Two
weeks ago we presented the reasoning and sources behind the lenient
view among Poskim regarding Chalav Yisrael. Last week, we
presented the reasoning and sources for the strict view among Poskim on
this issue. This week we shall complete our discussion of
this topic with a review of the Israeli Chief Rabbinate’s
policy regarding Chalav Yisrael milk and the debate regarding cheese,
whey, and powdered milk derived from non-Chalav Yisrael milk.
The
Policy of the Chief Rabbinate of Medinat Yisrael
The outgoing Sephardic Chief
Rabbi, Rav Eliyahu Bakshi Doron, writes in the current issue of
Techumin (23:463) that the policy of the Israeli Chief Rabbinate is
that even for its regular Kashrut standards it does not rely on Rav
Moshe Feinstein’s leniency. He explains that even
Rav Moshe only permitted government supervised milk in case of need and
that in Israel there is no need as Israel, Baruch Hashem, is a land
flowing with Chalav Yisrael milk and there is no pressing need to
import government- supervised milk that is produced by non-Jews or
products containing milk that is produced by non-Jews.
We should add that the Chief
Rabbinate’s policy supports the dairy industry of Medinat
Yisrael, thereby facilitating the fulfillment of Yishuv Eretz
Yisrael. The availability of more jobs in Eretz Yisrael
allows more Jews to live in Eretz Yisrael and brings more tax revenue
to the Israeli government to function in its job to facilitate Jews
living securely in our beloved Eretz Yisrael. Those who
advocate the purchase of Chalav Yisrael milk in this country argue,
similarly, that this practice economically supports our fellow Jews.
The Torah advocates purchasing a product from Jews if
possible (see Rashi on Vayikra 25:14).
Rav Bakshi Doron adds that a major
motivation behind the stringent ruling of the Chatam Sofer was to
socially distance us from non-Jews. He argues that Chazal
enacted the prohibition of Chalav Akum not only because of Kashrut
concerns, but also to protect us from assimilation. He cites
the Aruch Hashulchan who writes in the context of his discussion of
Chalav Yisrael that Chazal have covert as well as overt reasons for
their enactments. The covert reason for Chalav Yisrael, Rav
Bakshi Doron argues, is to prevent assimilation. Indeed,
observing the strict position requires one to live in an area blessed
with a heavy concentration of observant Jews where there is significant
consumer demand for Chalav Yisrael products.
Rav Bakshi Doron adds that another
reason to adopt the strict approach today is extreme complexity of
contemporary food production. He is concerned that non-Kosher
ingredients are added to the milk that government supervisors do not
find objectionable. According to this approach, unsupervised
milk would be forbidden today even according to the most lenient
approach of the Pri Chadash! However, I do not recall hearing
such an assessment made by the American rabbinate, although I recall
hearing concerns expressed about the Kashrut of vitamins that are
introduced into today’s milk.
I have been bothered by the following
problem. The Halacha (see Pesachim 50a) requires a traveler
to follow both the stringencies of the place he left and the place he
arrived. Accordingly, I regularly advise my Talmidim when
they travel to Israel to avoid products that contain gelatin, even if
they are certified Kosher by the Israeli rabbinate, since the custom in
this country is to be strict regarding this matter.
Conversely, it would seem that visitors to the United States from
Israel should adopt the stringent standard regarding Chalav Yisrael
since their practice at home is to be strict about this matter.
However,
it does not seem that Israeli travelers to America are stringent about
this. A very serious Talmid Chacham (who is a Rebbe at a
prominent Yeshivat Hesder) explained to me that many Jews in Israel
rely on Rav Moshe’s approach to Chalav Yisrael when they
consume certain American dairy products that bear a reliable American
Hashgacha, which are imported into Israel. Therefore, one may
argue that it is not the practice of Israeli Jews to be strict about
Chalav Yisrael, even though the Israeli rabbinate is strict about this
matter.
Powdered
Milk - Rav Zvi Pesach Frank vs. the Chazon Ish
Rav Zvi Pesach Frank ruled in the summer of 1944 that it is permissible
to drink powdered milk that was imported to Eretz Yisrael from the
United States at that very difficult time (Rav Zvi Pesach, though, does
not write that his ruling applies only in case of great
need). Rav Zvi Pesach compares powdered milk to unsupervised
butter produced by non-Jews, called Chemat Akum.
In order to comprehend this analogy we
must first briefly explore the issue of Chemat
Akum. The Gemara does not discuss this
issue, rather, it’s the Rambam (Hilchot Maachalot Asurot
3:15) who cites the Geonim that argued about this issue with no
consensus having been reached about this issue. This issue
was not resolved by the time of Rav Yosef Karo, as the Shulchan Aruch
(Y.D. 115:3) notes that different communities maintain different
practices regarding this issue. In Israel today, Rav Zev
Whitman records (Binitiv Hechalav p.41) that the policy of the Chief
Rabbinate is to be lenient regarding Chemat Akum regarding standard
Kashrut certifications and to be strict regarding Mehadrin
certifications.
We must clarify that the lenient
approach does not imply that one may eat butter that is not certified
Kosher by a reliable Kashrut agency. Rather, it implies that
the level of supervision necessary for butter is lower than the level
required for milk according to the Chatam Sofer’s stringent
view. The Kashrut agency must verify and monitor the product
to insure that all of its ingredients are Kosher. However, it
is not required, if they follow the lenient view, to supervise the
entire butter production. Rather, occasional inspections
suffice. The Chochmat Adam (67:9) notes that common practice
is to be lenient about this issue and Rav Mordechai Willig (1981 SOY
Guide to Kashrut p.75) writes that “the custom today is to be
lenient and to permit butter produced by a
Gentile.” This why it is common in our communities
to use butter from the large non-Jewish companies that has a proper
Hechsher and why we do not use only butter produced by small Jewish
companies as we do by wine and cheese.
The Rambam explains the reasoning behind
the two opinions regarding butter. The lenient view argues
that Chazal never banned consuming the butter of non-Jews and that we
are certain that the butter comes from a Kosher animal because the milk
of a non-Kosher animal cannot be made into butter. The
stringent view is concerned that leftover bits of non-Kosher milk that
may have been in the milk from which the butter was made, remain in the
butter. For an enlightening analysis of the two views see the
Biur HaGra to Yoreh Deah 115:17.
Rav Zvi Pesach Frank argues that
powdered milk is permissible according to the opinions that permit
Chemat Akum. Rav Zvi Pesach reasons that we may conclude from
the lenient opinion regarding butter that Chazal did not impose their
decree on all milk products, but rather only on milk. Once
the form of the milk has changed, the decree no longer applies.
The Chazon Ish (Y.D. 41:4) vehemently
disagrees with Rav Zvi Pesach. He argues that powdered milk
is not at all analogous to butter, as the basis for leniency regarding
butter is the fact butter cannot be produced from milk of a non-Kosher
animal. Powdered milk, on the other hand, can be produced
from non-Kosher milk as well. Hence, the Chazon Ish concludes
that there is no distinction between fresh milk and powdered milk in
regards to the Halacha of Chalav Yisrael.
Rav Zvi Sobolofsky notes that this
dispute is characteristic of many other Halachic disputes that have
emerged in the modern age regarding the status of items that have been
dried to a powder. Examples include the dispute regarding the
use of reconstituted grape juice for Kiddush (see Teshuvot Minchat
Shlomo 1:4) and the Bracha on Pringles, which are made from dried
potatoes. The essential issue is whether we view the dried
food that was reconstituted as a new entity or the same entity that it
was previously.
The dispute regarding the Kashrut of powdered milk has never been
resolved. Rav Bakshi Doron (Techumin 23:464-465) records that
the Chief Rabbanut historically relied upon Rav Zvi Pesach’s
leniency because of the shortage of Chalav Yisrael powdered milk in
Israel until recent years. Currently the Rabbanut relies on
Rav Zvi Pesach’s leniency for its standard Kashrut
certifications but not for its Mehadrin certifications. Their
policy is to require any product that relies on Rav Zvi
Pesach’s leniency to include a disclaimer on the package that
states that it contains powdered milk from milk produced by a
non-Jew. Rav Bakshi Doron explains that the Rabbanut seeks
thereby to discourage reliance on Rav Zvi Pesach’s leniency
and to eventually discontinue relying on it entirely since powdered
milk from Chalav Yisrael sources are readily available in Israel today.
Rav Bakshi Doron also notes that the
Kashrut status of milk proteins such as casein and whey that are
transformed into powder from milk produced by a non-Jew, hinges on this
dispute between the Chazon Ish and Rav Frank. Hence, for
Mehadrin certifications the Chief Rabbinate insists that milk proteins
be produced from Chalav Yisrael milk.
In America, I have heard that some people adopt a compromise opinion
regarding Chalav Yisrael - they insist on Chalav Yisrael for actual
milk but rely on Rav Zvi Pesach’s leniency regarding powdered
milk. The appeal of this compromise is that business people
can take non-Chalav Yisrael powdered milk with them on their travels to
places where Chalav Yisrael is not available and that some popular milk
chocolates and ice creams are made from powdered milk.
Another
compromise that some Kashrut organizations adopt in America is to
permit the use of non Chalav Yisrael milk in the production of cheese,
even though they would not certify a product that contains non-Chalav
Yisrael milk (as noted by Rav Yaakov Borow, Binitiv Hechalav p.47; Rav
Borow currently works in the Kashrut department of Tenuva and worked as
a rabbinic coordinator for the Orthodox Union before his Aliyah to
Eretz Yisrael). This approach assumes that since in this case
there are other relevant lenient factors, one may rely on Rav
Moshe’s lenient ruling. The leniency is the
Rama’s ruling (Y.D. 115:2) that cheese that was made with
Chalav Akum is acceptable Bidieved (after the fact) since cheese cannot
be produced from milk from a non-Kosher animal. The leniency
of Rav Moshe is a consideration that these Kashrut agencies utilize to
Lichatchilah (initially) permit the production of cheese from non-
Chalav Yisrael milk in contemporary circumstances, even though they
would not rely on Rav Moshe’s leniency alone.
Indeed, Rav Moshe (Teshuvot Igrot Moshe 3:16) rules that even Baalei
Nefesh need not be strict in this case. Rav David Zvi
Hoffman’s lenient approach outlined in Teshuvot Melameid
Lihoil 2:36 also serves as a basis for this approach.
Conclusion
In the
past three issues we have outlined the variety of approaches that
Poskim take regarding Chalav Yisrael in the modern context.
Each opinion has a strong basis both in traditional sources and
contemporary authorities. Accordingly, it is entirely
inappropriate to dismiss any of these legitimate approaches as either
“too frum” or “too
modern.” “Eilu Vieilu Divrei Elokim
Chaim,” “these and these are the words of the
Living God.”
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