Cholov akum products in our times
when there is a government supervision
By Rabbi Shlomo Segal
Member of the Bais Din of Crown Heights
Question:
What is the reason for not eating cholov akum products in our times, when there is a government supervision which prohibits mixing milk of an un-kosher animal with milk of a kosher animal, in addition of receiving a penalty for transgression of this regulation?
Answer:
It is stated in the tractate Avoda Zoro 35b, “The following things of a non-Jew are forbidden [to eat] but one can benefit from the milk which was drawn by a non-Jew and a Yid was not present.”
The Gemoro asks, “If on account of the possibility that there may have been a substitution [of animals], [the milk of] a clean animal is white and of an unclean animal greenish in color! If, on the other hand, it is on account of the possibility of a mixture [of a clean animal's milk with that of an unclean animal], let him curdle it, because a Master has declared: The milk of a clean animal curdles but that of an unclean animal does not!
And the Gemoro answers, that also in cheese and milk that was for drinking, there is a suspicion that perhaps a little un-kosher milk may have been mixed into the kosher milk.
It is likewise cited in the Shulchan Aruch Yoreh Deah (chapt. 115:1), “Milk that was drawn by a non-Jew and a Yid was not present then, is forbidden to drink because perhaps some un-kosher milk has been included”.
From this we derive that the prohibition of cholov akum is because maybe there was some un-kosher milk mixed into the kosher milk, and therefore a Yid needs to supervise this, and this will cause that the non-Jew fears mixing something un-kosher into the milk.
Government supervision
Based on this Halacha, many poskim in our times were lenient with milk that was produced in different factories owned by non-Jews. Since they are under government supervision and if they will include milk from a non-kosher animal in kosher milk, they will penalize the owner of the factory and the factory will forced to close. So surely they fear mixing the milk. Therefore there is reason to permit milk produced by the factories, because they will not risk mix the milks for no logical reason.
Chabad Chassidim
But as it is known that by Chassidim in general, and especially by Chabad chassidim, that they were very particular about the prohibition of cholov akum, although there was no suspicion of mixing the milk, and they eat only cholov yisroel products. We also find in many of the Rebbe’s letters to be very particular even regarding children, that they should use only cholov yisroel.
In reality, we do find in the words of the Rishonim that the prohibition of cholov akum still remains, although the reason of the prohibition is not existing at the present.
The Rashbo wrote in his sefer (Toras Habayis, Bayis 3 Shaar 1), “Every thing that has been prohibited in the chapter of the tractate of Avoda Zora (quoted earlier) was prohibited by a number of sages, and therefore cannot be permitted, even if the basis for this prohibition does not exist any longer.
We also read about a wonderful fact in the sefer Hazichronos of Muharash Avuhav, who wrote, “Although in the Gemoro, the primary reason for the prohibition is because of a suspicion that some non-kosher milk may have been mixed into the kosher milk, this would be the revealed and obvious reason that our sages have publicized and it was in order that their words should be accepted, and as it is stated in the Gemoro (Avoda Zora 35a).
But their main intention in this prohibition was that the Jewish nation should be a holy nation to Hashem, therefore they prohibited milk drawn by a non-Jew that was not supervised by a Jew, as they have prohibited non-Jewish bread, pas akum, or non-Jewish cooking, bishul akum.
In the responsa of the Divrei Yisroel (chapt. 15), he quotes from the Divrei Chaim,
in the name of Boruch Taam that he has a tradition passed on from Moshe Rabenu that the reason that milk which was drawn by a non-Jew and was not supervised by a Jew is forbidden, is not only for the reason that some non-kosher milk may have been mixed into the kosher milk. Because this reason the sages have revealed for the world but there is an additional concealed reason.
In the Sefer Hamaamorim- Yiddish from the Previous Rebbe (page 57) it is stated, “The Yetzer Hora misleads the person with forbidden matters which the person is unaware of and this G-d forbid kills the person with a spiritual death.
As the known story of a person who came with his son-in-law, a great scholar, to the Alter Rebbe in Liozna, and complained that his son-in-law always conducted himself in an appropriate way, but suddenly he began having doubts about belief in Hashem and he himself had great agony from this.
The Alter Rebbe responded, that the son-in-law had without his awareness eaten from cholov akum and subjects similar to cholo akum. This originated from the yetzer hora who throws his arrows from a distance and they, G-d forbid, kill or wound the person in a spiritual sense.
This story is also mentioned in the Rebbe’s letters (Igros vol.16, page 243). “In regards to what I have mentioned to you about cholov akum based on the famous story of my father-in-law, the Rebbe, that this causes doubts in belief in Hashem. . If one needs to be cautious with this at all times, it is surely so when it relates to the youth in the United States.”