18 Feb 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
powered 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.