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Friday, October 07, 2005

Cholov Yisrael - question?

Why Cholov Yisrael? Difference between this and O-UD Milk?

Most mainstream orthodox Jews drink milk every day despite their personal lack of information regarding the source of their milk. Some orthodox Jews, though, actually do know where their milk comes from. As a safeguard for the prohibition against drinking milk from a non-kosher animal, Jewish law dictates that one may only drink milk that has been “watched” by a Jew from the time of milking straight through until the time of ingestion. Milk that has been watched in this manner is known as “cholov yisrael,” literally the milk of an Israelite (a Jew). The Sages enacted this rule because of their fear that kosher milk might be mixed with non-kosher milk, unbeknownst to the eventual drinker.[49] These rules go into extreme detail regarding the required supervision of the milk. For example, the Shulchan Aruch states that if a Jew is sitting outside of a building in which a non-Jew is milking a kosher animal, then the milk is still kosher as long as the building has a window through which the Jew could theoretically check to make sure that the non-Jew isn’t tainting the milk.
But what about everyone else? Those who drink milk that is not labeled “cholov yisrael” rely on responsa from Rabbi Moshe Feinstein. Rabbi Feinstein wrote that government inspection is a valid substitute for Jewish supervision. He reasons that something that a person is quite certain has happened is considered by Jewish law as if it had indeed happened. He maintains that something that is known is on the same level as that which is seen. Therefore, since we are quite sure that dairy producers are fearful of government penalties if they adulterate their product, it is considered as if a Jew actually watched the milking process. We can assume that there is definitely no non-kosher milk in the mixture. That is, Rabbi Feinstein considers the milk completely acceptable. This is because the United States government heavily regulates food processing, and the threat of a possible fine or even a factory shutdown prevents adulteration of milk. Even Rabbi Feinstein, though, concluded his ruling with the following: “Yet, for one who is a ‘spiritual’ person it is appropriate to be strict ... and I myself am strict in this regard.
Rabbi Feinstein, though, was not the first to rely on government inspection as a permissive factor for “cholov yisrael.” The Chazon Ish wrote that “... since there is government supervision for milk to assure that non-kosher milk is not added, and [the producers] are subject to punishment for falsification ... it is like the case [in the Gemara] of a Jew’s (sic) sitting nearby, and if he were to get up he would see [and therefore we consider it equivalent to his actually seeing] ... and Pri Chadash wrote that if non-kosher milk is more expensive, then we ought to be lenient.

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