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Adapted by Rabbi Ariel Ovadia[1]
Our Hachamim prohibited any milk that a non-Jew milks without Jewish supervision out of the suspicion that non-kosher milk may be mixed in[2]. This is referred to as “Halav Akum”. Milk that is supervised by a Jew is referred to as “Halav Yisrael”. In this article, we will discuss some of the relevant applications of this Halacha.
Video Surveillance
While the Halacha requires Jewish supervision of the non-Jew’s milking, the Jew does not have to be present during the entire milking process. He may come and go unannounced as long as he is there in the beginning of the milking ensuring that the there is no non-kosher milk (or animals) on premises and that the vessels are clean. Furthermore, if a Jew verifies prior to the milking that only kosher animals are in the milking barn and stands guard outside the barn while the milking occurs to ensure that no other animals are brought in, this too is considered to be Halav Yisrael.
The contemporary Poskim debate whether video surveillance would satisfy the requirement of Jewish supervision of a non-Jew’s milking. Those who allow the use of video cameras maintain that the Jew who oversees the milking does not have to be physically present, citing the Halacha that allows the Jew to verify that only kosher animals are in the milking barn and stand guard outside the barn. This proves that verification is sufficient even without physical presence. In fact, video supervision is even better than standing outside the barn, as the Jew can actually view the inside of the barn with the video camera.
Other Poskim argue that the rabbinic requirement of Halav Yisrael mandates that a Jew must be physically present during the milking. Whereas checking the barn and then standing outside is a form of physical presence, video observation is not [the OU follows the latter opinion, and OU Halav Yisrael products are not supervised with video connections].
Butter
Whether butter from unsupervised milk is permitted is the subject of dispute amongst the Ge’onim and Rishonim. The Rambam[3] and the Shulhan Aruch[4] permit such butter, in the absence of any preexisting custom to prohibit it, because milk from non-kosher animal species cannot be churned into butter. Hence, we can be certain that butter comes from kosher milk, and there is no need for the milk to be supervised.
Later Poskim mention the possibility of various advanced modern-day techniques that can mix in non-kosher ingredients into what is labeled as butter. The Nehar Mitzrayim (Ribbi Refael Ben Shimon) tells a story of a rabbi who traveled to France in the late 19th century and relied on this Heter to buy unsupervised butter. He later learned that the butter contained non-kosher ingredients.
Even after the Kashrut agency does verify that all of the ingredients in the butter are from kosher sources, we must still inquire whether modern-day butter is included in this leniency. In our contemporary era, butter often contains “starter distillate”, a dairy flavor produced from the condensate of fermented milk, which is added to butter to enhance its taste. According to Rav Belsky ztz”l, butter that contains starter distillate (often included on the butter’s ingredient panel under the general category of “natural flavor”) does not have the above leniency, as the Heter applies only to butter churned from pure cream and not to butter that contains other dairy additives.
Halav “Stam”
The prohibition of Halav Akum applies even in a place in which non-Jews disdain non-kosher milk. In a place where non-kosher milk is rare or where there is no economic incentive to mix it in to kosher milk, there is a debate amongst the Poskim whether the prohibition of Halav Akum applies according to Sefaradim when the milk is milked on a publically accessible farm[5].
However, the Poskim of our day have incurred the Halachic principle of “Anan Sahade” (virtual witnesses), which means that clear knowledge of a phenomenon is the Halachic equivalent of witnessing it. The Heter of “Halav Stam”, as formulated by Rav Moshe Feinstein ztz”l[6], is predicated upon our clear knowledge that the government regulates the dairy industry properly, including the government’s ensuring that milk from non-kosher species is not present. We know that the milk suppliers adhere to the dairy regulations because the suppliers are apprehensive of being penalized for violation and of their reputations being ruined through noncompliance. Halachah would consider our clear knowledge that the milk is not from non-kosher species to be the equivalent of us being witnesses. Hence, the requirement that a Yisrael must witness all milking is fulfilled, as we are all deemed Halachic witnesses to the milk’s production[7].
Nevertheless, it is important to note that this Heter only pertains to countries which have adequate dairy regulations. The OU’s Poskim have determined that European Union nations and other countries with well-enforced dairy regulations qualify for the Heter of Halav Stam. In countries where such regulations are lacking or are poorly enforced, milk remains prohibited as Halav Akum according to all opinions and requires on-site supervision in order to be permissible. To inquire about a specific destination, you can contact the OU via kosherq@ou.org
Powdered Milk
Nowadays, many milk chocolates, pastries and other products are made exclusively with powdered – not liquid – milk. According to many Poskim, powdered milk is not included in the prohibition of Halav Akum[8]. Nevertheless, the Yalkut Yosef[9] advises not to rely on this Heter only for minors (independently of the aforementioned Heter of Halav Stam).
Sources:
[1] Based in part on the OU “Halacha Yomis”
[2] ע”ז ל”ה ע”ב, יו”ד סי’ קטו ס”א
[3] פ”ג מהל’ מאכ”א הט”ז
[4] שם ס”ג
[5] ע’ ילקו”י או”ה ח”ב עמ’ פט
[6] אג”מ יו”ד ח”א סי’ מז-מט
[7] ובין המחמירים נמנים המנחת יצחק, קנין תורה בהלכה, והסטייפלר. ולדינא, כתב הילקו”י [או”ה ח”ב עמ’ צ] ראוי ונכון להחמיר שלא לשתות חלב עכו”ם זולת במקום חולי או לתינוקות. ומכל מקום הדרים בחוץ לארץ בקביעות וקשה להם להחמיר בזה, וגם אין באפשרותם להשיג חלב ישראל, הסומך על דברי המקילין יש לו על מה לסמוך, גם שלא במקום חולי. ע”כ. ובימינו כבר לא כ”כ קשה להשיג חלב ישראל בהרבה מקומות יישוב ישראל בחו”ל.
[8] שו”ת לבושי מרדכי, זקן אהרן וולקין, החזון איש (יורה דעה סימן מא סעיף ד’), הר צבי, אג”מ, ישכיל עבדי, דבר יהושע, ישיב משה, ציץ אליעזר
[9] איסור והיתר ב’ עמוד צו