Here's a fact: Approximately 10% of dairy cows are treifos ((gleaned from the OU web article, Milk from a Possibly Treif Cow). Here's another fact: the milk from a treif animal is treif. One more: By strict Torah law, in a mixture of like kosher and non-kosher liquids, the non-kosher component is nullified by a simple majority. By rabbinic decree, though, we require the familiar nullification by one part in 60. Putting that together, we seem to come to the following obviously erroneous conclusion: Since 10% of dairy cows are treifos and milk from a treif cow is itself treif, and all or our large dairy farms mix milk from many cows in many herds, so the milk in any one bottle is composed of 90% kosher milk and 10% treif milk, since 10% is much higher than one in 60; conclusion: it is forbidden by rabbinic decree to drink any milk from a large dairy farm.
How do I know that conclusion is obviously erroneous? Simply because the OU, OK, Star-K, CRC, and a whole slew of other kosher certification agencies say the milk is fine. Those agencies have armies of experts who also know the above facts, and yet have come to the conclusion that the milk is 100% kosher. What did we do wrong?
I'll explain it they way I heard in a shiur from R' Yosef Greenwald (to the best of my understanding, but any mistakes are mine).
First, some background. In general, רוב beats חזקה, but that requires some explanation because of the following halacha. Suppose Shimon buys an ox from Reuvein. A couple of days later, Shimon returns demanding a full refund. What's the problem? The ox is incorrigible and cannot be used to pull a plow. Reuvein responds, "I thought you wanted it for a nice meal. If you had told me you wanted an ox for ploughing, I would have sold you a nice well mannered ox. I still can, if you like." Shimon, having just learned about רוב and חזקה says, "Ha! Most animals in this area are purchased for ploughing, not eating. You may have my money, and therefore have a חזקה, but I have רוב on my side, so I win." They go to beis din, the dayan rules in favor or Reuvein. Since it is a case of uncertainty in monetary matters, the rule is (almost) always, whoever wants to take the money from its current owner has the burden of proof.
Wait, wait, wait... רוב is enough to kill someone (case of son, heaven forbid, hitting his father), but not enough to extract money? So here's the deal: As discussed in the first TftD on this topic, רוב tells us a definitive status; that is, it can prevent an uncertainty from every arising. That's precisely why רוב tells of that this person is his son; there was no doubt from the get go. Most married women don't have affairs, so there is no reason to even entertain that this might not be his son; the boy is definately (unless otherwise proven with kosher witnesses) his son. This ox, though, is no longer part of a majority; we have a real doubt as to where he belongs. In that case, חזקה decides; and it would take another (stronger) חזקה (or, of course, kosher witnesses or an explicit contract) to beat that.
Back to our dairy. Most (~90% or so) dairy cows are not treifos. Therefore, any particular cow we choose is categorized as kosher, as that what רוב tells us. Just as halacha dictates that the boy is definitely his son; so, too, the halacha dictates that this cow is definitely kosher. Therefore the milk from that cow is definitely kosher. Since the milk from each cow is definitely kosher, all the milk produced from that farm is kosher. Enjoy your Cheerios/Wheaties/Cap'n Crunch, what have you.
This is an interesting "quirk", if you will of halacha. Each case is decided on its own merits and not on statistical analysis after the fact.
How do I know that conclusion is obviously erroneous? Simply because the OU, OK, Star-K, CRC, and a whole slew of other kosher certification agencies say the milk is fine. Those agencies have armies of experts who also know the above facts, and yet have come to the conclusion that the milk is 100% kosher. What did we do wrong?
I'll explain it they way I heard in a shiur from R' Yosef Greenwald (to the best of my understanding, but any mistakes are mine).
First, some background. In general, רוב beats חזקה, but that requires some explanation because of the following halacha. Suppose Shimon buys an ox from Reuvein. A couple of days later, Shimon returns demanding a full refund. What's the problem? The ox is incorrigible and cannot be used to pull a plow. Reuvein responds, "I thought you wanted it for a nice meal. If you had told me you wanted an ox for ploughing, I would have sold you a nice well mannered ox. I still can, if you like." Shimon, having just learned about רוב and חזקה says, "Ha! Most animals in this area are purchased for ploughing, not eating. You may have my money, and therefore have a חזקה, but I have רוב on my side, so I win." They go to beis din, the dayan rules in favor or Reuvein. Since it is a case of uncertainty in monetary matters, the rule is (almost) always, whoever wants to take the money from its current owner has the burden of proof.
Wait, wait, wait... רוב is enough to kill someone (case of son, heaven forbid, hitting his father), but not enough to extract money? So here's the deal: As discussed in the first TftD on this topic, רוב tells us a definitive status; that is, it can prevent an uncertainty from every arising. That's precisely why רוב tells of that this person is his son; there was no doubt from the get go. Most married women don't have affairs, so there is no reason to even entertain that this might not be his son; the boy is definately (unless otherwise proven with kosher witnesses) his son. This ox, though, is no longer part of a majority; we have a real doubt as to where he belongs. In that case, חזקה decides; and it would take another (stronger) חזקה (or, of course, kosher witnesses or an explicit contract) to beat that.
Back to our dairy. Most (~90% or so) dairy cows are not treifos. Therefore, any particular cow we choose is categorized as kosher, as that what רוב tells us. Just as halacha dictates that the boy is definitely his son; so, too, the halacha dictates that this cow is definitely kosher. Therefore the milk from that cow is definitely kosher. Since the milk from each cow is definitely kosher, all the milk produced from that farm is kosher. Enjoy your Cheerios/Wheaties/Cap'n Crunch, what have you.
This is an interesting "quirk", if you will of halacha. Each case is decided on its own merits and not on statistical analysis after the fact.
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