Does the milk we drink have to be kosher?

Q WHY are some religious people very strict when it comes to milk, drinking only kosher milk while others drink any kind?

A THIS question is one of kashrut and is complex by nature. For a deeper and more technical answer, the bet din and kashrut authority should be consulted. Nonetheless I shall attempt to explain the basics.

The Mishnah Avodah Zarah 35b as well as 39b state that milk which was milked by a non-Jew is prohibited for consumption under the rule known as chalav akum.

In general, this decree was enacted due to a concern that non-kosher milk - that is milk from a non-kosher animal - will be mixed in with the kosher milk.

There are various reasons why this could happen.

One is that pig milk contains a higher fat content and would supplement a low fat level in the cow's milk.

Another among many may be financial - when there is not enough cow's milk in the vat, other milk which is available will be added to make up the numbers.

The Pri Chadash YD 115:15 argues that the concern in regard to non-kosher milk (which, by the way, means non-supervised cow's milk, whereas the kosher milk refers to supervised milking of cow's milk) would only apply where the kosher milk is more expensive than the non-kosher milk.

This is because where the non-kosher milk is more expensive, it would be highly unlikely that it be added to the less expensive kosher milk.

Chatam Sofer, basing himself on the Talmud Beitza 5a, argues that this rabbinic rule would apply all the time, even when the original reason for the enactment has seemingly become irrelevant.

This is because we assume that there was a hidden reason which could not be mentioned but still applies.

This type of decree can only be nullified or overruled by a superior bet din than the one that made the decree in the first place.

Since we don't have such a bet din available, it cannot be nullified and remains intact. Furthermore, Chatam Sofer sees this gezeirah (decree) as a neder (a national oath) which should not be broken.

Chazon Ish YD 41:4 rules that even where kosher milk is less expensive than non-kosher milk, still one may not partake of non- supervised milk no matter what.

Rav Moshe Feinstein Igrot Moshe YD 1: 48-49 agrees. However, he adds the following which is the crux of this whole issue:

Although non-supervised milk is indeed prohibited and while the Mishnah states that it should be supervised by a Jew who watches, oversees or is nearby when the milking takes place, this is not the only way to supervise milk.

Non-Jewish supervision is also acceptable in this case where there are legal requirements which are upheld by law in a law abiding country (UK included).

Government supervision is also acceptable. A disciple of Rabbi Moshe, Rav Aharon Adler of Jerusalem, pointed out to me that this is also considered supervised or what we commonly call kosher milk.

Many authorities, among them our respected Dayan Osher Westheim, feel that for many reasons this can no longer be relied on.

Others such as Rabbi Moshe's son-in-law Rav Moshe Tendler and Rav Belskey - one of the main halachic authorities for kashrut issues in the US - disagree and uphold Rabbi Moshe's position. It's a position which would apply to cities in Britain as it would in New York.

To conclude, I would emphasise that those who are pedantic about this issue have a solid basis for their conduct and should be respected for it.

If one is faced with a choice and one is hechshered (has the mark of rabbinic supervision) and the other is not, and the prices and quality are basically the same, one should be encouraged to choose the hechshered milk.

However, those who do not - and buy regular milk in the supermarket - cannot be deemed as behaving inappropriately since Rabbi Moshe is a mountainous authority on which one has every right to rely.

The column that offers everything you always wanted to know about Judaism but were afraid to ask. Rabbi Chaim Kanterovitz is minister of the Yeshurun Hebrew Congregation, Gatley, Cheshire.

Follow Rabbi K on Twitter http://twitter.com/yeshurunhc and read his blog on www.yeshurun.org.uk

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