General: Chalav Yisrael

[Kollel Iyun Hadaf]

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General: Chalav Yisrael

davidn asked:

I WAS HAVING A CONVERSATION WITH A COUPLE OF MY COLLEAGUES AT THE OFFICE 
TODAY,AND THE SUBJECT CAME UP OF FOOD THAT HAD A NON JEW INVOLVED IN ITS 
PRODUCTION,IE MILK. I UNDERSTAND IT IS BETTER TO EAT FOOD NOT PREPARED BY A NON 
JEW (BISHUL FOR SURE IS OSUR). HOWEVER,WHAT IS THE HALACHA,OR SPECIFICALLY THE 
CHUMRAH RE MILK WHEN THE NON JEW HAS MILKED THE COW ?

I LOOK FORWARD TO RECEIVING YOUR RESPONSE,

MANY THANKS,
NECHEMIAH DAVID
-----------------------
The Kollel replies*:

The Mishnah in Avodah Zarah (39b) says that milk that was milked by a non-Jew 
is permitted if a Jew watched him milk the animal.  If a Jew was not watching 
him during the milking then the milk is referred to as Chalav Akum and it is 
forbidden.  It is clear from the Gemara (ibid) that Chalav Akum is forbidden 
out of our concern that the non-Jew may have adulterated the milk with milk 
from an non-kosher animal.  This is not a Chumrah.  This is a proper Rabbinic 
prohibition.  

Some Rabbinic authorities down through the ages (Radbaz, Pri Chadash) have 
argued that the prohibition of Chalav Akum only applies to times and places 
where it is the common practice of the non-Jews to milk non-kosher animals (and 
therefore there is a possibility they might mix it in with kosher milk).  Other 
authorities argue and say the prohibition applies to all times and places 
(Chasam Sofer, YD 107).  The Aruch haShulchan (YD 115) says - based on the 
words of the Vilna Gaon - that we cannot permit Chalav Akum even if milk from 
non-kosher animals is uncommon because there may be other reasons behind the 
Sage's decree forbidding it that they did not reveal to us in the Talmud.

Rav Moshe Feinstein issued a famous Psak permitting milk that comes from 
commercial non-Jewish dairies in America (Igros Moshe, YD I, 47-49).  His 
reasoning was that since the government polices the milk industry and fines a 
dairy that is caught adulterating their milk, we don't need a Jew watching them 
doing the milking.  The assumption, he says, that they would be scared of 
getting caught is equivalent to the effect of a Jew observing the milking 
process.  Other rabbis have argued with him on this Psak and say that we cannot 
rely on government supervision of the milk industry and that a Jew must be 
involved in the supervision (Teshuvos v'Hanhagos, I, 441).

Kol Tuv,
Yonasan Sigler

*This is not a Psak Halachah     


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