as uncompromisingly central to its relationship to God. It is part of "the Law", as handed down by Moses. Open your bible, and read Exodus carefully. You will find that there are many laws, simple or obscure, that relate to the production and preparation of food and drink; look, for example, at 23:15, which we shall refer to later. This centrality is reflected in the almost ungraspably vast legacy of law, custom, and practice of Kashrut. Kashrut, in one way or another, defines what is of the Jewish people and what is not.

            In our times, only a recognized authority can issue Kashrut certification, called a "Hechsher". Of course, each individual and community can always choose which authority to respect. There is not now, and never has been, a single all-encompassing authority. In the US, one widely recognized authority is the Orthodox Union. In the UK, it is Kedassia. In Israel, there are literally dozens of them, the strictest being that of the "Eda Hari'deet".

The law on Whisky Kashrut

            The law on Whisky Kashrut was subject to considerable local interpretation up to the early 1950's. We must bear in mind that at that time, whisky production was far less controlled than it is today. In particular, the prior history of casks, or the staves which were recut for incorporation into casks, was simply not documented. And there was limited recognition or willingness to provide detailed disclosure as to process and content.

            The initial discussion of problems with whisky kashrut, with a focus on blended whisky, was first publicized in print by Rabbi Pinchas Tietz z"l in 1948. However, it seems that he probably discussed this issue as early as 1944 with Rabbi Moshe Feinstein z"l of New York. The latter was one of the giants of Jewish Law, and was called "Passok Hador" or the "definitive legislator of that generation". His commentaries and rulings on the matters relating to whisky kashrut were published in Iggerot Moshe, Yoreh Deah, Volume 1, Teshuva 61 - 63 and his views continue to be held as very important. However, in some ways these legal life-style directives are inconclusive in that they left open much to local interpretation. Nor can it be dismissed that the Scotch Whisky industry itself did not as yet have a full understanding of all the various influences on whisky production. Nevertheless, it still serves as the guiding light for much of the subsequent legal discussion and ruling. By the middle '50's this had now become a matter of substantial interest. A review of the religious literature to date, with much focus on the issue of "contamination by forbidden wine"  was undertaken by Rabbi Yitzchak Ya'kov Weiss z'l, of Manchester, London and then Senior Judge in Jerusalem of the Eda Haredit religious court, published in his work "Minchat Ya'akov" in 1955. For the curious the first page is shown here. Later, derivative rulings that take into account more available knowledge can be found in the works of Rabbis Beisky and Shachter.

            Historians of Scotch whisky would find many esoteric details of direct relevance to production in these documents. It is unfortunate that none of the well-known authors have addressed these sources. In their defense, one might say that they are written by experts for experts, in a highly compressed format, in a foreign language and script. But that should not deter the professional. Whisky kashrut today remains a lively topic of importance. With new production developments in the industry, interest can be expected to remain high.

Kashrut classifications

            There are varying degrees of Kashrut classifications in Jewish popular culture:

Treif - Not kosher! (with emphasis). Renders not kosher everything with which it comes in contact.

Not kosher - Forbidden. Specific categories of food, such as shellfish, carrion birds, etc.

Pasool - Might have made it, but for one reason or another rejected.

Acceptable but not recommended - No overwhelming reason to negate the Kashrut, but the observant will regard this with caution, and may reject it.

Acceptable - There is evidence that the product is kosher, although not specifically certified.

Kosher - Acceptable to the observant, and certified as such. The general community standard.

Glat kosher - Kosher above and beyond all possible question of doubt, even for the most strictly observant of the Law.

            A recent commercial invention is Glat kosher l'mehadrin, a sort of Orwellian DoublePlusOver. Very glat kosher l'mehadrin is a recent creative innovation from the catering industry, ever anxious to outdo their competitors. And heard in a jingle on Israel Radio Channel 7, an astounding but exasperating Really very glat kosher l'mehadrin indeed!!

Put simply, some things may be eaten, and others not. That which is forbidden may contaminate the otherwise permitted by inclusion or contact. However, in certain cases the act of dilution of a non-kosher constituent by a factor of 6 (and in other cases 60) may be a cause for permitting consumption.

Whisky, Passover Kashrut and the sale of "Chometz"

            The observance of Passover (see Exodus 23:15), popularly known as the "Feast of Unleavened Bread" is deeply interwoven with Kashrut. The very process by which whisky is made involves 'leavening', the germination of grains. All and any products which contain material derived from the grain which underwent the leavening process are, therefore, absolutely and beyond discussion, not Kosher for Passover ("kosher l'pesach") and any Hechsher will state this clearly. Prior to or during Passover, it would be untactful to offer a religiously observant Jew a kosher or otherwise acceptable grain spirit. The offer will have to be refused. On the other hand, vodka distilled from potatoes may well be acceptable!

            So fundamental is the observance of Passover Kashrut to the community that for the duration of the festival (8 days in spring) the Law requires that no products derived from grain that has undergone leavening ("Chometz") be owned by anyone belonging to the Jewish people. It must be sold, and the sale must be genuine. If anyone in the distribution chain is Jewish and owns whisky (or any otherwise permitted foodstuff), and does not sell it before Passover, all products in his possession at that time become permanently not kosher and forbidden. Custom and practice, with the approval of the Law, provide mechanisms whereby the sale may be done so that restoration of ownership takes place after Passover. At least two well-known distributors in the New York area are known to comply.

The Kashrut of whisky additives

The cleaning agents in the wash-backs and the bottling lines, and the care taken to separate batches on the bottling lines, have to be considered. The colouring agents added to many whiskies are problematic in that they may not be kosher, or may even be treif. The materials used to prevent foaming during fermentation or distillation may or may not be kosher.

            There are classes of foodstuff, which, for historical and cultural reasons, are not merely not kosher, but treif. Fairly well known is porcine products. Another, less well-known to the general public, is wine. To guard against accidental transgression, all wines that are not certified as kosher are, by definition, not kosher and strictly forbidden.

            As we know, sherry is a wine product, as is port and madeira. The casks in which they are stored are therefore not kosher. We know that the very purpose of using such casks is that they impart something of their history to the maturing whisky. Which then becomes, by contamination, not kosher. Even more seriously, some good casks are not broken down into staves, but are shipped whole, and re-used as received. Glen Keith is said to be filled this way. Although emptied at bottling, some 6 litres of previous content can 'weep' from the wood. The total amount of additive can therefore be very significant.

            Bourbon whisky is generally accepted to be less problematic. What then of whisky matured in bourbon casks? Here we have a situation in which a whisky might be kosher, given that other conditions are met.

Ownership, control and inspection

            Is the organisation responsible for the production Jewish owned or managed (in the sense of being responsible for work scheduling) and works on the whisky on the Sabbath? Not kosher! Does the organisation make available for inspection and control all ingredients and production processes? Production here means every single stage through to bottling, packaging and shipment. Can it assure the authority that no non-kosher product is involved? If so, then the whisky may be deemed acceptable. If actual inspection and control by the Kashrut authority is in place, a Hechsher may be issued.

Kosher spirits

            Several spirits currently have a Hechsher. Besides a few whiskies, which are discussed in more detail below (the Hechsher shown is that of Hamashkeh, a blended Scotch), there is Tishbi Baron Estate Brandy, an international prize winner in the 3 y.o. category. A little sweet and, I think, a bit on the thin side. However, being a kosher wine product, it has a Hechsher which also covers Kosher for Passover. Might be worthwhile to look at their 12 y.o. when it comes out in about 6 years.

The clear-cut cases - non-kosher whisky

            Some casks are so deeply impregnated by their previous contents that the influence on the character of the whisky is not only observable to the general public, but intentionally creates part of the flavour profile of the whisky. Such for example, is Macallan. Particularly because Macallan deliberately uses only ex-sherry casks, all Macallan is deemed not kosher. Even the occasional unusual Macallan said to be produced in bourbon wood would probably be considered not kosher by association. Remember that disclosure and/or supervision, right through to the bottling line, would be required to establish Kashrut.

            Any whisky, matured in whole or part in sherry, port, madeira, cognac or wine casks such that the intention was to create that character influence is not kosher. From Balvenie 21 y.o. Port Wood Finish to Glenmorangie Tain l'Hermitage, the situation is not subject to confusion. Straight-forward not kosher. Any whisky matured in a cask to which wine products (such as paxarette) were impregnated or added prior to filling is not kosher. Finally, any whisky produced by an organization which refuses to disclose production details is presumed not kosher.

The grey areas of Whisky Kashrut

            So far, so good. But all rather uncompromising. The Law frequently makes allowances for real-life difficulties, and most authorities are willing to bend a little with the wind. As noted above, Kashrut allows for accidental contamination by small quantities of non-kosher substances. And the casks are toasted, to a greater or lesser extent. Burning is a recognized procedure for rendering suspect non-kosher vessels kosher. The original concept of 'accidental' has been stretched somewhat to include what today would be recognized as 'deliberate with intent to influence the character'.

            Thus there are categories of whisky which give rise to areas of judgement where the opinion of an expert must be sought. Among these are single malt whiskies, blends (or vatted whiskies) which may contain non-kosher whiskies, and whiskies matured in 2nd, 3rd or 4th fill casks.

Single malt whisky

            The Kashrut authorities tend to recognize the good will and intention of the Scotch whisky industry to strive towards strict quality. Their disclosures tend, therefore, to be believed. On that basis, assurances by manufacturers that claim that a product is made exclusively by maturation in ex-bourbon casks tend to be accepted. Single malts such as Glenmorangie 10 y.o. and Balvenie Single Barrel are thus acceptable; on the other hand, Balvenie Double Wood, Glengoyne and Glenmorangie 18 y.o. are not recommended.

            A modern view would probably accept a claim on the label or manufacturers tasting note that the single malt was exclusively matured in ex-bourbon casks; such whiskies would be acceptable. Where the documentation makes specific claim to maturation in ex-wine casks the whisky would not be acceptable. It would be reasonable to classify all Glenfarclas and Lagavulin 16 y.o. in this group.

            In practice, if you are convinced that you can detect sherry, madeira, port, cognac, etc influence in your dram, then for you that whisky is not kosher (unless a reliable ruling has been issued to the contrary).

Blended whisky

            According to Rav Feinstein z"l all blended whiskies could be acceptable by reason of dilution. He also gives 5 reasons to abstain from blended whisky (as opposed to single malts!). Based on this, the OU and Kedassia take the position that all blended whiskies are not recommended, although not necessarily forbidden. The OU classifies J&B Select by name as not recommended, but, however, lists as acceptable a list which includes most famous blends, such as Chivas Regal, Cutty Sark, Dewars, Passport, Pinch and the JW blends. This creates a curious situation, because in Israel JW Red and JW Black are prominent at many public catering venues who may be presumed to be anxious to maintain their reputation for glat kashrut. Can anyone throw light on this?

            One blend specifically is certified kosher. "Hamashkeh" (meaning "the drink") is a blend made by Invergordon, marketed by S & J Sales, 8 Timberwharf Road, Tottenham, London N16, and with a Kedassia Hechsher. Claimed to have a high percentage of malts, but difficult to find, and very pricey when you do. They have been considering a single malt for some time, but no evidence of it yet. Certified not kosher for Passover, as is clear from the emphatic reaction below! The author inquired with Kedassia about the kosher status of Hamashkeh; the reaction was written on his inquiry and faxed back.

Cask influence

            The more a cask has been used, the less influence it has on the character of the whisky. Thus the cheaper and nastier the blended whisky, the less likely that it contains significant sherry influence. Furthermore, the more likely that it has been matured in older bourbon casks. Modern authorities are thus inclined to find the cheaper and nastier blended more acceptable than the better ones.

Irish whiskey, Canadian whisky, Bourbon and Rye

            Irish whiskey in general has not used sherry casks in significant numbers. It is acceptable, but not recommended. The North American whiskies are in general considered acceptable, in that they do not use sherry casks. One bourbon is specifically certified kosher: Old Williamsburg No. 20, a 3 y.o. Kentucky Straight Bourbon has a Hechsher from "Hisachdus Harabonim" ("The Union of Rabbis") and the advertising claims that this whiskey is Kosher for Passover. The detailed justification of this remarkable claim is very hard to come by. Any enlightenment will be most welcome.

            The situation with Canadian whisky merits considerably more attention than it is given. Canadian law permits up to 9.09% of additives. Not only that, but the addition of wine is specifically permitted (see Canadian Customs and Revenue Circular ED 203-1, para 7). From a Kashrut point of view, this could be reasonably expected to be of significance. There are reports that Black Velvet, exported to the US, contains up to the limit of orange juice, whereas the Canadian domestic product has none. Tangle Ridge 10 y.o. from Alberta Distilleries is also reported to have a high percentage of additives, possibly prune juice although grape juice is also available. Information on other constituents which might be considered contamination is not well documented by the Kashrut authorities.

Bozwin 'Palestine' whisky - an enigma

            Michael Jackson's 'World Guide to Whisky' features (on page 4) a photo of the label of Bozwin No. 24 Palestine Whisky. Curiously, this whisky clearly proclaims on the label to be "kosher l'pesach" (Kosher for Passover). As we have seen, whisky is, almost by definition, not kosher for Passover. Any further information on the origin and production of this enigmatic whisky is so far lacking; anyone?

The dynamic nature of Kashrut

            The Kashrut of any given product is not attested to and then stays fixed that way forever. As production processes and additives change with time, deeper knowledge of the product becomes available, so too may the Kashrut status change. For those for whom Kashrut is important, last year's opinion is of limited value. An up-to-date reliable guide is essential.

Sources of information

            Those who are even moderately interested in the Kashrut of whisky might be forgiven the uncomfortable feeling that quite a few problematic areas are being avoided. Nevertheless, those who are genuinely anxious to observe Kashrut should address their concerns to a recognized Kashrut authority, such as the OU (337 Seventh Avenue - 18 fl. New York, NY 10001-5072; fax: 1-212-6130689) or Kedassia (140 Stamford Hill, London N16 6QT; fax: 44-208-8097092). But bear in mind that not all authorities agree on the specifics of every case.

www.ou.org/kosher/default.htm

The American Orthodox Union issues an informative document called LCHAIM!, covering all alcoholic beverages, which is updated from time to time. This lists a large number of drinks by product name. Refer to the OU for the latest update. However, even their (1996) documentation has to be approached with care, because for example, it lists Glendronach (with no specifics) as acceptable. And we all know that Glendronach has two 12 y.o.'s, and one is a very sherry-influenced single malt!

www.crcweb.org/Alcohol.htm

The site run by the Chicago Rabbinical Council. Oh dear! Someone is definitely not on the ball, either on the subject of whisky Kashrut or providing information to the general public via a web-site. They allow Glenmorangie 10 y.o. and 18 y.o.; the 18 y.o. is, of course, specifically forbidden by many other authorities, including the OU.

www.momentmag.com/archive/dec00/olam2.html

A radical view of the Kashrut status of whisky which is touchy-feely American 'I'm-all-right You're-all-right'. Unlikely to gain respect from anyone to whom the matter is genuinely important. An interesting example of the genre.

www.kashrut.com/articles/liquor2/

A list of acceptable liquors. It doesn't take much background to see that the criteria for inclusion are on the liberal side, to say the least! Also contains a short article covering some aspects of Kashrut as applied to a wide variety of liquors, by Rabbi Tzvi Rozen. For the novice only.

pw2.netcom.com/~data-boy/kosher.html

California Anash weekly listing; a weak source, derived from other lists.

www.kosher-wine.com

Information on kosher wines.

Disclaimer

            The above material is personal comment by a lay, non-observant malt whisky enthusiast, without any authorized training or certification in Kashrut. The views are those of the author only and have no official standing whatsoever.

Thanks to Bill Legge for providing a scan of the label of Old Williamsburg.

© 2001/2002 Ralph Katzenell