There are two unresolved debates regarding the production of kosher cheese. The Rama (Y.D. 115:2) rules (and notes that this is the common custom) that it is sufficient for a Jew to monitor the cheese making process to render the cheese kosher. According to the Rama, the prohibition of Gevinat Akum parallels the prohibition of Chalav Akum as supervision suffices to permit the product. The Shach (Y.D. 115:20) requires either Jewish ownership of the cheese or active participation of a Jew in the cheese making. According to the Shach, Gevinat Akum parallels the rules of Pat Akum (bread baked by a non-Jew) in that Jewish participation is required to render the product permissible.
The Shach offers an interesting proof to his ruling from the language of the Mishnahyot that present the prohibitions of Gevinat Akum and Chalav Akum. The Mishnah (Avodah Zarah 35b) that presents the prohibition of Chalav Akum states that the milk is prohibited if a Jew does not watch the milking. On the other hand, the Mishnah (Avodah Zarah 29b) that presents the prohibition of Gevinat Akum simply states that Gevinat Akum is prohibited and makes no distinction as to whether a Jew watches the cheese making process or not. The Shach, accordingly, concludes that Jewish ownership or active participation is required to permit us to eat the cheese. See, though, the comments of Rav Yonatan Eibushetz (Mateh Yonatan Y.D. 115:2) who seeks to refute this proof of the Shach.
The Aruch Hashulchan (Y.D. 115:19), in turn, cites the Rambam in his commentary to the Mishnah (that appears on Avodah Zarah 29b) who writes explicitly in accordance with the view of the Rama.
This dispute has never been resolved. Among eighteenth-century authorities, the Noda Biyehuda (2:Orach Chaim 37) rules in accordance with the Rama and notes that this is the accepted practice, whereas the Vilna Gaon (Biur HaGra Y.D. 115:15) rules in accordance with the Shach. Among the nineteenth-century authorities, the Chochmat Adam (67:7) rules in accordance with the Shach and the Aruch Hashulchan (Y.D. 115:19) essentially rules in accordance with the Rama, although he writes that it is proper to accommodate the strict ruling of the Shach. In the twentieth century, Rav Moshe Feinstein (Teshuvot Igrot Moshe Y.D. 3:16) adopt the same approach as the Aruch Hashulchan. Rav Zushe Blech (in his essay that we cited last week) notes that it seems that the generally accepted practice is to follow the Shach.
This dispute has a major impact regarding the level of supervision required for the cheese making process. According to the Rama occasional inspections suffice, because the Gemara (Chullin 4a) states that “Yotzei Vinichnas Kiomeid Al Gabav Dami”, spot checks are the equivalent of constantly supervising a procedure. However, according to the Shach, a Mashgiach must be available on location to participate in the cheese making process. This explains why it is impractical for a large general company to have its cheeses certified kosher. This is why kosher cheeses are made by companies that produce cheese specifically for the observant Jewish community.
