Is it Really Kosher?

Re’eh
Deuteronomy 11:26 - 16:17

Précis: Moses begins by quoting God, saying “Behold (re’eh) I set before you a blessing and a curse this day.” The outcome will depend on whether or not the people obey the commandments. A concern with idolatry permeates the ensuing verses. The parasha explains that there will be only one site for sacrifices. A test for a false prophet and the punishment of an idolatrous city are included. The parasha then shifts to other subjects: the prohibition against self-mutilation, the biblical basis of the laws of kashrut, tithing so that the Levite, the "stranger, the fatherless, and the widow” are taken care of. Remission of debts, freeing of Hebrew slaves, and the dedication of firstborn cattle are discussed, as are the commandments for the observance of Passover, Shavuot, and Sukkot.

Deuteronomy 14:2-3 - “For you are a people consecrated to Adonai, your God; your God chose you from among all other peoples on earth to be a treasured people. You shall not eat anything abhorrent.”

This parasha deals extensively with laws of kashrut. (Interestingly, it is linked to the concept of the Chosen People....but that is a d'var for another week!)

In looking at the development of Jewish law and custom regarding kashrut, we know that for traditional Jews, “keeping kosher” is not a choice but a commandment from God. Others may observe kashrut from a sense of tradition or sense of obligation (to faith or family members), a desire to identify with the Jewish People, or even for health reasons (although this last has been pretty well discounted as scientifically inaccurate). Others observe kashrut because it promotes a sense of kedushah (holiness) in their lives.

Over time, it appears to be the case that details of kashrut have changed. It's unlikely that our current customs regarding separation of milk and meat, dishes, kashering, etc., have always been with us. After all, there is biblical evidence for the eating of milk and meat at the same meal. So it has been a development over time, and over regions (note, for example, differences between Sephardim and Ashkenazim about items permissible on Passover.)

Within the last few years, the Conservative Movement has initiated a program called “Hechsher Tzedek” – the "seal of righteousness." It is intended to bring to our eating choices consideration of how animals are treated during their raising and slaughter; whether the companies involved treat the animals humanely and their employees fairly and equitably; and whether these firms observe laws and regulations concerning health, safety, and environmental concerns.

The Hechsher Tzedek began even before the scandal of Agriprocessors, a Jewish slaughterhouse and meat packing company located in Iowa which became America’s largest source of kosher meat. The company and its management were found guilty of scores of violations of health, safety, environmental, wage and hour, and child labor laws, although these issues remain in litigation. The Orthodox Union (the "OU," which among its functions includes a kashrut certifying branch) threatened to revoke the “hashkacha” (certificate of kashrut) unless the management of the company changed. This happened, but the company, under the weight of civil and criminal charges, nevertheless was forced into reorganization.

This case brought focus to the question of whether kashrut certifying authorities should take into consideration violations of state and federal law in their determinations of whether or not the company merits their hashkacha. As Rabbi Shmuel Herzfeld, of Ohev Sholom in the District of Columbia (an Orthodox congregation) noted, how can we trust the kashrut of a company which lies to state and federal authorities?

The laws of kashrut were adopted to provide for sanctity (kedushah) in slaughtering requirements. Over the centuries, rabbinic decisions and explanations of kashrut changed with the time, place and circumstances of the Jewish people’s lives. Living as we do in a 21st century society where we have come to appreciate a wide range of regulations (many of which fit well within the Jewish concept of tikkun olam) it is certainly consistent with our tradition for us to consider expanding the concept of “kashrut” to make sure that the farms and slaughterhouses which supply our kosher products do so in a way consistent with all of our values.