Is our Milk Kosher?: Difference between revisions
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Rav Hershel Schachter explains that while it is true that both chazaka and kol d’parish m’ruba parish would suffice to permit the milk of of an individual cow, the statistical reality reveals that once the milk from multiple cows is mixed together<ref> [http://traditionarchive.org/news/_pdfs/55-70%20Bleich.pdf Rav JD Bleich] writes that modern commercial milk is produced as a mixture of hundreds of cows. See also, Tov Lev (p. 57) who quotes the statistic that 45% of commercial milk comes from farms with 500 dairy cows or more.</ref> there is a large incident of taref milk mixed into the general pool of milk.<ref>Tov Lev (Siman 5, p. 57) citing Rav Schachter. See [http://www.yutorah.org/lectures/lecture.cfm/750416/Rabbi_Michoel_Zylberman/The_Kashrut_of_Commerically_Sold_Milk Rabbi Zylberman’s article on yutorah] regarding Rav Schachter’s opinion. Rav Gavriel Iliavitch (Kovetz Bet Aharon VeYisrael kislev 5763 p. 66-76, nissan 5763 p. 124-136) similarly feels that there is reason to question the kashrut of milk and at best leaves it as a question on the minhag.</ref> The basis for his argument is that chazaka and rov are only principles that guide halacha whenever a circumstance is unclear, however, they do not pretend to clarify the reality to conform to its principle and if the reality is shown to be otherwise we should follow the reality and not chazaka or rov.<ref>Rav Elchanan in Kovetz Biurim (Shev Shemaytata no. 4), Shaarei Yosher (Shaar 3 ch. 4 s.v. velechen)</ref> As long as the amount of non-kosher milk in the mixture is greater than 1.7% then the entire mixture becomes non-kosher. That is based on the fact that liquid mixtures of a similar type require 60 time of the kosher ingredient in order to nullify the non-kosher one.<ref>Shulchan Aruch YD 98:2 rules that a liquid mixture of similar types with both kosher and non-kosher ingredients, the entire mixture is kosher only if the volume of the kosher ingredients is 60 times the volume of the non-kosher ingredients. The Shulchan Aruch holds that this is only a rabbinic requirement in accordance with most rishonim, such as the Tosfot (Chullin 97a s.v. amar rava), Ran (Chullin 34b), Rosh (Avoda Zara 7:29), and Rambam (Maachalot Asurot 15:6), and Rashba (Torat Habayit 16a), unlike Rashi (Chullin 109a s.v. VeTu) who says there’s no nullification in mixtures of like types. See further on the [[Nullification]] page.</ref> Effectively, according to Rav Schachter, the regular consumer milk, which is a production of mixing the milk from multiple cows, would be non-kosher. Additionally, note that Rav Schachter leaves his argument as a question and not a pesak. </p> | Rav Hershel Schachter explains that while it is true that both chazaka and kol d’parish m’ruba parish would suffice to permit the milk of of an individual cow, the statistical reality reveals that once the milk from multiple cows is mixed together<ref> [http://traditionarchive.org/news/_pdfs/55-70%20Bleich.pdf Rav JD Bleich] writes that modern commercial milk is produced as a mixture of hundreds of cows. See also, Tov Lev (p. 57) who quotes the statistic that 45% of commercial milk comes from farms with 500 dairy cows or more.</ref> there is a large incident of taref milk mixed into the general pool of milk.<ref>Tov Lev (Siman 5, p. 57) citing Rav Schachter. See [http://www.yutorah.org/lectures/lecture.cfm/750416/Rabbi_Michoel_Zylberman/The_Kashrut_of_Commerically_Sold_Milk Rabbi Zylberman’s article on yutorah] regarding Rav Schachter’s opinion. Rav Gavriel Iliavitch (Kovetz Bet Aharon VeYisrael kislev 5763 p. 66-76, nissan 5763 p. 124-136) similarly feels that there is reason to question the kashrut of milk and at best leaves it as a question on the minhag.</ref> The basis for his argument is that chazaka and rov are only principles that guide halacha whenever a circumstance is unclear, however, they do not pretend to clarify the reality to conform to its principle and if the reality is shown to be otherwise we should follow the reality and not chazaka or rov.<ref>Rav Elchanan in Kovetz Biurim (Shev Shemaytata no. 4), Shaarei Yosher (Shaar 3 ch. 4 s.v. velechen)</ref> As long as the amount of non-kosher milk in the mixture is greater than 1.7% then the entire mixture becomes non-kosher. That is based on the fact that liquid mixtures of a similar type require 60 time of the kosher ingredient in order to nullify the non-kosher one.<ref>Shulchan Aruch YD 98:2 rules that a liquid mixture of similar types with both kosher and non-kosher ingredients, the entire mixture is kosher only if the volume of the kosher ingredients is 60 times the volume of the non-kosher ingredients. The Shulchan Aruch holds that this is only a rabbinic requirement in accordance with most rishonim, such as the Tosfot (Chullin 97a s.v. amar rava), Ran (Chullin 34b), Rosh (Avoda Zara 7:29), and Rambam (Maachalot Asurot 15:6), and Rashba (Torat Habayit 16a), unlike Rashi (Chullin 109a s.v. VeTu) who says there’s no nullification in mixtures of like types. See further on the [[Nullification]] page.</ref> Effectively, according to Rav Schachter, the regular consumer milk, which is a production of mixing the milk from multiple cows, would be non-kosher. Additionally, note that Rav Schachter leaves his argument as a question and not a pesak. </p> | ||
<p class="indent">On the other hand, Rav Asher Weiss (Minchat Asher Shemot siman 43) argues that principally we view each cow as kosher because of kol d’parish m’ruba parish and even when their milk is mixed up the milk from each cow retains its kosher status despite the overall statistic. His primary argument is that once we have a halachic principle to state that the milk is kosher the halacha ignores the physical reality or statistic. One proof for his argument can be derived from Gemara Zevachim 73b which implies that once the principle kol d’parish m’ruba parish is employed even if the items are later mixed up, the remain kosher. Another proof is the Rama who states that the cheese made from many unchecked cows who were only considered kosher by merit of a chazaka remains kosher. This gemara is cited by the Rosh (Chullin 7:37) for a similar point. </p> | <p class="indent">On the other hand, Rav Asher Weiss (Minchat Asher Shemot siman 43) argues that principally we view each cow as kosher because of kol d’parish m’ruba parish and even when their milk is mixed up the milk from each cow retains its kosher status despite the overall statistic. His primary argument is that once we have a halachic principle to state that the milk is kosher the halacha ignores the physical reality or statistic. One proof for his argument can be derived from Gemara Zevachim 73b which implies that once the principle kol d’parish m’ruba parish is employed even if the items are later mixed up, the remain kosher. Another proof is the Rama who states that the cheese made from many unchecked cows who were only considered kosher by merit of a chazaka remains kosher. This gemara is cited by the Rosh (Chullin 7:37) for a similar point. </p> | ||
<p class="indent">Another proof for this approach is from the Shulchan Aruch and Rama YD 81:2 who write that if you have a cow which is certainly taref and its milk was mixed up with the milk of 59 unchecked cows we say that the whole mixture is kosher since we presume that the milk of the taref animal is less than 1/60 in the whole mixture. It is also clear that we presume that the other 59 animals must be kosher otherwise their milk would be non-kosher making the volume of the non-kosher greater than 1/60. This is true even though we also have a concept that there’s a miyut hamatzuy of animals which have an adhesion on the lungs and render it taref. This seems to indicate that we view each cow individually and permit each one based on the majority even if all of their milk is mixed together afterwards. <ref>[http://traditionarchive.org/news/_pdfs/55-70%20Bleich.pdf Rav Bleich] makes this argument based on Shulchan Aruch.</ref></p> | <p class="indent">Another proof for this approach is from the Shulchan Aruch and Rama YD 81:2 who write that if you have a cow which is certainly taref and its milk was mixed up with the milk of 59 unchecked cows we say that the whole mixture is kosher since we presume that the milk of the taref animal is less than 1/60 in the whole mixture. It is also clear that we presume that the other 59 animals must be kosher otherwise their milk would be non-kosher making the volume of the non-kosher greater than 1/60. This is true even though we also have a concept that there’s a miyut hamatzuy of animals which have an adhesion on the lungs and render it taref. This seems to indicate that we view each cow individually and permit each one based on the majority even if all of their milk is mixed together afterwards.<ref>[http://traditionarchive.org/news/_pdfs/55-70%20Bleich.pdf Rav Bleich] makes this argument based on Shulchan Aruch.</ref></p> | ||
<p class="indent">It is for these reasons and others that the overwhelming majority of rabbis consider commercial milk kosher.<ref> Rav Zalman Nechemya Goldberg (Habear adar 5764 p. 78-83), Rav Moshe Heinemann (Mesorah journal adar 5765 p. 76-78), [http://hirhurim.blogspot.com/2006/11/is-milk-kosher.html Rav Yisrael Belsky], [http://traditionarchive.org/news/_pdfs/55-70%20Bleich.pdf Rav J. David Bleich], and Rav Baruch Simon.</ref></p> | <p class="indent">It is for these reasons and others that the overwhelming majority of rabbis consider commercial milk kosher.<ref> Rav Zalman Nechemya Goldberg (Habear adar 5764 p. 78-83), Rav Moshe Heinemann (Mesorah journal adar 5765 p. 76-78), [http://hirhurim.blogspot.com/2006/11/is-milk-kosher.html Rav Yisrael Belsky], [http://traditionarchive.org/news/_pdfs/55-70%20Bleich.pdf Rav J. David Bleich], and Rav Baruch Simon.</ref></p> | ||
==References== | ==References== | ||
