[Avodah] Chalav Gevinas Yisrael - Halachic sources

[Rabbi Meir Rabi]

Chazal refused to discuss the reasons for the Cheese Decree until it was
accepted [Gem AZ 35] as they realised the reasons were not particularly
persuasive and it could be easily knocked down in its formative years. So
there is precious little Kashrus Halacha to support the Cheese Decree. It
was instituted to promote Social Isolation.

In fact by its very definition, A Takana can only be instituted where
whatever it is that is being banned is otherwise permitted by HKBH.

It is not necessary for Chazal to disclose every case engineered to
socially isolate Y from their gy neighbours.  And we may just as easily,
perhaps even more convincingly ask: Why would we not assume Chazal saw need
to further bolster their policy of social isolation?

Bishul Akkum, Pas Akkum have nothing to do with Kashrus because even if we
observe that all ingredients and utensils are Kosher - that is not enough -
it is still not Kosher. These require Kosher participation.
Bishul Akum and Pas Akum [surprisingly to us] present no Halachic danger re
ingredients and Keilim. As Reb Akiva illustrated, Bishul Akum was obviously
not instituted for Kashrus reasons because even if we witness the gy
placing the raw potato on his clean brazier, it is not Kosher. But as soon
as we fan the flames a little - then it becomes Kosher. But more
importantly Chazal needed their BAkkum decree to ban foods cooked in their
horribly non-Kosher domestic kitchens.

On this note it is instructive to recognise that one suggested reason for
the Cheese Decree is that it might be made from milk which includes some
non-Kosher milk [it cannot be pure or mainly non-K milk because that has a
different colour and could not be passed off as cow's milk. The milk for
making the cheese would not have been collected with that purpose in mind
because that is plain silly - it would be a waste of the non-Kosher milk
which does not become cheese but washes out with the whey, Rema 115:2.
Rather the milk would have been collected for drinking or to sell for
drinking - in which case the deception would go unnoticed - but it was
leftover and could be preserved by making it into cheese.]

Now, if we are to assert that it goes without saying that cheese MUST be
made with ChYisrael - then this reasoning makes no sense at all because the
cheese MUST be made with milk that is ChYisrael.

Is it certainly incorrect to posit the following - Halacha assumes that all
cheese from a gy is prohibited by Torah Law, because he has probably made
it with non-Kosher rennet [and possibly also used non-K milk]. In that
case, as long as we can establish that all ingredients are Kosher - the
cheese is K by Torah Law.
However Chazal wanted to ban even this. Even when a Yid is present to
guarantee the Kashrus of the milk and also bring along some Kosher rennet
either from his own Shechted calf or tree sap or flower nectar, it is still
not Kosher. So what need we do to have Gevinas Yisrael? Participate in
making it.

There is only one problem - the Rema Paskens [YD 115:2] that Gevinas
Yisrael is made by having a Y WATCH the manufacturing of the cheese.  [BTW
we are more stringent and follow the Shach, cheese is like Bishul and
requires Kosher participation]

Perhaps it is true that not ALL the non-K milk is filtered out; there may
still the leftover milk, but it is certainly wrong to say - it is
forbidden; the Rema Paskens [115:2] that the cheese is Kosher.

Indeed the decree of ChYisrael bans all gy milk even when it is collected
for cheese-making and is certainly exclusively from Kosher animals. That is
the nature of Chazals decrees. Cheese is the same, even when it is
identifiably made with non-animal rennet [its texture is identifiable]
Chazals decree bans ALL cheeses. And so it also bans all milk unless it has
some form of guarantee.
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