[Avodah] Cholav Yisroel in a Non-Jewish Owned Store

[Prof. L. Levine]

>From today's OU Kosher Halacha Yomis


Q. The local convenience store where I buy my coffee started putting out chalav Yisroel milk. The store does not have hashgacha, but the non-Jewish owner would like to accommodate his chalav Yisroel clients. Is there any issue with using this milk?

A. Shulchan Aruch (YD 118:1) writes that chalav Yisroel milk that was left in the possession of a nochri must be sealed. Otherwise, there is a possibility that it was tampered with and adulterated with chalav akum. We can pose the following question. We are only concerned that a nochri would tamper with a kosher food when doing so would be beneficial to him. (This is known as “neheneh b’chalipin”, benefiting from switching). In the case of the cholov Yisrael, what would be the benefit? The nochri must return a whole bottle of milk to his Jewish friend in any event. What would the nochri gain by switching chalav akum for chalav Yisroel? The answer is that the chalav Yisroel milk may be fresher. In the scenario of our original question, the nochri owns all the milk. What would he gain by switching the two bottles? The answer is that as the chalav Yisroel milk is used, he might replenish the bottle with regular milk which is cheaper. Also, chalav akum may be more easily available than chalav Yisroel. Therefore, one who is strict to only drink chalav Yisroel may not use the open containers of milk that are provided by the store.

YL
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