[Avodah] Does the Aruch haShulchan really think Chalav Yisrael is a Gezeirah?

Micha Berger micha at aishdas.org
Thu Aug 10 13:17:40 PDT 2023


AhS Yomi has gotten to chalav yisrael, YD 115.
<http://www.sefaria.org/Arukh_HaShulchan%2C_Yoreh_De'ah.115>

>From se'ifim 3-8, the AhS builds a strong argument (listing lots of
rishonim and early acharonim) that there is a requirement that milk
be watched even if there is no reason to suspect or any likelihood of
adulteration. E.g. even if kosher milk is cheaper and the farmer doesn't
even own or have available treif animals to milk anyway..

And in se'if 9, one of a series discussing the Rama's position,
talks about the requirement that in such a situation where there is no
cheshash, the Jew still needs to be there for part of the milking. And
that immediately after is no good -- kivan sheyeish taqanas chakhamim".

(The nearest thing he -- and I don't know if I mean the Rama or the AhS
-- gets to R Moshe's heter is AhS se'if 3, where the Rama says that the
Jew doesn't have to actually be able to see the milking. It is enough
that if he stood up he could. Which seems to be aking to RMF's equating
knowing to seeing. But, see what follows.)

Then I got to se'if 16, and RYME succeeded in confusing me again. (I know:
the bar is low.) Now the topic is gevinas aku"m, and he contrasts it
to chalav aku"m:

    ... and in this, cheese is more stringent than milk, because with
    milk, the issue is because of tamei milk, and not a gezeirah beminyan.
    But chesses they prohibited beminyan, and nothing alleviates [this
    prohibition]. So wrote the qadamonim (HH"M, sham).

Is this about a *taqanah* of chalav yisrael vs. a *gezeira* against
gevinas aku"m?

Or is it about beeminyan vs not beminyan. But chalav yisrael is the
older of the two -- if cheese had a vote in the Sanhedrin, wouldn't milk
have too?

Tir'u baTov!
-Micha

-- 
Micha Berger                 If a person does not recognize one's own worth,
http://www.aishdas.org/asp   how can he appreciate the worth of another?
Author: Widen Your Tent                - Rabbi Yaakov Yosef of Polnoye,
- https://amzn.to/2JRxnDF                author of Toldos Yaakov Yosef



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