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Kosher Cheese: Difference between revisions

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→‎Background: safek gevinat akum
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*Completely kosher ingredients: Tosfot a”z 35a s.v. chada says that some said that there’s no gezerah of gevinat akum by cheese that was made with enzymes from flowers. Meiri avoda zara 35b s.v. Hachamishi even contends that if everyone in a certain locale used rennet made from flowers there would be no gezerah of gevinat akum. However, the Rambam (Machalot Asurot 3:14) quotes some geonim who said that the cheese that the non-Jews make from vegetable rennet is forbidden even though it is made with completely kosher ingredients. Rashba (Torat Habayit 90b) agrees. The Tur and Shulchan Aruch YD 115:2 codify the opinion of the Rambam. This is also the opinion of the Shach 115:19, Kaf Hachaim 115:30, Yalkut Yosef YD 81:21, and Rav Yisrael Henkin (Edut L’Yisrael p. 176). See further in M’peninei Harav p. 153.</ref>
*Completely kosher ingredients: Tosfot a”z 35a s.v. chada says that some said that there’s no gezerah of gevinat akum by cheese that was made with enzymes from flowers. Meiri avoda zara 35b s.v. Hachamishi even contends that if everyone in a certain locale used rennet made from flowers there would be no gezerah of gevinat akum. However, the Rambam (Machalot Asurot 3:14) quotes some geonim who said that the cheese that the non-Jews make from vegetable rennet is forbidden even though it is made with completely kosher ingredients. Rashba (Torat Habayit 90b) agrees. The Tur and Shulchan Aruch YD 115:2 codify the opinion of the Rambam. This is also the opinion of the Shach 115:19, Kaf Hachaim 115:30, Yalkut Yosef YD 81:21, and Rav Yisrael Henkin (Edut L’Yisrael p. 176). See further in M’peninei Harav p. 153.</ref>
#Since the enactment was made to avoid violating a Torah-level prohibition, many Poskim write how we treat a Safek Gevinat Akum stringently, even though it's only a Din Derabbanan.<Ref>Shach Yoreh Deah 110:Safek Sefekah 17, Chochmat Adam 63:22, unlike Pri Chadash. Chidah (Shiurei Beracha Yoreh Deah 115:2 says it applies even to the Taam, as we consider safek like vaday, and Noda BeYehudah (Yoreh Deah Kamma 34) considers safek if a pot smeared with Gevinat Akum to be a safek Issur DeOraita. "Safek Gevinas Akum" by R' Eli Gersten in OU Kosher Daf HaKashrus vol. 27 / No. 7 Elul-Cheshvan 5779-5780/SEPT.-NOV. 2019.</ref> However, all agree that cheese made with vegetable rennet would not be included in this degree of safek, because it's only prohibited due to a "lo pelug."<ref>Hagahot Zer Zahav (Issur Veheter 47:1)</ref>
#The way in which the rabbinic enactment wouldn't apply is if either: 1) a Jew owns the company even if the workers are non-Jewish<ref>Shach 115:20</ref>, 2) a Jew puts the rennet into the milk<ref>Shach 115:20</ref>, or 3) some say, that it is sufficient to have a Jew watching the cheese making process.<ref>Rambam Pirush Mishnayot a”z 2:5 says if a Jew is watching the gevinat akum is muter. Or Zaruah a”z no. 197 agrees. Rama YD 115:2 rules that if a Jew is watching the non-Jew make the cheese there is no rabbinic prohibition of gevinat akum. Even though the Shach 115:20 argues, Igrot Moshe YD 1:50 and Kaf Hachaim 115:32 are lenient.
#The way in which the rabbinic enactment wouldn't apply is if either: 1) a Jew owns the company even if the workers are non-Jewish<ref>Shach 115:20</ref>, 2) a Jew puts the rennet into the milk<ref>Shach 115:20</ref>, or 3) some say, that it is sufficient to have a Jew watching the cheese making process.<ref>Rambam Pirush Mishnayot a”z 2:5 says if a Jew is watching the gevinat akum is muter. Or Zaruah a”z no. 197 agrees. Rama YD 115:2 rules that if a Jew is watching the non-Jew make the cheese there is no rabbinic prohibition of gevinat akum. Even though the Shach 115:20 argues, Igrot Moshe YD 1:50 and Kaf Hachaim 115:32 are lenient.