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    CAN AI BE A MASHGIACH?

    I. AI and Video
    Supervision
    As artificial
    intelligence (AI)
    makes its way into
    the workforce, it
    is worth asking
    whether it can serve as a mashgiach, a
    kosher inspector. While in the future there
    may be AI robots that can visit restaurants
    and factories, we do not have to look
    ahead to consider this question. Already
    today, many factories and restaurants are
    equipped with video cameras that enable
    remote supervision. During Covid, the
    use of such surveillance became even
    more widespread.
    One problem with video surveillance
    is that it requires someone to watch
    the camera feeds, which can become
    a significant challenge as kosher
    supervision cameras proliferate. AI may
    offer a solution to this problem. Can AI
    be trusted to inspect the camera feeds
    and certify that nothing improper occurs
    at the establishments under supervision?
    AI technology paired with live video

    feeds has already become a valuable
    tool in general surveillance. It monitors
    activity, detects anomalies and provides
    real-time data on temperature, movement
    and workflow. In fact, it can also monitor
    other electronic information about food
    production, such as ingredient ordering
    and delivery schedules. AI can even
    reduce human error or alert to suspicious
    behavior. However, kosher inspection
    involves more than monitoring.
    A mashgiach must be aware of the
    broader context: how ingredients are
    sourced, how utensils are maintained
    and how personnel follow halachic

    restrictions. Nothing can replace an in-
    person inspection. A simple conversation

    with employees reveals a lot about
    the professionalism of the operation,
    unexpected changes that have happened
    or are about to happen, and general
    information about personnel and
    processes. Additionally, cameras can be
    manipulated and visual access may not
    capture essential details.
    Be that as it may, there still is room for
    AI to serve as the video mashgiach that
    works alongside human inspectors. Is AI

    halachically trusted for this
    work?
    II. Mashgiach: Testimony or
    Trust?
    Very often, a mashgiach is
    not permanently stationed at
    a factory or restaurant. He
    comes and goes periodically
    (yotzei ve-nichnas),
    conducting spot checks. The
    halachic mechanism that
    allows yotzei ve-nichnas is
    the concept of mirsas, fear. Namely, the
    workers do not violate proper procedures
    because they fear being caught by the
    mashgiach on a spot check or on a video
    stream. This fear serves as a deterrent
    and ensures compliance.
    When a mashgiach affirms a factory’s
    procedures, is he testifying to the kosher
    status of the food? If he has not witnessed
    the food’s production, it is not clear
    whether he can testify to that. Perhaps the
    concept of mirsas enables the mashgiach
    to testify even when he does not see
    the entire production. Or, alternatively,
    it eliminates the need for testimony
    altogether, allowing the mashgiach to
    simply report facts on the ground. Put
    differently, is the mashgiach testifying
    about the food or is he serving as an
    agent of the supervising rabbi who
    testifies about the food? As long as the
    mashgiach verifies the food production
    to the satisfaction of the supervising
    rabbi’s halachic requirements, the
    supervising rabbi – whose name
    appears on the kosher certificate – can
    testify that the food is kosher. If so, AI
    can serve as a mashgiach.
    On the other hand, if a mashgiach is
    considered a witness, then the laws of
    testimony for forbidden foods apply.
    Only an observant Jewish adult can
    serve in such a capacity. A gentile,
    a child or someone lacking halachic
    competence is disqualified. AI, which
    lacks personhood and obligation in
    mitzvos, would certainly be excluded
    on these grounds.
    III. Women and AI
    The question of AI as a mashgiach can
    be informed by the halachic discussion
    about whether women can serve
    in kosher supervision. Rav Moshe
    Feinstein (20th cen., US) argues that a
    woman may serve as a kosher supervisor
    (Igros Moshe, Yoreh De’ah 2:44). Rav
    Feinstein addresses two concerns: 1)

    is a woman’s testimony accepted in
    complex kosher matters? To this, he
    answers yes. 2) Can a woman serve in a
    communal position of authority? To this,
    Rav Feinstein answers no but suggests
    that she appoint a supervising rabbi to
    formally issue the kosher certificate
    while she serves as the kosher inspector.
    Can this model work for AI also? It
    seems not, because Rav Feinstein still
    requires the woman inspector to testify
    to the supervising rabbi about the food’s
    kosher status. However, Rav Feinstein
    opens the door to a different framework.
    In the directly preceding responsum (op
    cit., 43), he writes that in many practical
    areas of kashrus, we rely not on formal
    testimony but on ne’emanus – the
    halachic assumption of trustworthiness.
    When someone is known to be honest
    and trustworthy, halachah allows
    reliance on their word even without the
    structure of testimony (Igros Moshe,
    Yoreh De’ah 2:43). If so, then maybe
    even AI can be relied upon even if the
    mashgiach testifies to the food’s kosher
    status. A well-trained AI, thoroughly
    tested and validated, may be even more
    trustworthy than a human because it has
    no personal interests or distractions that
    might compromise its judgment.
    If so, it seems that when it comes to
    monitoring video feeds, AI can serve as a
    kosher inspector that provides important
    information for the consideration of the
    supervising rabbi. This is true assuming
    that the AI has been tested and verified as
    an accurate inspector of videos. This also
    assumes that a separate inspector makes
    site visits to review other pertinent
    information.
    Potentially, AI is a powerful tool of
    kosher supervision. It can inspect
    important parts of the kosher food
    production process. However, currently
    it cannot replace the site visit and merely
    supplements the visit with the monitoring
    of electronic surveillance.