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Runaway kosher certification

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BY: MICHAEL KIRSCH, M.D. Special to the CJN
Published: Thursday, July 19, 2007 10:49 PM EDT
Conservative rabbis propose mission creep

The Rabbinical Assembly, a national association of Conservative rabbis, is giving this gastroenterologist heartburn. Last month, it endorsed a proposal to radically change the practice of kosher certification.

My beef isn’t about diluting a halachic standard, but about extending its reach too far. If this kosher mission creep succeeds, then its philosophy will threaten the structure and integrity of many other areas of Jewish practice.

Up to now, declaring a cow to be kosher was the result of a strict slaughtering and inspection protocol. The new proposal states that while this process is still necessary, it is not quite kosher enough. It will no longer suffice for slaughterhouses to adhere to the stringent standards in place since the Talmudic era.

“Reformists” now argue that the traditional heksher (kosher certification) must be broadened beyond the realm of scrutinizing bovine innards and slaughtering technique. Mashgiachs (expert certifiers), trained in kashrut arcana, would now be required to look beyond the beasts. Heretofore, they verified that kosher animals are treated humanely; henceforth, they will also have to attest that human employees are treated well.

The new kosher designation would be known as a heksher tzedek, or a justice certification, which attests that the company treats its workers fairly. For me, this rabbinic activism is more than unpalatable; it is unkosher. The laws of kashrut are not an elastic social program to be stretched to reach unrelated issues.

The catalyst for this effort originated from allegations that a kosher slaughterhouse in Iowa was exploiting its workers. Employees there have filed a class-action suit charging the company with unlawfully withholding compensation.

I, too, am against worker exploitation. However, I reject that a kosher heksher is a proper tool to attack it. Mashgiachs are charged to certify kashrut and do not have jurisdiction to modify employer conduct. If they did, kosher certification would become subsumed in a morass of social and political considerations.

Once we accept that the definition of kosher is fluid, then imagine how far we could drift. The effort may start with validating that employees are paid a living wage. Afterward, it could require that workers have adequate health insurance and a retirement program.

Perhaps, slaughterhouse transport trucks would be required to be hybrid vehicles. (Smokestack exhaust fumes might be monitored for toxic elements if a company desires the coveted Kosher-Green heksher.)


As we slip further down the slope, mashgiachs, or designated adjutants armed with clipboards, could query company boards on their views on Iraq policy, gun control, and embryonic stem-cell research. Should kosher slaughterhouses be required to donate a portion of their profits to charity? What if the owner is simply a nasty man who yells at kids and hates puppies? Would this make his rib steaks treif (unkosher)?

In addition, disgruntled slaughterhouse employees could threaten management with their new power to jeopardize the company’s hekshers.

If workers are truly being exploited, then we have the means available to make it right. Indeed, Jewish law and tradition are a model of humanitarianism and justice for the entire world. The Torah forcefully commands: You must give him his wage on the day it is due, and not let the sun set with him waiting for it (Deuteronomy 24:15). If management mistreats its workers, then we have potent weapons to deploy. We can protest. Negotiate. Boycott. Litigate.

The Torah also teaches us that certain species and substances must be kept separate. For example, it is forbidden to sow a field with two kinds of seeds, crossbreed plants or blend wool and linen together in garments (Levititicus 19:19). Perhaps, the Torah is emphasizing the principle to remain whole and pure rather than morph into another structure and lose one’s identity.

The Torah prohibits mixing milk and meat, although no explanation is provided. In contrast, the adverse ramifications of combining kosher certification with politics are obvious. A kosher heksher is a masgiach’s imprimatur that the laws of kashrut have been observed. It was never supposed to save the world. Our rabbis and we must work together to find another way to accomplish this mission.

Michael Kirsch, M.D., fights mission creep on many fronts.



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Reader Comments

The following are comments from the readers. In no way do they represent the view of clevelandjewishnews.com.

analek wrote on Apr 4, 2009 3:15 PM:

" very well done! i applaud your expertise on this issue. way to put your opinion out there-you sure have heart! "

analek wrote on Apr 4, 2009 3:16 PM:

" your opinions are so refreshing to read. its about time someone has the guts to put it out there! i applaud your fine work. "

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