הלכה על עבודה זרה 2:6

The Mishnah (Avodah Zarah 2:6) records that Chazal forbade the consumption of milk from a kosher animal that was milked by a non-Jew¹For a discussion of whether a non-observant Jew is included in this category, see Teshuvot Igrot Moshe (Y.D. 1:46), the views of Rav Yosef Shalom Eliashiv and Rav Shmuel Wosner cited in Bin’tiv Hechalav (p. 32 and p. 35), and Encyclopedia Talmudit (15:174). without Jewish supervision (chalav akum, as opposed to chalav yisrael, milk that was supervised). The Gemara explains that this was enacted out of concern that the non-Jew may have mixed non-kosher milk with the kosher milk. In recent times, the limited likelihood of this risk has sparked much debate within the Orthodox community as to how applicable this restriction is today. We shall present both sides of the question, starting with the view of Rav Yosef Dov Soloveitchik.

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.