Kosher Milk: Difference between revisions
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<p class="indent"> Rav Moshe Feinstein in Igrot Moshe YD 1:47-49 writes that even without the Pri Chadash the milk in America is kosher because since there are governmental regulations against mixing in milk from animals other than cows and selling it as milk there is no concern that they will add anything. It is considered as though there is a Jew watching the milking process. He recommends that a baal nefesh would be strict. Igrot Moshe YD 2:35 writes that it is worthwhile for an elementary school to order chalav yisrael even if it is more expensive and the yeshiva is hard pressed for money. He says it is worth being strict since it is a chinuch lesson to show that it is worthwhile being strict and how important it is to avoid prohibitions. See [https://www.koltorah.org/halachah/chalav-yisrael-part-i-rav-soloveitchiks-view-by-rabbi-chaim-jachter Rabbi Jachter's article] citing Rav Yakov Kamenetsky, Rav Yehuda Henkin, and Rav Soloveitchik as endorsing this opinion.</p> | <p class="indent"> Rav Moshe Feinstein in Igrot Moshe YD 1:47-49 writes that even without the Pri Chadash the milk in America is kosher because since there are governmental regulations against mixing in milk from animals other than cows and selling it as milk there is no concern that they will add anything. It is considered as though there is a Jew watching the milking process. He recommends that a baal nefesh would be strict. Igrot Moshe YD 2:35 writes that it is worthwhile for an elementary school to order chalav yisrael even if it is more expensive and the yeshiva is hard pressed for money. He says it is worth being strict since it is a chinuch lesson to show that it is worthwhile being strict and how important it is to avoid prohibitions. See [https://www.koltorah.org/halachah/chalav-yisrael-part-i-rav-soloveitchiks-view-by-rabbi-chaim-jachter Rabbi Jachter's article] citing Rav Yakov Kamenetsky, Rav Yehuda Henkin, and Rav Soloveitchik as endorsing this opinion.</p> | ||
===Those who are Strict=== | ===Those who are Strict=== | ||
<p | <p class="indent"> Chatom Sofer YD 2:107 argues that chalav yisrael was a gezerah that was made in all cases whether the reason applies or not. Additionally, the minhag Ashkenaz is to hold that it is forbidden. (See Chachmat Adam and Bet Meir who say that it is a gezerah because of a concern but that concern exists even if the possibility is very very remote.) Mateh Yonatan 115 points out that maybe even if the gezerah of chalav yisrael was absolute since there was a built-in condition that if a Jew watches it is permitted knowledge of the fact that nothing non-Kosher was added is like having a Jew watch. Teshuvot Vehanhagot 1:441 and Chelkat Yakov YD 34 disagree with Igrot Moshe.</p> | ||
===Conclusion=== | ===Conclusion=== | ||
#It is rabbinically forbidden to drink milk that was milked from a cow by a non-Jew without a Jew watching out of a concern that he might mix in milk from a non-kosher animal.<ref>Gemara Avoda Zara 35b, Rambam Hilchot Maachalot Asurot 3:15, Tur and S"A YD 115:1, Yalkut Yosef Isur Viheter Vol. 2 81:6</ref> | #It is rabbinically forbidden to drink milk that was milked from a cow by a non-Jew without a Jew watching out of a concern that he might mix in milk from a non-kosher animal.<ref>Gemara Avoda Zara 35b, Rambam Hilchot Maachalot Asurot 3:15, Tur and S"A YD 115:1, Yalkut Yosef Isur Viheter Vol. 2 81:6</ref> | ||
#In a country where there is a law that makes it illegal to mix milk from other animals into cow milk and sell it as milk, some poskim say that it is permitted to drink kosher milk which isn't chalav yisrael. <ref>Igrot Moshe YD 1:47</ref> Other poskim hold that it is forbidden and so it is proper to be strict except for someone who is sick or a baby. Those who live in the diaspora and it is difficult to be strict on this, have what to rely upon if they are lenient.<ref>Yalkut Yosef Isur Viheter vol. 2, 81:12. Yechava Daat 4:42 writes that the accepted halacha is not to accept the Pri Chadash. Chida in Shiurei Bracha 115:1 writes that the minhag of Turkey and Israel is to be strict unlike the Pri Chadash but if the entire minhag of a certain place is to be lenient one can be lenient.</ref> The minhag of Morocco was to be lenient.<ref> Rav Yosef Mashash in Mayim Chayim 2:92 explains why in Morocco everyone was lenient with chalav yisrael. He says that non-kosher milk isn't accessible, even when it is, it is much more expensive. Therefore, there is no concern that the non-Jews mixed non-kosher milk into the cow milk. Furthermore the government has laws ensuring that milk sold as cow milk is really just that. Sherit Yosef 2:191 agrees. Ateret Avot v. 3 p.277 writes that the minhag Morocco was to be lenient and quotes various sources to that effect. | #In a country where there is a law that makes it illegal to mix milk from other animals into cow milk and sell it as milk, some poskim say that it is permitted to drink kosher milk which isn't chalav yisrael.<ref>Igrot Moshe YD 1:47</ref> Other poskim hold that it is forbidden and so it is proper to be strict except for someone who is sick or a baby. Those who live in the diaspora and it is difficult to be strict on this, have what to rely upon if they are lenient.<ref>Yalkut Yosef Isur Viheter vol. 2, 81:12. Yechava Daat 4:42 writes that the accepted halacha is not to accept the Pri Chadash. Ben Yisrael Lamim (by R' Taharani Birurim n. 16 p. 325) is similarly strict. Chida in Shiurei Bracha 115:1 writes that the minhag of Turkey and Israel is to be strict unlike the Pri Chadash but if the entire minhag of a certain place is to be lenient one can be lenient.</ref> The minhag of Morocco was to be lenient.<ref> Rav Yosef Mashash in Mayim Chayim 2:92 explains why in Morocco everyone was lenient with chalav yisrael. He says that non-kosher milk isn't accessible, even when it is, it is much more expensive. Therefore, there is no concern that the non-Jews mixed non-kosher milk into the cow milk. Furthermore the government has laws ensuring that milk sold as cow milk is really just that. Sherit Yosef 2:191 agrees. Ateret Avot v. 3 p.277 writes that the minhag Morocco was to be lenient and quotes various sources to that effect. | ||
* [http://www.dailyhalacha.com/displayRead.asp?readID=2381 Rabbi Mansour] writes that one should be strict about chalav yisrael during the aseret yemey teshuva.</ref> | * [http://www.dailyhalacha.com/displayRead.asp?readID=2381 Rabbi Mansour] writes that one should be strict about chalav yisrael during the aseret yemey teshuva.</ref> | ||
===Jews Observing the Milking via Camera=== | ===Jews Observing the Milking via Camera=== | ||
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==Butter== | ==Butter== | ||
# Some Geonim held that butter has the status of cheese and butter of a non-Jew is forbidden, while others hold that it isn't like cheese and is permitted even if there was no Jew watching the milking.<ref>Shulchan Aruch 115:3</ref> In a place that the minhag is to be lenient one can be lenient but if the minhag of the majority of the place is strict one should be strict.<ref>Shulchan Aruch 115:3 based on the Rosh</ref> If there is no minhag one should be strict.<ref>Ben Yisrael Lnochri p. 145 citing Tzemach Tzedek Chadashot YD 75. Kaf Hachaim 115:43 writes that the minhag in Baghdad is to be lenient.</ref> | # Some Geonim held that butter has the status of cheese and butter of a non-Jew is forbidden, while others hold that it isn't like cheese and is permitted even if there was no Jew watching the milking.<ref>Shulchan Aruch 115:3</ref> In a place that the minhag is to be lenient one can be lenient but if the minhag of the majority of the place is strict one should be strict.<ref>Shulchan Aruch 115:3 based on the Rosh. Yalkut Yosef (YD 81:22 Isur Vheter v. 2 p. 107) is lenient.</ref> If there is no minhag one should be strict.<ref>Ben Yisrael Lnochri p. 145 citing Tzemach Tzedek Chadashot YD 75. Kaf Hachaim 115:43 writes that the minhag in Baghdad is to be lenient.</ref> | ||
==Yogurt== | ==Yogurt== | ||
# There is a major dispute if yogurt of a non-Jew is permitted.<ref>Kaf Hachaim 115:50 writes that the minhag of Baghdad was to be lenient but someone who is a Yarei Hashem would be strict since most poskim say it is forbidden.</ref> | # There is a major dispute if yogurt of a non-Jew is permitted.<ref>Kaf Hachaim 115:50 writes that the minhag of Baghdad was to be lenient but someone who is a Yarei Hashem would be strict since most poskim say it is forbidden. Yalkut Yosef (YD 81:23 Isur Vheter v. 2 p. 114) is strict. Ohelei Yakov 115:58 is strict.</ref> | ||
==Sour Cream== | |||
# Sour cream according to some is considered to be similar to butter which in a place where the practice is to be lenient that is acceptable, while others consider it to be similar to milk which needs a Jew involved in the milking process.<ref>Beer Moshe 4:52 writes that sour cream is liquidy and not similar to butter and can easily have non-kosher milk mixed in and therefore is a problem unless a Jew is involved in the milking process. However, Yalkut Yosef (81:25 Isur Vheter v. 2 p. 117) writes that there is a concern that non-kosher ingredients were mixed in but if that was alleviated it is considered like butter of non-Jews which there is room to permit. Ohel Yakov 115:59 quotes Rav Moshe Feinstein cited by Rishumei Aharon as lenient, while the Chelkat Yakov 2:137, Beer Moshe 4:52 as strict.</ref> | |||
==Powdered Milk== | ==Powdered Milk== | ||
#According to some poskim, even powdered milk is included in the rabbinic prohibition of drinking milk when the milking process wasn't supervised by a Jew throughout.<ref>Chazon Ish YD 115:1 see [http://www.koltorah.org/ravj/13-9%20Chalav%20Yisrael%20-%20Part%203.htm Chalav Yisrael Part 3] by Rabbi Chaim Jachter who discusses further</ref> | #According to some poskim, even powdered milk is included in the rabbinic prohibition of drinking milk when the milking process wasn't supervised by a Jew throughout.<ref>Chazon Ish YD 115:1 see [http://www.koltorah.org/ravj/13-9%20Chalav%20Yisrael%20-%20Part%203.htm Chalav Yisrael Part 3] by Rabbi Chaim Jachter who discusses further</ref> | ||
