Kashrus, Rabbanus and Hasagas Gvul

Part 1

A story to introduce a story:

A man once came to the Chazon Ish asking if he could rely on a certain rav’s hechsher.

 “I asked the rav if his hechsher is reliable and he responded by telling me that it is, however the less people who eat from it the more comfortable he feels”.

The Chazon Ish responded that if indeed this rav feels such a heavy weight of responsibility to the point of not just being unoffended if one does not eat from him, but even feeling a sense of relief, then that is surely a sign that he could be trusted.

I can relate to that rav.

I do not enjoy the achroyos of being accountable for what is deemed ‘kosher’ in Buffalo. For this reason I have never been able to understand those who seem to have not only lost no sleep due to their already heavy responsibilities, but seek more of it…in other cities than their own, cities who have their own already well-established rabbanim.

 Who wants more achriyos? Who is willing to fight for it? The idea of rabbis, but mostly scholarly balla battim, from other cities entering towns and making halachik decisions is unprecedented in Jewish history.

I am not talking about a factory that serves a national or international customer base, rather commissaries that serve primarily that particular city. Indeed, there are times that my vaad have called upon a major hechsher to take over a company for us. Large companies serve an international customer base, and are a therefore different discussion.

The issues to which I am referring goes well beyond kashrus.

Now for my story:

My first year in Buffalo, I received a call from the Buffalo Bills, the local NFL franchise. They wanted to offer their fans a kosher option at the games, and were wondering if the vaad would be able to certify a hot-dog stand.

I told them that it is certainly possible, although difficult, and certain rules would have to be set into place (like having a mashgiach temidi).

They then put me in touch with one of the vendors. As we began the meeting I informed him of how we would go about either purchasing a new grill or koshering an old one. He then said something startling. “Oh, we are already kosher, we just now want to go under the vaad”.

I responded, “Well, yes, you may be ‘kosher’ in your eyes, but in order to become certified…”

“No, no”, he cut me off, “We are certified. We are simply switching kashrus agencies”.

May I remind the reader that this conversation was taking place in Buffalo, NY. Apparently a small-medium size vaad 2500 miles away was offering certification to a hot-dog stand in Ralph Wilson Stadium in Orchard Park, NY!

My first reaction was not, “How dare they come to ‘our’ turf…” but rather, “Who could be their mashgiach temidi?”

The reader must keep in mind that certifying a kosher hot-dog stand during a NFL game is a great risk. A proprietor of such a commissary can never know how many hot-dogs to bring or how many costumers will patronize them on any given game-day. So that the fear of quickly re-filling your hot-dogs with those from one of the hundreds of carts within walking distance (as opposed to going to the one kosher deli in town, who likely would not have the number of hot-dogs needed anyway) is great and obvious.

Upon returning to my office I called, long-distance, this vaad. They were at first taken aback that I was asking for information about this stand in Buffalo, unsure if they should share it.

Can we imaging 100 years ago, balla battim, or members of klei kodesh, not community rabbanim themselves nor even chosen by local rabbanim, getting involved in other cities’ religious business –to begin with – and then having the temerity to wonder if the rav in that very city is out of bounds for simply wanting to be informed as to what his town is putting in their mouths!? (I am secretly hoping that someone writes in a defense of these tactics)

I repeat that I am speaking of commissaries that serve primarily the bnei ha’ir, and not national companies.

He finally gave me the name of their mashgiach temidi –a man I knew. I called him up and asked him if it is true, that he is working for this agency stationed 2500 miles away. He laughed, and explained he was paid one time to go and look at the grill before the football season stared. That was the extent of their supervision according to him.

This all represents a new American reality. For the first time in Jewish history, ballabattim and non-sitting rabbanim have taken it upon themselves to involve themselves in religious questions that effect cities far, far away.

Rav Moshe Feinstein was once asked about this (Choshen Mishpat vol. 2 siman 39). He responded to the Vaad HaRabanim of Pittsburgh with the following:

Relating to the Kashrus in the city of Pittsburgh, it is clear and obvious that it should be under your authority (Rabbi Wolf Leiter) and the other members of the local rabbinate, as it has been until now…. whether due to the fact that you earned the right for the mitzvah, or the fact that the public already entrusted you with this job, or the money issues involved. There is therefore no right for anyone to come and mix into the cities kashrus without your (the vaad’s) permission, even if this individual is a kashrus expert himself…and it is forbidden for anyone (in the city) to rely on this (other) kashrus.”

What is so sad about the above letter is that it was the rabbanei ha’ir who wrote Rav Moshe asking him his opinion, not the nameless out-of-town rav; that the burden of proof is now on local rabbanim and not the nameless others is the greatest tragedy of it all. The fact that I feel I need to even write this column –and next week I will explain what brought this subject to light – is a tragedy, and a reconstruction of 3000 years of history.

Rav Akiva Eiger and the Nesivos were once walking in a park when they passed by two frum teenagers playing chess. The Nesivos turned to Rav Akiva Eiger and said, “Moshiach must be coming! For chazal (Sota 49) teach that before Moshiach comes chutzpah yasgi (chutzpah will increase), and these boys refused to stand for two elderly rabbanim!”

Rav Akiva Eiger is purported to have replied, “That is not what chazal meant when they said there will be an increase of chutzpah before Moshiach’s arrival. Rather, this is: you and I will be sitting on a park bench when these two kids will walk by. One will say to the other, “Moshiach must be coming because Rav Eiger and the Nesivos didn’t stand for me”!

We have now entered this upside down world (see Pesachim 50).

 I once informed a guest in shul that what he was doing publicly during davening was not our minhag and was upsetting people, and if he could do it quietly or not at all. He looked at me and shook his head ‘No’. I explained that even in the NFL there is a need for referees so that the main players can have a good game.

I will not forget his shocked response. With a stunned look on his face he replied, “Are you actually comparing your job to that of an NFL referee?!” He then turned and continued his actions.

To him the chutzpah was that I thought a rav in his own beis haknesses was as important as a referee in a game, that I would dare compare a rav to a far, far more important occupation, a far more necessary role! Now, on the other hand, should someone call a rav and ask to take over his job, to move there in his stead so that they can then be made aware of all the issues in that city, that would at least make sense. But no one would dare do that, for that would be such a chutzpah…and, anyway, moving is so hard…

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