The  Basur  IS  Asur

Gelatin

by Micalle Carl and Yaffa Karp

Gelatin is one of the most controversial and debated issues of Kashrut in the modern world.  Found in the most liked and alluring foods, gelatin has left many confused regarding its origin, purpose and status.  Its frequency creates much debate among the contemporary Rabbanim of our time.

Gelatin is mostly used to solidify substances such as jell-O, marshmallows, toffees, mentos and gummies.  It is a nearly transparent, odorless and almost tasteless glutinous substance, extracted from various ligaments, bones and skins of animals.  Gelatin is usually derived from non-kosher animals, such as pig.  Therefore, there are many difficult and complicated issues concerning the halachic status of gelatin that will be discussed throughout this report. 

While approaching this topic many intriguing questions arise. The main problem that has to be dealt with is regarding the use of gelatin from non-kosher animals.  Are we allowed to eat this product, knowing that it comes from a non-kosher source?  Do the bones and hides of the animal carry the same prohibition of the meat? Does the process of extracting and manufacturing the gelatin alter its halachic statues?  If gelatin is extracted from kosher sources, is the product considered a meat product or does it remain “pareve”?  Among others, these are some of the problems that must be taken in to consideration.

In ‘ח ,אי ארקיו it states, “םכל םה םיאמט ועגת אל םתלבנבו ולכאת אל םרשבמ” “You may not eat of their flesh nor may you touch their carcass they are impure to you.”  One of the first issues that our rabbinic authorities deal with is the Kashrut status of bones from non-kosher sources.  Based on the pasuk from Vayikra, the Rambam in Mishna Torah LaRambam[1] states, that although the skins, bones, horns, sinews, etc.  of a non-kosher animal or of an animal that was not shechted properly are forbidden, one who eats them is not penalized.

Tosafot[2], Rosh and Rabbeinu Tam all take another approach, as they comment on eating bees’ legs mixed into the honey, a commonly accepted Halachic practice of their time. Concluding that the bees’ legs were “mere bones” or “mere dust”, Tosafot, Rosh and Rabbeinu Tam all permit the consumption of this honey, even though legs of a non-kosher animal were mixed into the food.   

Subsequently, Rabbi Chaim Ozer Grodzinski[3] and Rabbi Yechezkel Abramsky try to resolve the conflicting opinions.  They determine that the Rambam was referring only to soft bones, while hard bones ARE permitted.  In spite of this, Rabbi Moshe Feinstien [4] and Rabbi Aharon Kotler[5] both believe that the Rambam’s prohibition refers to both hard and soft bones of non-kosher sources. 

The contemporary rabbis supporting the use of gelatin products cite Rabbi Yosef Karo’s Shulhan Aruch[6]. The source states that if a nevelah consisting of flesh would fall in to kosher food and combine with a ratio of 60:1 the food is permitted. This proves that nevelah bones (not the marrow) are permissible. Other authorities add that there is no ta’am (taste) and a lack of capability of pelitah, which enables the nevelah to be used as long as it is batal bishishim (1/60). The actual bones however are forbidden. The Yad Avraham claims that if one would study this approach further they would understand that it has no merit.  He compares the nevelah to an aver min hachai, a limb torn off of a live animal, which the torah prohibits.

Rabbeinu Yonah, cited by the Rosh, exemplifies another lenient approach that must also be taken into consideration when determining the status of gelatin.  As he discusses the status of musk, Rabbeinu Yonah concludes that once food changes its form from its former state, it becomes a new entity and its former kashrut status is not relevant anymore. 

Rabbi Grodzinski, Rabbi Ovadia Yosef and Rabbi Eliezer Waldenburg apply Rabbeinu Yonah’s ruling to gelatin.  Through its manufacturing process, the gelatin has changed its form from skin and bones, now becoming a new entity and is relieved of its non-kosher state.  Thus, gelatin is kosher. 

However, Rabbi Yechezkel Abramsky disagrees with this leniency.  He claims that the chemicals used in manufacturing the gelatin is only used to take away other materials that would impact its quality.  It is not a “new creation”, as stated above, and Rabbeinu Yonah’s ruling cannot be applied to such a case.  

The Talmud[7] states that while any non-kosher food is produced and becomes inedible during that time, it too loses its non-kosher status (Nifsal Meachila).  Although, according to the laws of Pesach, all foods that contain Chametz must be inedible even to a dog, in most other situations, that is not the circumstance.  Once again, this rule can be applied to gelatin, as it becomes inedible after its manufacturing process.  The Rama and the Shach both apply the Talmud’s ruling to related issues. 

Nonetheless, a problematical predicament arises as a result of the Talmud’s approach.  What happens if the food is inedible but becomes edible once again? 

Many prominent authorities discuss this dilemma.  The Shach and Rabbi Yechezkel Landau both say that food does NOT regain its non-kosher status after becoming edible once again.  Pitchei Teshuva[8], which cites Teshuvot Tiferet Tzvi, answers the question with a comparable situation and permits red ants to be used for food coloring even after they were dried.  Similarly, any food that has become edible again is permitted for consumption.  Likewise, the Aruch Hashulchan[9] rules leniently on this matter; the Ritva supports his view. 

In contrast to these opinions, the Pri Megadim[10] and Teshuvot Chatam Sofer [11] both rule strictly, claiming that a food that becomes rehydrated regains its non-kosher status, thus forbidding the use of gelatin from non-kosher animals.

The contemporary authorities of our time also take opposing positions. Rabbi Chaim Ozer Grodzinski and Rabbi Zvi Pesach Frank both hold according to the lenient opinion that once an item is denatured it is always considered kosher.  Rav Kotler follows the more severe of the views proves that gelatin is prohibited, as well as Rabbi Moshe Feinstein, who prohibits the consumption of gelatin because of the doubt regarding the matter (Safek Issur). 

Rabbi Kotler brings another point into consideration, further advancing the argument.  He maintains that gelatin should be forbidden, even if it is permitted after becoming edible once more, because it is analogous to yeast. 

The Chavat Daat[12] explains that yeast is forbidden because of its ability to help and enhance other foods, even if it is not fit to eat.  The Chavat Daat applies this ruling to any similar food as well.  Therefore, Rabbi Kotler prohibits eating gelatin, because its purpose is to improve other foods.  On the other hand, the lenient opinion states that the purpose of the bones and skins from which the gelatin is extracted is not to enhance the product.  Both the Shach and Noda BiYehudah lean more towards this opinion.

 Rabbi Kotler raises yet another issue, that of Achshevai.  This concept refers to the prohibition of eating non-edible foods; if one consumes this kind of food proves that he considers it edible!  Once again, contemporary rabbis have conflicting perspectives when applying Achshevai to the gelatin dilemma.  Rabbi Grodzinski and Rabbi Frank rule that the inedible food is only forbidden it is eaten by itself.  Therefore, Achshevai does not apply to foods like gelatin that are mixed with other edible kosher foods.  They base their opinions on the actions of Tosafot and Rosh who ate bees’ honey, even with the bees’ legs were in the mixture, since the legs were not eaten alone.  Rabbi Kotler opposes, saying that the bees’ legs were added to the honey unintentionally and therefore permitted, while gelatin is added intentionally, prohibiting its consumption.  

When taking medications, such as gel capsules, Achshevai is not a concern. Medication is taken for healing purposes. The capsules are tasteless and are not considered food. According to Rav Shachter, one is allowed to take a gel-capsule even for minor pains. However, it is always preferable not to take any medication with non-kosher ingredients.

As previously mentioned, gelatin can also be produced from hides and skins of glatt-kosher animals.  If so, is the kosher gelatin considered “meat”?  Or can it be considered “pareve” and eaten with dairy products? 

Rav Moshe Feinstein[13] addresses this issue and writes that hides are not considered meat and are only prohibited with milk by Rabbinic law.  The gelatin, after it is dried and processed, is not included in this Rabbinic prohibition due to the major change it has undergone.  Therefore if the hides of kosher animals are absolutely cleaned of any meat, they may be intentionally eaten with milk.  Despite the disagreeing opinions, there is room for this leniency as the gelatin has little, if any, taste.  If the gelatin is nullified in pareve ingredients, it will result in a pareve product.

Gelatin can also be derived from fish.  Although in order for the gelatin to be kosher, it must be extracted from kosher fish.  The Shulchan Aruch[14] prohibits eating fish and meat together because of health reasons.  If the gelatin is rendered “pareve”, can it still be consumed together with meat?    

Nowadays, the issues with fish are not as problematical.  The nature of the foods has changed, making the mixture of meat and milk no longer unhealthy.  Furthermore, the original problem with fish and meat were bone related and the gelatin is extracted from fish skins only.  If the fish gelatin is nullified with a majority (1/60) of other foods, as the custom is that one can nullify unhealthy substances in sixty.  Consequently, this “fish and meat” dilemma does not play a role. 

In conclusion, there are many different issues that cause Rabbanim to determine the status of the gelatin.  Although there are many contrasting and opposing views, most of America holds by Rabbi Moshe Feinstein, who prohibits gelatin from a non-kosher animal.  On the other hand, the Israeli Rabbanut permits the consumption of gelatin.  However, in all opinions, it is always preferable to eat gelatin from a kosher animal.  It is best to ask your LOR (= local orthodox rabbi) if you are unsure of the level of kashrut the item, that contains gelatin, is under. 

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