28 Dec CHOLOV STAM AND CHOLOV YISROEL
One of the most common areas of halacha which people have different customs is in regard to drinking cholov stam. What is cholov stam? How is cholov Yisroel made? Do government regulations permit the drinking of non-Jewish milk? Do those who are stringent have to be concerned when a product is made on dairy equipment? Does a married woman have to follow her husband’s custom? In this issue we will discuss the many halachos which apply to this topic.
Milk Made by a Non-Jew
Chazal made a gezeirah that any milk which is milked by a non-Jew is forbidden to drink. There is no concern that the non-Jew may switch the kosher milk with non-kosher milk, since one can easily tell the difference between the two, rather the concern is that some non-kosher milk may be mixed into the kosher milk. Milk which is not under a Jews supervision is called cholov akum.
Side Effects from Non-Kosher Milk
Many poskim say that cholov akum, or other milk which was not properly supervised are included in items which stuff up one’s heart (spiritually).
Jew Looking at the Production
If a Jew saw the production of the milk then the milk is considered cholov yisroel. The Jew also has to make sure that the container used is not the same one used for non-kosher milk. In addition, if the Jew comes in and out of the room during the milking process, the milk is also considered cholov yisroel, since the non-Jew expects the Jew to come in at any time he would be scared to mix in any non-kosher milk. Additionally, a non-Jew has to understand that the milk is for the Jew, and non–kosher milk may not be mixed into kosher milk.
Sitting outside
B’dieved if the Jew did not see the whole beginning and end, or the Jew did not see the utensil it is still considered cholov yisroel as long as he was sitting outside. However, this is only if there is no non-kosher milk in the plant. A Jew who came at the end of the milking has not made the milk cholov yisroel.
If there is non-kosher milk in the plant the Jew must be able to see the milking process. However, if the Jew sits outside in a manner that he would be able to see the milking if he stood up then it is considered cholov yisroel.
The reason less of a watching is required if we know that no non-kosher milk is found in the facility, is because since there is no non-kosher milk present we are not concerned the non-Jew will mix in the other milk. However, the non-Jew may still exit the facility and get non-kosher milk. Therefore, we are lenient some what and do not require the Jew to see the actual milking, but we require him to sit outside and see that the non-Jew does not go anywhere.
There is a well known opinion of the Pri Chadash who maintains that there is no issue of cholov stam, when there is no non-kosher milk present in the entire city. This reasoning would also apply where non-kosher milk is more expensive or in higher demand than kosher milk. Nonetheless, most poskim disagree with this ruling, and hold that since the gezeira was made that a Jew has to see the milking, if this is not met, the milk is not permitted. The Chochmas Adom adds since the Rishonim and Achronim did not mention the opinion of the Pri Chadash it is a proof that his opinion was not accepted by them.
According to the opinion of the Chasam Sofer even if one is certain that nothing was added to the milk one may not drink the milk. He reasons that once the gezeira was made it became like a custom and one can not retract it.
Who is considered a Shomer?
A small boy or girl is considered a watcher in this regard and if a young Jewish boy or girl watches the milking in any way, the milk is considered cholov yisroel. The reason is because a non-Jew would still be scared to be seen mixing in non-kosher milk. Some poskim say the minimum age for this child is nine years old.
Government Regulations
Aside from the opinion of the Pri Chadash, a very famous opinion of Harav Moshe Feinstein zt”l on this topic is the following: In a place where a government maintains strict restrictions and gives penalties to those who mix other milk into cow’s milk it is considered as if the Jew is present at the time of the milking. Knowing is like seeing, and we know the non-Jew is in fear of being caught altering the cow’s milk. This milk which is produced under government control is commonly referred to as cholov stam. Others disagree with this heter and maintain that even if there are government regulations and penalties it is not considered as if the Jew saw the milk, therefore, this milk is considered cholov stam and may not be consumed. One of the reasons for the disagreement is because government regulations can not be considered as if the Jew was there at the milking. In addition, the government regulations may not create the same fright (mirses) as if a Jew was at the production.
Harav Moshe Feinstein zt”l said that although many frum Jews and Rabbonim are lenient, and G-D forbid to say that they are doing wrong, a ba’al nefesh should be stringent. However, one who is lenient has what to rely on. Harav Moshe Feinstein zt”l was stringent for himself. Others say this was only said if you can not get cholov yisroel easily, but if cholov yisroel is available then one should buy it. Based on this and other reasons, the custom in Eretz Yisroel is to be stringent since there is readily available cholov yisroel. Nonetheless, the custom of many people (outside of Eretz Yisroel) is to rely on the opinion stated here. It would seem that one who is lenient and goes to Eretz Yisroel to learn does not have to adopt their custom and refrain from eating cholov stam which he may have brought from America.
How Far does the above heter go?
It is very important to point out that the aforementioned heter of Harav Moshe Feinstein zt”l only applies to countries which have government regulations on the milk production. Countries that do not have this would not have the heter of Horav Moshe zt”l and one would not be able to consume non-supervised milk. This was an issue that was raised in the Jewish community in South Africa since no one fears the government. When traveling to this country or to similar destinations, one should contact the kashrus organizations in these locations.
Young Children and Women
According to some, one can be lenient in regard to cholov stam for young children and women within thirty days of giving birth. However, many say one should avoid giving such milk to a child who does not need it.
Giving to those who are Lenient
One who eats cholov stam is permitted to give cholov stam to a person who does not eat it (i.e. for Mishloach Manos).
Non-Frum Jew
The custom is that one may drink milk from a cow that a non-frum Jew milked, while the opinion of others is to be stringent.
Powdered Milk
Most milk products are not made with regular milk, but they are made with milk which is turned into a powder, namely milk powder. Such products include chocolate and baked goods. This is very relevant to those who hold of cholov yisroel and wish to eat such products.
Some poskim are lenient and permit powered milk even for those who are makpid on cholov yisroel. One of the reasons is because the gezeira was on milk not milk powder. In Eretz Yisroel many were lenient to rely on the above opinion, but this has changed and the kashrus agencies now use powdered milk from cholov Yisroel sources. L’maseh, many poskim feel that if one is makpid on cholov yisroel he should be mapkid not to eat powdered milk.
Dairy Equipment
One who is careful to use cholov yisroel because he is machmir, can still eat foods which were cooked in non – cholov yisroel equipment. One of the reasons is since the custom is to treat cholov stam as a chumra, the chumra
was only said by drinking milk but not milk equipment.
What exactly does D.E. (Dairy Equipment) mean?
The D.E. designation means that the kashrus agency has verified that the ingredients used in this product are all pareve. However, the product is produced using heat on equipment that is also used to produce hot products with dairy equipment without any koshering in between. The D.E. designation is not allowed unless the kashrus organization has verified that the company’s standard cleaning procedures are such that there is no concern that the residual dairy from a prior product might make the product in question dairy according to halacha.
Kashering
A utensil which had cholov stam in it has to be kashered with hagalah before using the utensil for cholov yisroel. The same would apply if the milk was sitting in a utensil for twenty four hours.
While Traveling
When one is in a place where there is no cholov yisroel he can be lenient and drink cholov stam even if he is normally makpid on it. Some say when going to a non-Jewish store to buy coffee and the store has cholov yisroel milk there, the Jew should make sure the non-Jew opens the milk in front of him, because the non-Jew may put in cholov stam. One who is not mapkid on cholov yisroel obviously does not have this concern.
Married Woman
A single woman who ate cholov yisroel because she thought it was ossur does not have to be matir neder if she gets married to a person who eats cholov stam. It is advisable when one gets married to decide if one wants his family to also be careful about cholov stam.
Cheese from Cholov Stam
Harav Moshe Feinstein zt”l says even one who is makpid on using only cholov yisroel nowadays should be aware that it is only a chumra (since the government makes sure that no other milk is mixed into the cow milk). Furthermore, one does not have to take the chumra a step further and be stringent not to eat cheese which was made from non-cholov Yisroel milk. Nonetheless, the minhag of many is that one who does not use cholov stam does not eat cheese made from cholov stam either.
Hataras Nedarim
One who did not drink cholov stam because one thought it was forbidden and now wants to drink it because one realizes it is permitted does not need to be matir neder. One who did so because of a chumra has to be matir neder if one wants to undo the chumra. (However, if one holds like the above mentioned Chasam Sofer, then hataras nedarim is questionable).
Cholov Yisroel Today
In earlier years and in far out locations, a Jew would go to a non-Jewish farm, inspect the milking pails for cleanliness (or bring his own pails), supervise the milking of one or two cows, and then transport the milk back home. In modern America and many parts of Western Europe, where large Jewish populations rely on having a constant supply of cholov yisroel available, and farms often have hundreds or many thousands of cows, things are very different.
Today, there are two formats for contemporary cholov yisroel farming: Farms which are exclusively cholov yisroel, and those which do special cholov yisroel productions only upon request.
Exclusively cholov yisroel farms have full-time mashgichim who literally live at the farms. In order to assure that mashgichim are present or available for every single milking session, which are performed round-the-clock, each of these facilities has a team of two or more mashgichim, so that there is always someone on call. Some kashrus agencies insist that their mashgichim insert cards into punch-clocks at the milking parlor every so often in order to guarantee that they will be present at the parlor on a very frequent basis during milking.
Non-cholovyisroel farms which schedule special cholov yisroel productions dedicate specific days for cholov yisroel production with a kashrus agency. A mashgiach will arrive at the farm for a specified period, first inspecting the facility to assure cleanliness of equipment from unsupervised milk, and then will remain present or pop in and out throughout the day while the milking occurs.
Video Camera
Today with the advent of modern technology one does not have to be present at the milking but a video camera can be set up in the milking area to see the production from all angles. Many say that this is sufficient to consider this cholov yisroel and there is no need for the mashgiach to actually be present during the milking.
Surgery on the Cows
Around twenty or so years ago a milk controversy arose which was the following: Milk cows suffer from a displaced abomasum which is caused by an excess gas in the stomach. The surgery to prevent this is to puncture the abomasum which is the kevah in a number of different places. Some were concerned that this can make the milk non-kosher. However, based on many different reasons (beyond the scope of this article) the major kashrus organizations permit this.
Bishul Akum on Milk
Since milk is pasteurized before being bottled and sold. The question arises if milk is subject to the halachos of bishul akum, since the milk is drinkable without pasteurization.
Pasteurization and Raw Milk
Pasteurization is done to the milk because otherwise it is a danger to drink it raw. The dangers present in raw milk are: escherichia, listeria, salmonella, yersinia, and brucella. The pasteurization process uses heat to destroy harmful bacteria without significantly changing the milk’s natural value or flavor. Although some want to say that raw milk is healthier since the pasteurization kills nutrients, this is not the case.
Some studies say that although raw milk is potentially dangerous, if it is handled the proper way it can be safe and healthy.
Halachic Literature
The Rambam in Machalos Asuros says that since raw milk is drinkable raw one is permitted to drink it after a non-Jew cooked it. This is also the opinion of the Mahrasham, the Shearim Metzuyanim B’halacha, and the Shevet Ha’Levi.
The Minchas Yitzchok says those who are lenient refer to their times when milk was commonly consumed raw, but this changed today, and milk is not consumed raw by most people, and, there is a dispute in the poskim if something which is eatable raw by “some people” has the status as edible raw. The opinion of many of the poskim is that it has to be the custom of most people to eat the specific product raw, and accordingly raw milk would have a problem of bishul akum.
However, the Minchas Yitzchok says one can be lenient for other reasons. 1. The cooking is done through steam and many poskim hold that steam is not subject to the halachos of bishul akum. 2. The pasteurization is made in a company setting.
Whey
During the cheese making process, after milk is coagulated, it is cut into small pieces and heated to allow most of the non-coagulated fluid to separate from the milk. The fluid which has not curdled is drained off the cheese as liquid whey which is called in halacha “nisyubei d’chalba.” This liquid is a mix of protein, lactose, minerals and water. There is a discussion in the poskim if mei cholov (which some hold is an issur d’oraisa to drink) is referring to whey or a different component of the milk product.
The Cooking Process
The cheese from which the whey is removed from is cooked to approximately 90°F which is below yad soledes bo. Ricotta cheese is made by cooking whey but is kosher since it is made from permitted whey.
Opinions of the Poskim
According to many poskim although whey is a direct result of the cheese making process, it is not subject to the halachos of gevinas akum. The opinion of Horav Moshe Feinstein zt”l is that all whey is permitted even if the cheese from which it was made from was not kosher and even if it was cooked higher than yad soledes bo and therefore absorbed some of the taste of the cheese. The reason is because the gezeira of gevinas akum was only in regard to actual cheese and not by-products. On the other hand the Shevet Ha’Levi maintains that when non-kosher rennet is used then the whey is permitted, but the cheese in which the whey will come from has to be cooked less than yad soledes bo. The opinion of the major kashrus organizations is to accept the later opinion and not let the cheese cook in a temperature hotter than 120°F.