Re: Chalav Yisroel Powdered Milk | |
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I kind of see your point. But, if we assume that Chalav Akum is permitted then there would be no need to me'vatel any issur!! So what is the real status of the the Chalav Akum? This no problem according to Rav Frank's view, but according to the Chazon Ish who vehemently disagreed with him and prohibitted powdered Chalav Akum this is a question - since my groundrule was that I did not want to use Rav Frank's heter. I got this info from Rabbi Jachter's Halacha Files, www.koltorah.org: Indeed, many of the great twentieth-century authorities believe that the Halacha essentially regards responsible government supervision as Halachically equivalent to Jewish supervision in the context of the halacha of Chalav Yisrael because it creates a Mirtat to introduce non-Kosher milk. Rav Moshe Feinstein (Teshuvot Igrot Moshe Y.D. 1:46) writes, "In a case where there is fear (“Mirtat”) of government penalty, this rabbinic prohibition does not apply." Other authorities who essentially accept this position include the Chazon Ish (Y. D. 41:4,) Rav Zvi Pesach Frank in case of powdered milk (ad. loc.), Rav Yosef Eliyahu Henkin (Teshuvot Ivra 38) and Rav Yaakov Kaminetzsky (Emet LiYaakov p.308). Indeed, the Chazon Ish (Y.D. 41:4) aligns the idea of relying on the government supervision with the reasoning of the Pri Chadash. According to the Chazon Ish, the Chatam Sofer rejects relying on government supervision in this context. We must clarify, though, that the Chazon Ish in his writings is quite inclined to the view of the Pri Chadash, although he does not rule explicitly in accordance with the Pri Chadash. The Chazon Ish’s view on this matter is clarified by his brother-in-law Rav Yaakov Kanievsky (Krayna D’igrata 2:123) that the Chazon Ish relied on the Pri Chadash to permit frail Yeshiva students drink powdered milk in difficult wartime years when milk was not readily available in Eretz Yisrael. Thus, the Chazon Ish essentially accepts the view of the Pri Chadash but only in case of great need. For further discussion of the Chazon Ish’s view on this issue see B’n’tivei Hechalav p.31. So, would the Chazon Ish allow powdered Chalav Akum (American made) if it had become battul in Chalav Yisroel even intentionally? |
