Rabbinic corner
On a commercial scale, gelatin is made from by-products of the meat and leather industries. Most gelatin is derived from pork skins, pork, and cattle bones, or split cattle hides.26 Fish by-products may also be used because, although their “bloom”27 is not as high, fish is an easy way of eliminating the kashrus obstacles which will be discussed. Gelatin is commonly used as a gelling agent in food, pharmaceuticals, capsules, and cosmetic manufacturing.
Kosher Gelatin
By now, you are undoubtedly working on a possible heter for animal gelatin. Perhaps animal hides, tendons and bones can be dried out to the extent of inedibility and permitted according to the rule of inedible food? We should be able to differentiate between bovine28 gelatin and carmine because gelatin comes from collagen in the skins, bones, and tendons which do not have the same halachic status as flesh and blood.29 It is possible that these parts of the animal are not even included in the Torah prohibition of non-kosher animals and therefore, once dried and processed, can be permitted.30 Practically speaking, the discussion seems academic, since gelatin production usually contains meat and bone marrow which is ultimately cooked together with bones and hides31 thereby infusing them with the taste of treif basar which is Biblically prohibited. Furthermore, there are softer, fleshier parts of the animal skin that do, in fact, have the same status as its meat and are included in its Biblical prohibition.32 Ultimately, for these and other reasons, the greatest poskim of the generation did not accept animal gelatin as kosher.33 Accordingly, the policy of every major kashrus agency in both Israel and North America is not to grant kosher status on such gelatin.
1. Should kosher animal gelatin be considered fleishig such that it should not be used in yogurt or dairy ice cream?
Let’s turn the discussion over to kosher gelatin which is manufactured from dried out skins from kosher animals that have undergone the complete shechita process or from kosher fish. There are several such products on the market bearing reliable kosher certification. They are used to make kosher marshmallows, candy, yogurt, pies and even ice cream.34 There are several questions that we should ask:
2. Is it important to have a mashgiach temidi who can check each fish skin for kosher scales in order to authenticate their kosher status or is it sufficient to rely on a chazaka; for example, to purchase them from a company that purports to use only kosher fish which can be verified from time to time by a mashgiach? 3. Can kosher fish gelatin be used in a sauce that is cooked with meat or does it have to be kept separate from meat like all other fish?35 Kosher Animal Gelatin Not every mixture of meat and milk constitutes a Biblical prohibition of basar b’cholov. There are strict requirements that govern this prohibition; both pertaining to the technical definition of “meat” and “milk” that is included under its rubric as well as the method that is employed in “mixing” them together. For example, meat from a non-kosher animal such as a pig, poultry36 and blood37 do not fall under the category of “meat” for this purpose. Even kosher animal meat that is smoked,38 pickled,39 or simply mixed together with milk but not actually cooked40 together do not achieve basar b’cholov status. While consumption
of all such concoctions are certainly prohibited, it is relevant to understand that they are not basar b’cholov in the Biblical sense and are not subject to its unique ramifications, such as the additional issur hana’ah; the prohibition against deriving benefit or pleasure from the mixture.41 Kosher animal hides, tendons, and bones are also not categorized as basar under the Biblical rubric of basar b’cholov.42 Most halachic authorities, however, concur that they may not be mixed with milk at the Rabbinic level.43 Rav Moshe Feinstein, in a novel teshuva,44 posits that there is room to believe that hides45 are not considered basar even at the Rabbinic level and can, l’chatchila, be mixed with cholov. Although Rav Moshe does not rely on his novel position completely, he is absolutely comfortable to rely on it if the hides are completely dried out to the extent that they are inedible. This approach has become the basis for the manufacture of kosher pareve animal gelatin and is accepted by the major kashrus agencies, including COR. This is why you might see COR certified dairy pies, for example, that have gelatin listed in the ingredient panel. The gelatin is kosher and pareve, as we have discussed above, and thus does not conflict with the product’s dairy status. An additional line of thinking shared amongst some poskim is that, even according to the aforementioned halachic authorities who do not agree with Rav Moshe, drying meat to the point of inedibility will still allow it to lose its basar status under the Biblical rubric of basar b’cholov.46 It must be said that this position is not unanimous as there are halachic authorities that consider any kosher animal gelatin as basar even as it pertains to the prohibition of basar b’cholov.47 COR 2018-5778 passover guide 55