Mishnah
Mishnah

Halakhah for Avodah Zarah 2:5

אָמַר רַבִּי יְהוּדָה, שָׁאַל רַבִּי יִשְׁמָעֵאל אֶת רַבִּי יְהוֹשֻׁעַ, כְּשֶׁהָיוּ מְהַלְּכִין בַּדֶּרֶךְ. אָמַר לוֹ, מִפְּנֵי מָה אָסְרוּ גְבִינוֹת הַגּוֹיִם. אָמַר לוֹ, מִפְּנֵי שֶׁמַּעֲמִידִין אוֹתָהּ בְּקֵבָה שֶׁל נְבֵלָה. אָמַר לוֹ, וַהֲלֹא קֵבַת עוֹלָה חֲמוּרָה מִקֵּבַת נְבֵלָה, וְאָמְרוּ, כֹּהֵן שֶׁדַּעְתּוֹ יָפָה, שׂוֹרְפָהּ חַיָּה. וְלֹא הוֹדוּ לוֹ, אֲבָל אָמְרוּ, אֵין נֶהֱנִין וְלֹא מוֹעֲלִין. חָזַר, אָמַר לוֹ, מִפְּנֵי שֶׁמַּעֲמִידִין אוֹתָהּ בְּקֵבַת עֶגְלֵי עֲבוֹדָה זָרָה. אָמַר לוֹ, אִם כֵּן, לָמָּה לֹא אֲסָרוּהָ בַהֲנָאָה. הִשִּׂיאוֹ לְדָבָר אַחֵר, אָמַר לוֹ, יִשְׁמָעֵאל אָחִי, הֵיאַךְ אַתָּה קוֹרֵא (שיר השירים א), כִּי טוֹבִים דֹּדֶיךָ מִיָּיִן, אוֹ כִּי טוֹבִים דֹּדַיִךְ. אָמַר לוֹ, כִּי טוֹבִים דֹּדַיִךְ. אָמַר לוֹ, אֵין הַדָּבָר כֵּן, שֶׁהֲרֵי חֲבֵרוֹ מְלַמֵּד עָלָיו, לְרֵיחַ שְׁמָנֶיךָ טוֹבִים:

R. Yehudah said: R. Yishmael asked R. Yehoshua as they were walking along the road: Why were the cheeses of idolators forbidden [to eat]? [The query is to the Rabbis. There is no need to be apprehensive of the milk of an unclean animal for we know that such milk does not curdle.] He answered: Because they curdle them in the maw of carrion. R. Yishmael: But is the maw of a burnt-offering not more stringent (vis-à-vis derivation of benefit) than that of carrion, not withstanding which they said: A Cohein who can tolerate it quaffs it raw, [it being nothing more than a secretion]! (And they did not concede it to him [to permit it ab initio] but told him: It is not permitted to derive benefit from it, but a meilah [abuse of sacred property] offering is not brought [if benefit were derived from it]). Then he (R. Yehoshua) repeated: Because they curdle it in the maw of calves (devoted to) idolatry. [And even though it is a mere secretion, it is forbidden, it being written in respect to idolatry (Deuteronomy 13:18): "And let there adhere to your hand naught from the spoil."] He (R. Yishmael) thereupon asked: If so, why did they not forbid derivation of benefit from it? — whereupon he diverted him to another matter, [but he did not want to give the reason for it, for twelve months had not yet elapsed since the issuance of this decree; and when the rabbis issue a decree they do not reveal its reason until the thirteenth month (from its issuance) until it has taken hold, lest there be one who will question the reason and come to cheapen it. And the reason that they forbade the cheeses of gentiles is that they curdle it in the skin of the maw of the slaughtered animals of gentiles, which is neveilah (carrion). And though it is negligible relative to all of the milk, still, since it curdles the milk and acts upon it, it is not nullified, the rule being: "All goes according to the catalyst." And the interdiction against milk and meat would not forbid it, for if the meat itself were permitted, it would not forbid the milk, though it curdled it until it imparted a flavor (of meat) to it. But a thing which is forbidden in itself (e.g., neveilah) forbids the permitted even if it does not impart a flavor to it, so long as it curdles it.] ("whereupon he diverted him to a different matter") asking him: Yishmael how do you read it (Song of Songs 1:2): "for your [Israel's] love [of the L rd] ('dodecha') is better than wine," or: "for Your [the L rd's] love [of Israel] ('dodayich') is better than wine"? He answered: "for better is dodayich" — whereupon he (R. Yehoshua) said: It is not so, as is indicated by what follows (3): "For fragrance Your oils are good, etc." (the context clearly indicating that Israel is addressing the L rd). [Israel is saying before the Holy One Blessed be He: "Sweeter to me are the words of dodecha (Your loved ones, i.e., the measures ordained and decreed by the sages) more than 'the wine of Torah,' (the written Torah itself)."]

Gray Matter III

The Rambam (Hilchot Ma’achalot Asurot 3:12-13) notes that there should be more reason to allow cheese produced by a non-Jew than milk produced by a non-Jew, because milk from a non-kosher animal cannot be made into cheese. Nevertheless, Chazal prohibited consuming cheese produced by a non-Jew. Although the Mishnah (Avodah Zarah 2:5; see Avodah Zarah 35a) indicates that Chazal at first concealed the reason for this prohibition, the Gemara (Avodah Zarah 35a-b), searching for the correct explanation, cites a plethora of reasons. It suggests that the non-Jews curdled the milk with the stomach lining from niveilot (animals that were not properly slaughtered); that the non-Jews did not take adequate care to cover the milk that would be used to make cheese, leading Chazal to worry that snakes would release their venom into the uncovered liquids;1This explanation assumes that the decree on cheese is basically an extension of the decree against mayim megulim (water that was left uncovered), which Chazal also forbade out of concern for snake venom. that the non-Jews smoothed over the cheese with pig fat; that there might be leftover drops of milk in the cheese that did not curdle, and these drops might have been from a non-kosher animal; and that the non-Jews made the cheese using non-kosher vinegar.
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Gray Matter III

There are two unresolved debates concerning 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, for which supervision likewise suffices to permit the product. The Aruch Hashulchan (Y.D. 115:19) cites the Rambam in his commentary to the Mishnah (Avodah Zarah 2:5 s.v. Amar Lo), who writes explicitly in accordance with the view of the Rama. The Shach (Y.D. 115:20), on the other hand, requires either Jewish ownership of the cheese or active participation of a Jew in the cheese-making. According to the Shach, then, the rules of gevinat akum parallel those of pat akum (bread baked by a non-Jew) in that Jewish participation is required to render the product permissible.
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Gray Matter III

The Shach offers a textual proof to his ruling from the language of the Mishnayot that present the prohibitions of chalav akum and gevinat akum. The Mishnah (Avodah Zarah 2:6) that presents the former prohibition states explicitly that the milk is prohibited only if a Jew does not watch the milking, whereas the Mishnah (Avodah Zarah 2:5) that presents the prohibition of gevinat akum states simply that the cheese is prohibited, making no distinction as to whether a Jew must watch the cheese-making process or not. The Shach, accordingly, concludes that Jewish ownership or active participation is indeed required to permit us to eat the cheese.6See, however, the comments of Rav Yonatan Eybeshitz (Mateh Yonatan Y.D. 115:2), who seeks to refute this proof.
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