Gevinat Akum Executive Summary
Judging by the type of conversation that’s developed over issues surrounding kosher cheese, I figure we all need a little more background on the subject. In the past, I’ve suggested reading The Gevinat Akum Prohibition by Rabbi Chaim Jachter, but I have a hard time remembering the details. Perhaps you do too. So I’ve summarized the rabbinic opinions on why we can’t eat cheese made without Jewish involvement in a handy chart.
With our chart, we now know that the Rambam, Maggid Mishneh, and Rama all conclude that even if the real reason for the prohibition (whatever it is) no longer exists, the prohibition still applies — davar sheb’minyan tzarich minyan acheir l’hatiro (Beitza 5a).
Okay, we can’t eat unkosher cheese. But what makes a cheese kosher? I had a hard time putting this into a chart, so, first, here’s the major dispute:
- The Rama says that a Jew simply needs to monitor cheesemaking, in parallel with our understanding of chalav akum (milk).
- The Shach says that a Jew must participate in the cheesemaking, in parallel with our understanding of pat akum (bread).
The Shach, however, has an interesting proof. The mishnah on chalav akum (that his opponent relies on to be lenient) states fully that non-Jewish milk is prohibited if a Jew does not watch the milking. The mishnah on gevinat akum, however, states only that non-Jewish cheese is prohibited — no mention of whether if it’s watched or not.
A slam dunk, right? Well, there are significant supporters on both sides.
| For the Rama (lenient) | For the Shach (strict) |
|---|---|
| Rambam Noda Biyehuda |
Vilna Gaon Chochmat Adam |
| Rules with Rama, but accomodates the Shach: Aruch Hashulchan R. Moshe Feinstein |
|
In the end, R. Zushe Blech, author of Kosher Food Production
Thank you for doing this! That chart is masterful…
Well done my man. Well done. A question remains. Why, if the great poskim of our day, namely Reb Moshe and Aruch HaShulchan, as you so artfully noted, side with Rama, then, why do we still follow the Shach?
Well, this whole post was based on that article, so my knowledge on the subject begins and ends there. But if I were to speculate, I’d guess our subscription to the Shach is based on the general trend through the twentieth century to accept greater kashrut stringencies, coupled with the wider distribution of kosher products. I imagine that as national products and hekshers superceded local ones, the need grew to appeal to the widest possible market. Until very recently, the only kosher cheeses widely available were those produced under the Shach’s guideline… a defacto “generally accepted practice.”
This is a particular interesting point of contention, and I certainly hope someone with a command of the halachic literature will share the details.
Great Chart - have you been able to identify the “geonim of Southern France” mentioned in Tosfot?
I believe Moshe HaDarshan was one.
For more on the reason behind the geziera, see Yerushalmi Shabbat 1:4. It involves a fight between Beit Hillel and Beit Shammai, which Beit Shammai “won” using, shall we say, questionable means. The gemara calls it the blackest day for Israel since the making of the golden calf. Bottom line: It isn’t about kashrut. It’s about dislike of and separation from non-Jews. It is not the shita of Beit Hillel, but we follow it anyway. Strange.
The reason we follow Shammai and not Hillel is because (this is an overgeneralization and there are exceptions) whenever Shammai says X and Hillel says, you can do X, but you don’t have to, then we follow Shammai. We see this by bentching. Shammai says to bentch where you eat. Hillel doesn’t say, “don’t bentch where you eat,” he says, ” you don’t have to bentch where you eat. Likewise here. Likewise, here. Hillel doesn’t say you can’t hold by Shammais opinion, just that you don’t have to. When their opinions are polar opposites we hold by Hillel.
Does anyone know if some kashrut organizations hold by the lenient opinion and allow a non-Jew to put the bacterial or vegetarian rennet into the mix? Furthermore, if the lenient opinion draws a specific parallel to cholov akum, does any organization besides the CJLS apply Rav Moshe’s opinion about USDA milk to USDA cheese?
I’ve heard that as one of the reasons that some people don’t hold by the Tablet-K is that their Rav holds by the lenient opinion, but exactly how he implements it I’m not sure. Can anyone provide details?
The whole argument is whether the Yid must actually do part of the cheese making by putting in the rennet, or is it enough to just watch the akum make the cheese. But all agree that a Yid must be present during the cheese production
The Tablet K has no Yid in the plants while the cheese is being made. He only checks the ingredients in the plant a few times a year. Looking in Y”D 115 (and the achronim) there doesn’t seem to be a heter for this unless the cheese/milk is owned by a Yid who can employ an akum to make his (the yid’s) cheese.
The Pischei Teshuva says that if the Yid owns the rennet then we can be soimech on the Ramo Lechol Hadeios (that watching is enough)!
So if I understood this correctly, the Rabbis had to come and rain on our parade and say we can’t eat non-kosher cheese, even those made with animal rennet, simply because we needed a social barrier with the non-jews at some time in our history? I know I am a bit jaded when it comes to things like this, but there are some amazing cheese out there, and none of them are kosher.
To Larry (#7):
Rav Moishe’s only stated his leniency about milk. There the gezaira was because we are afraid that the akum might mix milk from a nonkosher animal into the cow’s milk. Rav Moishe’s opinion is based on the fact that the USDA is watching and not allowing the farmers to adulterate with non kosher milk. This is why Rav Moishe’s heter does not apply to countries where the government does not monitor the farmers (ie: many Asian countries). There is no one who holds that the gezaira of gevinas akum can be taken off. As stated in Shulchan Oruch, the gezaira was made even on cheese that we know for sure was made with all kosher ingredients.
To shayt (#9):
You’re making a mistake. The reason for the gezeira of gevinas akum is NOT for a “social barrier”. That is the reason for Bishul Akum (foods cooked by an akum). The reason for the gevinas akum gezaira was because we are afraid that the akum used non kosher calf rennet which would make the cheese not kosher. Shulchan Oruch says that the geziera is now even in a case where we know for sure kosher rennet (and all other ingredients) are used.A Yid must make the cheese
according to the Shach or must be present when it is made according to the Ramo.
Comment 5 above is mostly correct. Cheese of goy appears on the list of the 18 Takanos that where made in the attic of Chananya ben Chizkiyahu ben Guriyan, the same list that includes the wine of a goy. It states further that even if Eliyahu (HaNavi) and his Bais Din would come to be mevatal these takanos, we would not listen to them. Who are we to mess with such a prohibition?
BS”D
Animal rennet is more expensive than microbial rennets. That is why most employ microbial rennet as the caseolytic agent. Animal pepsins are less expensive than animal rennet, but not as effective a coagulant as many microbial rennets. At least, this was the state of affairs a few years ago when I was raising milk goats and making cheese and other dairy products for my family’s consumption, and considering going commercial.
To Craig Winchell:
Craig, could I get in touch with you off the board? I’ve been very interested in the subject you mention in your post, and would appreciate the chance to talk to someone who’s been through it before. If you would, kindly email me at yg_101@yahoo.com or let me know how I can contact you.
Thank you much!
Joseph
Unsubstantiated, unhelpful, and/or unrelated comments have been moderated; apologies to all those who spent time writing detailed comments. Furthermore, comments on this thread are now closed.