By Rabbi Y. Teichman & Rabbi T. Heber
The Secret is out of the Barrel1
Months of extensive and exhaustive research into the kashrus of uncertified Canadian whisky has revealed its true colours.  Red and white are not only the colours that we paint on the Canadian national flag, they are also the colours of wine; wine which has apparently long been a significant ingredient in the production of many popular brands of Canadian whisky. The whisky industry is, by definition, full of secrets; and Canadian whisky manufactures are no exception. It was, therefore, quite difficult for the rabbis at COR to wade through the rumors  and theories regarding additives in order to obtain reliable and  precise information.  Notwithstanding the challenges, we were able to gather credible information through our relationships with local distilleries and by virtue of the respect that the COR has earned in the Canadian food and beverage industry over the decades. The purpose of this article is to present our findings along with an accompanying halachic discourse in order to determine the kashrus status of Canadian whisky.
Non-Kosher Tax
The issue that we set  out to clarify was  whether Canadian whisky is generally a pure  grain  alcohol  or is it more  likely to have  a mixture of ingredients, including non-kosher wine that might affect its kashrus status. Canadian law is rather loose regarding the definition of Canadian whisky.2   The code allows for added flavouring, which may include the introduction  of wine. We discovered that many manufacturers indeed take  advantage of this allowance for two reasons; firstly, to improve the taste of the whisky by smoothing out the naturally  rough  whisky flavour; and,  secondly, for tax-saving purposes. A large  percentage of Canadian whisky is exported to the  United  States in tankers and bottled  there.  Since  the U.S. excise tax rate for wine alcohol is much lower than it is for spirit alcohol, companies can save money by adding wine into the mixture. Fascinatingly enough, tax law seems to be the underlying cause for a legitimate kashrus concern regarding Canadian whisky.
Wine in Whisky: Six or Sixty?
Before we expound upon the finer points of our research, it is pertinent to set out the basic halachic principles  that  govern  the  presence of non-kosher wine in whisky. While the nullification (bitul) of a prohibited substance  (issur)  that   was   inadvertently  mixed   into  a  permitted substance (heter) generally requires that the volume of heter is at least sixty times  greater than  the volume  of issur (batul b’shishim),  wine is an exception to this rule.3    Halacha stipulates that wine (issur) is batul in water (heter) when the dilution proportion is merely six times greater (batul b’shisha).4   Additionally, there  is a well-known dispute amongst the Poskim as to whether other  kosher beverages, excluding  kosher wine, have the same effect as water. Taz5 opines that non-kosher wine is batul b’shisha  in other such  beverages, such  as whisky, so as long as its volume  does not exceed 1/6th of the volume  of the beverage. Shach6  disagrees and  maintains that  only water  effects  wine at the smaller  proportion.  Other kosher beverages, including whisky, require the standard proportion  of sixty times; bitul b’shishim.  Rav Moshe Feinstein7  rules  in accordance with the  Taz and  states that  wine is indeed batul b’shisha  in whisky. Notwithstanding, Rav Moshe  advises scrupulous individuals to be stringent on the matter  and not to rely on this leniency.
Kashrus Audit or Tax Audit?
We set  out to determine the maximum  volume  of wine that might be added into Canadian whisky without compromising the aroma, taste and   character  generally attributed to  Canadian whisky.  Canadian whisky that is sold to the U.S. can only be labelled as Canadian whisky if  it contains not  more  than  9.09%,  1:11,  wine added to whisky for flavour.8  Since there is a tax benefit, Canadian distillers tend to take full advantage of the 9.09%  limit. Although this appears to fall well within the batul b’shisha  limit, it is actually not so simple. That is because the 9.09%  wine limit is measured by the volume of wine alcohol “Alcohol by Volume” (ABV) present in the mixture rather  than by the volume of wine present in the mixture.  Since  wine has  a lower alcohol  content than whisky, it will take more wine than 9.09% to effect an ABV content of 9.09%. The following example describes this calculation:
Chart 1: Example of Canadian Whisky Recipe
 
In the example, the completed beverage actually contains 17% wine, but since the wine has a relatively low percentage of alcohol (21%) it is calculated as if it only comprises 9.09%. Thus, from the perspective of halacha, the beverage contains more than 1/6th wine and the wine is not batul b’shisha.
Kashrus Loophole
Although the wine content allowed in Canadian whisky appears to be problematic, in fact, this is not the case. The wine that is used in whisky is “fortified wine” which contains 21% alcohol. Fortified wine is a wine to which a distilled spirit is added. Since regular grape wine is never more than 14-15% ABV, fortified wine uses spirits to increase the ABV. As an example, in order to yield 10,000 litres of fortified wine containing  21% ABV, 9200 litres of 14.5% wine would be mixed together with 800 litres of 96% spirits. The dilution effect in our example further complicates our ability to determine the true proportion  of wine to whisky. Another consideration is that often the wine used is not even grape wine.
More Detective Work
As  we  grappled with these calculations and  prodded our  contacts further  to help  us  determine whether Canadian whisky was  indeed halachically  problematic, we were  able  to uncover yet another inside industry  secret. When  fortifying wine for the purpose of realizing maximum  tax benefit,  companies try to use  the least  amount of wine possible to maximize  savings by diluting the  wine  in water  prior to adding  it to whisky. The new, diluted wine is more cost effective since the law allows the distillery to claim this portion of the whisky under the wine tax rate. In order to qualify as wine, the mixture must only contain 0.5% alcohol. The manufacturers, therefore, add water to the fortified wine, thereby, bringing down the alcohol  content to 0.5%.  Then  they add more spirits to restore the 21% alcohol content as can be seen in the following example:
Chart 2: Fortified Wine Breakdown
In Chart 1, the fortified wine component was 4,328 litres out of the total 25,000 litres. Chart 2 shows the actual breakdown of this fortified wine.
Using the above method of fortification, the actual wine content of Canadian whisky is below 1% and therefore not only is it batul b’shisha, it is even batul b’shishim. Furthermore, there is absolutely no dispute to the fact that water affects the wine as long as its volume is six times greater. Non-kosher wine will therefore not have any detrimental effect on the kashrus of Canadian whisky.
Forty Percent ABV
Another  relevant point to consider is that  approximately 50%  water is added to Canadian whisky after  it is aged and  prior to bottling in order  to bring the ABV down to 40%,  which is required by law. This means that irrespective of whether or not the wine was  already batul in water during the fortification process, it will become batul b’shisha in water which is added to the whisky later on. Remember that there is no dispute as to whether wine in water is batul b’shisha.
So, can we drink it?
COR staff presented the above findings to its Poskim who paskened that COR may continue to allow uncertified Canadian whisky at catered events under  its certification.9
Dissenting Opinion
Not every  kashrus organization continued to allow Canadian whisky subsequent to COR’s research into the  matter.  Others felt that  they should   not  continue to  recommend Canadian  whisky  unless it is known to be completely clear of non-kosher wine.10 This position is primarily justified due  to the  well-known position  of the  Rashba who holds that bitul, in general, can only govern  mixtures in which the issur had inadvertently became mixed into the heter. In cases, such as ours, where  the issur is used deliberately as an ingredient in the mixture, it can never be batul at any proportion.11 Many Poskim rule in accordance with  the  Rashba’s  opinion  when   it  comes  to  non-kosher  wine12, as well  as to  chometz  on  Pesach.13
Accordingly, there are grounds to consider the intentional mixing of wine as an ingredient in Canadian whisky, at any proportion, to be halachically problematic.
Concluding Argument
Many  disagree with  the  Rashba’s chumra,  in  general.14   Ashkenazic custom generally follows the position of the Rama who specifically  takes issue with the Rashba’s opinion as it pertains to    non-kosher    wine.15     Furthermore, some  argue  that   it  is   inappropriate to apply this chumra  other than to a prohibition   that   is  both   forbidden   for consumption (issur achila) as well as forbidden   from  deriving  any benefit  (issur hana’ah).  Logic dictates that it is the fact that the minor ingredient is assur  b’hana’ah that does not allow it to become batul at any proportion, according to the Rashba. Accordingly, it can be argued that the Rashba’s chumra  does not apply to contemporary non-kosher wine since,  according to many Poskim, it is not assur  b’hana’ah.16   As with all matters of halacha, one  should consult with their Rav for a final psak.
CORporate Policy
It should  be noted  that COR certification policy does not allow for the certification of any product  or beverage containing even  a  minute  amount of issur which is batul. COR would, therefore, not consider placing its symbol on a product which   contains  non-kosher  wine   or any  other  non-kosher ingredient at any proportion,  although it is permitted to consume the product.  In the near  future, one of the major brands of Canadian whisky will bear the COR label signifying that the particular  brand  contains either no added wine or, if wine is added, it is actually kosher certified wine.
1    The authors wish to thank Rabbi Sholom H. Adler shlit”a, Kashrus Administrator COR, for the role he played in leading the research  and subsequent  dissemination  of this subject. Rabbi Adler is a leading expert in the field of the kashrus. Rabbi Adler’s expertise and connections in the industry has made the research of the kashrus of Canadian whisky along with   this subsequent presentation possible.
2    Section B.02.020 [S] of the Food and Drug Regulation states: Canadian whisky, Canadian Rye whisky
or  Rye whisky shall (a) be (i) a potable alcoholic distillate, or a mixture of potable alcoholic distillates, obtained from a mash of cereal grain or cereal grain products saccharified by diastase of malt or by other enzymes and fermented by the action of yeast or a mixture of yeast and other micro-organisms,  (ii) be aged  on  a  small  wood  for  not  less  than  three  years,  (iii)  possess  the  aroma,  taste  and  character generally attributed  to Canadian  whisky, (iv) be manufactured  in accordance  with the requirements of the Excise  Act and the regulations  made thereunder,  (v) be mashed,  distilled  and aged in Canada (vi) contain  not  less  than  40  per  cent  alcohol  by  volume;  and  (b)  may  contain  caramel   and flavouring.
3    Shulchan Aruch, Yoreh Deah (YD) [98:1]
4    ibid. [134:5]
5    ibid. [114:4]
6    ibid. Haga’os Nekudas HaKesef
7    Shu”t Igros Moshe YD [1:62-64]
8    See, for example, http://www.lawgill.com/legal-and-practical-elements-of-the-9-09-canadian-whisky- blending-rule/
9    This follows the view HaRav Shlomo Miller shlit”a, Rosh Beis Din, Kollel Toronto
10  See, for example, http://www.crcweb.org/LiquorList.pdf
11  Bais Yosef YD [134:13] in the name of the Rashba
12  Shulchan Aruch YD [134:13]
13  Shulchan Aruch HaRav Orach Chaim (OC) [442:6]
14  Pischei Teshuva YD [134:8] bringing the opinion of the Noda B’Yehuda in the name of many Rishonim
15  ibid. [134:13] Rama cites his own comment in YD [114:4] which specifically states that non-kosher wine can be batul in other kosher beverages even if it placed there intentionally.
16  See Rema YD [123:1]

