DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 766 KB)
Passover- Is It Permissible To Drink Milk from A Non-Jew Owned Farm Cow Which Itself Consumed Chametz

In Hilchot Pesach, the Ben Ish Chai (Rav Yoseif Chaim ben Eliyahu 1835-1909), writes about drinking milk on Pesach from a cow owned by Goyim. When it comes to drinking such milk he is very Machmir, because there is suspicion that maybe the cow on Pesach ate Chametz, and Chametz is forbidden and therefore the milk is coming from something forbidden. So he says one should refrain from drinking such milk.

There are other Poskim besides the Ben Ish Chai that also agree to this stringency. It has been stated and known that it is forbidden on Pesach to gain benefit from Chametz, and therefore we can not allow ourselves to benefit from the Chametz that the cow ate. So since milk is a by product of Chametz, so it should be forbidden.

But it should be pointed out that Chacham Ovadia in Halichot Olam says that there are enough Poskim who hold differently, especially the Shut Bet Efrayim. He was asked this same question, and the Bet Efrayim said that there is no problem. He said that the subject of discussion is milk and not Chametz, and the Torah was forbidding Chametz and not milk. He also said that the cow eating the Chametz doesn’t belong to the Jew, but rather to the Goy, and therefore the Goy is doing it. What belongs to the Goy is not forbidden, so it was permissible when the cow ate Chametz. And also there is a concept called ‘Ze Vaze Gorem’, which means it’s coming from the Chametz that he ate and also other things, meaning the milk was not derived only from Chametz but it was derived from other things as well. Some want to use the concept of Bitul (invalid), and that it becomes Batel on the animal after he eats it. So there are enough reasons to be lenient.

In any event the Halacha, in the way Chacham Ovadia writes it, is that those that are lenient to drink milk on Pesach from the farms that belong to Goyim, definitely have what to rely on. But again, for those that want to be Machmir like the Ben Ish Chai in the usage of milk, there is what to say.

Those that want to be Machmir can buy milk before Pesach so they have it already from before the Holiday and it is not like we are enjoying from the Chametz on Pesach itself. We can apply the concept of ‘Batel’ before Pesach without a question. So they can stock up, and that would be a way out of the problem for those who want to be Machmir like the Ben Ish Chai.

However, Chacham Ovadia says there is enough room to be lenient on this to even buy milk on Pesach and rely on those Poskim, like the Bet Efrayim.

 


Recent Daily Halachot...
If the Hazan Forgot to Recite Ya’aleh Ve’yabo During the Repetition of the Amida on Rosh Hodesh
Should Two Kaddishim be Recited if a Shiur is Given Immediately Before Arbit?
Reciting “Yiheyu Le’rason Imreh Fi” at the End of the Amida
The Kaddish Before Baruch She’amar
The Value of Praying “Vatikin” and Studying Torah Before Prayer
The Importance and Significance of Birkat Ha’lebana
The Custom Among Syrian Jews Regarding the Text of “Ve’la’minim” and Other Portions of the Amida
Adding Prayers for Forgiveness and for One’s Livelihood in “Shema Kolenu”
If One Mistakenly Recited “Morid Ha’tal” Instead of “Mashib Ha’ru’ah U’morid Ha’geshem”
Should a Mourner be Called for an Aliya if He is the Only Kohen in Attendance?
May Birkat Kohanim be Recited if a Non-Jew is Present
If a Kohen Was Mistakenly Called for the Second Aliya; Calling Kohanim for Later Aliyot
How Should the Aliyot be Arranged in a Minyan of Only Kohanim, or if There is Only One Yisrael?
Birkat Kohanim – The Hazan’s Announcement of “Kohanim”; If There is One Kohen or No Kohanim Present
Birkat Kohanim in a Place Without a Sefer Torah; One Who Enters the Synagogue During Birkat Kohanim; Reciting Birkat Kohanim Several Times in One Day
Page of 239
3585 Halachot found