Parashat Acharei Mot, which coincides this year with Shabbat HaGadol, the Shabbat prior to Pesach, begins with a reference to the deaths of Nadav and Avihu, the sons of Aharon HaKohen (Vayikra 16:1). The Midrash in Vayikra Rabbah (12:1) cites a suggestion that Nadav and Avihu were punished for having entered into the Mishkan while in a state of intoxication after drinking too much wine; Rashi, commenting on the passuk earlier in the Torah where their sudden death is initially recorded (Vayikra 10:2, s.v. vateitzei eish), presents this opinion as well. The reason behind this position is that the Torah immediately juxtaposes the instruction to Aharon that the Kohanim may not in fact enter into the Mishkan after drinking intoxicating wine to its initial description of the death of Nadav and Avihu (Vayikra 10:8-9), implying that that was indeed their error. The Gemara in Keritot (13b) explains that the prohibition to enter the Sanctuary after drinking wine, described by the Torah (ibid.) as a capital offense, applies not to all wines and not to any amount, but rather to the types of wines that are intoxicating and to a certain specific minimum amount; it is improper for one who drinks other wines and smaller amounts to enter the Sanctuary, but one who does so is not guilty of a capital offense. The Rambam codifies this ruling at the beginning of Hilchot Bi’at HaMikdash (1:1; see Kessef Mishneh there).

In its discussion of the type of wines which may not be imbibed before entering the Sanctuary, the Gemara there brings up yayin mi’gito, which means wine that comes fresh from the press, before it has fermented; in other words – plain grape juice. Although grape juice is not intoxicating, the Gemara clearly includes it in the category of yayin, wine; the question is whether grape juice may therefore be used for a mitzvah where wine is called for. The Mishnah in Pesachim (99b), for example, states that everybody, even the poorest person, must drink four cups of wine on the night of Pesach; the Gemara later (108b) states that this obligation is incumbent upon both men and women (see also the bottom of 108a there); the Rambam (Hilchot Chametz U’Matzah 7:7) and the Shulchan Aruch (Orach Chaim 472:8 and 473:4) rule accordingly. Is it permissible, then, for one to use grape juice on Pesach night for (one, some or all of) the four cups which technically require wine? The answer to this question depends on several factors, touching on several halachic issues, as outlined below.

It must be stated a the outset that our grape juice today is not the same as the grape juice described in the aforementioned Gemara which comes fresh from the press, as our grape juice is processed; specifically, it is heated, or cooked as part of the pasteurization process, and is therefore classified among those wines which are mevushal, which simply means cooked. The Mishnah in Terumot (2:6) states that if one has both mevushal wine and non-mevushal wine, and, in fulfillment of the mitzvah of terumah, he has to take off the requisite percentage of each in order to give to the kohen, he may give the kohen a greater amount of non-mevushal wine so as to cover his obligation regarding the mevushal wine, but he may not give him a greater amount of the mevushal wine so as to cover his obligation regarding the non-mevushal wine. The Rav MiBartenura there (s.v. veyayin) explains that this is because non-mevushal wine is of higher quality; it would thus be improper to “short-change” the kohen by giving him more of the lower quality wine. This ruling is codified by both the Rambam (Hilchot Terumot 5:18) and the Shulchan Aruch (Yoreh De’ah 331:63). It must be noted that not everyone agrees to this assertion about the quality of  mevushal wine, as is evident from the Mishnah later in Terumot (11:1); see the comments of the Tosafot Yom Tov there (s.v. Rabbi Yehudah). See, however, the Yerushalmi in Terumot (2:3, 13b) with the comments of the Pnei Moshe (s.v. deRabbi Yehudah and s.v. Rabbi Eliezer) for a different understanding of this issue. It is clear, though, that at least according to some, mevushal wine, which would include today’s grape juice, is an inferior product, although that fact would not necessarily disqualify its use for the Arba Kosot on Pesach.    

The Gemara in Bava Batra (97a), however, teaches that the wine used for Kiddush on Shabbat must be the kind of wine which is fit to pour on the mizbeiach as a libation offering, even if it’s not ideally suited for that purpose (as long as it is technically acceptable). The Gemara then discusses which types of wine are excluded based on this rule, noting (ibid. 97b) that grape juice which comes straight from the press may in fact be used. This does not, though, suggest any leniency about our grape juice today because as stated above, our grape juice is mevushal and may thus have a different status. Indeed, Tosafot there (to 97a, s.v. ileima) posit that the Gemara does not bring mevushal wine into the discussion at all because the berachah of borei peri hagafen is not even recited over such wine; they conclude by citing the opinion of Rashi and others that one recites the berachah of shehakol over mevushal wine since the cooking process has made it into an inferior product (see Rashi to Berachot 38b, s.v. kol, that certain cooked produce is considered inferior and thus the berachah recited over it is shehakol). This position regarding the berachah over mevushal wine is agreed to by the Rif (Shu”t HaRif No. 295) and by a number of other authorities quoted by the Tur (Orach Chaim 272); they hold that it is therefore not suitable for Kiddush because it is simply not considered wine, as it is in fact so far removed from wine that it does not even have the same berachah as wine. It would thus appear that our grape juice today (as well as wine which is mevushal) would not be acceptable for the Arba Kosot on Pesach.

According to some, however, our grape juice, and certainly our mevushal wine, may not be included among the grape products which these authorities hold require the berachah of shehakol. The Meiri in Avodah Zarah (Beit HaBechirah to 29b, s.v. lo huzkar), for example, in defining exactly what is meant by wine which is mevushal, states that it is wine whose taste (and/or its smell and appearance) has been so altered by the cooking process that it no longer resembles regular wine at all; the Chida (Kikar LaAden Chapter 6, Hagahot to Yerushalmi Terumot 8:5, s.v. hachad) appears to concur. As such, this classification may not apply at all to grape juice and mevushal wine today, as these beverages are reasonably similar in taste, smell and appearance to regular wine, and the berachah of shehakol would thus not suffice for them. Moreover, many authorities, including some cited by the Tur there, disagree with this entire assertion that the berachah for mevushal wine (of any kind) is shehakol, and they hold that the berachah is in fact borei peri hagafen, just as it is for any wine; if so, it would be perfectly acceptable to use grape juice (or mevushal wine) for Kiddush (and for the Arba Kosot). This is the position of, among others, the aforementioned Tosafot in Bava Batra and of the Rosh there (6:10), who cites Rabbeinu Tam as holding that the cooking does not have a negative impact on wine which is significant enough to warrant a change of status in terms of its berachah. Tosafot in Pesachim (109b, s.v. arba’ah) rule explicitly that mevushal wine requires the berachah of borei peri hagafen and may be used for Kiddush and for the Arba Kosot; the Ritva in Avodah Zarah (29b, s.v. amar Rav Chisda) affirms that it is considered wine for all halachic purposes

Another concern which applies to grape juice, however, is brought up by the Rambam (Hilchot Shabbat 29:14), who writes that wine to which any honey has been added is ineligible for use on the mizbeiach as a libation offering, and thus cannot be used for Kiddush; the Maggid Mishneh there notes that this is the case even though the berachah over such wine is borei peri hagafen. The Mishnah Berurah (Orach Chaim 272:21) notes that the same would be true of wine to which sugar has been added; any sweetened wine, then, including grape juice, would therefore be disqualified. The Maggid Mishneh there points out, though, that many authorities disagree with this entire assertion and permit sweetened wine for Kiddush; the Rashba (Shu”t HaRashba 1:24) is clearly among them. In view of all of the above, the Shulchan Aruch (Orach Chaim 202:1) rules that all wines require the berachah of borei peri hagafen, including mevushal wine and sweetened wine. He then rules later (ibid. 272:8) that one may recite Kiddush over mevushal wine and over sweetened wine; there, however, he acknowledges the dissenting opinion, and the Rama adds that it would be better not to use these wines if one has non-mevushal or non-sweetened wine which is of a higher quality (see Mishnah Berurah there, No. 23). In any case, though, it would appear that grape juice may indeed be used for Kiddush, and the same would be true of the Arba Kosot on Pesach, though some hold that wine is preferable nonetheless, as the Gemara in Berachot (35b) says that wine was assigned the unique berachah of borei peri hagafen specifically because it has the capacity to both satisfy and gladden someone, implying that to fully qualify as wine, the beverage must be at least somewhat intoxicating (see Shu”t Har Tzvi, Orach Chaim 1:155, who expresses this preference; see also, however, Shu”t Minchat Shlomo 1:4 and Shu”t Yechaveh Da’at 2:35 who are more lenient).

There is, however, one more issue to consider regarding the Arba Kosot in particular. The Gemara in Pesachim (108b) speaks about a requirement on Pesach to express “cheirut,” freedom, in connection with the Arba Kosot; the Rashbam there (s.v. yedei cheirut) explains that the wine should be “chashuv,” a significant or dignified drink. The Rambam (Hilchot Chametz U’Matzah 7:9) speaks in this regard of drinking wine which one finds pleasant or enjoyable; the idea would seem to be that one aspect of the wine on Pesach is that it is a “toast” to our freedom. If so, one could question the use of grape juice for this purpose, as it is not a special drink and it is not usually used for a toast. The Shulchan Aruch (Orach Chaim 472:12) does allow wine which is mevushal and the kind of wine similar to our grape juice, but the Shulchan Aruch HaRav there (No. 17) and the Mishnah Berurah (No. 39) express a clear preference for wine because of this idea that a more significant beverage is what is called for on Pesach. Rav Tzvi Pesach Frank (Mikra’ei Kodesh, Pesach Volume 2, No.35) and Rav Moshe Feinstein (cited by his son Rav Dovid Feinstein in the Halachah section of Hagadat Kol Dodi, Chapter 3, Nos. 4 and 8) likewise rule that wine is preferable to grape juice even if one doesn’t enjoy wine as much, because drinking grape juice doesn’t properly demonstrate cheirut. On the other hand, though, Rav Yosef Dov Soloveitchik (cited in Nefesh Harav, Likutei Hanhagot Be’Inyan Arba Kosot, No. 4, p. 185) held that if one prefers grape juice to wine, it is actually better to use grape juice for the Arba Kosot because the Rambam quoted above speaks of drinking what one finds pleasant, and he says that it depends upon the individual’s personal taste. It is widely reported (see, for example, Siddur Pesach KeHilchato, Volume 2, Chapter 3 Note 25) that the Chazon Ish used grape juice for the Arba Kosot. One should follow the directive of his own Rav.