Modern Cholov Yisroel: A blunder of nomenclature

The Halacha of needing supervised kosher milk (Chalav Yisrael) is clear. It applies today, as it applied yesteryear. Every single Jew is enjoined to only drink Milk that was supervised by a Jew. (there are different approaches to supervision). There are different reasons between the Bavli and Yerushalmi as quoted by Tosfos in Avoda Zara, but what is inescapable is that:

There is no permission whatsoever not to drink Chalav Yisrael.

This is a famous law, and we (Orthodox Jews, ranging from Charedi to Centrist/Modern Orthodox) have no permission to drink anything other than Chalav Yisrael. The prime reason given is that we are concerned that non Kosher Milk was also mixed in. Without going into the details of whether non Kosher Milk looks different (greenish) and whether Camel’s milk today is in fact white now, and whether there are no non Kosher animals in the flock, the reality is that there is no Orthodox Posek in the world that ever abrogated the need for Cholov Yisroel. They cannot! They are powerless to annul this (nor would they want to annul it in the many lawless parts of the world).

The Pri Chadash and others suggested that the decree only existed where there was a possibility that there was non kosher milk mixed in. Where no such possibility existed, then the milk is considered at the level of Cholov Yisroel. Some reject the Pri Chadash and want to say that the entire country has to have no non-Kosher milk-bearing animals, but here is not the place to delve into the topic in respect to those details. The Acharonim in Yoreh Deah and after that, are troubled by the Pri Chadash’s observation.

We then have the two great permissive analyses of the Chazon Ish and Reb Moshe Feinstein. Neither of these argue that every single Jew need not drink Cholov Yisrael. For those who believe the Chazon Ish was not lenient, I have a wonderful analyses which I can make available once I ask permission.

The difference is what is considered SUPERVISION. According to R’ Moshe (and we rely on such considerations right throughout the Kashrus Industry) Dairies generally have cow’s milk only, and they fear being shut down and/or sued for presenting non Cow’s milk as cow’s milk, and this constitutes the necessary level of Mirtas (fear) by the non-Jew, to the extent that he will not destroy his business. Accordingly, what R’ Moshe and the Chazon Ish (and others) are telling us is that this particular style of fear is equal to the fear or if you prefer ‘halachic efficacy’ of being supervised by a Jew, (who may have washed out any buckets for exactitude at the beginning) and then being in a place near the flock to be able to stand up at any time and see what is happening. Accordingly, they were lenient, and note: this is not a leniency when people travel through China, India, Russia, and many countries where no such “fear of being sued” or “fear of being caught doling out adulterated products exists (I’m not even going to mention places like Africa and Asia). There is a case mentioned in the Aruch Hashulchan (a Giant Navardoker Misnagdish Posek ) where he relates that the Milk in some famous café was in fact Treyf as it was mixed with non Kosher fats to give it an “edge”).

What’s been the wash up of all of this? We now have a generation of people who say

No, we don’t keep Chalav Yisrael

This is plainly wrong. Everyone must keep Cholov Yisroel at all times. What they are really saying, is that they are keeping the Chalav Yisrael as defined by the promulgation of companies producing cow’s milk and the concomitant fear that their businesses will be ruined if they do not adhere to the standards set by Government. [ Imagine the court case, God forbid, of a child who is allergic to milk other than Cow’s milk who is found to have been given tainted milk, that had camel’s milk mixed suffering anaphylactic shock. The outcry would reverberate. This is why many companies say “may contain traces of nuts and dairy” when in fact this is so remote as to be halachically insignificant and basically a clause inserted by legal insurance to protect themselves.]

It’s not just milk. Generally speaking in most areas of Kashrus, one can find an ‘accepted norm’ and then those who (mainly for Kabbalistic reasons, especially with milk — and yes, both the Ramoh and the Mishnah Brura and the Aruch Hashulchan were affected by these considerations) expect more.

If I was an American Rabbi at that time, I would have visited R’ Moshe and asked that he announce that all observant Jews drink Chalav Yisroel. Some (the Ba’al Nefesh, as R’ Moshe was himself but not for his family or his guests) will assume the traditional mode of supervision, with the eye of Mashgiach.

In summary, I would have liked to have seen CHALAV YISRAEL divided up into two categories, just like much Kosher food (and here I do not include the outlier, unaccepted rogue authorities in many cities around the world)

  1. Chalav Yisrael Mehadrin
  2. Chalav Yisrael Stam (where this is known to be considered supervised through another Halachic method)

You might say I’m picky. I don’t believe I am. I’ve spoken inter-alia on this topic with many people over the years, and I have always been floored by the fact that they think that they are drinking NON CHALAV YISRAEL. Chas V’Shalom to think that a Jew doesn’t have this obligation TODAY, and that they are lax and not fulfilling it. No, they are fulfilling it, because it must be fulfilled. Nobody had nullified the degree. Reb Moshe didn’t “do away” with Chalav Yisrael!!!

By sadly calling them either

  1. Chalav Stam (a new extra halachic phrase that never existed) or Chalav HaCompanies (which was not used by R’ Moshe to defined a new type of milk,  but rather an innovative mode of supervision that renders the milk Chalov Yisrael.
  2. Chalav Yisrael

they have created generations of people who actually think that Cholov Yisroel is a Chumra and isn’t Halacha Lechatchilla. I believe this has done damage and created falsehood.

I would urge, certainly Kosher Australia, to use Mehadrin for Cholov Yisroel which is eyeballed by a Mashgiach, as there is a market for this type of supervision, Halachically and Kabbalistically. True, most local milk produced in Melbourne is under the Hungarian Adass Charedim, and they won’t drink non-eyeballed supervision. Kosher Australia uses Mehadrin for many things. The Charedim in Melbourne follow Kosher Australia’s Mehadrin as does the Badatz in Yerusholayim.

A simple paragraph by Koshe Australia explaining when they use Mehadrin for Cholov Yisroel achieves everything and does not passively cause people to err (and dare I say sin God forbid) and think that they don’t have to have Chalav Yisroel and that Chalav Yisrael is something just for people with bushy beards or long peyos. Sorry, Shulchan Aruch was written for all. People do err and they must understand that at all times and at all places Chalov Yisrael is a must! (I’m not going to discuss cheese or butter here)

[ Yes, with bread, which is a staple, the Gezeira of Pas Yisroel wasn’t accepted and there are leniencies, but without going into the different situations when and if these leniencies can be applied, this isn’t paralleled with Chalav Yisrael. ]

I should hasten, unlike the times of the Shulchan Aruch, we also need to be sure the bottled product is actually Kosher (ditto, the bread in a place where Jewish bread, is not available and there is a bakery (Pas Palter). Food production has changed markedly.

Sharing a coffee for social reasons in a non supervised non-Jewish coffee shop when a Kosher one is available, is something I would suggest people ask their Halachic decisor. I’m not comfortable with it.

[ For work, when I think it is necessary: I have black coffee in a glass, and have my own sweetener in a sachet, if theirs is not kosher, or I just drink water].

Happy Lag L’aomer, or Lag B’aomer?

I seem to have unanswered questions on the 33rd day of the Omer. The Gemora in Yevamos tells us that on this day the Talmidim of Rabbi Akiva ceased to die. I haven’t yet understood why that should be a happy day. Why? Well, if they started dying again the next day (assuming the Ashkenazi tradition) then who would be “happy” that there was a day of remission to the extent that it has morphed to. Note: this is, to my knowledge, the only source in Torah Sh’Baal Peh (Gemora) describing this day. Someone sent me a page of the Chidushei Agados of the Maharal on this Gemora. I have it at home, but can’t recall ever looking that up. The Maharal has a really nice explanation. He says that on this day the decree was lifted. Yes, it’s true that those for whom the decree had already been decided continued dying until presumably Shavuos, but I still had problems with this answer. Firstly, assuming that it is the reason, I would have thought that it would have been really hard to “get happy” knowing people would continue dying? Secondly, all but a handful died. It was a potential disaster for Torah She’Baal Peh.

Tradition has it amongst some that this is also the Yohr Tzeit/Hillula of the Rashbi. The Rashbi, is considered to be the author of the Zohar (or if you follow some views, most of the Zohar, but let’s not go there). The Zohar is Toras HaNistar, the hidden Torah, or perhaps the more esoteric metaphysically modelled face of Torah. The Zohar wasn’t and isn’t anathema to Misnagdim or Litvaks (most), but is of course anathema to the DarDaim (of which Rav Yosef Kapach was prominent) who believe to this day that it’s not part of Torah. Either way, the issue of it being associated with Toras HaNistar is agreed, and yet, the Ari Zal, for example, never wrote that on this day Rashbi passed away.

The Aruch Hashulchan and others note that this is the day that the Rashbi emerged from the Cave he had been hidden in for 13 years. That was a day of Simcha because with his emergence, so did the emergence of the Zohar, and the continuation of the chain of Torah SheBaal Peh.

Even assuming it wasn’t his Yohr Tzeit, I understand happiness at his emergence. (The Chasam Sofer mentions that on this day the Manna in the desert started to fall). I also understand that being morose for long periods without a break isn’t the best thing, especially today where the importance of positive thinking and talking is stressed even by secular psychologists. The glass is always “Half Full”. I’m not getting into that topic because like anything, if one over-does this approach in educating their children, I feel it shields them from reality, although I do accept that it should be, especially today, the de jure approach to education.

The Eidot HaMizrach have a different understanding. Yes, according to that Gemora in Yevamos 62B, the students stopped to die. They therefore cut off all Sefira mourning on midday of the next day (although this year being Erev Shabbos is likely more lenient — note, I’m writing this blog without looking things up, which is a bad thing, so remember that! Do your own checking up on what I claim 🙂 That approach makes sense to me, and always did. It’s also not as if the Beis Yosef as a father of Eidot HaMizrach wasn’t a Mekubal. He definitely was. Whether the Rambam was is an issue of contention. I have a book by Professor Menachem Kellner on this general topic, and I know (but haven’t seen) that the Lubavitcher Rebbe wrote a piece proving that the Rambam had access to the Zohar. Again, I digress.

Another question is why we don’t call it Lag Laomer, consonant with the way we count every night. A Rav pointed to a letter from the Lubavitcher Rebbe where he says that we say Lag Baomer is because the numerical value of Lag Baomer is the same as Moshe, and just as Moshe Rabennu revealed the Torah Shebiksav, and Torah Shebaal Peh (Halocho LeMoshe MiSinai) the Rashbi was permitted to reveal the secrets of the Zohar, and the Rashbi was a spark (Nitzutz) of Moshe Rabennu, if you will.

Artists rendering of the Remo

In Shiur today, I made another observation. Tonight, Lag BaOmer, is the Yohr Tzeit of the great Remoh (רמ’’א) who is known to have written 33 Seforim (but it is contentious that he died at the age of 33 as well). The Remoh’s name was MOSHE and he was the greatest Posek Rishon for Ashkenazi Jewry through his glosses on the Tur in Darkei Moshe, but more importantly his glosses on the Shulchan Aruch proper, adding the Ashkenazi view where he disagreed with Rav Yosef Karo. Nu, I suggested that his name was Moshe, and it is fitting that also in PSAK, that perhaps a Nitzutz of Moshe who had the same name, passed on high on this day.

My father ע’’ה in the Remoh's Kloiz in Kracow
My father ע’’ה in the Remoh’s Kloiz in Kracow

Food for thought. Happy for anyone to shred what I have written to ribbons as I have not opened a few Seforim which might help me and make this a better post.

If you haven’t noticed. These are Pitputim. No more.

This story from Colombia is beautifully written and a “must read”

[Hat tip BA]

Read the article here

Amazing is a word that comes to mind.

That being said, the theological conundrum of “what quality of  Neshama does a Ger Tzedek have/acquire”, is a deep question that involves the likely diametrically held views of the Kabalistic Zohar vs the  Rational Rambam (according to many) and their takes on various Talmudic/Aggadic texts. A wonderful article by Rabbi Chanan Balk should be read if you are interested in that topic as well.

Two excellent articles, in summary, that are well worth your time reading in full.

[ I note that Reuven Hammer, a favoured rabbi of conservative/masorti types, recently made waves about equality of neshamos in a different context. In that, he opposed the Zohar and Baal Hatanya and others, and used the alternative view given that it aligns with Western sensibilities of “equality at all costs”—a concept which has been the (warning the hyper-link points to a conservative response) catalyst of many non Orthodox groups.]


T’cheles (likely authentic blue) Tzitzis

The Shulchan Aruch includes a disagreement between the Mechaber (R Yosef Karo) and the (Ashkenazi) Ramo. The Mechaber’s view is that the strings should be the same colour as the four cornered garment they are attached to. In that vein someone wearing a Kapote which is black and has four square edges, would need to wear black Tzitzis. That’s my understanding of the Mechaber. The Ramo states that Minhag Ashkenazim is different. Ashkenazim don’t look at the colour of the garment as determinant, rather they always wear white. Undoubtedly this is not a Minhag from the time immemorial. Rather, when the Jews had preserved the tradition of Tcheles from generation to generation it is reasonable to conclude that the strings were not all white. Indeed, we see even amongst Sefardim like the Rambam, and others such as the Ra’avad and Tosfos different ways to utilise and incorporate the Techeles string.

The tradition of Identifying/finding Techeles was lost. There is the famous Radziner Rebbe who thought he identified Tcheles, and the subsequent debunking of the Radziner Techeles by Chief Rabbi Herzog and others. About 15 years ago the murex trunculus (as I recall, I could be mistaken with the exact name) enjoyed very strong halachic and scientific support as being authentic T’cheles.

Rav Soloveitchik opposed attempts to identify and conclude what T’cheles was as he was very much the Masoretic Jew from Beis HoRav (stretching to the Vilna Gaon). As such, where a mesora/tradition was lost, that was the end of the story, and one would need a Novi/Melech HaMoshiach to confirm the source of the T’cheles blue.

According to Kaballah, the Sefer Hachasidim related that he saw in a prophetic image that God wore white Tzitzis on a completely white garment.

The Mishna Brura opines that it is best to wear a pure white garment and white Tzitzis, as in this way one fulfills both the opinion of the Ramoh and the Mechaber.

It is rumoured that the last Lubavitcher Rebbe’s father, Reb Levi Yitzchok הי׳ד who was an accomplished Kabbalist, wore a plain white Tallis and white Tzitzis.

Mori V’Rabbi Rav Hershel Schachter argues that today, based on the Gemora in Menachos 40a, that the Gemora states explicitly that someone who wears Indigo coloured strings as a substitute for Techeles is fulfilling the Torah command of Tzitzis. Therefore since in our day we have something which can be called ספק תכלת, possibly Techeles, there is a cogent argument to no longer follow the Ramoh’s custom, and to wear modern T’cheles, since it’s a ספק דאורייתא, a Torah doubt, for which we normally are careful to be concerned about.

Clearly, Rav Schachter, arguably the most accomplished of the Rav’s Talmidim, doesn’t agree with his Rebbe, Rav Soloveitchik (during which time this T’cheles wasn’t yet (re)discovered.

Rav Schachter opines that Rav Elyashiv’s view that one should continue wearing white, must be based on a reason that Rav Schachter didn’t merit to understand. I seem to recall Rav Schachter meeting with Rav Elyashiv and this was one of their conversations.

I have a set of the first T’cheles of the new type that have been sitting in my cupboard for many years. I haven’t looked into the matter since I read Rav Soloveitchik’s view.

I’m interested in any views which may differ from the rather compelling logic and psak of Rav Schacter. I know that Chassidim (and today’s Litvaks are no different) look to their Master and follow their Rebbe/Daas Torah behaviour and practices.

I’m interested in halachic arguments against Rav Schachter’s logic.

Klipas Nogah

What the heck is it? I use it in my iPhone email signature. One of my respectful readers asked me to explain what I meant by קליפת נוגה. To trace the concept historically, perhaps its earliest appearance is in the  זוהר חדש יתרו מ”ד ע”ב and I am happy to be corrected by those who live and learn these concepts regularly. I don’t understand Kabbalistic concepts and find them and Chassidus rather impenetrable. That’s just me. Nonetheless, we have Shulchan Aruch Orach Chaim 203 (hat tip RMS) telling us something very profound

אם אי אפשר לו ללמוד בלא שינת צהריים – יישן.

הגה: וכשניעור משנתו, אין צריך לברך “אלהי נשמה” (בית יוסף). ויש אומרים שיקרא קודם שיישן “ויהי נועם” (כל בו).

ובלבד שלא יאריך בה, שאסור לישן ביום יותר משינת הסוס, שהוא שיתין נשמי. ואף בזה המעט – לא תהא כוונתו להנאת גופו, אלא להחזיק גופו לעבודת השם יתברך.

וכן בכל מה שיהנה בעולם הזה, לא יכוון להנאתו אלא לעבודת הבורא יתברך, כדכתיב: “בכל דרכיך דעהו” (משלי ג ו), ואמרו חכמים: כל מעשיך יהיו לשם שמיים, שאפילו דברים של רשות, כגון האכילה והשתיה וההליכה והישיבה והקימה והתשמיש והשיחה וכל צרכי גופך, יהיו כולם לעבודת בוראך, או לדבר הגורם עבודתו. שאפילו היה צמא ורעב, אם אכל ושתה להנאתו – אינו משובח, אלא יתכוין שיאכל וישתה כפי חיותו לעבוד את בוראו.

וכן אפילו לישב בסוד ישרים ולעמוד במקום צדיקים ולילך בעצת תמימים, אם עשה להנאת עצמו – להשלים חפצו ותאותו – אינו משובח, אלא אם כן עשה לשם שמיים.

וכן בשכיבה, אין צריך לומר שבזמן שיכול לעסוק בתורה ובמצוות לא יתגרה בשינה לענג עצמו, אלא אפילו בזמן שהוא יגע וצריך לישן כדי לנוח מיגיעתו – אם עשה להנאת גופו אינו משובח; אלא יתכוין לתת שינה לעיניו ולגופו מנוחה לצורך הבריאות, שלא תיטרף דעתו בתורה מחמת מניעת השינה.

וכן בתשמיש האמורה בתורה, אם עשה להשלים תאוותו או להנאת גופו – הרי זה מגונה. ואפילו אם נתכוין כדי שיהיו לו בנים שישמשו אותו וימלאו מקומו – אינו משובח, אלא יתכוין שיהיו לו בנים לעבודת בוראו, או שתהיה כוונתו לעבודת הבורא או לדבר המביא לעבודתו.

כללו של דבר: חייב אדם לשום עיניו וליבו על דרכיו ולשקול כל מעשיו במאזני שכלו, וכשרואה דבר שיביא לידי עבודת הבורא יתברך – יעשהו, ואם לאו – לא יעשהו. ומי שנוהג כן, עובד את בוראו תמיד.

In other words there is a class of our actions that can be used for mundane/selfish or even sinful purposes but that group is not in of itself an irredeemable or innately bad category. It is a behavioural manifestation that depends on us. If we use it for good, it can be raised to holiness. If we misuse it, it can transform into a negative force.

When we consider many aspects of life, be they secular, seemingly mundane, or even holy, they can be a positive force or they maybe a negative sapping energy.
There are, of course, things which are innately evil or lacking קדושה and are simply impure. These are defined to us by Shulchan Aruch. But ultimately, many things are (in the words of a friend in Miami) Pareve. You can turn them into fleshig or milchig. What you do, depends on your intention and  actions: do you seek to have a positive emanating light or are you fooling yourself, or are you, God forbid, misusing what has been given to you.
iPhone, the internet, and other devices have been slammed by many righteous people and some Poskim. It is  my belief that they fall into the class of קליפת נוגה. In other words, they are not innately bad. They are a communication device but are able to aid in other ways. Of course, like many other appliances, they can be misused for the wrong thing(s). At the same time they can be a source of extreme קדושה.
In my own case the advent of the iPhone opened up a world to me that I would never have experienced. Although I am a musician, I have little music on my iPhone. I only insert the odd song that I need to learn for my band. Currently I have 50 Gigabytes of Shiurim on my iPhone. When I drive to work, and drive home, most commonly I am listening to a Shiur (and usually it’s from Rav Schachter). The internet as stored or accessible on my iPhone which is shining from a parve state to one which I have found  exalted. My own Posek was actually “sourced” from learning via my iPhone. I had the recent pleasure of spending a full day of Yarchei Kallah at YU, together my wife. and I had the merit of hearing two shiurim directly from Mori V’Rabbi Rav Schachter, and also spoke a little with him. The iPhone was the derech that I discovered him and his Torah.
Dayan Usher Weiss is another who I occasionally listen to. He knows me now. Just this week I spoke to him about a difficult Shayla which I became involved in, only because I was asked, and I knew that his standing would be able to influence those on the other end. (My son just brought back the second chelek of his Shaylos and Tshuvos for me).
To perhaps put the concept in more concrete terms. I will quote from a very good book I was given, named “GPS for the soul”, by Rabbi Nadav Cohen. It’s essentially a rewrite of Sefer HaTanya in a form that is palatable for simpletons like me. I haven’t read it from cover to cover, but do look therein when there is a concept that doesn’t cleanly penetrate my head due to the way it’s been explained to me before. Here is an embellished quote

From a verse in Yechezkel 1:4 “And I looked and  behold, a stormy wind came out of the north, a great cloud, a burst of flame, and a glistening (נוגה) around it, we learn there are four kinds of Kelipa (outer shell): “a stormy wind, a great cloud, a burst of flaming and a glistening (the latter is what I think is Klipas Noga)

These four Kelipot subdivide into two main groups: a lower level and a higher level. The lower level which is referred to as a stormy wind, a great cloud, and a burst of flame is called the three impure Klipot and they are responsible for infusing vitality into all forbidden things.

The remaining Kelipah (“a glistening“) is called kelipat nogah and  is responsible for infusing vitality into all permitted things-meaning, anything that isn’t forbidden or (already) a Mitzvah

Sefer Hatanya formally states (chapter 7)

קליפה רביעית הנקראת קליפת נוגה שבעולם הזה הנקרא עולם העשיה רובו ככולו רע רק מעט טוב מעורב בתוכה [שממנה באות מדות טובות שבנפש הבהמית שבישראל כמ”ש לעיל] והיא בחי’ ממוצעת בין שלש קליפות הטמאות לגמרי ובין בחי’ ומדרגת הקדושה ולכן פעמים שהיא נכללת בשלש קליפות הטמאות [כמ”ש בע”ח שער מ”ט ריש פ”ד בשם הזהר] ופעמים שהיא נכללת ועולה בבחי’ ומדרגת הקדושה דהיינו כשהטוב המעורב בה נתברר מהרע וגובר ועולה ונכלל בקדושה כגון ד”מ האוכל בשרא שמינא דתורא ושותה יין מבושם להרחיב דעתו לה’ ולתורתו כדאמר רבא חמרא וריחא כו’ או בשביל כדי לקיים מצות ענג שבת וי”ט אזי נתברר חיות הבשר והיין שהיה נשפע מקליפת נוגה ועולה לה’ כעולה וכקרבן. וכן האומר מילתא דבדיחותא לפקח דעתו ולשמח לבו לה’ ולתורתו ועבודתו שצריכים להיות בשמחה וכמו שעשה רבא לתלמידיו שאמר לפניהם מילתא דבדיחותא תחלה ובדחי רבנן. אך מי שהוא בזוללי בשר וסובאי יין למלאת תאות גופו ונפשו הבהמית שהוא בחי’ יסוד המים מארבע יסודות הרעים שבה שממנו מדת התאוה הנה ע”י זה יורד חיות הבשר והיין שבקרבו ונכלל לפי שעה ברע גמור שבשלש קליפות הטמאות וגופו נעשה להן לבוש ומרכבה לפי שעה עד אשר ישוב האדם ויחזור לעבודת ה’ ולתורתו כי לפי שהיה בשר היתר ויין כשר לכך יכולים לחזור ולעלות עמו בשובו לעבודת ה’ שזהו לשון היתר ומותר כלומר שאינו קשור ואסור בידי החיצונים

So, in summary, what I say in my “iPhone email sign off”, is that like the Television that is wheeled out each Motzei Shabbos in the Shule I daven at on Motzei Shabbos and is used to show DVDs of Torah, that TV is Klipas Nogah. It can glisten and shine and emerge from pareve.

Think of classical music, for example, it can be used to soothe nerves. It can’t be considered as forbidden in my world view.
I recognised the more right-wing sheltered types will see no glistening in such devices. הנח להם … I leave them to their philosophy with which I disagree.
Even the University education of the Lubavitcher Rebbe and the Rav, in my opinion was Klipas Noga. They used it to shed light and infuse the particular type of modern Jew for whom this was “the key”.