85b----------------------------------------85b

1)

GELATIN FROM BONES [gelatin: bones]

(a)

Gemara

1.

(Beraisa): "V'Hiktir ha'Kohen Es ha'Kol ha'Mizbechah" includes bones, sinews, horns and hooves;

2.

"V'Asisa Olosecha ha'Basar veha'Dam" excludes if they separated.

3.

Suggestion: If only meat and blood are offered, perhaps we must remove the sinews and bones!

4.

Rejection: "V'Hiktir ha'Kohen Es ha'Kol."

5.

Chulin 114a (Beraisa): One who cooks bones, sinews, horns or hooves in milk is exempt.

6.

Pesachim 22a: R. Avahu holds that when the Torah permitted (benefit from a Neveilah), this permits benefit from (every edible part, including the Chelev and) the Gid ha'Nasheh.

7.

Question: This is like the opinion that the Gid has taste. According to the opinion that it has no taste, how can we answer?

(b)

Rishonim

1.

Rambam (Hilchos Ma'achalos Asuros 9:7): One who cooks skin, Gidim, bones, roots of horns, or soft hooves with milk is exempt. Likewise, one who eats them is exempt.

2.

Rosh (Berachos 6:35): Musk is a sweat of a certain Chayah. Something like blood is syored in a hump, and it becomes mnusk. The Ramah forbids eating, due to concern for blood. R. Yonah permits, for it is a mere Pirshah (secretion). Even though it was initially blood, we follow its present status. If Isur fell into honey, it is considered like honey. Also here, it is permitted even though it improves the taste of the food. R. Yonah's proof from honey requires a proof.

3.

Rashi (Pesachim 22a): According to the opinion that the Gid has no taste, it is not like meat. It is like bones, which are like mere wood.

(c)

Poskim

1.

Shulchan Aruch (YD 87:7): One who cooks skin, Gidim, bones, roots of horns, or soft hooves with milk is exempt. Likewise, one who eats them is exempt.

i.

Beis Yosef (DH Kosav b'Shibolei): Shibolei ha'Leket (2:34) says that if the skin of the stomach is salted and hardened and filled with milk it is permitted. Since it hardened, it is like mere wood without any moisture of meat.

ii.

Shach (22): He is exempt, but it is forbidden.

iii.

Pri Megadim (Sifsei Da'as): The Shulchan Aruch is from the Gemara and Rambam. They connotes that it is forbidden at least mid'Rabanan. Minchas Yakov (16) is stringent if a hollow bone was found in a dairy food, and we are unsure if there was initially marrow inside. Beis Lechem Yehudah (99) permitted. Minchas Yakov says that if the bones are soft, even they are forbidden; see Siman 99 (Shach 1). I do not understand. Here the Shulchan Aruch connotes that even hard bones are forbidden mid'Rabanan regarding meat and milk, unless we will say that the word 'soft' also applies to bones. This is wrong.

iv.

(Note: in Hebrew the adjective 'Rachim' (soft) follows hooves, so it is feasible that it applies also to previous matters mentioned, but this is unlike the simple reading. This is like saying in English, 'soft hooves, roots of horns, bones...' 'Soft' could refer to all of these - PF.)

v.

Rema (10): If skin of the stomach was salted and dried and became like wood, and it was filled with milk, it is permitted. Since it dried, it is like mere wood without any moisture of meat.

vi.

Shach (33): The same applies to other innards. It seems that l'Chatchilah one should not do so.

vii.

Sifsei Da'as: The same applies to other innards, but meat as dry as wood forbids. Likewise, we forbid skin of the stomach through cooking, for it softens. We should be stringent also if it was soaked for 24 hours. We permit only if it was salted or was over the fire long enough (to totally dry out).

2.

Shulchan Aruch (99:2): Bones of Isur join with Heter (to be Mevatel Isur) when they fell in raw. If the bones were cooked and fell in a pot of Heter, the bones join with the Isur, since they absorbed Isur when cooked only with the Isur.

i.

Achiezer (3:33:5): A new powder is made from dry bones. They soak them in lime, then put the bones in water with Chemar (clay?) and put the bones in sulphur, and cook and clean and dry. The bones dry in 48 hours, and they grind them like powdered sugar. They mix the powder with foods and use it to curdle. We can permit based on the Rema, who discusses skin of the stomach that was salted and became dry like wood. The Shach says that the same applies to other innards. Many Acharonim permit also meat of Isur, blood and worms that became as hard as wood, and all the more so bones, which have no Isur of Neveilah or Treifah, like the Rambam says. It seems that there is no concern for dry bones, for the Isur itself joins with Heter to be Mevatel the Isur. The Shach is stringent about moist bones, but the Poskim says that if the meat was removed and they dried, they are like Kelim of bone, metal and wood. The Rambam says that it is forbidden but one is exempt; he discusses bones that are soft or have marrow. Surely dry bones are permitted. Rashi (Chulin 117b DH veha'Atzamos) says that bones join to a Shi'ur of Neveilah only if they have marrow. Tosfos (Avodah Zarah 69a DH ha'Hu) says that bees' legs (that fall into honey) are permitted, like bones. However, if the bones were cooked and absorbed Isur, Hag'alah (purging the absorptions through boiling water) is needed, like for bone Kelim. (Pesachim 83 asked why bones of Korban Pesach without marrow must be burned. Why didn't we answer that they absorbed from the Pesach during roasting? Perhaps we asked why Hag'alah does not suffice. This requires a little investigation.) If it is not a Ben Yomo, the absorptions are detrimental, so it is permitted. However, l'Chatchilah we forbid a Kli that is not a Ben Yomo, lest one use a Ben Yomo. What is absorbed is never proper to eat. Why does it matter whether or not the bone dried? In any case taste can come out through cooking! However, if it was spoiled through lime and sulphur that burns and consumes, it cannot come out anymore. The Beis Yosef (OC Sof Siman 447), citing the Rashba, permits anything totally spoiled. Absorptions are no worse than the Isur itself. The Ran (Avodah Zarah 39) says that musk of Neveilah that became honey is permitted because first it was spoiled. The Shach says that one should not dry other intestines like wood. It seems that this is only regarding intestines, but not for bones. Some say that bones are not Mevatel Isur, for they hold that they have moistness. If they are totally dry, all agree that they are unlike intestines. R. Akiva Eiger (207) says that when there are 60 parts of Heter and there cannot be an Isur Torah, and l'Chatchilah we are not concerned. The same applies to this powder. It is only mid'Rabanan that a Ma'amid is not Batel.

ii.

R. Yechezkeil Abramski (cited in beginning of Tzitz Eliezer 4): All the chemicals used to make gelitan do not create a new substance. They merely separate the other substances in bones from gelatin, lest they spoil it or weaken it. If so, surely we cannot permit based on R. Yonah. However, I permit for three reasons. 1) A Beraisa expounds that the Isur of Tamei species does not apply to bones, sinews and hoofs of Tamei species. Surely the Torah permits. In any case one is not lashed, for they are not proper to eat. If so, also gelatin taken from them is permitted. Zevachim 85b says that we exclude bones from Haktarah, for it says "Basar".

iii.

Hagahas Tzitz Eliezer: The Beraisa in Toras Kohanim excludes also sinews. Perhaps "Basar" is needed to exclude sinews. The Rambam learns from "Basar" that one is not lashed for eggs and milk, even though the Torah forbids them. Several Acharonim say that the Toras Kohanim excludes only lashes, but there is an Isur Torah.

iv.

R. Yechezkeil Abramski (ibid.): 2) The Magid Mishneh (4:18) explains that one who eats skin, bones, sinews... of Neveilos and Treifos is exempt because they are not improper to eat, i.e. therefore they are not included in the Isur to eat Neveilah, just like they are not Tamei for this reason. 3) Rashi in Pesachim 22a says that (benefit from) Chelev and Gid ha'Nasheh of Neveilah were permitted along with the Neveilah. It said that this is like the opinion that the Gid has taste, and asked for a source according to the opinion that it has no taste. Rashi said that the latter opinion holds that it is like a bone. I.e. it is obvious that bones are not considered Neveilah also regarding Isur. Gelatin is made from bones that dried for two years in the sun in India. There is no concern for taste of meat in such dry bones. The truth is, most bones (not cartiledge) do not give taste even when they are moist. Even though it is permitted, in practice one must contemplate whether a pitfall will come from permiting, lest people say that Torah laws change based on Chachamim's will. People did not know how gelatin is made. People thought that it is forbidden. It mostly came from Neveilos and Treifos, and some thought that it is made from marrow. Rashi (Yoma 40a) explains that we should not give opportunity for Tzedukim to say that Chachamim do everything they want.

v.

Teshuvas Minchas R. Aharon (R. Aharon Kutler - 17:22): We cannot permit because the gelatin by itself is improper to eat, since it is used to improve food, just like Se'or (sourdough. Even though it is improper to eat by itself, since it is used to ferment, one is liable for it on Pesach.)

vi.

Achiezer (3:31:4): The Mishneh l'Melech (Rambam (Hilchos Ma'achalos Asuros 14:12) was unsure whether one may swallow an Isur wrapped in Siv (fiber). The Acharonim say that there is no Isur. The Kesav Sofer says that there is no Torah Isur, and perhaps it is permitted even mid'Rabanan. If dogs cannot eat the Isur, even the Sha'agas Aryeh would permit even mid'Rabanan, for we cannot say that since he esteems it, it is like a food. Therefore, surely it is permitted for a sick person, even if there is no danger.

vii.

Yabi'a Omer (2 YD 12:10): Some capsules are made from gelatin from Tamei sources. When one can obtain capsules of Heter, one must, even if they are more expensive. Atzei ha'Levanon permits, even though gelatin is from Isur, since it is mixed with Gumemi (rubber?) and glycerin and it is spoiled so that dogs cannot eat it. It ceases to be a food, and it is like a Siv, so it is permitted for a sick person, even without danger.

viii.

Melamed Leho'il (2:35): Panim Chadashos does not apply to gelatin from bones. Most bones have marrow (so we cannot say that there is no taste), but one does not taste meat in gelatin. One may be lenient for a Choleh without danger, for it is a Safek. It is better if the (pill with) gelatin is wrapped in something (so that the gelatin will not touch his mouth).

ix.

Yevakesh Torah (2:12): There are seven reasons to permit. 1) Most Poskim say that the Isur of bones and skin of Neveilos and Treifos is only mid'Rabanan. 2) When it became as hard as wood and a dog cannot eat it, all agree that the Isur vanished. 3) If it changed to something else, this is Panim Chadashos. 4) Even if it softened again, it does not revert to the taste of meat. 5) All permit a taste that became Pagum and it is not intact. 6) Usually, there are 60 parts of Heter for each part of gelatin. Even if there is not, Mishnas R. Aharon says that since we never heard that anyone tasted gelatin in a mixture, there is a Shi'ur for Bitul. 7) All agree that one may rely on the Rashba who permits a Pagum taste that people use.

x.

Note: Many disagree with many of these points, like brought above. Nowadays, they do not dry out bones for two years! Many Poskim forbid gelatin from bones and skin of Neveilos and Treifos letter of the law, and even those who disagree did not condone to be lenient in practice - PF, with thanks to R. Y. Spitz Shlita for helping me to clarify this Halachah.)

xi.

Yevakesh Torah (ibid.): Many Gedolim distanced using bones and skin of Neveilos and Treifos. Even ha'Ozer says in the name of Keneses ha'Gedolah that people do not eat cheese put in skin of the stomach even if it is as dry as wood. However, there perhaps we are concerned lest the skin of the stomach did not dry enough, and there is not 60 times as much as the skin. Also meat and milk is mid'Oraisa, but most say that bones and skin are only mid'Rabanan. I do not know why they do not make gelatin from bones and skin of Kosher animals. Mishnas R. Aharon (16), Igros Moshe and ha'Emek Teshuvah permit this even with milk.

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