Q. B”H Dear Rabbi, A person had opened a soda can and I put it (somewhat opened) in the refrigerator overnight. What is the halachic status of the soda can drink regarding “Megule”?

A. The prohibition of “Gilui” or uncovered is a rabbinic injunction mentioned in Mishnayot Terumoth 8:4, Talmud Chulin 9b, Avodah Zarah 30, and other places, and was instituted as a protection for fear that a snake drank from the liquid while it was unguarded and cast its venom into it. This prohibition applies to wine, water and milk that were left uncovered without supervision long enough for a snake to come out of a hole nearby, drink from it and return to its hole unobserved. The sages issued this prohibition based on the Biblical command of “Greatly beware for you soul’ (Devarim 4:9). The Gemara in Chulin (ibid.) adds that a prohibition instituted because of fear of danger has to be treated more strictly than an ordinary prohibition. Tosafot on Avodah Zarah 35a comments that in our days when snakes are not prevalent in settled areas, this prohibition does not apply anymore. Based on the above, Shulchan Aruch, Yoreh Deah 116:1, states that: In our days when snakes are uncommon it is permitted”.

However, Pischei Teshuvah (ibid.) quotes the opinion of the Shelah that a careful person should distance himself from them as they (Gilui prohibitions) are all mentioned in the Tur. He mentions too that the Gaon of Vilnah was extremely cautious on this prohibition.

P’as Hashulchan2:32, adds that they are other hidden reasons to Gilui besides the one quoted in the Talmud. The Be’er Moishe (Rav Moishe Stern) p. 230, mentions that nowadays only “Yechudei Segulah” are stringent on this prohibitions, yet his own mother was very careful not to drink water that was left uncovered all night, and that in Eretz Yisroel in certain places (where snakes are common) the prohibition applies. In sefer Shaarei Torath Habais p. 313, after mentioning that the Gaon of Vilnah and the Chazon Ish were stringent, and it is indeed a quality of “Chasidut” to do so, however it is not for everyone, and if someone is unaware of the details of this Halacha, he should not be stringent and discard good usable food or drink, because of the inherent prohibition of  “B’al Tashchis” (destroying usable items) which is more severe.

It should be mentioned that in regards to Kidush on Shabbat, Mishne Berurah 272:3 mentions that wine that was left uncovered for a long period should not be used for Kidush. Not because of the Gilui prohibition as above, but because it is not anymore of the prime and highest quality of wine that should be used preferably for Kidush.

As is, originally Gilui prohibition applied only to the drinks mentioned above, even wine is only prohibited when it is not bubbly (as during fermentation, see Tur ibid.), Even if the type of bubbles may be different, so there should be no reason to be stringent on a partially uncovered can of soda (as is the nature of the opened cans today), specially when it was left inside a refrigerator. Notwithstanding the above, it is worthwhile to mention that I know of a case were someone left, during the summer days, an uncovered can of sweetened drink, and when he later drank from it, he was painfully stung by a bee on the inside of his mouth.

Rabbi A. Bartfeld – Revised by Horav Shlomo Miller Shlit”a