Edited by Dr. Zvi Shkedi, based on an article written by Rabbi Daniel Neustadt.
Summary
Only milk that was milked in the presence of a supervising Jew is kosher. The prohibition against unsupervised milk, known as "chalav akum", applies even when no other milk is available or when supervised milk is very expensive.
The prohibition against unsupervised milk is mentioned in the Mishnah, Talmud Yerushalmi, and Talmud Bavli (1) in the chapters dealing with Avodah Zarah (idol worship). This is not a Chumra BeAlma (extra strictness). This is a fundamental prohibition which leaves no room for lenient interpretations.
Several recent Poskim in America allowed drinking "company milk", i.e., milk produced by large companies, without supervision. They argued that government authorities monitor the dairy industry and strictly enforce the law against mixing other milk with cow's milk. Such government regulation should be tantamount to supervision. This argument, however, is not acceptable to most Poskim since it recognizes non-Jews as Kosher supervisors and ignores the idol-worship element in the prohibition. Another problem with the concept of "company milk" is that there is no such a thing. All milk comes from a large number of dairy farms, big and small, and it is all mixed together at the "company".
In the 1950's Rabbi Moshe Feinstein agreed in principle with the lenient ruling and permitted drinking "company milk", but only in extreme circumstances. In the 1960's Rabbi Moshe Feinstein encouraged very strongly that milk from such companies should be avoided. He himself would not rely on the leniency. He explicitly advised Torah observant Jews to refrain from drinking unsupervised milk. He also recommended that schools strain their budgets in order to purchase chalav Israel. "in a place where chalav Israel is obtainable, even though it requires a bit more effort or is more expensive, it is not proper to be lenient in this. One should purchase chalav Israel."
Editor note: Rabbi Feinstein never issued a blanket Hechsher for all unsupervised milk or dairy products. Those who believe he did, are not only making a mistake, but, are also engaging in "Motzy Shem Ra" - slander. Neither did Rabbi Feinstein authorize any kosher supervising agency to "kosherize" products containing non-kosher dairy ingredients. Symbols like OU(D), OK(D), and the like, were invented by business people, not by Rabbinical authorities.
The halachah of Chalav Israel:
The Rabbis enacted a strict prohibition against milk which was not supervised by Jew: Only milk that was milked in the presence of a supervising Jew(1,2) is kosher. All other milk is prohibited. This ordinance is based on the text in the Mishnah, Talmud Yerushalmi, and Talmud Bavli(1) which states that if a Jew did not observe the milking, the milk is prohibited. This requirement is about "observation" not about "evidence".
The Rabbis' fear was not only that one might mistakenly drink non-kosher milk, since horse or camel's milk looks altogether different from cow's milk(3), but rather that a non-Jew might mix a small, undetectable amount of non-kosher milk into the cow's milk rendering it non-kosher. While the Rabbis realized that such an occurrence is unlikely, they were still concerned about it even as a remote possibility(4). Thus, they prohibited drinking all unsupervised milk. This prohibition also includes powdered milk (5). The Rambam(1) explicitely states that all non-Jewish milk is suspect.
The prohibition against unsupervised milk, known as "chalav akum", applies even when no other milk is available or when supervised milk is very expensive(6). This prohibition is so severe, that even a utensil in which chalav akum was cooked is prohibited for use unless it undergoes a koshering process(7).
A utensil in which cold chalav akum is stored for twenty-four hours is also prohibited for use unless it undergoes a koshering process(8). Chalav akum, like most other non-kosher foods, is nullified, bateil, only if it is inadvertently (but not intentionally) mixed into a permitted food or liquid that is sixty times greater in volume(9).
All milk that is not supervised is chalav akum and, therefore, is prohibited.
Unlike wine, there are only two kinds of milk - chalav Israel [supervised and kosher] and chalav akum [unsupervised and prohibited]. There is nothing in between. Later on we will mention a modern invention called "chalav stam" or "company milk" which is an attempt to create an in-between type of milk. However, this in-between type has no basis in halacha and the concept cannot be found anywhere in the early halachic literature.
Is chalav akum ever permitted?
Several hundred years ago, the Pri Chadash ruled that it is permitted to drink unsupervised milk if there are no non-kosher milk producing animals in the entire vicinity. His argument was that since there is no reasonable possibility that a non-Jew could mix non-kosher milk into the kosher milk, supervision is no longer required. Several other poskim also agreed with this ruling(10). But, almost all of the poskim who followed the Pri Chadash disagreed with his view(11). They all reached the consensus that the ordinance against drinking unsupervised milk is the type of a decree which can be classified as a "permanent ordinance", which, once enacted, can never be abrogated. The ruling by the Pri Chadash also ignored the idol-worship aspect of the prohibition.
Some explain that since the rabbinical degree was issued originally only because of a remote possibility, the fact that no such milk is available in the vicinity is of no consequence. Milk can be certified as kosher only if it is supervised(12).
The Chasam Sofer(13) explains that the ban on unsupervised milk was pronounced irrespective of the availability of non-kosher milk. Even if it could be ascertained beyond all doubt that there was no possible access to non-kosher milk, it is still prohibited to drink unsupervised milk.
Whether for the first or the second reason(14), it is agreed by almost all of the poskim(15) that the Pri Chadash's leniency cannot be relied upon. Some poskim add that even if the halachah were to be decided according to the Pri Chadash, it would be of no consequence, since it has been accepted by all Torah-observant Jews [prior to modern-day America] as a binding custom, which has the force of a vow, not to drink unsupervised milk, even if there are no non-kosher milk producing animals in the entire vicinity. One must, therefore, be stringent in this matter(16).
In more recent times, another argument for leniency was advanced by several poskim(17). They argued that since government authorities in the United States and other developed countries closely monitor the dairy industry and strictly enforce the law against mixing other milk with cow's milk, government regulation should be tantamount to supervision(18). According to this argument, the fear of being caught by government inspectors serves as a sufficient deterrent and may be considered as if the milking is supervised. Based on this argument, several poskim allowed drinking "company milk", i.e., milk produced by large companies, without supervision(19). This argument, however, is not acceptable to most Poskim since it recognizes non-Jews as Kosher supervisors, and, again, it ignores the idol-worship aspect of the prohibition.
The major problem with the concept of "company milk" is that there is no such a thing. All milk comes from a large number of dairy farms, big and small, and it is all mixed together at the "company". Small dairy farms have a very strong financial incentive to mix in pig-milk. The high fat contents of pig-milk allows them to add water to the milk without getting caught by conventional inspection means, thus increasing their profit with minimal risk. In practice, in America today, government inspectors call in advance before they come for an inspection, so the entire idea of the inspection acting as a deterrent is moot.
Most Poskim oppose the leniency with regard to "company milk" for other reasons. Based on the aforementioned view of the Chasam Sofer, who maintains that the rabbinical ordinance against unsupervised milk applies even when there is no possible access to non-kosher milk, there is no room for leniency just because of government regulation. Nothing short of actual supervision by a Jew renders milk kosher(20). Regardless of how probable or improbable it is that such circumvention can happen, it has already been ruled upon by all authorities, unlike the Pri Chadash, that the rabbinical ordinance applies even for remote possibilities(21).
Rabbi P. Waldman from Aish Hatorah wrote the following answer in response to a question:
"In the early 1950's, it was difficult to find locally milk that was overseen by a Jew, and R' M. Feinstein gave reasons why big companies are believed not to mix any other milk with the cow's milk. In the late 1960's we see that R' Feinstein encouraged very strongly that milk from such companies should be avoided, and we should only have proper supervised milk. We are not aware of any responses by R' M. Feinstein, on this subject, that were written later. (source: "Igrot Moshe" by R' M. Feinstein, Y.D. I 46-9; II 31; IV 4:5) "
So, what is the practical halachah?
In the 1950's, when supervised milk was hardly available [or was of inferior quality] and it was truly a hardship to obtain chalav Israel, many people relied on the leniency. Some people continue to rely on this lenient opinion even nowadays when supervised milk is readily available(22). Indeed, many kashruth organizations in the United States, because of business pressures, confer kosher certification on dairy products, and milk, that contain no other non-kosher additives or ingredients, but which are produced from unsupervised "company milk".
Many others, however, no longer rely on this leniency, since conditions have radically changed and chalav Israel is so readily available. It is important to note that while Rabbi Moshe Feinstein agreed in principle with the lenient ruling and in the 1950's permitted drinking "company milk" in extreme circumstances, he himself would not rely on the leniency and advised scrupulous individuals, ba'alei nefesh, and bnei Torah to refrain from drinking unsupervised milk (23). He also recommended that schools strain their budgets in order to purchase chalav Israel.
The following letter (24) by Rabbi Moshe Feinstein gives us an idea of how he felt on this issue:
"Regarding the milk of government regulated dairies in our countries, there are definitely grounds for permissibility to say that they are not included in Chazal's prohibition, as we see that many are lenient in this due to dochak [pressing circumstances] in many places. However, in a place where chalav Israel is obtainable, even though it requires a bit more effort or is more expensive, it is not proper to be lenient in this. One should purchase chalav Israel."
Summary
Only milk that was milked in the presence of a supervising Jew is kosher. The prohibition against unsupervised milk, known as "chalav akum", applies even when no other milk is available or when supervised milk is very expensive.
The prohibition against unsupervised milk is mentioned in the Mishnah, Talmud Yerushalmi, and Talmud Bavli (1) in the chapters dealing with Avodah Zarah (idol worship). This is not a Chumra BeAlma (extra strictness). This is a fundamental prohibition which leaves no room for lenient interpretations.
Several recent Poskim in America allowed drinking "company milk", i.e., milk produced by large companies, without supervision. They argued that government authorities monitor the dairy industry and strictly enforce the law against mixing other milk with cow's milk. Such government regulation should be tantamount to supervision. This argument, however, is not acceptable to most Poskim since it recognizes non-Jews as Kosher supervisors and ignores the idol-worship element in the prohibition. Another problem with the concept of "company milk" is that there is no such a thing. All milk comes from a large number of dairy farms, big and small, and it is all mixed together at the "company".
In the 1950's Rabbi Moshe Feinstein agreed in principle with the lenient ruling and permitted drinking "company milk", but only in extreme circumstances. In the 1960's Rabbi Moshe Feinstein encouraged very strongly that milk from such companies should be avoided. He himself would not rely on the leniency. He explicitly advised Torah observant Jews to refrain from drinking unsupervised milk. He also recommended that schools strain their budgets in order to purchase chalav Israel. "in a place where chalav Israel is obtainable, even though it requires a bit more effort or is more expensive, it is not proper to be lenient in this. One should purchase chalav Israel."
Editor note: Rabbi Feinstein never issued a blanket Hechsher for all unsupervised milk or dairy products. Those who believe he did, are not only making a mistake, but, are also engaging in "Motzy Shem Ra" - slander. Neither did Rabbi Feinstein authorize any kosher supervising agency to "kosherize" products containing non-kosher dairy ingredients. Symbols like OU(D), OK(D), and the like, were invented by business people, not by Rabbinical authorities.
The halachah of Chalav Israel:
The Rabbis enacted a strict prohibition against milk which was not supervised by Jew: Only milk that was milked in the presence of a supervising Jew(1,2) is kosher. All other milk is prohibited. This ordinance is based on the text in the Mishnah, Talmud Yerushalmi, and Talmud Bavli(1) which states that if a Jew did not observe the milking, the milk is prohibited. This requirement is about "observation" not about "evidence".
The Rabbis' fear was not only that one might mistakenly drink non-kosher milk, since horse or camel's milk looks altogether different from cow's milk(3), but rather that a non-Jew might mix a small, undetectable amount of non-kosher milk into the cow's milk rendering it non-kosher. While the Rabbis realized that such an occurrence is unlikely, they were still concerned about it even as a remote possibility(4). Thus, they prohibited drinking all unsupervised milk. This prohibition also includes powdered milk (5). The Rambam(1) explicitely states that all non-Jewish milk is suspect.
The prohibition against unsupervised milk, known as "chalav akum", applies even when no other milk is available or when supervised milk is very expensive(6). This prohibition is so severe, that even a utensil in which chalav akum was cooked is prohibited for use unless it undergoes a koshering process(7).
A utensil in which cold chalav akum is stored for twenty-four hours is also prohibited for use unless it undergoes a koshering process(8). Chalav akum, like most other non-kosher foods, is nullified, bateil, only if it is inadvertently (but not intentionally) mixed into a permitted food or liquid that is sixty times greater in volume(9).
All milk that is not supervised is chalav akum and, therefore, is prohibited.
Unlike wine, there are only two kinds of milk - chalav Israel [supervised and kosher] and chalav akum [unsupervised and prohibited]. There is nothing in between. Later on we will mention a modern invention called "chalav stam" or "company milk" which is an attempt to create an in-between type of milk. However, this in-between type has no basis in halacha and the concept cannot be found anywhere in the early halachic literature.
Is chalav akum ever permitted?
Several hundred years ago, the Pri Chadash ruled that it is permitted to drink unsupervised milk if there are no non-kosher milk producing animals in the entire vicinity. His argument was that since there is no reasonable possibility that a non-Jew could mix non-kosher milk into the kosher milk, supervision is no longer required. Several other poskim also agreed with this ruling(10). But, almost all of the poskim who followed the Pri Chadash disagreed with his view(11). They all reached the consensus that the ordinance against drinking unsupervised milk is the type of a decree which can be classified as a "permanent ordinance", which, once enacted, can never be abrogated. The ruling by the Pri Chadash also ignored the idol-worship aspect of the prohibition.
Some explain that since the rabbinical degree was issued originally only because of a remote possibility, the fact that no such milk is available in the vicinity is of no consequence. Milk can be certified as kosher only if it is supervised(12).
The Chasam Sofer(13) explains that the ban on unsupervised milk was pronounced irrespective of the availability of non-kosher milk. Even if it could be ascertained beyond all doubt that there was no possible access to non-kosher milk, it is still prohibited to drink unsupervised milk.
Whether for the first or the second reason(14), it is agreed by almost all of the poskim(15) that the Pri Chadash's leniency cannot be relied upon. Some poskim add that even if the halachah were to be decided according to the Pri Chadash, it would be of no consequence, since it has been accepted by all Torah-observant Jews [prior to modern-day America] as a binding custom, which has the force of a vow, not to drink unsupervised milk, even if there are no non-kosher milk producing animals in the entire vicinity. One must, therefore, be stringent in this matter(16).
In more recent times, another argument for leniency was advanced by several poskim(17). They argued that since government authorities in the United States and other developed countries closely monitor the dairy industry and strictly enforce the law against mixing other milk with cow's milk, government regulation should be tantamount to supervision(18). According to this argument, the fear of being caught by government inspectors serves as a sufficient deterrent and may be considered as if the milking is supervised. Based on this argument, several poskim allowed drinking "company milk", i.e., milk produced by large companies, without supervision(19). This argument, however, is not acceptable to most Poskim since it recognizes non-Jews as Kosher supervisors, and, again, it ignores the idol-worship aspect of the prohibition.
The major problem with the concept of "company milk" is that there is no such a thing. All milk comes from a large number of dairy farms, big and small, and it is all mixed together at the "company". Small dairy farms have a very strong financial incentive to mix in pig-milk. The high fat contents of pig-milk allows them to add water to the milk without getting caught by conventional inspection means, thus increasing their profit with minimal risk. In practice, in America today, government inspectors call in advance before they come for an inspection, so the entire idea of the inspection acting as a deterrent is moot.
Most Poskim oppose the leniency with regard to "company milk" for other reasons. Based on the aforementioned view of the Chasam Sofer, who maintains that the rabbinical ordinance against unsupervised milk applies even when there is no possible access to non-kosher milk, there is no room for leniency just because of government regulation. Nothing short of actual supervision by a Jew renders milk kosher(20). Regardless of how probable or improbable it is that such circumvention can happen, it has already been ruled upon by all authorities, unlike the Pri Chadash, that the rabbinical ordinance applies even for remote possibilities(21).
Rabbi P. Waldman from Aish Hatorah wrote the following answer in response to a question:
"In the early 1950's, it was difficult to find locally milk that was overseen by a Jew, and R' M. Feinstein gave reasons why big companies are believed not to mix any other milk with the cow's milk. In the late 1960's we see that R' Feinstein encouraged very strongly that milk from such companies should be avoided, and we should only have proper supervised milk. We are not aware of any responses by R' M. Feinstein, on this subject, that were written later. (source: "Igrot Moshe" by R' M. Feinstein, Y.D. I 46-9; II 31; IV 4:5) "
So, what is the practical halachah?
In the 1950's, when supervised milk was hardly available [or was of inferior quality] and it was truly a hardship to obtain chalav Israel, many people relied on the leniency. Some people continue to rely on this lenient opinion even nowadays when supervised milk is readily available(22). Indeed, many kashruth organizations in the United States, because of business pressures, confer kosher certification on dairy products, and milk, that contain no other non-kosher additives or ingredients, but which are produced from unsupervised "company milk".
Many others, however, no longer rely on this leniency, since conditions have radically changed and chalav Israel is so readily available. It is important to note that while Rabbi Moshe Feinstein agreed in principle with the lenient ruling and in the 1950's permitted drinking "company milk" in extreme circumstances, he himself would not rely on the leniency and advised scrupulous individuals, ba'alei nefesh, and bnei Torah to refrain from drinking unsupervised milk (23). He also recommended that schools strain their budgets in order to purchase chalav Israel.
The following letter (24) by Rabbi Moshe Feinstein gives us an idea of how he felt on this issue:
"Regarding the milk of government regulated dairies in our countries, there are definitely grounds for permissibility to say that they are not included in Chazal's prohibition, as we see that many are lenient in this due to dochak [pressing circumstances] in many places. However, in a place where chalav Israel is obtainable, even though it requires a bit more effort or is more expensive, it is not proper to be lenient in this. One should purchase chalav Israel."
Footnotes:
- Mishnah, Avodah Zarah, ch.2.6; Talmud Yerushalmi, Avodah Zarah, ch.2.7, p.15; Talmud Bavli, Avodah Zarah, p.35b. See also Rambam, Hilchot Ma-achalot Asurot, ch.3.15.
- "Supervised" means either watching the actual milking or standing guard outside the milking area to make sure that no other milk is brought in from the outside; Y.D. 115:1. Even a minor over the age of nine may be the supervisor; Aruch ha-Shulchan 115:8. [Nowadays, when the chance of mixing non-kosher milk into cow's milk is remote, even a non-believing Jew may be trusted with the supervision since only non-Jews were included in the original decree; Igros Moshe Y.D. 1:46; 2:47.]
- Cow's milk is pure white, while non-kosher milk is greenish; Avodah Zarah 35b. Some hold that they taste different as well (R' Akiva Eiger on Shach Y.D. 118:8), while others hold that they taste the same (Beis Meir, ibid.)
- As explained by Chochmas Adam 67:1.
- Powdered milk, too, was included in this ordinance; Chazon Ish Y.D. 41:4; R' Yonoson Shteif 159. See, however, Har Tzvi 103-104 who is lenient, and his ruling is followed by the Israeli Chief Rabbinate which certifies unsupervised powdered milk as chalav Israel (Daf ha-Kashrus, December 1997). Most chalav Israel chocolate manufacturers, however, do not rely on the Har Tzvi's leniency, and use only powdered milk made from supervised milk. Note that almost all milk chocolate products are made of powdered milk; liquid (fluid) milk is usually not used to make milk chocolate.
- Darkei Teshuvah 115:6.
- Rama Y.D. 115:1.
- Taz Y.D. 115:7.
- Shach Y.D. 115:17; Chochmas Adam 67:5.
- See Teshuvos Radvaz 4:74 and Pri Toar 115:2.
- See Pischei Teshuvah 115:3, Aruch ha-Shulchan 115:5 and Darkei Teshuvah 115:6.
- Beis Meir Y.D. 115:1; Chochmas Adam 67:1; Avnei Nezer 103; Igros Moshe Y.D. 1:49.
- Teshuvos Y.D. 107, quoted by Pischei Teshuvah 115:3.
- Some additional arguments against this leniency are: 1) There are hardly any locales, especially in rural areas, where non-kosher animals do not exist; Beis Meir, ibid. 2) Chazal did not always divulge all of their reasons for any particular edict; sometimes even when the obvious reason does not apply there are other, concealed, reasons which may apply; Aruch ha-Shulchan 115:6.
- The view of the Chazon Ish 41:4 is somewhat unclear on this.
- Chochmas Adam 67:1; Chasam Sofer Y.D. 107; Birkei Yosef Y.D. 115; Igros Moshe Y.D. 1:46.
- Chazon Ish 41:4; Harav Y.E. Henkin 2:57; Igros Moshe Y.D. 47,48,49.
- As mentioned earlier, "supervision" also includes standing guard outside the milking area so that no non-kosher milk is being brought in from the outside.
- This became known colloquially as chalav stam ("plain milk"), which refers to its status as being neither expressly prohibited chalav akum nor expressly permitted chalav Israel. Note that only large milk companies are included in this leniency; there is no leniency for milk that comes from small farms, etc.
- Zekan Aharon 2:44; Minchas Elazer 4:25; Har Tzvi 103; Minchas Yitzchak 10:31-15; Kinyan Torah 1:38 quoting Harav Y.Y. Kanievsky.
- Chelkas Yaakov 2:37,38.
- Even today there are situations where chalav Israel is not available, e.g., business travelers or hospital patients. They may rely on the lenient opinion; Harav Y. Kamenetsky (Emes L'Yaakov Y.D. 115:1).
- Igros Moshe Y.D. 2:35.
- Dated 5716 (1956) and printed in Pischei Halachah, pg. 107. For unknown reasons, this responsum was not published in Igros Moshe.
