Another major debate rages concerning whether soft cheeses (such as cottage cheese and cream cheese) are included in the prohibition of Gevinat Akum. Logically, it would seem that since the concern according to the Rambam and Shulchan Aruch is that the non-Jews used the stomach lining of a Niveila (an animal that was not slaughtered properly) to curdle the cheese, that the prohibition would only apply to cheeses that are produced by the enzyme from the stomach lining. Soft cheeses, though, are not made primarily with the use of enzymes. Before the modern age, cottage cheese was made by passively allowing the milk to ferment and separate into curds and whey. Hence, it would seem that the enactment should not apply to soft cheese since it is not a rennet-based process.
In the modern age, though, a small amount of rennet is added to improve the process of making soft cheeses. Nonetheless, because of the principle of Zeh Vizeh Goreim it would seem reasonable that we may overlook the fact that some rennet is added to enhance the production. As we explained last week, if both a forbidden and permitted substance are involved together in the creation of a food product, we may ignore the contribution of the non-kosher item if the kosher item could have accomplished the task even without the aid of the non-kosher item. To illustrate the different roles of rennet in the production of soft and hard cheeses, Rav Blech notes that soft cheese uses no more than 2 milliliters of rennet per 1000 pounds of milk whereas hard cheese generally requires between fifty and ninety milliliters of rennet.
Indeed, Rav Moshe Feinstein (Teshuvot Igrot Moshe Y.D. 2:48) is inclined to rule that the prohibition of Gevinat Akum does not apply to soft cheeses. He notes that the principle of Zeh Vizeh Gorem appears to be operative in the production of cottage cheese. In fact, Rav Blech cites that Rav Tuvia Goldstein (a prominent Posek from Brooklyn) rules that one may even Lichatchilah (initially) rely on this approach. He rules that soft cheeses are equivalent to butter (that we discussed in last week’s issue) regarding which most observant Jews follow the lenient approach among the Poskim.
Nonetheless, both the Chochmat Adam (53:38) and the Aruch Hashulchan (Y.D. 115:16) rule that the prohibition applies even to cheeses where no rennet is used to produce the cheese. This approach is in harmony with the ruling of the Rambam and the Shulchan Aruch that the enactment applies even when the reason does not apply. We should note that Rav Moshe does not rule unequivocally that soft cheeses are not included in the prohibition of Gevinat Akum. Rather, he writes to Rav Shimon Schwab, of blessed memory, that there is no need for a Rav to make a public pronouncement to adopt the strict view regarding this matter.
Rav Blech and Rav Borow (in his article that we cited last week) demonstrate that this dispute has been debated by numerous authorities of previous generations. The Radvaz (Teshuvot 6:2291) rules that yogurt (which is made without rennet) is included in the Gevinat Akum prohibition. The Pri Chadash (Y.D. 115:21), though, adopts the lenient view. Rav Blech, though, questions Rav Moshe’s approach based on Frank V. Kosikowski’s “Cheese and Fermented Milk Foods” (p. 111) that states that the rennet enzymes that are added in the production of soft cheeses provides for a sweeter cheese. Rav Borow, though, notes that he consulted with the food engineers at Tenuva who stated that the rennet added to soft cheeses does not play a primary role in creating the cheese. Rather, the small amount of added rennet allows industrial scale production of soft cheeses to proceed more efficiently.
Rav Juravel suggests a fascinating possible proof to Rav Moshe’s approach. He notes that the enzyme from date tree sap creates hard cheese. He suggests that perhaps the reason why the Rambam in his description of the Gevinat Akum prohibition presents the example of date tree sap to illustrate that only hard cheeses are included in the Gezeirah (enactment) prohibiting Gevinat Akum.
This dispute has never fully been resolved. Rav Borow told me that some Kashrut organizations adopt a compromise about this matter. In regard to hard cheeses, they follow the Shach and require the Mashgiach to actively participate in the cheese making process. In regard to soft cheeses, they follow the Rama’s ruling that supervision suffices (and that even Yotzei V’nichnas supervision suffices). This explains the availability of cottage cheese and cream cheese from large companies with a Kashrut certification from an accepted Kashrut agency. Other Kashrut agencies, though, are stricter and require the active participation of a Mashgiach even for the production of soft cheeses. Rav Borow, though, writes that all agree that even soft cheese require a reliable Kashrut certification to insure that all ingredients are kosher.
