[Avodah] Halacha in changing times

[Micha Berger via Avodah]

On Thu, Jul 28, 2016 at 11:16:19PM +0300, elazar teitz via Avodah wrote:
:      Those who are mattir chaleiv hacompanies do not consider it a change
: in halacha, but rather a hetter built into the g'zeira itself.  While the
: original g'zeira was milk milked by a goy whom a Jew did not witness, the
: g'mara itself says that it is not necessary for the Jew actually to witness
: the milking; it suffices that the goy fear that the Jew can show up...

Yes, that's Rav Moshe's approach.

However, the Peri Chadash YD 115:6, quoting the Radbaz, undersoof that
the problem was the risk of adulterated milk directly. Not a gezeirah,
but a pesaq. IIRC, the IM specifically says he is holding like the CS,
not the PC.

Along the same lines, the AhS (#10) quotes the Issur vHeter that as long
as there is no risk, the milk is kosher.

However, the AhS, in his disagreement, clearly did not understand the PC
as saying what RMF later cdoes. He insists that in the case where there
is no measurable risk of adulteated milk, one would still have to have
a Jew watch part of the milking (as per the Rama).

RMF's qulah would not override CY as the AhS describes it. He could say
that even the Chasam Sofer only requires yedi'ah and not actual re'uyah,
but this doesn't fit the AhS.

Which is why I originally listed three shitos: the Chasam Sofer's
(gezeirah, and therefore not dependent on the metzi'us), RMF's (gezeira,
but relies on yedi'ah enough to be dependent on the metzi'us), and
the AhS' understanding of the IvH and how I was reading the PC (pesaq,
and thyerefore directly a function of metzi'us).

Tir'u baTov!
-Micha

-- 
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