[Avodah] Government Shutdown and Chalav Yisrael
zev at sero.name
Fri Jan 11 10:42:14 PST 2019
On 11/1/19 5:52 am, Micha Berger via Avodah wrote:
> For the past 20 days, dairy farmers knew that no one from the FDA
> will be checking their milk.>> At what point do we say the assumptions behind
allowing chalav stam
> broke down, and one needs to buy chalav yisrael?
First of all, the FDA does not inspect dairy farms or plants. Neither
does any other federal agency. So in metzius your question doesn't
begin. However, let's suppose this was a state government that shut
down, and the state inspectors were not making their rounds, and proceed
If you're referring to RMF's heter for commercial milk, it does not
depend on government inspection of farms; on the contrary, RMF assumed
that there is no effective supervision of farms, since inspectors only
come occasionally and the farmers are not afraid of them. His heter
originally focused on the regular presence of inspectors at the
*processing plants*, and thus the need to bribe them if anything needed
covering up, as well as the need to bribe plant workers not to report
what they saw; this ensures that it would only be done if a large profit
can be anticipated, which is not the case for adulterating cow milk with
that of a tamei animal.
But by the end of the long teshuvah that ends the series dealing with
this, RMF had moved away from even that requirement. In explaining why
it doesn't matter that there is no "yedi`a berura which is like seeing"
about what the farmers are doing, he sets out the real core of his
chiddush, which is that the whole gezera only applies to the last nochri
who owned the milk before it passed into the hands of a Yisroel.
Assuming there is no real worry about treife milk (in which case no
gezera would be needed because it would be a safek de'oraisa), so long
as we have "yisrael ro'eihu" (which he defines as yedi`a berura) that
this last nochri didn't tamper with the milk, it is cholov yisroel and
we don't care about the previous owners. Thus, he says, since we have
this "re'iyah" at the plant we don't need it at the farm.
But once we accept this argument we can dispense with the plant
inspectors too. If we buy a sealed tamper-proof container of milk from
our local bodega, leshitas RMF we have all we need. We know as if we
personally witnessed it that nothing happened to the milk from the time
it passed into the bodega owner's hands until he sold it to us.
Therefore according to RMF this is cholov yisroel even if the plant that
processed and bottled or packaged it has no supervision at all, just as
milk from an supervised plant is cholov yisroel even though it comes
from an unsupervised farm. So any interruption in the state inspection
system, whether at the plants or at the farms, becomes irrelevant.
Again, provided that there is no sofek de'oraisa, because if there is
one then RMF says we are no longer talking about the gezera of cholov
yisroel in the first place.
Zev Sero A prosperous and healthy 5779 to all
zev at sero.name Seek Jerusalem's peace; may all who love you prosper
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