Gelatin, Abraham Goldstein, R. Moses Isserles, and More

Marc B. Shapiro

Continued from here

Among the matters I discussed in the previous post were gelatin and consumption of the human body as part of a medical cure. Believe it or not, consumption of human parts not in the context of medicine is mentioned in a short responsum of R. Joseph Kafih. R. Kafih was asked if it permissible to drink various non-Jewish milk products and also gelatin produced from non-kosher animals. He is strict when it comes to milk—and apparently unaware of the widespread rabbinic approval in the United States for regular milk—but lenient regarding gelatin.[1] Incredibly, he assumes that some gelatin comes from human bones, and he believes that it is halakhically preferable to consume this instead of gelatin from animals (although the latter is kosher as well).

Here is an image of the letter sent to R. Kafih and his reply, followed by a transcription of the relevant sections.

האם מותר לאכול כיום:

חלב עכו“ם, אבקת חלב עכו“ם, חמאת עכו“ם, ג‘לטין המיוצר מנבלות וטרפות (במיוחד במוצרים המיובאים מחו“ל בהשגחת הרבנות הראשית)?

חלב גוים נאסר במנין, ואין להתירו. אמנם רבני אמעריקא התירו אבקת חלב בשעתו, והרבנות כאן סמכה על כך בזמנו, אך אין להתיר חלב גוי על סמך התר זה. חמאת גוים מותרת כמ“ש הרמב“ם מפני שכבר הלכו צחצוחי חלב שבה. ”ג”לטין‟ לדעתי אין להחמיר בו, בפרט העשוי מעצמות אדם. כי בשר האדם עצמו בעשה להרמב“ם, ולאחרים אפלו מצות ”פרוש‟ אין בו. וכל שכן עצמותיו.

In the comments to the last post, two people referred to the responsa of R. Nahum Zvi Kornmehl as a source regarding gelatin. In the first part of R. Kornmehl’s Tiferet Tzvi, vol. 1, there is a long discussion about gelatin, and it is here that R. Aharon Kotler’s responsum on the topic first appeared. R. Kotler’s letter and other letters found in the sefer also deal with a “kosher gelatin” that was produced by Barton’s candy. R. Kornmehl was the mashgiach of Barton’s so it makes sense that he would be involved in this halakhic issue. What many people might not realize is that R. Kornmehl’s brother-in-law was Stephen Klein, the owner of Barton’s. (Everyone over 50 can certainly remember Barton’s, especially on Passover. Many children, myself included, went house to house taking Barton’s Passover orders. Depending on how much you sold, there were all sorts of great prizes.)

While it was obviously perfectly acceptable for R. Kornmehl to involve himself in the halakhic research regarding Barton’s gelatin, would any of our rabbis today accept a situation where the mashgiach of a factory is a close relative of the owner? I think they would say that this defeats the entire purpose of a mashgiach, whose job is to ensure that kashrut standards are at the highest level, and he is therefore not supposed to have any close personal connections with the owner.

Here is a picture of R. Kornmehl at the Barton’s factory, from Rabbi A. Leib Scheinbaum, The World that Was America 1900-1945 (Brooklyn, 2004), p. 415.

Returning to Abraham Goldstein, one can imagine what he would have said had he been told about R. Moses Isserles’ responsum, no. 54. Here R. Isserles states that there is no halakhic problem consuming olive oil that was stored in containers in which they used pig lard to smooth the surface. (He later notes that there is even stronger support for this ruling if there is only a suspicion, but no certainty, that they used lard on a particular barrel). This ruling by R. Isserles is the exact sort of thing that today we would be told is absolutely forbidden, and Goldstein certainly would have attacked any hashgachah that followed the Rama in this matter.

Interestingly, R. Hanokh Henoch Meyer of Sassov could not accept that the Rama would allow us to eat something that might have pork residue, and he therefore adopted the old approach when confronted with “problematic” texts, namely, asserting that this responsum was not written by R. Isserles. Rather, some student must have been responsible for it, as it is impossible for R. Meyer to believe that R. Isserles would write something that in his mind is so obviously incorrect.[2] R. Judah Leib Landau, in his well-known work Yad Yehudah, Yoreh Deah 103:20 (Perush ha-Arokh), also has his doubts that R. Isserles could have written the responsum:

ובאמת הדבר הוא לפלא מאוד אם יצאו כלל דברים אלו מפי קדשו של הרמ“א ז“ל

This is the exact approach that was adopted by some in explaining another responsum of R. Isserles, where he justified those in his day who drank non-Jewish wine.[3] There is also another difficult and controversial responsum of R. Moses Isserles—see the discussion on the Seforim Blog here—and in this case R. Yitzhak Hutner also denies that the responsum was written by R. Isserles.[4]

R. Isserles’ opinion in responsum no. 54 is based on the fact that any pork residue would be less than 60, and also that the pork taste is to be regarded as something detrimental to the dish (noten ta’am lifgam). This is indeed a difficult point to understand, as why should pork be noten ta’am lifgam? You can look around and see that lots of people enjoy it. R. Shimon Grunfeld goes so far as to say that it was only because of R. Isserles’ great holiness, which caused him to view pork with such disgust, that he could make the error of seeing pork as noten ta’am lifgam.[5]

עוד דבר אחד חידוש פלא שכתב ששומן חזיר הוא פוגם בכל דבר כמו נבלה מוסרחת עיין שם, והיא תמיה גדולה שהרי אנו רואין כל העכו“ם וכל השרים אוכלים אותו והוא עולה על שלחן מלכים. הן אמת שנפש איש ישראל קצה באכילת חזיר אבל הוא רק משום איסורי של תוה“ק שאסרה אותו ולכן כל איש ישראל כשרואה חזיר הוא מואס אותו אבל בשביל זה לא חשוב נטלפ“ג דנטלפ“ג היינו שמצד עצם הדבר הוא פוגם . . . ופשוט דאין לסמוך בזה על התשו‘ הנ“ל, ובודאי שומן חזיר אוסר עד ס‘ או יותר כפי הרגשת הטעם, והרמ“א ז“ל ברוב קדושתו מחמת איסור התורה על בשר חזיר הי‘ קצה ממנו כ“כ עד שפלטה קולמסו לכתוב שאינו אוסר משום שהוא פוגם

In his discussion about how pork is noten ta’am lifgam, R. Isserles also says something which I found strange. He writes:

דשאני חזיר דדבר מאוס הוא ביותר מכל שרצים שבעולם, עד שאמרו לא יאמר אדם אי אפשי בבשר חזיר וכו‘ ולא אמרו שאר שרצים, ש“מ דזה גרע טפי

R. Isserles cites a passage from Sifra, Kedoshim 9:10, which is quoted in Rashi, Leviticus 20:26, that one should not say that he is repulsed by pork, and that is why he doesn’t eat it, but rather he doesn’t eat it because of the Torah’s command. (Rashi’s version is different than what is found in our versions of the Sifra, and also what is quoted by R. Isserles, but the point is the same.) R. Isserles sees it as significant that of all the non-kosher foods that could have been cited, it is pork that is used as an example, which he believes shows that it is the most repulsive of the non-kosher foods.

The reason I find R. Isserles’ point strange is that R. Isserles’ understanding is the exact opposite of how the passages in Sifra and Rashi are usually understood. The common way of understanding, and I don’t know of anyone who has a different approach, is that you should not say that you are disgusted by pork, and that is why you are not eating it. On the contrary, there is nothing wrong with pork and it is undoubtedly quite tasty. However, we do not eat it because God commanded us not to. This reading appears explicitly in both the Sifra and Rashi, Here is what Rashi states:

רבי אלעזר בן עזריה אומר מנין שלא יאמר אדם נפשי קצה בבשר חזיר, אי אפשי ללבוש כלאים, אבל יאמר אפשי, ומה אעשה ואבי שבשמים גזר עלי

This is very different than R. Isserles’ understanding that the rabbinic teaching reinforces the point that we should have a natural aversion to pork, even though the reason for abstaining from it is due to God’s command.

After mentioning how we don’t eat pork, the passage continues in Rashi (and this is also how it is quoted in the Rambam, Shemonah Perakim, ch. 6, but not in our version of the Sifra) that the same lesson is applied to the wearing of sha’atnez. We shouldn’t say that we have no desire to wear it, but on the contrary, we should feel that it would be nice to wear it but we cannot because of the divine command. The Sifra also adds the same point about sexual relations, that we do not avoid it because we are repulsed. Rather, we would enjoy this but abstain because of the divine command. Since the passage cites both pork, sha’atnez, and forbidden sexual relations to teach the same lesson, and there is no natural aversion to sha’atnez and sexual relations, it is clear that just as we might wish to wear sha’atnez and have forbidden relations but avoid them because of the mitzvah, so too one should assume that eating pork would be enjoyable. However, we avoid it because of the mitzvah.

The Rambam elaborates on this point in Shemonah Perakim, ch. 6, and he specifically cites the rabbinic passage we have been discussing. He goes so far as to say “that a man needs to let his soul remain attracted to them [pork, sexual relations, etc.] and not place any obstacle before them other than the Law.” What this means in practice is next time you see lobster in the supermarket, don’t be repulsed by it and think it is disgusting. The Rambam, following the Sages, is telling us that we should say “wow, that looks good. I would really enjoy eating it but the Torah says I can’t.” Easier said than done, I realize, but that is what the Sages and the Rambam have told us.

Returning to R. Moses Isserles, the Taz, Yoreh Deah 108:4, quotes another ruling of his that today would not be regarded as acceptable. R. Isserles testifies that the practice was to buy certain food items cooked by non-Jews in their non-kosher pots (Torat ha-Hatat 35:1):[6]

המנהג להקל לקנות מן הגוים דברים המבושלים בכליהם שאין בהם משום בישול גוים (הוא) [הואיל] וסתם כליהם אינן בני יומן, ואע“פ דנותן טעם לפגם אסור לכתחלה, מכל מקום לא חשבינן הקנייה לכתחלה, לכן נוהגים היתר פה קראקא לקנות האגוזים של מים שמבשלים הגוים, או שאר דברים

Regarding other leniencies of R. Isserles, R. Zerach Eidlitz[7] is quoted as saying that it would have been OK for R. Isserles to have omitted all the humrot he records if he also omitted two particular kulot: non-glatt meat (Yoreh Deah 39:13) and that it is permitted to eat worms found in cheese (Yoreh Deah 84:16):

נוהגים בתולעים של גבינה לאכלן אע“פ שקופצין הנה והנה על הגבינה אבל אם פירשו לגמרי אוסרין אותן

Returning to Goldstein, he would have been outraged by other halakhic leniencies mentioned by outstanding poskim, but again, he approached matters using logic and intuitive feelings, while the halakhic rules do not always fall into line with this. For example, R. David Ibn Zimra, She’elot u-Teshuvot ha-Radbaz, no. 1032, defends eating meat together with sugar that was cooked with milk. He states that this is permissible because the milk is batel. R. Hayyim Vital testifies that R. Isaac Luria would himself eat such sugar with meat.[8] Not only would Goldstein have protested against this leniency, but to my knowledge there is no kashrut agency today that would give a hashgachah to a meat product that includes sugar cooked with milk.

Another famous responsum which Goldstein would not have been able to accept—and I know that many Orthodox Jews today also would not be able to accept it—is Noda bi-Yehudah, Yoreh Deah, tinyana,[9] no. 56. Here R. Yehezkel Landau permits a drink produced by non-Jews that included a small amount of non-kosher meat (assuming the meat is 1/60 or less). The meat did not add a taste, and R. Landau ruled that it was batel, meaning that the drink was kosher. I could go on with other such examples but I think you get the point, which is that when it comes to kashrut, great halakhic authorities have come to conclusions that are far from what the average Orthodox Jew would regard as acceptable.

The phenomenon of the masses sometimes having stricter views than the rabbis is an old story. In fact, I once spoke to R. Aharon Felder about kitniyot. At the time, R. Felder was the halakhic authority for the KOF-K. As is well known, kitniyot is batel be-rov (see e.g., Mishnah Berurah 453:9), so I asked him why the KOF-K does not put a hashgachah on products with corn syrup since it is batel. He replied: “The people don’t want it.” In other words, the people will not accept that something with kitniyot can be kosher for Passover, even if it is batel be-rov.[10]

R. Felder also told me that if he was asked he would tell people that there is no problem eating a product with kitniyot if it is batel be-rov. According to this approach, one is permitted to drink regular Coke on Passover, and this is indeed the pesak of R. Yitzhak Abadi. (The other issue that comes up with regular Coke is whether kitniyot derivatives are forbidden on Passover.) I realize that if you extrapolate the “halakhot” of kitniyot from Yoreh Deah halakhic principles about when bitul can be applied, there are sources that would be strict in dealing with kitniyot (as the kitniyot is put in as part of production, rather than accidentally falling in). But what is interesting, I think, is that pretty much all the rabbis I have asked about this have replied in the same way. Rather than explain why we don’t follow the principle that kitniyot is batel be-rov, they have stated simply that when it comes to Passover we are extra strict. (R. Hershel Schachter is an exception, and he told me that kitniyot intentionally put in the product is not to be regarded as batel.)

This issue was raised by R. Alfred Cohen a number of years ago:

With this in mind, we should take another look at the furor which in the past few years has arisen concerning chocolate and candy manufactured in Israel under the supervision of the Rabbinate. Many candies contain corn syrup as the sweetener: Should this be considered a problem for Ashkenazic Jews? Based on the principle that if kitniyot are less than half of the total the food may be eaten, many people see no reason why such candy should be avoided.[11]

Returning to the gelatin issue, we saw in the previous post that R. Yehuda Gershuni was one of the rabbis who gave the hashgachah on Jello. This is noteworthy, as in 1952 he wrote a lengthy article in support of the position of his father-in-law, R. Eliezer Silver, that gelatin is forbidden.[12] Either he later changed his mind or perhaps he never really thought gelatin was forbidden, but it was only out of respect for his father-in-law that wrote his lengthy article. It seems that only after his father-in-law died in 1968 did R. Gershuni publicly express his lenient opinion about gelatin. In addition to his hashgachah on Jello, R. Gershuni also gave the hashgachah to Hormel gelatin.[13]

Incidentally, I found another example where R. Gershuni significantly changed his position. In Ha-Pardes, June and August, 1957, R. Gershuni discusses Yom ha-Atzmaut. Surprisingly, knowing how Zionist he was, in these articles he is not very positive about Yom ha-Atzmaut. He even says that according to Nahmanides establishing this holiday is a violation of bal tosif. As for saying Hallel on Yom ha-Atzmaut, R. Gershuni brings a variety of sources according to which this is improper. Yet in 1961 he published an article with the exact opposite perspective, in which he writes of the great significance of Yom ha-Atzmaut and that Hallel should be recited on this day.[14]

Those who wish to see a video of R. Gershuni can view it here. As far as I can tell, this is the only video of him available online. It is from the 1990 Yom Yerushalayim celebration at Merkaz ha-Rav. You can also see R. Shlomo Fisher in attendance.

In addition to gelatin, my previous post dealt with some of the history of hashgachot in America in the 1930s. In those days, no one could have imagined all the different hashgachot we currently have, as well as the various products that are under kosher supervision. In previous posts here I already mentioned how you can now get toilet bowl cleaner with a hashgachah. Here is an American hashgachah.

And for those who live in Israel, here is one with an Israeli hashgachah (thanks to Stanley Emerson for the picture).

I also noted how in Israel you can buy lettuce with no less than six different hashgachot. See here. But it gets even better, as Shimon Steinmetz sent me this image which shows that you can now get romaine lettuce with seven different hashgachot. Do I hear eight . . . ?

Yet I don’t think Israel has what we have, namely, ant and roach killer under hashgachah. (It is pareve.)

(For those who are wondering, the date on upper right of the OU letters is the date that you view the document, not when the contract was signed.)

You can even get enzyme replacement injections under OU supervision. See here.

According to the OU, when they are “approached by companies whose products would not inherently need a hechsher, the OU tells them that certification is not necessary. But some companies request kosher certification because that will make Orthodox Jews more likely to buy them.”[15]

Interestingly, since today we take it for granted that all sorts of unnecessary hashgachot are found on various non-food items, in previous years this was seen in a very different light. In 1896 the New York newspaper Ha-Ivri, in an attack on the rabbinical board headed by R. Bernard Drachman, noted how the board had given hashgachot to salt, soap for washing clothes, and stove polish.[16] This scandalous charge was denied by R. Drachman, who noted that these hashgachot were given by a private individual, not his organization. R. Drachman writes as follows, and look how he describes the unnecessary hashgachot:[17]

ההכשרים המוזרים והמעוררים שחוק אשר רמזת עליהם לא מעשי הועד המה כי אם מעשי ידי איש יחיד

While we are on the subject of hashgachot, I think readers will find it of interest that the OU did not accept all the products certified by R. Soloveitchik in Boston, as his hashgachah did not always meet OU standards which had been established by R. Alexander Rosenberg. R. Berel Wein, who succeeded R. Rosenberg as rabbinic administrator of OU Kashrut, reports that he was constantly criticized for this as people thought it very disrespectful to the Rav that the OU did not accept his hashgachah in all matters. R. Wein, however, explains as follow:

In all my meetings with the Rav. I never discussed this sensitive matter with him. However, he once said to me, “As the rabbi of Boston, it is my duty to grant kashrut certification to products that are kosher, even if they don’t necessarily reach the highest standards of kashrut. I know you have to operate under a different set of rules. Don’t be troubled that the OU doesn’t use certain products I certify. I’m not troubled by it.” I never revealed that conversation to the Kashrut Committee, nor did I change OU policy.[18]

However, my question would be, how is the role of OU kashrut different than what the Rav was trying to do? Isn’t the goal of the OU also to ensure kashrut for all types of Jews? How is the role of a communal rabbi in giving a hashgachah for his community different than that of the OU, which is a nonprofit organization that exists to serve the larger Jewish community?

Since part 1 of this post discussed the OK hashgachah, it should be noted that at one time there were actually two hashgachot identified with the OK symbol. Here is an early OK symbol used by R. Harold Sharfman’s Kosher Overseers Association of America. (A different looking OK symbol was actually first used by his father, R. Hyman Sharfman, in 1927.)[19]

It later developed into what was called the Half-Moon K, surrounded by a circle.

This led to a lawsuit by the OK in the 1990s, with the result that the Half Moon K had to appear without the circle.[20] (I don’t know why, as we have seen on other occasions as well, a dispute between Orthodox rabbis was decided in a secular court instead of in a beit din.) After Rabbi Sharfman’s death, the Half-Moon K was taken over by the OU and its symbol was retired.

Sharfman authored a few interesting works focusing on American Jewish history. He also wrote the book, Global Guide to Kosher Foods and Restaurants (Malibu, 1990), from which the above pictures of the OK symbol were taken. The book’s title is not going to interest many, although the subtitle is more intriguing: “An Illustrated History of Kashruth in 20^th Century United States.” This is a very rare book and I recently was able to acquire a copy. I was surprised to find that it is really a fascinating work with some great pictures. Because it is so rare I have made a PDF of the book which you can see here.

When it comes to kashrut supervision in the United States, Roger Horowitz mentions an interesting point that in the 1950s there were rabbis who opposed supermarkets selling kosher meat as they claimed that it was forbidden for the meat to be sold on Shabbat.[21] The real reason for the opposition was presumably to protect the kosher butchers from competition, but the argument was not framed in this fashion. I think most will be surprised by such a stringent approach. After all, we don’t want Sabbath violators to also consume non-kosher meat, so why prevent them from buying kosher if they are in the supermarket on Saturday? Yet when asked by R. Yitzhak Zilberstein, R. Elyashiv ruled that if people are going on a trip on Shabbat, and want to order kosher food from a caterer for the trip, that the caterer should not provide them with the food even though this means they will eat non-kosher.[22]

Another surprising development in the kashrut world is that the OU has recently refused to give a hashgachah to a vegetarian product called Impossible Pork. See the Yeshiva World article here, and see also the Wall Street Journal article here. As the Yeshiva World reports, “[Rabbi Menachem] Genack clarified that although [the] OU certifies items related to pork such as Trader Joe’s ‘spicy porkless plant-based snack rinds,’ the agency decided that certifying a product called ‘pork’ was a red line they aren’t willing to cross right now.” 

In the Wall Street Journal article Rabbi Genack is quoted as follows: “The decision was based on the emotional reaction some kosher eaters have had to kosher-certified pork-related products in the past that also had no actual pork in them.” So now company kashrut decisions are based on people’s emotional reactions? Sounds crazy to me. The article continues: “Rabbi Genack of OU Kosher says he suspects that doubters might one day come around and allow faux pork to be certified as kosher.” I don’t understand this at all. Since when does the OU have to get approval from “doubters” to put a hashgachah on a product? Furthermore, I must note, there are already OU certified products that have the name “bacon” in them and are said to taste like the real thing. This includes Bacos (see here), Bacon Flavored Bits (see here), and even a product called Bacon Bits Milk Chocolate (see here). And of course, the Talmud, Hullin 109b, talks about the shibuta fish whose brain tastes like pork.[23]

Since we have been speaking about kashrut in America, let me make one final point about this. Many people are under the impression that it was Jewish emigration to America that led people to give up kashrut, I must therefore call attention to a fascinating article by Asaf Kaniel that shows that in the years 1937-1939 only one third of the Jews of Warsaw bought kosher meat. Granted, this was a very difficult period for the Jews of Warsaw, and had economic circumstances been different I have no doubt that most of these people would have been buying kosher. However, from the large number who abandoned kashrut, we can get a sense as to how tenuous their attachment to this mitzvah was, as it is always the case that during difficult times the ones who are not so attached to something are the first to give it up.[24] (Kaniel also has another valuable article that shows the growth of irreligiosity in Vilna in the early twentieth century.[25])

I know people will be shocked by hearing this, about Warsaw of all places. So let me note that in a 1937 interview given when he was in the United States, R. Elhanan Wasserman stated that religious life in Poland was worse than in America.[26]

2. In my last post I cited something from R. Shmaryahu Shulman who unfortunately recently passed away. In 1951 R. Shulman published his Be’er Sarim which contains hiddushim on the Talmud.

In R. Yitzhak Ruderman’s approbation he states that this is the first book of hiddushim on Shas published by an American-born author. Is this true? I am not aware of anything earlier. As far as I know, the first traditional rabbinic sefer (not hiddushim on Shas) published by an American-born author is R. Eliezer Zvi Revel’s Otzar ha-Sotah (New York, 1941).

R. Eliezer Zvi was the son of R. Bernard Revel.

Is there an even earlier sefer published by an American-born author? There is another sefer that I am aware of, but as it is not an original sefer, I gave Revel the honors. The other sefer was published by R. Bernard Drachman, who was born in New York in 1861. In 1907 he published an edition of Divrei ha-Rivot by R. Zerahiah ha-Levi and R. Abraham ben David, together with his commentary.

Who was the first American-born author to publish a book in Hebrew? This would appear to be Reuven Grossman (1905-1974; he later took the last name Avinoam). Born in Chicago, Grossman spoke Hebrew as his first language. His first book, Mi-Pi Olel (New York, 1915), containing essays, poetry, and the beginnings of a commentary on the Torah, appeared when he was ten years old. As far as I know, this makes him the youngest published Jewish author in history. One of the essays in the book was earlier published in a newspaper when Grossman was only eight years old. (I wonder how much help he had from his father who was a Hebraist.) You can find Mi-Pi Olel here.

The book contains a picture of the young author .

His next book, Ibim (New York, 1918), appeared when Grossman was thirteen years old. You can find it here.

Ibim also includes a picture of Grossman.

You can learn more about Grossman here and here, and in Yosef Goldman, Hebrew Printing in America (Brooklyn, 2006), p. 325.

3. In my last post, I gave a link to my Torah in Motion classes on Saul Lieberman. I also did a 53-part series on the sefer I published, Iggerot Malkhei Rabbanan. You can see it here. My four-part series on the escape of the Mir Yeshiva can be viewed here. My class on Torah study on Christmas eve is here; my class on kitniyot is here; my discussion of the Hazon Ish and R. Zvi Yehuda is here.

4. I can’t end the post without calling attention to an important new publication by Seforim Blog contributor, R. Bezalel Naor. Navigating Worlds is a collection of Naor’s essays that appeared from 2006-2020, including those that appeared on the Seforim Blog. As is to be expected, there are essays on R. Kook, further solidifying Naor’s standing as the leading expositor of R. Kook’s thought in English. There are also essays on a wide range of other topics including Maimonides, Kabbalah, and Hasidism, as well as discussions of passages in the Torah and Talmud, and book reviews.

In addition to the broad themes discussed, Navigating Worlds is full of individual items of historical and bibliographical interest. To mention just one of the many things I learned from the book, on p. 554 Naor cites a report from R. Uri Moinester in the name of R. Joseph Alexander, that R. Hayyim Soloveitchik told the latter that it had taken him two years to study Maimonides’ Guide.[27] This source should be added to what I mentioned in a previous post  here about R. Hayyim’s study of the Guide.[28]

* * * * * *

[1] In reply to a question from Tamir Ratzon, R. Kafih said that one should only eat a product with gelatin if there was no non-gelatin alternative. See Teshuvot ha-Rav Yosef Kafih le-Talmido Tamir Ratzon, ed. Itamar Cohen (Kiryat Ono, 2019) p. 306. This reply is more stringent than R. Kafih’s letter published in this post.
[2] Yad Hanokh, no. 23.
[3] See my Changing the Immutable, pp. 80ff., 95.
[4] See Sefer ha-Zikaron le-Maran Ba’al “Pahad Yitzhak,” p. 334.
[5] She’elot u-Teshuvot Maharshag, vol. 1, Yoreh Deah, no. 68. This source and the two prior sources I mentioned, Yad Hanokh and Yad Yehudah, are noted by R. Yaakov Hayyim Sofer, Zikhron Moshe, vol. 3, no. 38.
[6] See R. Hayyim Oberlander’s article in Or Yisrael 56 (Tamuz 5769), pp. 58-59.
[7] See Literaturblatt des Orients, August 12, 1848 (no. 33), p. 525.
[8] Sha’ar ha-Mitzvot, parashat Mishpatim (end).
[9] In this context, where it means “second,” the word תנינא is pronounced tinyana. See Daniel 7:5 where the word appears. In the Talmud, the word appears as תניינא so the pronunciation is obvious. Onkelos, Gen. 1:8, has תנין, and all the editions I checked vocalize it correctly as tinyan. Yet if you google “Orah Hayyim Tanina” or “Yoreh Deah Tanina” you will find lots of examples where the word תנינא is written as “tanina”. Yet this is an error as tanina is a completely different word and means serpent or sea monster.
[10] I heard a shiur from R. Asher Weiss, and in explaining why things became so strict with kitniyot, he quoted R. Shlomo Zalman Auerbach who once gave a heter that the people did not want to accept. R. Auerbach joked that it was a kula she-ein ha-tzibbur yakhol la’amod bah. In speaking about the standards of the Triangle K hashgachah, Timothy D. Lytton quotes one kashrut professional as follows: “It’s permissible under Jewish law, but it’s a standard that many people are not willing to accept.” Kosher: Private Regulation in the Age of Industrial Food (Cambridge, MA, 2013), p. 83. In speaking of how the Jewish masses will not listen to the greatest rabbis if they tell them to stop observing even a small custom, R. Reuven Katz refers to the German expression that the rabbi is a rabbi, but the regular Jew is a chief rabbi (Oberrabbiner, lit. “above the rabbi”). “Der Rabbiner ist ein Rabbiner, aber der Jude ist ein Oberrabbiner.” Dudaei Reuven, vol. 1, p. 32a, and see also R. Katz’s letter published in R. Avraham Yudelevitz, Hiddushei Beit Av (New York-Jerusalem, 2012), pp. 18-19.
[11] “Kitniyot,” Journal of Halacha and Contemporary Society 6 (Fall 1983), p. 71.
[12] See his article in Kerem, Tishrei 5713, pp. 9ff.
[13] In my prior post I published a responsum on gelatin by R. David Telsner. As Menachem pointed out in his comment to the post, this responsum (with some changes at the end) was mistakenly included in R. Gershuni’s Hokhmat Gershon, pp. 405ff., as if it were written by R. Gershuni. As the editor notes in the preface, because of R. Gershuni’s ill health he was not able to review the book before publication, and this explains how the Telsner responsum could end up in the book (a phenomenon we also know from other books of responsa).
[14] “She’elat Yom ha-Atzmaut,” in R. Shimon Federbush, ed., Torah u-Melukhah (Jerusalem, 1961), pp. 180-192.
[15] Kenneth Lasson, Sacred Cows, Holy Wars (Durham, 2017), pp. 135-136. Lasson also writes (p. 113): “The OU requires that at a minimum all of its mashgichim have Orthodox ordination (semicha) from a recognized rabbinic individual or institution and pray only in Orthodox synagogues.” Yet I know of people in out of the way places who have checked on factories for the OU and they are not rabbis.
[16] See Ha-Ivri, Sep. 11, 1896, p. 1; Harold Gastwirt, Fraud, Corruption and Holiness (Port Washington, N.Y., 1974), pp. 82-83. I once had a rebbetzin insist to me that laundry detergent requires a hashgachah as we put tablecloths in the wash.
[17] Ha-Ivri, Oct. 23, 1896, p. 1.
[18] Wein, Teach Them Dilgently (New Milford, CT, 2014), pp. 97-98. R. Wein also mentions that R. Moshe Feinstein sometimes favored the immigrant rabbis who offered private hashgachot—which was an important source of income for them—over the OU’s more “practical and progressive directions in kashrut” (p. 99).

In earlier years, there were Agudas ha-Rabbonim rabbis who criticized the OU’s hashgachah because there were many synagogues in the OU that did not have mehitzot. These rabbis claimed that you cannot trust an organization that allows non-mehitzah shuls to be part of it. In the 1930s the Agudas ha-Rabbonim rejected the kashrut reliability of the OU after it agreed to work with representatives of the Conservative movement in establishing reliable kashrut in America. See Gastwirt, Fraud, Corruption, and Holiness, pp. 166-167. As for Agudas ha-Rabbonim rabbis, there were those who gave hashgachot—this was how they made a living— but they personally did not eat from all the food under their hashgachah. (Growing up there was a rabbi in my town who told my father not to buy from a certain butcher, even though this butcher was under his hashgachah. The rabbi’s attitude was that the butcher was good enough for non-Orthodox Jews, but Orthodox Jews should not shop there, as he was not able to visit the store as much as he would have liked.) R. Nachum Eliezer Rabinovitch, Siah Nahum, p. 171, completely rejects such an approach.

ברור שאם הרב אינו אוכל מן המאכלים שהוא אמור להשגיח עליהם, דבר זה יגרום לזלזול וחילול השם ח“ו

[19] See Harold Sharfman, Global Guide to Kosher Foods and Restaurants (Malibu, 1990), p. 68.
[20] For the lawsuit, see here. Another example of the OK involved in controversy was when it put in a bid to control the proposed “dot-kosher” suffix for Web addresses. The OU, Star K, CRC, and KOF-K opposed the OK’s bid, with the OU stating: “We think that if the term kosher, which has important meaning in the Jewish religion, is commercialized, it will do a disservice to how religion in general should be treated and will harm the kosher public specifically.” See here, and Lasson, Sacred Cows, Holy Wars, pp. 146-147.
[21] Kosher USA (New York, 2016), pp. 190-191.
[22] Zilberstein, Avnei Esh, pp. 892-893.
[23] See here for Ari Zivotofsky and Zohar Amar’s attempt to identify this fish.
[24] Kaniel, “Bein Hilonim Mesorati’im ve-Ortodoksim: Shemirat Mitzvot bi-Re’i ha-Hitmodedut im Gezerat ha-Kashrut,” Gal Ed 22 (2010), pp. 75-106.
[25] “Al Milhamah u-Shemirat ha-Mitzvot: Vilna 1914-1922,” Gal Ed 24 (2015), pp. 37-74. Regarding Kashrut in Vilna, Kaniel notes that due to the difficult economic circumstances, there were occasions when the rabbis permitted butchers to sell non-kosher meat to non-Jews, as long as they were careful to keep the kosher meat separate from that which was non-kosher. See ibid., p. 61.
[26] See R. Wasserman’s Morgen Zhurnal interview included in Mi-Pihem shel Rabbotenu (Bnei Brak, 2008), p. 345.
[27] Moinster, Karnei Re’em (New York, 1951), p. 104 n. 1.
[28] Another source that should be added is Shulamith Soloveitchik Meiselman, The Soloveitchik Heritage: A Daughter’s Memoir (Hoboken, 1995), pp. 109-110, where in addition to discussing R. Hayyim’s interest in the Guide, she also mentions that he had R. Moses Soloveitchik promise never to read this work. “Even years later, when his children were attending the university and the book was part of the family library, Father never touched it. Father always kept a promise” (p. 110).