26 Dec FRUIT SMOOTHIES, JAMS AND YOGURTS

Fruit smoothies are a
popular treat. However,
they often contain
strawberries and
other fruits that might
harbor insects. Many
kosher certified yogurts
contain strawberries and
raspberries. Are these
smoothies and yogurts
permitted? How about
jams? These issues will be dealt with in this
article.
Background
If more than fifty percent of the product has
insects then it is muchzak with insects (most
of the time one will find an insect in the item)
and is prohibited d’oraisa. If the frequency is
greater than ten percent (see below) then it
is called a miyut hamatzui and is prohibited
d’rabanan without prior checking. If the
frequency is under ten percent then it is a
miyut sh’eino mutzui, and no checking is
required. Nonetheless, the Chochmas Adam
says, “It is proper for a person to check what
he eats because in this way one will save
himself from many insects. I can testify on
myself that many times I was saved from this
[by checking first].”
Cooked
The Shulchan Aruch says that if food was
cooked without checking then one should
examine it afterwards. If this is not possible,
then the food is permitted b’dieved. The
Shach says this is based on a sfek sfeika. One
sofek is whether there are any insects, and the
other is that maybe they are smashed and may
not be whole (see below regarding puree). The
Pri Megadim clearly says that this would not
apply to fruits or vegetables which are in the
category of muchzak b’toloyim (insects) since
it is an issur d’oraisa to eat such foods without
checking. Some poskim argue and maintain
that the reasoning of the Shach applies even
if the fruit is muchzak to have insects. The
accepted custom of many is to follow the
Shach as explained by the Pri Megadim
above. Therefore, fruits or vegetables which
commonly have insects, but are not muchzak,
would be permitted according to the above Pri
Megadim.
Pureed
The Shulchan Aruch says that a “berya”
is forbidden. This only refers to a whole
creature, but a broken one is permitted.
Furthermore, if a berya is crushed and its
form is not recognizable, it is permitted.
The Gr’a says that this heter does not apply
to the issur of eating insects. Most poskim
argue with the Gr’a. This heter would not

contradict the rule that is commonly known
as ein mevatlin issur l’chatchilah (one may
not purposely make bitul on an item). The
rule only applies when we have intent to do
so. Furthermore, the intention is to crush the
fruit, not the insect. When a hechsher is given
on a pureed product, the manufacturer does
not crush the insects for us. Therefore, it is not
considered having intent to be mevatel issur
l’chatchilah. The Taz does say that if there is
an easier way to accomplish the same goal
without being mevatel the issur, then it is not
considered “not having intent to be mevatel.”
Nevertheless, frozen fruits and vegetables
often cannot be checked; therefore, the Taz’s
stringency would not apply. However, fresh
produce can be checked and one is obligated
to do so.
Not Pureed – Jam
Many yogurts are flavored with pieces of fruit
that are not pureed. We cannot apply the heter
of a berya being crushed, since there might
be an insect in this part of the fruit. The same
issue is relevant to jams since the fruit is not
pureed. However, by the time the produce
reaches the company which makes the jam
it is not muchzak since the fruit is washed.
Therefore, even raspberries can be made into
jam without being pureed since it is a miyut
hamatzui.
Frozen Produce
Frozen strawberries and raspberries can be
checked, but it is more difficult to check for
insects. Even if a product has many insects
in the field, they are not muchzak by the time
they reach the consumer, especially since
frozen strawberries are washed before they
are frozen. Therefore, frozen strawberries are
generally considered a miyut sh’eino matzui.
Bitul
Normally, a forbidden item is permitted in a
mixture if there are sixty times more of the
permitted amount than the issur (about 1.6%
of the whole mixture). Since an inspection can
detect an insect it is not considered a mixture,
and is not subject to the halachos of bitul.
In addition, an insect is a berya (when not
cooked and crushed) and a berya is not batul.
The Aruch Hashulchan offers the following
reasoning as to why many do not check for
insects: Firstly, insects mixed in vegetables
are a mixture and are subject to the halachos
of bitul. Secondly, he quotes a number of
poskim who say that insects are batul in
close to 1000. Lastly, he says that the laws of
berya may not apply to something which is
disgusting to a person, such as an insect. This
is only a limud zechus on those who do not
check produce before eating it.
Miyut Hamatzui

We have previously
established that any
fruit or vegetable with
a ten percent possibility
of infestation must
be checked. This is
the opinion of the
Mishkanos Yaakov. The
Rivash says the shiur is
close to fifty percent.
The Shevet HaLevi
holds that even produce
with an infestation rate
of under ten percent
must be checked.
The earlier poskim
do not discuss how to calculate the miyut
hamatzui. Do we look at the infestation rate
of each individual fruit, or do we focus on the
amount that one normally buys or cooks at
one time? In addition, do we figure according
to the volume of food that one individual eats,
or his entire family?
The opinion of the Chasam Sofer is that
one has to check every fruit individually
to see if it has the shiur of miyut hamatzui.
Harav Elyashiv Shlita holds that the shiur
is calculated according to the amount of
produce one buys. Harav Wosner Shlita
focuses on the amount of produce that one
normally would check for insects. Harav
Shlomo Zalman Aurbach zt”l says that lettuce
is calculated according to the head of lettuce.
Harav Shachter Shlita calculates according to
an individual serving size. Therefore, if one
insect is found in ten servings then it is called
“miyut hamatzui.” According to the Chasam
Sofer, one can cook fruit into a jam because
the chances of ten percent of every fruit being
infested are not likely. The OU will not certify
a jam that contains fruit which is muchzak.
However, there is no practical application of
this rule, since most jams use fruit which are a
miyut hamatzui. Harav Yisroel Belsky Shlita
holds that the determination whether an item
has a miyut hamatzui may only be calculated
after it has been washed.
Conclusion Regarding Buying
Smoothies, Jams and Yogurts With
Strawberries or Raspberries
Smoothies – This is the practical application
of our discussion: Fresh strawberries are
permitted since they are pureed. Therefore,
there is no concern of “ein mevatlin issur,”
since the strawberries are not pureed with the
intent to crush the insects. Frozen strawberries
are also acceptable, since frozen strawberries
are considered a miyut sh’eino matzui. Both
fresh and frozen raspberries are permitted
even though they are a miyut hamatzui, since
they are pureed.
Jams – Jams consist of cooked strawberries

with other ingredients. Frozen strawberries
are used in most cases. Since frozen
strawberries are a miyut sh’eino matzui, they
are permitted. In regard to raspberry jams,
since frozen raspberries are a miyut hamatzui
and are cooked, one can rely on the sfeik
sfeika of the Shach mentioned above.
Yogurts – Frozen strawberries are used
for manufacturing yogurts. We established
that frozen strawberries are a miyut sh’eino
matzui. Therefore, it is permitted to purchase
yogurts with strawberry pieces.

Purchasing Smoothies at a Non-
Certified Smoothies Store – Stand

Although we have established that frozen
strawberries and raspberries do not pose any
kashrus issues in smoothies, it is still not
advisable to buy from a non-certified stand
unless you know that cold smoothies are the
only items they make on the machine, and
no other fruit juices are added to the mix.
By definition, some liquid has to be added to
facilitate the pureeing of the fruits. One must
make sure that only water is used, since some
added fruit juices may be non-kosher.
DISCLAIMER: THE ABOVE ARTICLE
IS NOT INTENDED TO PRESENT THE
OPINION OF THE KOF-K ON THIS
MATTER.