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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.


Blog Image: AskTheRabbi.jpg
# 1163 How-Love Yisrael?
Q. 1) Why is the shitah of the Chazon Ish not spoken of more when it comes to the issue of cholov stam? Especially in today’s times where not only is tomay milk more expensive, it’s basically impossible to find and where it is found it is quoted as to being over 50 times more expensive!
In a community where cholov stam is significantly more expensive and the products are more limited would the C.I. combined with Rav Moshe be justification for bnei torah to be meikel? Thank you!

Q. 2) I live in a community where cholov yisroel is significantly more expensive (cholov stam $3 a gallon, cholov yisroel is $8 a gallon) and the availability of products is more limited. Even though some have questioned Rav Moshe's famous heter on the subject, would not the Chazon Ish's view which was seemingly lenient on the subject be a significant factor to consider in places where cholov yisroel is significantly more expensive to keep? Thank you

A. The Mishna (Avodah Zarah 35b) records that our sages forbade the consumption of milk from a kosher animal that was milked by a Gentile without (observant) Jewish supervision.  The Talmud explains that this was enacted because of concerns that the non-Jew may have mixed non-kosher milk milked from non-kosher animals with the kosher milk.  Poskim debate if this prohibition applies even if the Gentile has no non-kosher animals in his herd (see Mordechai Avodah Zara 826, Teshuvot Radbaz 4:1147, and S’mak 123).  Some authorities are lenient only if in an entire locale non-Kosher animals are not milked.  Later Poskim also disagree.  Pri Chodosh (Y.D. 115:6), Chazon Ish (Y.D. 41:4), Igrois Moishe (Y.D. 1: 47), Yalkut Yosef et.al. rule leniently, whereas Aruch Hashulchan (Y.D. 115:5), Chochmas Odom (67:1), and Chassam Sofer (Y.D. 107, cited in the Pischei Teshuva Y.D. 115:3), rule strictly. 
Chazon Ish (Y.D. 41: 4) relies on the opinion of the Pri Chodosh and aligns the idea of relying on the government supervision with the reasoning of the Pri Chodosh. 
However, the realistic and practical Chazon Ish’s view on this matter was clarified by his brother-in-law the Staipler Gaon zt”l (Karayna D’igrassa 2: 123) namely that he was only lenient to permit frail Yeshiva students to drink powdered milk in difficult wartime years when milk was not readily available in Eretz Yisroel.  Thus, the Chazon Ish essentially accepts the view of the Pri Chodosh only in case of great need.  For further discussion of the Chazon Ish’s view on this issue see Benesivei Hecholov p.31.
Many other Poskim adopt the approach that government supervision is inadequate to satisfy the view of the Chasam Sofer.  These include the Chelkas Yaakov (3: 37-38), Minchas Yitzchok (9: 81), and Shevet Halevi (4: 87) where he records a remarkable conversation he had with the Chazon Ish about this matter. Similarly, it is quoted that when Horav Moishe Soloveitchik zt'l mentioned to the Chazon Ish that people say he permitted cholov akum, he rejoined: “They may as well say that I permitted an Eishes Ish” (Hamaor 6: 4: p. 11)
We should note that even Rav Zvi Pesach Frank who permits powdered milk produced from non-cholov Yisrael milk, does not permit the consumption of the actual milk even though we are certain that no non-Kosher milk has been introduced because of government supervision. 
Horav Shlomo Miller's Shlit'a opinion reflects the ruling of the stringent Poskim above mentioned.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a



Posted 9/26/2016 12:35 PM | Tell a Friend | Ask The Rabbi | Comments (0)

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