[Avodah] What IS the Pesak of the Rema? Cheese Decree - Unravelling the Mystery and Confusion

[Rabbi Meir G. Rabi]

I stated that the Rama Paskens that leftover non-K milk droplets in
cheese are not a problem - therefore the Rama Paskens that watching the
cheese-making process is enough to make the cheese Kosher notwithstanding
that the milk was not supervised and may contain some non-K milk.

It is difficult to fathom the response therefore that attempts to counter
this position by arguing = No, for two reasons: 1) because the Rama does
not pasken that the gezera is because of leftover [non-K]milk.

So the protest against my argument repeats what I presented, the Pesak
of the Rema - but cannot see how that undermines his own position.

The protester continues with a second point = if we saw him use kosher
rennet it's OK because the Rama paskens cheese must made from CY

This is not correct, the Rama Paskens that after the fact, cheese made
with non-ChY is Kosher.


[Email #2. -micha]

Tosafos AZ 35b DH Cheese may have residual [non-K] milk droplets, says
the following = meaning we may not acquire milk from a gy to make cheese
but we ARE PERMITTED to buy the CHEESE the gy makes for himself because
he certainly is not fool enough to make cheese from anything but milk
from animals that will become cheese i.e. Kosher animals.

Tosafos add to this = we need not concern ourselves [with the risk] that
the milk also contains non-K milk = in other words, there is certainly a
possibility, as we mentioned earlier, that the gy has leftover drinking
milk to which he DID add some non-K milk and now he uses it to make
cheese - but that does not register as a Halachic concern.

Accordingly, those who in this discussion argue, that the cheese made
with rennet from Neveilah is Assur Min HaTorah, are uninformed. Firstly,
there would be no need for a decree. Secondly, even if it was a very
small risk and therefore Muttar Min HaTorah but forbidden by Chazal,
the Gemara would have shut down all opposition to the decree by offering
that reason. And there would be no need to keep it a secret.

So, cheese made by the gy is Muttar Min HaTorah. Chazal prohibited
it. The motivation was not Halachic but to promote social isolation
[even the term Chasnuss intermarriage was an exaggeration designed to
frighten and successfully implement the decree - which was driven by far
more subtle considerations, that we are a nation that MUST dwell alone]

Why is cheese made with rennet from a non-kosher animal Kosher? Because
rennet is not a food, it is Pirsha BeAlma - a waste product. In those
times cheese was made with the CONTENTS of the calf stomach which is
Pirsha - rubbish.

Eventually, when a trend emerged to make some cheese with the stomach
itself, which is meat and Neveilah or even from a non-K species [the
stomach would be dipped for a short interval, into the vat of milk and
a little of the rennet would leach out of the glands that are situated
within the stomach wall] Chazal found the trigger, the ikky factor, which
they knew they could successfully employ to implement their cheese ban -
the gys cheese may have been made with non-K MEAT.

In truth, the meat has nothing to do with the cheese, it is no more
than the sponge in which the rennet is contained and it is the rennet,
not the meat that makes the cheese. Therefore, it is a decree from Chazal
and is not related to Kashrus. Again we must note the genius, the Siyata
Dishmaya that inspired Chazal and that has so successfully guided us
through our Galus whereby we retain our identity and are proud Yidden.


[Email #3. -micha]

There is a contradiction in the Rama -
115:1
Milk which is prohibited as ChAkkum, even if it processed into cheese
[and is thereby filtered] remains prohibited

115:2
cheese manufactured by a g under the supervision of a Y, using milk
that was not monitored, is Kosher after the fact, but we may not drink
that milk.

The explanation is that in 1, the milk is ALREADY ChAkkum, in 2 it is
not yet ChAkkum because it has not yet become the Ys milk. I think this
is the foundation of R Moshe.

Take note from 2, the SAME product as milk IS NOT KOSHER, but it IS
KOSHER as CHEESE.


Best,
Meir G. Rabi