Cholov Yisroel and Non Cow Milks By: Rabbi Yoni Rappaport, Rabbinic Coordinator

Kashrus News Running a kashrus organization can be a challenging job. Establishing standards and procedures and ensuring compliance is a daunting responsibility. From May 8th through May 10th, leaders of kashrus organizations from around the world joined together for three days of sharing best practices, shiurim, hands-on demonstrations, networking, chizuk, and celebration. Held in Iselin, NJ, the convention was facilitated by AKO (Association of Kashrus Organizations). Founded in 1985 and representing 108 kashrus organizations, AKO has enabled the kashrus industry to unite, establish standards, and meet global challenges. With over 150 participants, the convention was led by Rabbi Sholem Fishbane, Executive Director of AKO and Kashrus Administrator of the Chicago Rabbinical Council (cRc), and hosted by Kof-K Kosher Supervision, where Rabbi Ari Senter and Rabbi Moshe Reich, together with the entire Kof-K staff truly made it a memorable convention. A highlight of this convention (there are two every year, one focusing on industrial supervision, and one catering to local certifiers) was undoubtedly the siyum haShas and hachnasas Sefer Torah in memory of Rabbi Zecharia Senter, Founder and Rabbinic Director of the Kof-K for half a century, and Rabbi Don Yoel Levy, who led the OK for 33 years. The two men, who passed away on the final day of Pesach, exactly one year apart, were remembered as visionary leaders who broadened the frontiers and raised the standards of kosher supervision. The hands-on demonstrations and workshops included one on nikkur (removing the forbidden fats from mammals), for which almost an entire cow was brought into the conference hall, and one on kosher fish, during which more than 20 pieces of fish — both kosher and non-kosher — were inspected and displayed. In an industry where even the smallest details can make a big difference, there were no less than three sessions focusing on leafy greens: one by the Hisachdus Harobonim on the art of checking for bugs, one by Cincinnati Kosher on vertical farming, and one by the Star-K on the reliability of triple-washed lettuce. Other highlights included a demonstration by the OU on safely kashering commercial equipment, a thoughtful presentation of new research on the issue of displaced abomasum in cows, and a lively debate on publishing lists of items not requiring certification. Many participants reported having gained greatly from a question-and-answer session with Rav Dovid Cohen, leader of the Gvul Yavetz community in Brooklyn, who addressed many ethical and moral dilemmas, and an inspirational talk was given by Rabbi Meyer Yedid, Rosh Yeshivah of YDE and Rabbi of Congregation Shaare Zion. “Throughout the conference, the achdus was palatable,” said Rabbi Fishbane. “Where else do you have competitors helping each other out, sharing tips of the trade, and working together in harmony? At the end of the day, we all work for one Boss, and we’re all here to do His work.”

Cholov Yisroel Available on Star K Website Approximately 25 years ago, a serious revelation was brought to the fore that affected the entire dairy industry. It concerned a unique condition that occurs in certain dairy cows. At times, due to poor diet, a cow’s stomach can produce gas causing it to twist and dislodge, which creates a blockage of the intestinal tract. If left alone and not rectified, the cow will die. This displacement condition is known as a ‘displaced abomasum’ (DA for short). What are the halachic implications of corrective surgery? In order to understand the problems associated with corrective surgery, let’s take a short lesson in kosher anatomy. The Torah clearly defines the kosher criteria for a cow. The cow must have a split cloven hoof – שסעת‭ ‬שסע and chew its cud –‭ ‬מעלת‭ ‬גרה. A species that chews its cud is known as a ruminant. We have been taught that a cow has four stomachs. The cow’s stomach is actually divided into four parts: the rumen – כרס, the reticulum – בית‭ ‬הכוסות, the omasum – המסס, and the abomasum – קיבה. The food enters the כרס (rumen) from the ושט (esophagus) and exits the קיבה (abomasum) into the small intestine – דקין. In the event that a cow develops a digestive blockage, the bloat can twist the abomasum and displace it. The cow will then require medical treatment to correct the displacement. A veterinarian may employ different methods to correct the displaced abomasum; some invasive, and some non–invasive. All too often, the veterinarian will have to puncture the‭ ‬abomasum to release the gas build–up and to relieve the cow. This puncture results in what the Shulchan Aruch calls a נקב (puncture, or hole) in the abomasum. Even if the veterinarian untwists the abomasum manually, the abomasum is often sutured into place to anchor it so it will not become displaced again. Suturing the קיבה can potentially puncture it. The Shulchan Aruch lists the puncturing of the קיבה as a disqualification for a treifa. Although the cow has been saved and recovers quite quickly, becoming a great milker, the הביקה‭ ‬תביקנ, albeit healed, is viewed by cholov yisroel certifiers as a s’fek treifa and the cow is disqualified for milk production. If the DA cow remains in the herd, tracking it is a daunting task for the mashgiach. Systems have to be set up along with special tagging and separate milking to isolate these cows so that they do not mingle with the rest of the herd. Cholov yisroel productions supervise separate DA milking. Moreover, when a farm wants to qualify for cholov yisroel production, the mashgiach has to delve into the history of each cow to assure that no post–operative DA cow has been integrated into the herd. Other kosher certifications do not want to risk DA comingling. To that end, any cow that has been diagnosed with a DA (when milk production drops) is immediately sold and taken off the farm. It is STAR–K’s policy at Pride of the Farm to sell any cow diagnosed with a DA and to remove the cow from the herd, ensuring there is no inadvertent comingling at the chaliva. All cows in the Pride of the Farm herd have been birthed and raised on the premises, allowing for meticulous record keeping and assurance that no DA cow has been integrated into the herd. The Spillover Additional notes about DA By: R’ Manes Blumenfrucht, מחבר‭ ‬ספר‭ ‬חָלב‭ ‬טריפה The above-mentioned systems that are used to avoid the DA issue only pertains to cholov yisroel milk, since the mashgichim who visit the farms can remove DA cows. However, for those who consume cholov stam products (relying on the ruling of Rav Moshe Feinstein z”l that government supervision suffices), the DA issue is seemingly still relevant- since those farms do not have mashgichim on premises removing DA cows. Nonetheless, it does not seem that one has to be concerned with the DA issue vis-a-vis cholov stam products. Recent research has shown that the issue of DA varies from farm to farm. Some farms have high incidence of DA, while others employ various methods to help prevent the disease altogether. Additionally, many farms do not operate on those cows, opting instead to cull them. Since the milk is at most assur miderabanan (מין‭ ‬במינו‭ ‬בטל‭ ‬ברוב מן‭ ‬התורה), and one cannot trace milk products back to their source farm (and determine if the farm had high incidence of DA), there is a strong basis to permit the milk based on safek d’rabanan l’kulah and כל דפריש‭ ‬מרובא‭ ‬פריש. For an in-depth analysis of how the DA issue pertains nowadays to cholov stam, see sefer Cholov Treifah‭ ‬סימן‭ ‬י"ט.

Cholov Yisroel Available on Star K Website The chaliva mashgiach neither slumbers nor sleeps. There is so much more that must meet the keen eye of a contemporary cholov yisroel mashgiach. When I grew up in Washington, D.C., cholov yisroel was a totally unknown term, an unknown entity, and certainly an unknown milk bottle in the refrigerator. But times have changed. Today, cholov yisroel is a burgeoning industry, ranging from ice cream novelties to energy bars. However, some things never change. Whether you are milking the family cow in Sarnick or overseeing a major milking of a herd of 25,000 cows on a mega farm on the west coast, halacha is uncompromising. Implementing the halacha is far more challenging and far more daunting for a mashgiach who oversees a major dairy farm operation. It requires understanding milking procedures, computer systems, inventory control, dedication, a lot of stamina and, above all, yiras Shamayim. In order to understand the responsibilities of a contemporary chaliva mashgiach, let’s take a cholov yisroel refresher course. Introduction There is a general halachic principle governing milk coming from a kosher mammal, כל‭ ‬היוצא‭ ‬מן‭ ‬הטהור‭ ‬טהור‭ ‬כל‭ ‬היוצא‭ ‬מן‭ ‬הטמא‭ ‬טמא‭.‬ Milk coming from a “pure” kosher species is kosher; milk coming from a “non-pure” non-kosher species is not. Hence, milk coming from cows, goats, and sheep is kosher, while milk coming from camels, horses, and pigs is not. The principle is clear: A mashgiach certainly knows how to discern between a cow and a horse. However, what requirements did our chachomim implement to ensure that the carton of milk in your refrigerator is 100% kosher and unadulterated cow’s milk? Since it was a known practice amongst farmers years ago to mix non-kosher milk with kosher milk, chazal forbade the use of unsupervised milk. Even in a situation where adulteration was slim to far-fetched, the gezeira of our chachomim had to be upheld. How does halacha define supervised milk? What safeguards, or in contemporary terms, what kosher quality controls, were instituted? The cholov yisroel criteria is two-fold: 1) the cleanliness of the keilim and 2) the presence of the mashgiach at the onset of the milking‭ (‬התחלת‭ ‬החליבה‭). ‬In the olden days, prior to the milking, a mashgiach had to make sure the keili (milk pail) was perfectly clean and he had to witness the beginning of the milking. In the event that many cows were being milked at the same time, the mashgiach had to make intermittent inspections throughout the milking session. At the completion of the milking, to ensure the integrity of the milk, the collection pail was sealed. Even if there weren’t any non-kosher animals on the farm, this standard could not be compromised. The milk that has been supervised following these protocols is called “cholov yisroel”. On a modern dairy farm, the milk pail has been replaced with pumps, lines, hoses, and chillers leading into large holding tanks. Furthermore, the logistics of maintaining cholov yisroel on large dairy operations with thousands of cattle requires meticulous oversight and record keeping. In many cases, the bottling facility and the milking parlor are designated to the same location. The milk is then transported from the milking parlor to a bottling facility. It is the mashgiach’s duty to ensure that the transporting tanker is clean and has been properly sealed with the mashgiach’s personal chasima (seal) during transport to the bottling facility, where another mashgiach receives the cholov yisroel milk tanker for further processing. When a dairy tanker arrives at the bottling facility, the mashgiach must be present for the offloading. Milk is offloaded to a holding tank dedicated to cholov yisroel. Obviously, the kosher cleanliness has to be approved by the mashgiach, and the port of the holding tank must be sealed with the mashgiach’s kosher seals. In rare instances, the fluid milk production and the bottling facility are in the same location. Those dairies are known as producer packagers. There are only a few producer packagers in the U.S.; Pride of the Farm cholov yisroel is fortunate to be produced in such a facility. Furthermore, Pride of the Farm’s producer packager exclusively produces and bottles cholov yisroel. Most bottling facilities are not exclusive to cholov yisroel. In a common bottling facility, a mashgiach will have to be trained to follow lines, track tanks, kasher equipment, and institute a system whereby the cholov yisroel products will be properly segregated. Bottle B’rov Prior to bottling, the raw milk has to travel through a complex network of pasteurization, separation, and homogenization. The raw milk is separated into skim milk and fresh cream, which are stored in dedicated holding tanks. Fluid milk is bottled in a sequence: Skim milk, 1%, 2%, and whole. The appropriate percentage of cream is added back into the milk to create the various varieties of fluid milk. The remaining cream is used to make heavy cream, ice cream, or whipping cream, and can also be churned into butter. In addition, a dairy plant can produce chocolate and flavored milks, buttermilk, liquid yogurt shakes, yogurt, and sour cream, as well as juices and other drinks. Therefore, a contemporary cholov yisroel mashgiach has to be a heads-up supervisor as well as a skilled quality control manager. In a labyrinth of pipes and holding tanks, a mashgiach must have a clear picture of the kosher lay of the land. The mashgiach must also be skilled in ingredient recognition of stabilizers, emulsifiers, flavors, and cultures. Not only do these ingredients have to be kosher, they also have to be cholov yisroel or cholov yisroel-compatible. There is much more to bottled milk than meets the eye. Programmed for Success A typical bottling facility is not a 9-to-5 operation; bottling conceivably takes place at all hours of the day. What safeguards have been implemented to ensure that a mashgiach is present at the beginning of the cholov yisroel bottling? Years ago, my dear chaver, Rabbi Mordechai Ungar, hit on a great idea. Milk used to be sold in paper containers. The ‘Sell By’ date was manually stamped on the gable at the top of the carton. Rabbi Ungar’s suggestion for kosher quality control was the addition of Hebrew characters into the ‘Sell By’ block of letters and numbers. The Hebrew characters represented the Hebrew date that corresponded to the ‘Sell By’ date. These characters were in the possession of the mashgiach, who placed simanim next to the “Sell By” date. This ingenious siman assured that the bottling was supervised by the mashgiach and has stood the test of time. Today, stamping gables have been replaced by inkjetted plastic bottles. The stamper has been replaced by a sophisticated computer program. The Hebrew characters have been replaced by a Hebrew program that was specially written for this labeling system. The mashgiach is the only person who has access to the program. Unquestionably, computer skills are a ‘must’ for the contemporary chaliva mashgiach. What safeguards have been implemented to ensure that a mashgiach is present at the beginning of the bottling? Tracking the Mashgiach We live in an age of transparency, accountability, and instant messaging. It has been a longstanding minhag for the mashgiach to call the rabbonim prior to התחלת‭ ‬החליבה – the start of the milking. However, yesterday’s calls from the ‘breakroom’ telephone have given way to cell phone pictures, texting, and timeclock apps with GPS, so there is real-time accountability and verification that the mashgiach is present at all times. Indeed, times have changed from milking the family cow in Sarnick. Undoubtedly, today’s chaliva mashgiach is the ultimate pride of the farm.

Milchigs on Shavuos As we celebrate the greatest gift in history, receiving the holy Torah at Har Sinai, our yom tov tables are graced with dairy menus fulfilling the age-old minhag yisroel. Various reasons are given for this custom, but we’ll focus on one of them, lesser-known, here. The Rema (O.C. 494:3) writes that dairy is served to commemorate the korban shtei halechem brought in the Beis Hamikdash every Shavuos. Two breads, also known as the lechem habikurim, were waved in the air together with the accompanying sheep and then distributed to the kohanim for eating. By adding a dairy course to our fleishig Shavuos meal, a separate challah is needed for each course. These two challos symbolize the korban shtei halechem. While some fulfill this minhag as presented in the Rema, many families don’t actually serve dairy during their fleishig yom vov meal and would deem such a practice quite strange — considering the strict guidelines of meat/dairy separations. On a technical level, the prohibition of basar b’chalav only involves eating a mixture of meat and dairy. When served separately there is no issue so long as they don’t mix. Yet chazal instructed us to wait (three to six hours) after eating meat because of the meat/dairy mixture that occurs in one’s mouth. Small strands of meat or fatty residue remain in the mouth and become mixed with the dairy that is eaten afterwards. On Shavuos, this issue is avoided by serving the dairy course first, as milk and cheese usually don’t leave lasting residue in the mouth, followed by a fleishig menu. But a separate challah is essential, because tiny fragments of dairy which may have become attached to the challah can touch meat, thereby creating a mixture. Although negligible, this minute contact of milk with meat becomes basar b’chalav and is forbidden to eat — similar to dairy that touches the small strands of meat in the teeth. This could also apply if one touches challah with milchig residue on their hands. Given the hustle and bustle of a typical Shabbos morning kiddush, it is difficult to expect that all pastries and utensils will remain in their proper place. In addition to the customary two challos, the Mishna Berurah cautions one to vigilantly follow the halachos detailed by the Shulchan Aruch in Yorah Deah (88-89) regarding meat/dairy separations. The tablecloth must be changed between courses to ensure that no bits or crumbs get mixed (M.B. note 16). To avoid forbidden mixtures in the mouth, the mouth must be cleaned after the dairy dish. This is accomplished through kinuach (cleansing) followed by hadachah (washing). Kinuach is done by chewing on a solid food (i.e., bread or cracker); taking a drink serves as hadachah (Y.D. 89:2). Another concern raised by chazal is dairy residue remaining on the hands. One must inspect their hands or wash them before the meat is served. The gist of all these halachos are one simple principle: Avoid any contact of dairy with meat. Implementing this principle, as simple as it seems, requires mindfulness. And it is the responsibility of those participating to pay attention to these halachos. Aside from their relevance on Shavuos, these halachos are applicable all year round. Shabbos challah that was served at the fleishig meal should be treated as fleishig and shouldn’t be served at a dairy shalosh seudos. It definitely cannot be eaten together with milchigs to make dairy french toast, or to make a cream cheese sandwich, for example. Another year-round example where basar b’chalav comes up is dual-option kiddushim. As society seeks newer variety, it has become not uncommon for kiddushim to offer dairy pastries for the ladies alongside a full fleishig menu for the men. As mentioned, chazal demanded a heightened sensitivity to matters of basar b’chalav. The “shtei halechem” separation posed by the Rema, while working well for a private meal, won’t always succeed in a busy kiddush atmosphere. Given the hustle and shuffle of a typical Shabbos morning kiddush, it is difficult to expect that all pastries and utensils will remain in their proper place. Other serious mistakes are likewise difficult to avoid. After a plate of yapchik, someone may innocently nibble on a dairy rugelah from the ladies’ section. Or a kid coming home from shul with pastries and sweets might present them at his Shabbos meal. A small smudge of cheesecake on the waiter’s finger may find itself in a dish of sautéed liver on the men’s side. (It is not practical to mandate that the waiters inspect or wash their hands between platters.) For these reasons, it would be a tikkun gadol should such kiddushim be held with an adequate system following guidelines approved by the shul or one’s rav. The importance of practicing proper fleishig/milchig separations, while obvious, demands awareness. The two challos on Shavuos, besides for commemorating the shtei halechem, serve as a reminder of much-needed vigilance.

Basar B’cholov As cookbooks proliferate, the options for Shavuos dairy recipes grow. Many are eager to fulfill the age-old minhag with much creativity and ingenuity — beyond the traditional cheesecake and blintzes. Pastry purses, cheese bourekas, cheddar-stuffed challah, mozzarella onion buns, among many other dairy delicacies, enhance the Shavuos menu. How does kashrus tie into these kosher cuisines? Kashrus is not only about kosher ingredients but also about how these ingredients are prepared. We’re all familiar with the prohibition of eating basar b’chalav, a mixture of meat and milk, but the degree of caution that the sages demand is not as familiar to many. To avoid troubling results, the chachamim forbade the preparation of breads that are un-noticeably milchig or fleishig. This enactment safeguards people from mistakenly eating dairy products with meat, or the opposite. This is a prime example of where chazal implemented asu syag l’Torah. It is not only the preparation that is forbidden, but the food itself becomes forbidden to eat (even with pareve). The Shulchan Aruch (Y.D. 97:1) writes, “It is forbidden to knead dough with milk lest one mistakenly eat it with meat. If it was kneaded, the bread is forbidden to be eaten, even alone.” The Aruch Hashulchan (ibid. 8) adds, “Even if the milk was inadvertently mixed-in, the bread is forbidden.” This can be a good riddle to ask your children at the yom tov seuda. How can I have a few kosher ingredients that are all allowed to be eaten together, yet if I bake it together it becomes not kosher? The answer is dairy bread, and this is how kashrus ties into many dairy pastries as well. This rule has exceptions, and we’ll elaborate on some of them. The Rema (Y.D. ibid) mentions a centuries-old minhag of baking dairy Challah for Shavuos, which seems to conflict with halacha, but he endorses the custom. The rationale is twofold: Firstly, only a small amount of bread was baked. Secondly, the bread was formed with an unusual shape. By implementing either one of these two solutions, the Shulchan Aruch and Rema (ibid.) permit baking such bread, because the chance of mistakes are slim. The small quantity ensures that no leftovers remain after the meal; and the unusual shape serves as a reminder. In fact, in ancient times Jews used to shape their dairy bread resembling a bull’s eye, as reported in the gemara (Pesachim 36a; following the Rambam’s rendering). Why this particular shape was chosen is unclear, but the reason for the shape was to serve as a warning for uninformed diners. For this reason, many poskim write that a strange shape is only sufficient if it indicates dairy. For example, a dairy bun should be shaped like a typical dairy croissant which signifies its dairy status. (The bull’s eye shape was apparently a known dairy shape.) Another method implemented by the Jews of old was to sprinkle a bit of cheese on the top of the roll (Shaarei Dura Ch. 35). This made its dairy status visible and eliminated the risks of mistakes. For this reason, cheesecakes, and other such pies, whose cheese ingredients are visible, are permitted. Cheese danishes and muffins, as well, pose no issue because the cheese is seen. These sweet pastries, though, have another leniency. According to some poskim (Maharit vol. 2 Ch. 18) chazal only prohibited mixing dairy with foods that are normally eaten with meat, such as bread and other such staples. Sweet pastries are usually not served with meat and are therefore not subject to this prohibition. Other poskim, however, don’t differentiate (see Yad Yehuda 97:6). Another point debated by the poskim is in regard to the solution of small-quantity baking. According to the Rema, a quantity that will be consumed by the family over the course of one day is permitted to bake. We assume that mistakes will not occur on the day it was baked. Others with a more stringent approach require a much smaller quantity. The idea is that there should be no leftover dairy bits of bread from the meal (Pri Megadim Y.D. ibid). According to this view, only small rolls work for this solution, as normal sized loaves leave leftover pieces. This discussion demonstrates the necessary awareness needed when preparing dairy breads and pastries. When baking challah, rolls, breadsticks, and other such items, unless either it has a distinctive siman or it was baked in a small quantity, adding butter or milk to the recipe actually renders the item non-kosher! You would not be able to “save” this dairy bread by inviting your friends to quickly eat it with you in one sitting. Once it is deemed not-kosher it cannot be used. The solutions mentioned here should obviously not serve as final psak, as their purpose is to present a simplified overview on the issue. A rav should be asked regarding one’s particular case. Minhagei Yisroel, besides for enriching our mitzvos with spirit and life, give us the opportunity to expand our halachic knowledge and consciousness.

Let's Talk Kashrus Speaks: According to pashut p’shat, this is our directive to increase the level of enjoyment and simchas Yom Tov through food and wine. Mar bar Ravina used to fast during the day and eat in small measures at night except for Shavuos, Purim, and Erev Yom Kippur. Possible Cases of Leniency Rav Yosef was known to request that an עגלא‭ ‬תלתא be served in honor of the day. And of course, among many food-related minhagim, is serving milchigs on Shavuos. The question bears asking: at such an auspicious time, the day we remember Matan Torah and Ma’amad Har Sinai, why is there such a focus on simcha brought about by food and drink? Perhaps one of the takeaways of Shavuos and kabbalas HaTorah can be an understanding of the role food plays in the lives of a Torah yid. Hashem created a world full of goodness; שלא‭ ‬חיסר‭ ‬בעולמו‭ ‬כלום‭... ‬ליהנות‭ ‬בהם‭ ‬בני‭ ‬אדם‭. Hakadosh Baruch Hu wants us to enjoy His bounty, but to do so with forethought, and with utmost adherence to Torah and mitzvos. To elevate ourselves, and the food and drink we ingest. To use meat and wine in celebration of the chagim and mo’adim; אין‭ ‬שמחה‭ ‬אלא‭ ‬בבשר‭ ‬ויין‭.‬ It is our privilege to be able to spread this message of viewing food through a lens of Torah. B’chasdei Hashem, with the launch of the Let’s Talk Kashrus series, what started off as the seed of an idea became a worldwide movement, bringing about an inspiring amount of engagement from communities around the world. The tzibbur welcomed this initiative with open hands and eagerly consumed the content, responding with questions, comments, and halachic discourse. A common denominator was the desire for practical takeaways and guidelines to better navigate the complexities of today’s kashrus issues. לא‭ ‬רעב‭ ‬ללחם‭, ‬לא‭ ‬צמא‭ ‬למים‭,‬‭ ‬כי‭ ‬אם‭ ‬לשמוע‭ ‬את‭ ‬דברי‭ ‬ה‮'‬‭ We’d like to extend our heartfelt hakaras hatov to AKO, the Association of Kashrus Organizations, who graciously hosted the Let’s Talk Kashrus interview series during the Worldwide 2022 AKO Conference in May. Aside from observing the camaraderie and achdus between so many kashrus delegates, we had the opportunity to conduct one-on-one interviews with talmidei chachamim, professionals, and mashgichim with years of experience on the ground. They gave of their valuable time to convey fascinating insights into the world of kashrus. Yasher kochachem. It is our tefillah that we merit to continue bringing kashrus awareness and education to the klal. למען‭ ‬תהיה‭ ‬תורת‭ ‬ה‮’‬‭ ‬בפיך‭ ‬מן‭ '‬הַמּוּתָּר‭' ‬בפיך‭.‬ Gut Yom Tov!

Gilyon 1 - Chometz She'avar alav haPesach Hot topics: Shopping, Pizza, Sourdough, and Bourbon Food for thought! Here's something to spark a Torah'dige conversation with your family. Make it part of your table talk.

Hakashrus from the CRC - Hisachdus (For reference only. Not up-to-date)

A conversation starter The Beis Yosef teaches the idea that if a maamid was already batul three times, one may go ahead and use it l’chatchila.1 The source for this is found in a Tosefta that permits purchasing sourdough bread from kutim three weeks after Pesach even though they didn’t sell their chometz before Pesach. Since the sourdough starter from the bread made on Pesach was already nullified three times due to their three weekly bakings, it is permitted to purchase their bread.2 So too, the Beis Yosef adduces that kosher milk that was fermented with non-kosher milk is permitted after the fact to use once the non-kosher milk was used to ferment in kosher milk three times. Some years ago COR was approached to certify an industrial bakery that made sourdough breads. Their family sourdough was always made using their previous breads as a starter. When asked about the source of the original sourdough, they responded with a story. When they came from USSR occupied Poland and started making bread in Canada, they weren’t satisfied with the taste and decided that they needed to get some sourdough from the family bakery back home. In order to get the sourdough, they had to wait until a family member emigrated and brought some live sourdough from which they used to make their breads. Even though the origins of the sourdough weren’t certain, we were able to certify their breads based on the concept that the sourdough had been used more than three times in a kosher recipe and was therefore permitted. There is much discussion in the poskim that limits the heter of a maamid that was batul three times.3 Mogen Avraham in hilchos Pesach states that if mead from honey was fermented using sediment from chometz beer, then all subsequent fermentation of mead using third and fourth generations of that sediment are forbidden on Pesach.4 Mekor Chaim asks how this conforms to the rule that zeh v’zeh gorem mutar?5 Orech HaShulchan explains that since this fermentation was from a totally chometz source, it remains forbidden forever.6 Only when the fermentation occurs as a dual effort of heter and issur can it be permitted after three times.7 1 עי’ יד יהודה סימן פ”ז בפה”א ס”ק כ”ו שביאר כן בכוונת הב”י וז”ל “אלא כל דבריו שם להוכיח דבפעם שלישי גם משהו אינו” 2 Beis Yosef (Y.D. 125) 3 עי’ דגול מרבבה יו”ד קט”ו על הט”ז ס”ק י”ד “עי’ מג”א מ”ש בשם הרמב”ן ואולי שאני חלב עכו”ם שאינו אסור רק מספק”. 4 Mogen Avraham Hilchos Pesach (O.C. 442) 5 Mekor Chaim (O.C.442:6) 6 Aruch HaShulchan (O.C. 442:23) 7 ונראה דבסימן קט”ו בשאור ובחלב חמוץ, ע”כ נחשב זה וזה גורם משום דפעולת החימוץ היה שייך אף בלי השאור וכן החלב היה יכול להחמיץ גם בלי הוספת החלב חמוץ של הגוים וכן איתא ביד יהודה סימן פ”ז ס”ק כ”ו בפירוש הארוך.

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