Sunday, February 19, 2006

Chalav Yisrael and Kemach Yashan

Q: Is it correct to say that Sephardim in the US do not have to keep Chalav Yisrael (as Moshe Feinstein says) but do have to keep yashan?

- Harpaul Kohli

A: As a matter of clarification for the readership, let me define the terms you used. Chalav Yisrael means milk produced under Jewish supervision, as opposed to milk which, though it may be from a kosher animal, was not supervised. Kemach yashan literally means 'old grain'. The Torah tells us that we must not eat grain from the current year's harvest until Passover. A simple way to remember this is to imagine that newly planted grain must celebrate Passover at least once before it becomes permitted. So we are told to continue to eat grain that was planted before last Passover until the next Passover comes around and permits the 'new grain', or 'chadash'. Some later halachic authorities maintain that this prohibition applies only in the land of Israel and that, therefore, it would not hold in the US.

In response to the first part of your question: It is more accurate to say that Chalav Yisrael is not a specifically Sephardic issue. The requirement to eat chalav Yisrael is equally applicable to everyone, but it is up to our poskim (rabbinic decisors) to determine the parameters of the prohibition. As you mentioned, Rabbi Moshe Feinstein maintained that the reason for the institution was purely practical - we needed to make sure that the farmers were not mixing, say, pig milk into the cow's milk they were selling. Since nowadays government regulations serve to keep the dairy industry in check and protect us against the occurence of fraud and/or tampering, Rabbi Feinstein argued that we need not demand actual Jewish supervision anymore. This is not a matter of Sephardic vs. Ashkenazic practice, it is simply a question of the interpretation of a concept in Jewish law. Some Ashkenazic rabbis may take a more conservative approach, viewing the Jewish-supervision requirement as absolute and not subject to change, and some Sephardic rabbis may agree with Rabbi Feinstein's more lenient position. So one should follow one's personal rabbi regarding this matter.

Regarding kemach yashan, the answer is simpler. The hallmark of Sephardic tradition is our acceptance of the rulings of Rav Yosef Karo, also known as the Bet Yosef. In his classic code of Jewish law, the Shulchan Aruch, the Bet Yosef unequivocally states that the law of kemach yashan applies both inside and outside of Israel. See Shulchan Aruch Orah Hayim 489:10 and Yoreh Deah 393

122 comments:

Rabbi Benjamin Rubin, MD said...

Dear Rabbi
If I want to follow Yashan, where can I buy grain products that are Yasahan?

Milhouse said...
This comment has been removed by a blog administrator.
Milhouse said...
This comment has been removed by a blog administrator.
Milhouse said...

I think you need to re-read (or read for the first time) the Igrot Moshe about chalav yisrael. Your statement that "Rabbi Moshe Feinstein maintained that the reason for the institution was purely practical - we needed to make sure that the farmers were not mixing, say, pig milk into the cow's milk they were selling", is simply not true.

On the contrary, the requirement for chalav yisrael is a rabbinic decree that applies only when there is no real likelihood that a significant amount (more than 1/60) of non-kosher milk has been added; in cases where there is such a likelihood, no gezera is needed, since safek de'oraita lechumra. Thus, the gezera must have been made specifically and only for situations where this is not the case. All this is explicit in Igrot Moshe, and I'm surprised that someone who has read the relevant chapters could baldly state the opposite.

R Moshe's famous heter is based on a complicated chain of reasoning, which one may agree with or not, and accordingly one will either rely on it or not; but please don't misrepresent it as something that it is absolutely not.

One practical difference that comes out of the above: if one visits a non-Jewish farm, R Moshe rules that there is no heter in the world to buy fresh milk from the farmer, unless one was there for the milking, and made sure that the tank was empty when it started. Such milk is simply not kosher, just as much as non-Jewish wine or cooking, or as chicken and milk.

Rabbi Joshua Maroof said...

I am unclear on what it was about my post that led you to believe I would disagree with either of your points. I never suggested one could buy fresh milk directly from a farmer - this was an example I was using to illustrate a concept. I am clearly referring to purchasing milk that is commercially processed and therefore regulated by the government. I apologize if I failed to make this explicit in my answer.

You are correct that halav yisrael is a rabbinic decree which has application to many circumstances, even according to Rav Moshe's ruling. In a case of real doubt, we would have a safek de'orayta, and without the presence of government regulation, we'd have an issur derabbanan.I'm not sure where I indicated otherwise.

You seemed to criticize my post for not presenting all of the subtleties of the Igrot Moshe. However, my purpose here was to summarize and simplify Rav Moshe's reasoning for a general audience. The main idea behind his position is "Anan Sahadei", we have reason to assume that the milk is kosher based upon the government oversight. There are other issues and nuances addressed in his teshuvot on this subject, but I believe that this is the fundamental principle that underlies the conclusion.

When it comes to responsa literature, there are many instances of this phenomenon. I am sure you are familiar with Rav Moshe's teshuva on the issue of dairy/meat dishes that have been left over for more than a year. His reasoning there involves an extensive and very elaborate approach to the entire sugya of kelim - even more complex than his discussion of halav yisrael, if memory serves - and yet the conclusion can be summarized, for the layperson, rather simply.

Rabbi Joshua Maroof said...

Rereading your post, I see that you were bothered by the words "purely practical". By this I meant that the rabbinic institution of halav yisrael - which is a gezera, of course - was designed to determine with certainty that no non-kosher milk was mixed into the kosher milk. This is why "Anan Sahadei", which also provides clear evidence to this effect, can serve as a substitute for direct supervision. I didn't mean to imply that halav yisrael was not a rabbinic law.

Anonymous said...

what age do you have to be to be yashan? is it a halacha?

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