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Buying kosher fish in a non-kosher store and other fish Kashrut issues
By Rabbi Yitzchak Benjio, Kollel Etz Haim and Kashrut Supervisor for the KCL, Lakewood
Fish have been a staple in Jewish cuisine throughout the world for many generations, and are currently experiencing a tremendous wave of popularity in the kosher kitchen and the modern food scene. The infinite ways to serve and enjoy fish have brought the kosher consumer to look for more ways to find a steady supply of premium, fresh kosher fish.
While buying fish from a kosher market presents relatively few halachic problems, buying from a general market is an entirely different story. In this article we will discuss the various issues that should concern a kosher consumer who buys fish from a general establishment with no reliable kosher supervision.
Recognizing the Species
The Torah writes[1]: “This you may eat of all that is in the water, all that has fins and scales you may eat.” Hachamim assert that, while there are many fish with fins and no scales, there are no fish with halachically viable scales that have no fins[2]. Thus, if one identifies scales on a fish, one can be certain that it is kosher. Many times, fish are offered for sale after their scales have been removed, which poses a kashrut issue, as the consumer cannot know whether the fish is kosher or not. One cannot rely on the non-Jewish store owner’s claim (or even that of an expert) that it is a kosher fish, as various species of fish are interchangeable[3].
According to Maran, as long as one can recognize even one scale on the fish, one can identify a fish as kosher. While the Rama maintains that the scale must be in a place where it cannot have come from anywhere else, such as under its cheeks, on its tail or next or under its fins. Still, finding two or more scales is a sufficient identifying factor, even if they are found elsewhere on the body.
Finding a Match
Finding scales on a matching piece of fish is also enough[4]. For example, if the store owner were to slice the fish into two, and a scale would be found on one of the pieces, the matching piece can be identified as kosher – even if they are detached. It would seem difficult to rely on this Halacha to certify large batches of tuna fish as kosher, if a scale can be identified on one of the chunks, as the tuna chunks can be easily interchangeable and claiming a match is not as easy as it would be on matching pieces of the usual fish fillet.
The Unmistakable
Unlike tilapia, whitefish and other species, some fish – such as salmon – are unmistakable. This is not merely because of the fish’s pink color (which can be sometimes enhanced with food-coloring, and can be also found in some non-kosher species), but also because of the fish’s unique characteristics. This is why most kashrut agencies do not require one to find scales on unsourced salmon, as one can be absolutely certain that salmon is salmon[5]. This is the opinion of the majority of Poskim, including Rav Moshe Feinstein and Rav Yisrael Belsky זצ”ל.
Rav Belsky takes this logic even further, allowing one to rely on a herring’s signature silver tinge, to identify it as a kosher species without seeing scales[6]. However, many Poskim argue and maintain that the silver tinge is not such a strong identifying factor.
Kosher Utensils
Once one has determined that the fish that he is buying is indeed kosher, one must now determine that the utensils used to handle the fish, such as the gloves, board and knives did not have any non-kosher residue on them. One can ensure this is the case by providing the store owner one’s own kosher utensils. If the store owner insists to use his utensils one would have to wash them properly and subject the knife to “Ne’itza” – which is done today by scrubbing it with steel-wool and dish soap[7].
It is important to note, that one may not leave his utensils at the store so it would be used whenever he comes. This is because we suspect that store owner may have used it for non-kosher items. According to Maran[8], one would have to place the utensils within two hottamot (reliable seals) to ascertain that the utensils are used exclusively for kosher fish.
In the case of a large-scale factory that processes only kosher fish with skin (such as a facility that packages salmon), the Aharonim are lenient and do not require the utensils to be certified kosher, as the possibility that they were used for a non-kosher items is remote, and even in such a case the small amount of non-kosher residue would be nullified in the vast amount of kosher fish that are being processed[9]. [This is not always the case with tuna bought at commercial fish markets, which is often processed alongside non-kosher fish and the knives are only dipped in hot water between the fish. That would not be a sufficient method of removing the substantial amount of non-kosher residue that is found on the knives.]
If the fish was cut with a non-kosher knife, one would need to wash it, and, according to the Havot Ya’ir and others [10], one must also pass the sharp side of a knife over it to scrape off any remaining residue (Gereda).
Many times, kosher fish may be stored alongside non-kosher fish or displayed on a bed of ice which previously displayed non-kosher fish. This can be an issue even with whole fish. In such a case, one must wash off any possible residue [11].
A Kashrut Seal and Supervision
As was previously mentioned, in order to ascertain that the kosher utensils are kept kosher, one must place them within two reliable seals. This is the case with all meat or fish products, as well as other things, as the Shulhan Aruch details [12]. This can be very relevant when ordering sushi or catering an event, in which case the fish platters (or any fish delivery) must have two reliable seals to ensure they are not switched.
Unfortunately, in many instances this Halacha can be overlooked. For example, if the platters leave the kitchen on the way to the event, and one of the workers realizes they forgot to include a vegetable or the like in the platter. Trying to stick something into a sealed platter would invalidate the seals and the fish would be considered to be inadequately supervised.
Another issue pertains to the commercial packaging of canned tuna, sardines, anchovies and the like. In Halacha, we generally rely on the concept of a Yotze V’Nichnas – a mashgiach who comes and goes unexpectedly – to guarantee that the ones handling the food will be afraid to be caught switching the product to a non-kosher product. However, Rav Moshe Feinstein is quoted [13] as saying that this method is ineffective with assuring that a big factory does not mix in non-kosher fish. This is because breaching the protocol only takes a few seconds, in which no one will fear that the mashgiach will suddenly appear, especially in large factories with surveillance systems and elaborate facilities.
Fish Products
Finally, we must discuss the kashrut of some popular fish products. Fish gelatin without a kosher certification may come from non-kosher fish. Although cod is a kosher fish, cod liver oil requires a kashrut supervision as it may contain up to 3% of non-kosher ingredients. Similarly, omega 3 pills can also come from non-kosher fish and should be certified kosher.
The accepted P’sak is to rely on the color of fish eggs (roe) to determine their kashrut [14]. If the eggs are an orange-red, they are assumed to come from kosher fish, whereas if they are black they are generally from non-kosher fish. Some factories color their fish eggs black so that they resemble non-kosher caviar. If they are certified kosher it is permissible to eat them and there is no problem of Mar’it Ayin – seemingly eating non-kosher [15].
Sources:
[1] דברים יד, ט
[2] נדה פ”ו מ”ט, חולין ס”ו ע”ב
[3] כמבו’ בשו”ע סי’ פ”ג סעיף ז’
[4] שם סעיף ד’
[5] כ”מ מהגמ’ בחולין ס”ו ע”א אין לו קשקשין ועתיד לגדל לאח”ז, דע”כ סמכינן על שמכירים את מין הדג, וע’ בב”י ורמ”א, ובט”ז כתב דכ”כ היה פשוט דין זה למרן שלא הוצרך להביאו. וע’ פת”ש סק”ב.
[6] שולחן הלוי סי’ יט אות יג
[7] ע’ אמת ליעקב יו”ד סי’ פט, ומה שנקט שאף צריך להשתמש בסבון כלים לכאורה היינו רק משום שזה מועיל להסיר השומן, ולא משום שפוגם את הטעם דהרי השמנונית בעין
[8] יו”ד סי’ קי”ח ס”א
[9] דרכ”ת סי’ צ”ו סקל”ו
[10] סי’ קע”ט, הובא בפת”ש יו”ד סי’ צ”ה סק”ה
[11] ואף אם שהו שם יותר מכ”ד שעות לא מקרי כבוש כה”ג הואיל ואין הציר מלוח, כמבו’ בדרכ”ת סי’ פ”ג
[12] יו”ד סי’ קי”ח
[13] מסורת משה
[14] ב”י יו”ד סי’ פ”ג
[15] ילקוט יוסף, או”ה ח”ב סי’ פ”ג אות י”ד, והטעם ע”פ מש”כ התפא”י דאין חוששין למרא”ע אלא כשיש קצת הוכחה לאיסור יותר מן ההיתר, ע”ש עוד במה שהאריך.